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Guardianship and Administration and Other Legislation Amendment Bill 2012
Guardianship and Administration and
Other Legislation Amendment Bill 2012
Explanatory Notes
Objectives of the Bill
The main objective of the Guardianship and Administration and Other
Legislation Amendment Bill 2012 (the Bill) is to amend the Guardianship
and Administration Act 2000 to provide additional powers to strengthen the
independence of the Public Advocate to assist in the performance of
systems advocacy.
The other objectives of the Bill are to amend:
· the Electoral Act 1992 to remove administrative funding for political
parties and independent members;
· the Electrical Safety Act 2002 to remove the statutory `Commissioner
for Electrical Safety' position and replace this with a `chairperson'
role, and to remove the standing committee status of the Electrical
Safety Education Committee and the Electrical Equipment Committee
from being nominated statutory committees, with a consequential
amendment to the Work Health and Safety Act 2011;
· the Penalties and Sentences Act 1992 to exclude an offence under
section 33 of the Bail Act 1980 from the imposition of the offender
levy;
· the Queensland Civil and Administrative Tribunal Act 2009 to:
remove some restrictions on the exercise of stated tribunal's powers;
and to enable former judges who are senior or ordinary members to sit
as judicial members on a broader range of matters, with consequential
amendments to the Legal Profession Act 2007 and the Motor Accident
Insurance Act 1994, and
· the Trustee Companies Act 1968 to facilitate: voluntary transfers of
trustee company business; and compulsory transfers of trustee
company business to the Public Trustee of Queensland (with the
consent of the Public Trustee of Queensland).
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Guardianship and Administration and Other Legislation Amendment Bill 2012
The Bill also makes minor and technical amendments to legislation within the
justice portfolio.
Reasons for the Bill
Guardianship and Administration Act 2000 (Guardianship Act)
The Bill implements the Liberal National Party's pre-election commitment
to draft legislative amendments to install the Independent Public Advocate
as a statutory authority.
The Office of the Public Advocate is an integral part of Queensland's
guardianship system, which protects and promotes the rights of adults who
have impaired decision-making capacity. The Public Advocate is
established as an independent statutory authority under the Guardianship
Act to perform systems advocacy for adults with impaired decision-making
capacity.
Systems advocacy involves exploring patterns of problems, gaps and needs
in systems (such as legislation, policy or procedures) and suggesting
workable solutions to government. This relies on the ability to collect
personal and statistical information from a range of sources. Where a
person or agency does not provide this information and there is persistent
non-cooperation and/or significant concerns about systems issues, the
proposed new power to request information allows the Public Advocate to
access the information.
The Bill also includes an additional power to allow the Public Advocate to
prepare a report to the Minister at any time on a systemic issue and require
the Minister to table this report in Parliament. This will allow the Public
Advocate to bring to the attention of the government and the public a
systemic issue about which it has significant concerns.
The amendments will strengthen the independence of the Public Advocate
and improve the ability of the Public Advocate to effectively perform its
functions.
Electoral Act 1992
The Bill removes administrative funding for political parties and
independent members, as provided for under part 11, division 5 of the
Electoral Act 1992. This funding was introduced under the Electoral
Reform and Accountability Amendment Act 2011. For political parties, it is
paid twice a year, before 31 January, for the period from 1 January to 30
June; and before 31 July, for the period from 1 July to 31 December.
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Guardianship and Administration and Other Legislation Amendment Bill 2012
Independent members are also entitled to administrative funding. The
initial administrative funding for a six month period was a maximum of
$20,000 for each elected member (who received at least 4% of the formal
first preference votes at the last general election). This amount is increased
annually on 1 July for movements in the consumer price index.
Independent members are entitled to claim for actual administrative
expenditure up to this amount within three months of the end of the
relevant period.
The Government announced its intention to remove this funding on 2
August 2012.
Electrical Safety Act 2002 (Electrical Safety Act)
In the decade since the commencement of the Electrical Safety Act, the
role and functions of the Electrical Safety Board (the Board) and three
named statutory committees has been well integrated. The Commissioner
for Electrical Safety (the Commissioner) has overseen any necessary fine
tuning of the legislation resulting a diminishing workload for the statutory
Commissioner position.
As part of the Government's election commitments during the March 2012
state election, the Government undertook to reduce red-tape and curb
public sector spending. In this regard, potential savings have been
identified in relation to the Commissioner and two statutory standing
committees.
