Queensland INTELLECTUALLY DISABLED CITIZENS AMENDMENT BILL 1993 INTELLECTUALLY DISABLED CITIZENS AMENDMENT BILL 1993 TABLE OF PROVISIONS Section 1 Short title 2.2... eee eee 2 Amended Act ....... 0... cee cee eee eens 3 Omission of ss.2 and 3.1.2... 0... eee eee 4 Amendment of s.4 (Interpretation) ................0...00 0000002000. 5 Omission of s.6 (Administration of Act) ..........0.......0 00002 6 Replacement of s.8 (Composition of Council) ................-.00055 8 Composition of Council... 2.6.6... 7 Replacement of s.9 (Term of appointment) .................0 002 ee eee 9 Term of appointment ......... 6.66... ce eee eee eee eee ees 8 Omission of s.10 (Casual vacancies) ............00. 0000.2 e eee ee eee 9 Amendment of s.11 (Vacation of office) ..........0......000..00000. 10 Amendment of s.13 (Panel members) ...................0 000000000, 11 Amendment of s.13A (Allocation of duties to panels)................. 12 Replacement of s.14 (Fees and allowances) ...............0..0..000. 14 Fees and allowances .......... 0.000. c eee eee eee 13 Amendment of s.15 (Holder of office not affected by restrictive employment provisions) ......... 0... cece 14 Replacement of ss.18 and 19 2.0.6... eee eee ees 18 Quorum . cece eee eee e eens 19 Meetings ....... 0.6... eee tte 15 Amendment of s.20 (Conduct of affairs) ..........0......00.0 0000002 16 Replacement of s.21 (Minutes) ............ 00.00.0000. cece eee Intellectually Disabled Citizens Amendment 1820222527 Omission of s.22 (Validity of proceedings) ....................00000. Amendment of s.26 (Legal Friend) .................... 000000 Amendment of s.27 (Applications for approvals and reviews)........... Amendment of s.29 (Notice of proceedings, etc.).............0 000000 Amendment of s.31 (Information supplied to Council) ................. Amendment of s.31A (Consideration of applications, etc.)............. Amendment of s.32 (Public Trustee to manage estates of certain assisted citizens)... 6... eee eect teen eens Amendment of s.33 (Solicitor not to act) ....... 0.0.0.0... 0 0.2 eee Amendment of s.44 (Access to certain intellectually disabled citizens) . . Omission of ss.47 and 48.0... 2... eee eee Renumbering of s.49 (Annual Report). ......... 0.00 e eee eee eee eee Insertion of new ss.48 and 49 12.2... eee ee 48 Protection from liability ........... 06... eee 49 Regulations... 0.6... occ e eee eee eee eens A BILL FOR An Act to amend the Jntellectually Disabled Citizens Act 1985 Intellectually Disabled Citizens Amendment The Parliament of Queensland enacts— Short title Clause1. This Act may be cited as the J/ntellectually Disabled Citizens Amendment Act 1993. Amended Act Clause2. The Intellectually Disabled Citizens Act 1985 is amended as set out in this Act. Omission of ss.2 and 3 Clause3. Sections 2 and 3— omit. Amendment of s.4 (Interpretation) Clause4.(1) Section 4 (heading)— omit, insert— 'Definitions'. (2) Section 4 (definitions "Chairman", "citizen", "Department", "Minister", "nearest relative" and "Public Trustee")— omit. (3) Section 4— insert— ' "Chairperson" means the Chairperson of the Council; "citizen" means an adult resident of Queensland; "nearest relative" of an intellectually disabled citizen is the Ist of the following relatives who, in descending order of priority, is reasonably available— 1214 16 182023Intellectually Disabled Citizens Amendment (a) a spouse; (b) an adult son or daughter; (c) a parent; (d) a grandparent; (e) an adult brother or sister; (f) another adult relative who, in the Council's opinion, has a proper interest in the wellbeing of the citizen;'. Omission of s.6 (Administration of Act) Clause5. Section 6— omit. Replacement of s.8 (Composition of Council) Clause6. Section 8— omit, insert— 'Composition of Council '8.