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Penalties and Sentences and Other Legislation Amendment Bill 2012
Penalties and Sentences and Other
Legislation Amendment Bill 2012
Explanatory Notes for amendments to be moved during
consideration in detail by the Honourable Jarrod Bleijie MP
Title of the Bill
Penalties and Sentences and Other Legislation Amendment Bill 2012.
Objective of the Amendments
The objective of the first amendment is to effect a minor change of a technical
drafting nature. Clause 11 of the Bill amends a consequential amendment to
section 63(8) of the State Penalties Enforcement Act 1999 in schedule 1A of
the Civil Proceedings Act 2011 (which is yet to be commenced). The purpose
of the consequential amendment is to replace a definition of exempt property.
However, the Local Government Electoral Act 2011 has renumbered section
63(8) of the State Penalties Enforcement Act 1999 as section 63(11). A minor
amendment was therefore included in the Bill to update the reference to the
renumbered section 63(11).
This amendment is to ensure that clause 11 has the effect only of replacing
the definition of exempt property in section 63(11) of the State Penalties
Enforcement Act 1999 and not of omitting new definitions also inserted in
section 63(11) of the State Penalties Enforcement Act 1999 by the Local
Government Electoral Act 2011.
The objective of the further amendments is to clarify the operation of
proposed new sections 396A and 396B of the Industrial Relations Act
1999.
Those sections as introduced in the Bill permit a health employer to make
deductions from a health employee's wages and other amounts payable in
relation to employment to recover overpayments or any part of the
transition loan that has not been repaid. It is considered appropriate to
further amend the proposed sections to make it clear that a health employer
is not limited to recovering amounts only by the processes set out in the
Industrial Relations Act 1999. Like all other employers a health employer
will retain the right to recover amounts by legal action instituted other than
under the Industrial Relations Act 1999. This clarification is in line with
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Penalties and Sentences and Other Legislation Amendment Bill 2012
existing section 396(2) which provides that an employer's right to recover
overpaid wages is not limited to deductions from an employee's wages paid
in a subsequent pay period.
Achievement of the Objective
The objectives are achieved by way of amendment to the Bill.
Alternative Ways of Achieving Objective
There is no alternative way to achieve these objectives.
Estimated Cost for Government Implementation
There are no costs associated with these amendments.
Consistency with Fundamental Legislative Principles
The amendments are consistent with fundamental legislative principles.
Consultation
Amendment 1 has not been the subject of consultation.
Queensland Health and the Department of the Premier and Cabinet have
been consulted on the amendments to the Bill which insert new provisions
into the Industrial Relations Act 1999 and are in agreement with this
action.
Notes on Provisions
Amendment 1 makes a correction to a consequential amendment in another
Act.
Amendment 2 amends clause 19 of the Bill to insert a new section
396A(6)(c) of the Industrial Relations Act 1999. This new section clarifies
that the arrangements in proposed new section 396A to recover
overpayments do not limit a health employer's right to recover an
overpayment or other amount from a health employee.
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Penalties and Sentences and Other Legislation Amendment Bill 2012
The purpose of stating that there is no limitation on the right to recover an
overpayment (i.e. wages and other amounts in relation to employment or
purportedly in relation to employment paid to a health employee to which
the employee is not entitled) from a health employee is to clarify that, after
the section comes into force, health employers will retain all other recovery
rights (e.g. legal action instituted outside the Industrial Relations Act 1999)
in relation to overpayments in addition to the ability to make deductions
under s 396A.
Similarly, the purpose of stating that there is no limitation on the right to
recover other amounts from a health employee is to clarify that, after the
section comes into force, health employers will retain all other recovery
rights in relation to other amounts in addition to any recovery rights they
have under s 396A.
Amendments 3 and 4 amend clause 19 of the Bill by amending proposed
new section 396B(4). The amendment clarifies that the arrangements in
section 396B to recover repayment of the transition loan from a health
employee's final payment do not limit any other rights a health employer
has to recover any part of the loan that has not been repaid.
ŠThe State of Queensland 2012
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