The statutory Commissioner role was created to manage the transition into
the new electrical safety environment created under the Electrical Safety Act
and to facilitate the work of the Board and three statutory standing
committees, in particular the statutory disciplinary role of the Electrical
Licensing Committee (the licensing committee) and the advisory function to
the Minister. This associated workload necessitated the engagement of the
Commissioner on a full time basis. This workload has reduced over time and
the role has been discharged on a three day per week basis since 2007.
The Commissioner's current role includes the chairing of all Board and
committee meetings; oversight of the work of the Board and committees;
preparation of agendas and review of meeting minutes; stakeholder and
Electrical Safety Office (ESO) consultation and preparation of safety
advice to Minister.
Under current Electrical Safety Act provisions, the person appointed as
Commissioner is entitled to the salary and allowances decided by the
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Guardianship and Administration and Other Legislation Amendment Bill 2012
Governor in Council, who may set conditions of employment equivalent to
those of a person appointed at a comparable level under the Public Service
Act 2008. The appointee must enter into a written contract of employment
with the Chief Executive. The employment package currently includes a
CBD based office and car park and payment of telephone charges.
The term of the Commissioner's appointment is for not longer than five
years. The current Commissioner's term will expire on 4 November 2012
and he has indicated he will not be seeking reappointment. It is therefore
appropriate to consider alternatives to the statutory Commissioner position
and associated standing committee arrangements.
The Electrical Safety Education Committee (the safety education
committee) was established to give advice and make recommendations to
the Board about the promotion of electrical safety in workplaces and in the
broader community. The Electrical Equipment Committee (the equipment
committee) was established to give advice and make recommendations to
the board about the safety, energy efficiency and performance of electrical
equipment.
Under the current Electrical Safety Act, the safety education and
equipment committees consist of a chairperson (currently the
Commissioner) and at least six others and must meet a minimum of four
times annually, though may meet more frequently. There are significant
expenses (especially travel) associated with safety education and
equipment committee meetings.
Many functions of the safety education and equipment committees have
been increasingly addressed as part of the Community Engagement and
Equipment Safety functions within the ESO. Additionally, a range of
electrical safety matters including safety education and safety of electrical
equipment are also addressed as part of the department's representation on
the Electrical Regulatory Authorities Council.
Accordingly, it is proposed to amend the Electrical Safety Act to remove
the statutory Commissioner position and replace this with a `Chairperson',
based on the model contained in the Work Health and Safety Act 2011
(WHS Act). Such an approach would remove the current statutory
requirement for the appointee to be a qualified and licensed electrical
worker, thus broadening the pool of prospective persons available for
appointment.
In this model, the statutory function of the Commissioner in respect of
licensing committee meetings will also be addressed, as the technical
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Guardianship and Administration and Other Legislation Amendment Bill 2012
qualifications of the current Commissioner role as Chair is critical in
respect of licensing committee functions. To address this requirement, it is
proposed that the person the Minister appoints as Chair of the licensing
committee be sourced from appropriately licensed appointed members.
This proposal does not preclude the same person being appointed as Chair
of both the Board and licensing committee.
In terms of workload in a revised Chairperson role, it is estimated that the
functions could be discharged on the basis of 1-2 days per licensing
committee and Board meeting with no requirement for dedicated office
accommodation.
Additionally, it is proposed to remove the standing committee status of the
safety education and the equipment committees under the Electrical Safety
Act. Under existing `advisory committee' provisions, these committees may
be subsequently established by the Minister as advisory committees as and
when required. Furthermore, under an `advisory committee' framework,
there is greater flexibility regarding committee composition, whereby the
skills and experience of members may be more relative to issues required to
be addressed by the committee.
Penalties and Sentences Act 1992
Section 179C of the Penalties and Sentences Act 1992 (as inserted by the
Penalties and Sentences and Other Legislation Amendment Act 2012)
provides for the imposition of the offender levy.
The offender levy is not intended to apply where the only offence
committed involves a breach of bail. Section 179C(6) provides that the
section does not apply to an offence under the Bail Act 1980, section 29.
An amendment is needed to also exclude the offence for a breach of bail
under section 33 of the Bail Act 1980 from the offender levy.