(1) The Council is to consist of at least 7 members appointed by the Governor in Council by Gazette notice. '(2) Members are to be persons who have, in the Governor in Council's opinion, appropriate knowledge about intellectual disability because of their qualifications or personal or professional experience. '(3) A person is not eligible for appointment as a member if the person is— (a) an officer or employee of the department; or (b) a paid employee of an entity whose principal function is the delivery of services related to intellectual disability. '(4) The Governor in Council may, by Gazette notice, appoint— (a) amember to be Chairperson; and (b) amember to be First Deputy Chairperson; and ND UU fF W WN o 1214 16 1821 24 26Intellectually Disabled Citizens Amendment (c) amember to be Second Deputy Chairperson. '(5) The First Deputy Chairperson acts as Chairperson— 2 (a) while there is a vacancy in the office of Chairperson; and 3 (b) while the Chairperson is absent or is, for another reason, unable 4 to perform the duties of Chairperson. 5 '(6) The Second Deputy Chairperson acts as Chairperson— 6 (a) while there are vacancies in the offices of both Chairperson and 7 First Deputy Chairperson; and 8 (b) while both the Chairperson and the First Deputy Chairperson are 9 absent or are, for another reason, unable to perform the duties of 10 Chairperson.'. 11 Replacement of s.9 (Term of appointment) 12 Clause7. Section 9— 13 omit, insert— 14 'Term of appointment 15 '9, The appointment of a member is to be for a term of not more than 16 3 years.'. 17 Omission of s.10 (Casual vacancies) 18 Clause8. Section 10— 19 omit. 20 Amendment of s.11 (Vacation of office) 21 Clause9.(1) Section 11(1)(d)— 22 omit, insert— 23 '(d) is convicted of an indictable offence; or'. 24 (2) Section 11(1)(f) and (g)— 25 omit, insert— 26 Intellectually Disabled Citizens Amendment "(f) becomes— (i) an officer or employee of the department; or (11) a paid employee of an entity whose principal function is the delivery of services related to intellectual disability.'. Amendment of s.13 (Panel members) Clause10.(1) Section 13(3)— omit, insert— '(3) The appointment of a panel member is to be for a term of not more than 3 years. '(3A) A panel member holds office on the terms of appointment determined by the Minister.'. (2) Section 13(6)— omit 'Workers' Compensation Act 1916-1988', insert 'Workers' Compensation Act 1990. Amendment of s.13A (Allocation of duties to panels) Clause11.(1) Section 13A(2)— omit 'members of the Council', insert 'members'. (2) Section 13A(2)(a)(i)— omit 'as a paid employee of the Department or a paid employee of any other organization or body the principal function of which', insert 'as an officer or employee of the department or a paid employee of an entity whose principal function'. Replacement of s.14 (Fees and allowances) Clause12. Section 14— omit, insert— 1618 20 22 24Intellectually Disabled Citizens Amendment 'Fees and allowances *14.(1) Members and panel members are to be paid the fees and allowances determined by the Governor in Council. '(2) Members and panel members are to be paid the expenses incurred by them in discharging their functions if the payment is approved by the chief executive.'. Amendment of s.15 (Holder of office not affected by restrictive employment provisions) Clause13. Section 15— omit ', subject to section 14(2),'. Replacement of ss.18 and 19 Clause14. Sections 18 and 19— omit, insert— 'Quorum *18.(1) At a meeting of the Council (other than a meeting mentioned in subsection (2)), a quorum is at least half the members constituting the Council at the time, of whom | must be the Chairperson. "(2) At a meeting of the Council to consider a report and the recommendations of a panel constituted under section 13A(2), a quorum is— (a) the person who, under section 19(2), is to preside at the meeting; and (b) 2 other members. 'Meetings *19.