Queensland Civil and Administrative Tribunal Act 2009
Restrictions under the Queensland Civil and Administrative Tribunal Act
2009 on the exercise of certain stated powers of the Queensland Civil and
Administrative Tribunal (QCAT) place a considerable workload on
QCAT's two judicial members. Opportunities have been identified for
widening the pool of tribunal members who are able to make orders of a
procedural nature and for the use of former judges as judicial members.
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Guardianship and Administration and Other Legislation Amendment Bill 2012
Trustee Companies Act 1968
In 2010, regulation of trustee companies under the Corporations Act 2001
was referred to the Commonwealth. If a licence of a trustee company is
cancelled, the Australian Securities and Investments Commission (ASIC)
may issue a certificate for the transfer of the trustee company's business to
another trustee company. Section 68C of the Trustee Companies Act 1968
facilitates the transfer by providing for the receiving company to become
the successor in law in relation to estate assets and liabilities of the
transferring company.
The Corporations and Other Legislation Amendment (Trustee Companies
and Other Measures) Act 2011 (Cth) includes provision for ASIC to also
facilitate the voluntary transfer of trustee company business from one
company to another. It also provides for compulsory transfers to be able to
be made to a state or territory Public Trustee, even if it is not a licensed
trustee company.
Achievement of the Objectives
Guardianship and Administration Act 2000
Amendments to the Guardianship and Administration Act 2000 give the
Public Advocate additional powers to: (1) access information or documents
necessary to perform its statutory functions of systems advocacy; and (2) to
provide a report at any time to the Attorney-General, as the Minister
responsible, on a systemic issue, which must be tabled in Parliament.
The additional powers for the Public Advocate are based on
recommendations made by the Queensland Law Reform Commission in its
report: A Review of Queensland's Guardianship Laws, which was tabled in
the Queensland Parliament on 12 November 2010.
Electoral Act 1992
The Bill removes administrative funding for political parties and
independent members under the Electoral Act 1992 as provided for under
part 11, division 5 of the Electoral Act 1992. The Bill preserves the right of
independent members to claim and be paid, after commencement, for
administrative expenditure incurred by or on behalf of the member during
the period from 1 July to 31 December 2012.
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Guardianship and Administration and Other Legislation Amendment Bill 2012
Electrical Safety Act 2002
The Bill amends the Electrical Safety Act 2002 to replace the statutory
`Commissioner for Electrical Safety' position with a `Chairperson' role
and also by removing the `standing committee' status of the Electrical
Safety Education Committee and the Electrical Equipment Committee.
There is a consequential amendment to the Work Health and Safety Act
2011.
Penalties and Sentences Act 1992
The Bill amends section 179C(6) of the Penalties and Sentences Act 1992
to exclude the offence for a breach of bail under section 33 of the Bail Act
1980 from the offender levy.
Queensland Civil and Administrative Tribunal Act 2009
The Bill provides for powers under sections 52(7) (Transfer to more
appropriate forum), 59(4) (Injunctions) and 60(5) (Declarations) of the Act
which can currently only be exercised by a judicial member of QCAT to be
exercised by legally qualified members of the tribunal.
It also provides that the powers under sections 61, 62 and 63 of the Act to
make procedural orders, issue directions and make orders requiring
documents to be produced to be exercised by a member of the tribunal in a
proceeding in which he or she is not a member of the tribunal, as
constituted.
The Bill also widens the definition of `judicial member' to enable former
judges who are senior or ordinary members of QCAT to hear and decide
matters that can only be determined by judicial members. There are
consequential amendments to the Legal Profession Act 2007 and the Motor
Accident Insurance Act 1994.
Trustee Companies Act 1968
The Bill amends section 68C to facilitate voluntary transfers of trustee
company business and compulsory transfers of trustee company business to
the Public Trustee of Queensland (with consent).
Alternative Ways of Achieving Objectives
There are no alternative ways of achieving the policy objectives.
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Guardianship and Administration and Other Legislation Amendment Bill 2012
Estimated Cost for Government Implementation
Any costs in relation to the amendments will be met from existing agency
resources.
Consistency with Fundamental Legislative Principles
Legislative Standards Act 1992, section 4(3)--Whether legislation has
sufficient regard to the rights and liberties of individuals.
Guardianship and Administration Act 2000
The Bill potentially affects the rights and liberties of individuals by
providing the Public Advocate with power to require access to information,
including personal information.
These amendments are considered justified as they include appropriate
safeguards to protect the person giving the information, as well as the
giving of any confidential information. Safeguards include:
-- access to information is limited for the purpose of the Public Advocate
performing the statutory functions of systems advocacy;
-- the Guardianship and Administration Act 2000 contains existing
obligations about the confidentiality of personal information that
apply to the Public Advocate;
-- the proposed amendments allow a person to refuse to comply with a
requirement to provide information if they have a reasonable excuse,
for example, on the grounds that complying might tend to incriminate
the person or if they claim legal professional privilege;
-- making it an offence for the Public Advocate or any member of the
Public Advocate's staff to publish confidential information; and
-- protecting the person from liability for providing the information.
These provisions aim to balance providing the Public Advocate with
sufficient powers to effectively perform its statutory functions, with
maintaining appropriate safeguards to protect confidential or personal
information, and to protect the person required to provide that information.
Consultation
Guardianship and Administration Act 2000
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Guardianship and Administration and Other Legislation Amendment Bill 2012
Consultation occurred with key justice, disability and advocacy
stakeholders, including the Queensland Law Society; Bar Association of
Queensland; Legal Aid Queensland; Carers Queensland; Office of the
Public Advocate; Public Advocate; Acting Adult Guardian; Adult
Guardian; Queensland Advocacy Incorporated; Health Consumers
Queensland; Caxton Legal Centre; Queensland Shelter and Endeavour
Foundation. Other stakeholders who were contacted did not provide a
response.
Electrical Safety Act 2002
No consultation was undertaken with non-government groups as
amendments are in line with established key Government policies to reduce
red-tape reduction and cutting back on public sector expenditure.
Additionally, these amendments are not expected to result in any reduction
in electrical safety outcomes.
Queensland Civil and Administrative Tribunal Act 2009
The President of QCAT has been consulted on amendments to the
Queensland Civil and Administrative Tribunal Act 2009.
Trustee Companies Act 1968
The amendments to the Trustee Companies Act 1968 have been requested
by the Commonwealth Government.
Notes on Provisions
Part 1 Preliminary
Clause 1 establishes the short title of the Bill as the Guardianship and
Administration and Other Legislation Amendment Act 2012.
Clause 2 provides that Parts 4 and 10, which amend the Electrical Safety
Act 2002 and the Work Health and Safety Act 2011 respectively, commence
on 5 November 2012, if the Act is assented to on or before 4 November
2012, or otherwise on assent. Clause 2 also provides that Part 7, which
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Guardianship and Administration and Other Legislation Amendment Bill 2012
amends the Penalties and Sentences Act 1992, commenced on 21 August
2012.
Part 2 Amendment of Guardianship and
Administration Act 2000
Clause 3 provides that this part amends the Guardianship and
Administration Act 2000.
Clause 4 inserts a new section 207A to include key definitions of
`confidential information' and `information' for the purpose of the new
provisions to be included in chapter 9, part 1 (sections 209A, 210A and
210B).
Clause 5 amends section 209 (Functions - systemic advocacy) by inserting
a new subsection (2) that confirms it is not the function of the Public
Advocate to investigate a complaint or allegation about a particular adult
with impaired capacity for a matter.
Clause 6 inserts a new section 209A (Report about systemic matter) which
allows the Public Advocate to prepare and provide a report on any systemic
issue the Public Advocate is concerned about. The report is provided to the
Minister responsible for the Guardianship and Administration Act 2000,
who currently is the Attorney-General and Minister for Justice. The
Minister must table the report in Parliament within five sitting days after
receiving the report.
Section 209A also provides that the report is not to include confidential
information that is likely to result in the identification of an adult with
impaired capacity to a member of the public. Further, where the report
includes information adverse to a person, the Public Advocate is required
to follow certain steps to ensure the person is provided with an opportunity
to make submissions about the adverse information and any submissions
made are to be fairly stated in the report.
Clause 7 inserts two new sections - section 210A (Right to information)
and section 210B (Offence to publish confidential information).
Section 210A(1) provides the Public Advocate can access information to
perform its functions and lists the matters for which the information may
be required.
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Guardianship and Administration and Other Legislation Amendment Bill 2012
Section 210A(2) allows the Public Advocate to require information or
documents that are in a person's custody or control. For example, the
Public Advocate can only ask for information (including statistical
information) that is kept by the person or agency. The information request
must be in writing and the notice must state a reasonable time to be given
the information. The provision will also allow the Public Advocate, for the
purpose of systems advocacy, to inspect documents and take copies of
them.
Section 210A(3) states that the written notice must state the purpose for the
information request. This will ensure that the person receiving the notice
understands why the information is being requested.
Section 210A(4) provides that the person must comply with the notice
unless they have a reasonable excuse. A person may be liable for a
maximum penalty of 100 penalty units for non-compliance of this section.
Section 210A(5) provides examples of what may amount to a reasonable
excuse - including the privilege against self-incrimination and legal
professional privilege.
Section 210A(6) makes it clear that the request for information cannot be
requested directly from the relevant adult with impaired decision-making
capacity or a family member or close friend who is a member of the adult's
support network (which is defined in the Guardianship and Administration
Act 2000).
Section 210B makes it clear that if confidential information is gained
through the new right to information provision (section 210A), the Public
Advocate (or a member of their staff) cannot, without a reasonable excuse,
publish any confidential information likely to identify a person by a
member of the public to whom the information relates. A person may be
liable for a maximum penalty of 200 penalty units for non-compliance of
this section.
Clause 8 inserts a new section 248B (Protection from liability for giving
information), which protects a person who is required to give information
to the Adult Guardian or Public Advocate in certain circumstances.
Subsection (1) provides that this section applies to the giving of
information to the Adult Guardian for the purpose of sections 183 and 184,
as well as to the Public Advocate for the purpose of the new section 210A.
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Guardianship and Administration and Other Legislation Amendment Bill 2012
Subsection (2) makes it clear that the person may give the information
despite any other law that would otherwise prohibit or restrict the giving of
the information.
Subsection (3) makes it clear that a person will not be liable (civilly,
criminally or under an administrative process) if the person acted honestly
in giving the information.
Subsection (4) makes it clear that a person will also not breach any
professional code, standards or conduct for giving the information.
Subsection (5) further clarifies subsections (3) and (4) and provides that the
person has a defence of absolute privilege for publishing the information
and they are not liable for providing any confidential information.
Subsection (6) defines what is meant by the term `giving' the information
for the purpose of this section. Giving also includes allowing the
documents to be inspected and a copy to be taken of it.
Clause 9 amends section 249 (Protected use of confidential information) to
insert a new subsection (4) that provides section 249 applies subject to
section 210B.
Clause 10 amends schedule 4 (Dictionary) to include some key definitions
for the purpose of the new sections.
Part 3 Amendment of Electoral Act
1992
Clause 11 states that this part amends the Electoral Act 1992.
Clause 12 amends section 2 (Definitions) to remove the definition
independent member that is to be omitted by this Bill.
Clause 13 amends section 17 (Delegation by commission) to remove
reference to section 249(1) that is to be omitted by this Bill.
Clause 14 amends section 197 (Definitions) to omit the definition
independent member that is to be omitted by this Bill.
Clause 15 omits part 11, division 5 (Administrative expenditure funding)
which provides for administrative funding for political parties and
independent members.
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Guardianship and Administration and Other Legislation Amendment Bill 2012
Clause 16 inserts three transitional provisions (new sections 415, 416 and
417) that provide for the final funding period for which a registered
political party or independent member is entitled to be paid administrative
funding.
Part 4 Amendment of Electrical Safety
Act 2002
Clause 17 states that this part amends the Electrical Safety Act 2002
(Electrical Safety Act).
Clause 18 amends section 5 (How purpose of Act is to be achieved) to
remove the current reference to the appointment of a commissioner and
references to the functions of the safety education committee and the
equipment committee. The advisory function (currently of the
commissioner) is maintained as a junction of the Electrical Safety Board
and its committees.
Clause 19 removes Part 6 (Commissioner for electrical safety). The
statutory `Commissioner for Electrical Safety' position will cease with the
commencement of this provision.
Clause 20 amends section 77 (Composition of board) to remove the
reference to the `commissioner'; provides that the one member of the board
is to be appointed as `chairperson' by the Minister; inserts an appointment
requirement for the chairperson of the board role (that the person has
`professional electrical industry experience'); and clarifies that the
reference to `appointed members' at subsection (2), renumbered as (3),
refers to the `other' six appointed members (other than the chairperson).
The appointment requirement for the chairperson role does not limit the
eligibility for appointment of a person who is not a current or former
electrical licence holder.
Clause 21 amends section 85 (Annual Report) to replace the reference to
`commissioner' with `chairperson of the board'.
Clause 22 amends section 86 (Establishment of board committees) to
replace the reference to the establishment of `3 named committees' with a
reference to the `Electrical Licensing Committee'. The operation of the
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Guardianship and Administration and Other Legislation Amendment Bill 2012
other two named committees (safety education and equipment) as statutory
named committees will cease with commencement of this Part.
Clause 23 amends section 89 (Composition of licensing committee) to
provide that one member of the licensing committee is to be appointed as
`chairperson' by the Minister; inserts appointment requirements for the
chairperson of the licensing committee role (that the person has `an
electrical trade or qualification' and has `professional experience in
electrical safety'); clarifies that the chairperson of the board may also be
appointed as chairperson of the licensing committee provided the person
meets the appointment requirements for each role; and clarifies that the
reference to `appointed members' at subsection (2), renumbered as (4),
refers to the `other' 4 appointed members (other than the chairperson). The
appointment requirements for the chairperson of the licensing committee
mirror those for the former `commissioner' role, as they are considered
appropriate in light of the disciplinary functions performed by the licensing
committee.
Clause 24 omits division 3 (Electrical Safety Education Committee) and
division 4 (Electrical Equipment Committee) from Part 8 (Board
committees). These two statutory named committees will cease with the
commencement of this provision.
Clause 25 renumbers Part 8 division 5 (Advisory committees) as division 3.
Clause 26 amends section 98 (Composition of advisory committee) to
replace the reference to `commissioner' with references to chairpersons of
the board or licensing committee. This will permit the appointment of
either chairperson to an advisory committee at the Minister's discretion.
Clause 27 renumbers Part 8 division 6 (Board committee membership) as
division 4.
Clause 28 amends section 99 (Conditions of appointment to board
committee) to remove subsection (4) as there is no need to differentiate
between the person appointed as chairperson of the licensing committee (a
part-time role) and other members of a board committee.
Clause 29 amends section 184 (Certificate about action on electrical
licence) to replace the reference to `commissioner' with a reference to
`chairperson of the licensing committee'.
Clause 30 amends section 205 (Protecting officials from liability) to
remove the reference to `commissioner' in the definition of `official' and
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Guardianship and Administration and Other Legislation Amendment Bill 2012
renumber subsequent subsections. This will not affect the operation of the
section as both `chairpersons' are an appointed member of the board or of a
board committee (i.e. the licensing committee).
Clause 31 inserts a new Part 18A (Transitional provisions for the
Guardianship and Administration and Other Legislation Amendment Act
2012) containing two new transitional provisions. New section 246A, upon
commencement, ends the appointment of members to the Electrical Safety
Education Committee and the Electrical Equipment Committee. New
section 246B repeals the clause of this Bill that amends section 205 of the
Electrical Safety Act, should section 374 of the Work Health and Safety Act
2011 commence prior to the amendment to section 205 of the Electrical
Safety Act contained in the Bill.
Clause 32 amends schedule 2 (Dictionary) to remove the definitions of
equipment committee and safety education committee; amend the definition
of advisory committee to refer to the renumbered division (3); and amend
the definition of board committee to remove references to the equipment
committee and safety education committee.
Part 5 Amendment of Legal Profession
Act 2007
Clause 33 states that this part amends the Legal Profession Act 2007.
Clause 34 amends section 598 (Constitution of tribunal) to provide that the
President of QCAT may nominate a former Supreme Court judge to
constitute the tribunal for a proceeding under the Act. Currently, only a
sitting Supreme Court judge may constitute the tribunal for a proceeding
under the Act. This amendment is complementary to the amendment in this
Bill to the definition of `judicial member' in the Queensland Civil and
Administrative Tribunal Act 2009.
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Guardianship and Administration and Other Legislation Amendment Bill 2012
Part 6 Amendment of Motor Accident
Insurance Act 1994
Clause 35 states that this part amends the Motor Accidence Insurance Act
1994.
Clause 36 amends section 68 (Review of commission's decisions by
QCAT) to require that the judicial member who must constitute the tribunal
for a review under section 68 is to be a Supreme Court judge. This
amendment is consequential to the amendment in this Bill to the definition
of `judicial member' in the Queensland Civil and Administrative Tribunal
Act 2009.
Part 7 Amendment of Penalties and
Sentences Act 1992
Clause 37 states that this part amends the Penalties and Sentences Act
1992.
Clause 38 amends section 179C(6) to exclude an offence under section 33
of the Bail Act 1980 from the offender levy.
Part 8 Amendment of Queensland Civil
and Administrative Tribunal Act
2009
Clause 39 states that this part amends the Queensland Civil and
Administrative Tribunal Act 2009.
Clause 40 amends section 52 (Transfer to more appropriate forum) to
replace reference to a judicial member with reference to a legally qualified
member. This amendment allows non-judicial legal members of QCAT to
exercise the power to transfer matters to a more appropriate forum and
provides for more efficient use of the tribunal's judicial resources.
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Guardianship and Administration and Other Legislation Amendment Bill 2012
Clause 41 amends section 59 (Injunctions) to replace reference to a judicial
member with reference to a legally qualified member. This amendment
allows non-judicial legal members of the tribunal to grant an injunction.
Clause 42 amends section 60 (Declarations) to replace reference to a
judicial member with reference to a legally qualified member. This
amendment allows non-judicial legal members of the tribunal to make
declarations.
Clause 43 amends section 61 (Relief from procedural requirements) to
provide that under subsection (5) the tribunal's power under section 61(1)
to extend a time limit fixed for the start of a proceeding; extend or shorten a
time limit; or waive compliance with another procedural requirement may
be exercised by the tribunal as constituted for the proceeding or a legally
qualified member, an adjudicator or the principal registrar.
Clause 44 amends section 62 (Directions) to provide that under subsection
(7) the tribunal's power under section 62(1) to give a direction at any time
in a proceeding and do whatever is necessary for the speedy and fair
conduct of the proceeding may be exercised by the tribunal as constituted
for the proceeding or a legally qualified member, an adjudicator or the
principal registrar.
Clause 45 amends section 63 (Obtaining a document or thing from third
parties) to provide that under subsection (6) the tribunal's power under
section 63(1) to make an order requiring a person who is not a party to a
proceeding to produce a document or thing to the tribunal or a party to the
proceeding may be exercised by the tribunal as constituted for the
proceeding or a legally qualified member, an adjudicator or the principal
registrar.
Clause 46 amends the definition of `judicial member' in schedule 3
(Dictionary) to insert a new subsection (c). The expansion of the definition
of `judicial member' by the insertion of subsection (c) will enable a former
judge who is a senior or ordinary member of the tribunal to be nominated to
hear and decide a matter that can only be determined by a judicial member.
Presently, subsection (b) of the definition limits the matters for which a
former judge can be nominated to the exercise of a power to make an order
or give a direction. The amendment will facilitate more effective use of
retired judges' expertise.
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Guardianship and Administration and Other Legislation Amendment Bill 2012
Part 9 Amendment of Trustee
Companies Act 1968
Clause 47 states that this part amends the Trustee Companies Act 1968.
Clause 48 amends section 68C (Compulsory transfer determinations) to
facilitate the voluntary transfer of trustee company assets and liabilities
from one trustee company to another under the new voluntary transfer
regime in Part 5D.6 of the Corporations Act 2001 (Cth) (Corporations
Act). The amendments also facilitate the compulsory transfer of trustee
company business to the Public Trustee of Queensland by the Australian
Securities and Investments Commission (ASIC). In addition, the
amendments provide for the registration or recording of the transfer of an
asset or liability by the registrar of titles or another authorised person where
a certificate of transfer issued by ASIC under section 601WBG of the
Corporations Act has come into force.
Part 10 Amendment of Work Health and
Safety Act 2011
Clause 49 states that this part amends the Work Health and Safety Act 2011.
Clause 50 removes section 374 ((Amendment of s 94 (Functions of
equipment committee) as this provision seeks to amend a section of the
Electrical Safety Act which is being omitted by this Bill.
Part 11 Minor and consequential
amendments
Clause 51 states that the schedule amends the Acts it mentions.
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Guardianship and Administration and Other Legislation Amendment Bill 2012
Schedule Minor and consequential
amendments
The amendments in the schedule make minor and technical amendments
to: correct and update section references; correct conjunctives; remove
spent provisions; update styles; and remove or replace unused terms in
various pieces of legislation.
© State of Queensland 2012
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