(1) Meetings of the Council are to be held at the times and places determined by the Chairperson. '(2) The Chairperson is to preside at all meetings. '(3) However, at a meeting of the Council held for the purpose DAunf Wwhd 1214 161922 26 28 Intellectually Disabled Citizens Amendment mentioned in section 18(2)— (a) (b) (c) if the Chairperson is not present at the meeting, but the First Deputy Chairperson is present—the First Deputy Chairperson is to preside; and if the Chairperson and the First Deputy Chairperson are not present at the meeting, but the Second Deputy Chairperson is present—the Second Deputy Chairperson is to preside; and if the Chairperson, the First Deputy Chairperson and the Second Deputy Chairperson are not present at the meeting—a member nominated by the Chairperson is to preside. '(4) A nomination for the purpose of subsection (3)(c)— (a) (b) (c) must be in writing; and may be of general or limited application; and may be revoked by the Chairperson by written notice given to the nominee. '(5) Two or more meetings of the Council may be held concurrently for the purpose mentioned in section 18(2).'. Amendment of s.20 (Conduct of affairs) Clause15. Section 20 (3rd sentence)— omit 'Chairman', insert 'person presiding'. Replacement of s.21 (Minutes) Clause16. Section 21— omit, insert— 'Minutes '21. The Council must keep minutes of its proceedings.'. ow Co ADW BwWN See ee Ww NS = ee AR Ree na 192224Intellectually Disabled Citizens Amendment Omission of s.22 (Validity of proceedings) Clause17. Section 22— omit. Amendment of s.26 (Legal Friend) Clause18.(1) Section 26(3) (after 'care')}— insert '(whether a single item of treatment or care or a course of treatment or care over a period)'. (2) Section 26(5)— omit 'In giving', insert 'Before deciding whether or not to give'. (3) Section 26(5)(d)— omit, insert— (5A) In giving consent, the Legal Friend must ensure that, as far as possible, the consent is for the least restrictive option available, after taking into consideration the health, wellbeing and expressed wishes of the assisted citizen.', (4) Section 26(7)— omit, insert— '(7) Subject to any directions of the Minister, the Legal Friend may delegate the Legal Friend's powers under this Act to a barrister or solicitor. '(7A) The Legal Friend must not delegate a power that may involve the expenditure of an amount unless the chief executive has approved the expenditure.'. (5) Section 26(9)(b)(ii) (after 'care')— insert '(whether a single item of treatment or care or a course of treatment or care over a period)'. (6) Section 26(11)— omit '(3), (4) and (5)', insert '(3) to (S5A)'. w oO ND HW Lp 11 1315 17 19 2125 27 Intellectually Disabled Citizens Amendment Amendment of s.27 (Applications for approvals and reviews) Clause19.(1) Section 27(2)(a)— 2 omit, insert— 3 '(a) an adult relative of the citizen;'. 4 (2) Section 27— 5 omit 'a member of the Police Force', insert 'a police officer'. 6 (3) Section 27(2)(e)— 7 omit 'any other person, who has attained the age of 18 years,', 8 insert 'any other adult'. 9 (4) Section 27(3)(b)— 10 omit, insert— 11 '(b) an adult relative of the citizen;'. 12 (5) Section 27(3)(c)— 13 omit 'any other person, who has attained the age of 18 years,', 14 insert 'any other adult'. 15 Amendment of s.29 (Notice of proceedings, etc.) 16 Clause20. Section 29(2)— 17 omit 'any other relative or other person, who has attained the age of 18 18 years,', 19 insert 'any other adult'. 20 Amendment of s.31 (Information supplied to Council) 21 Clause21. Section 31(1)— 22 omit, insert— 23 '31.(1) Ifa person is asked by the Chairperson or the convenor of a panel 24 to supply to the Council or the panel information relevant to the 25 consideration of an application under section 27 or the conduct of a review 26 Intellectually Disabled Citizens Amendment under section 28, the person must comply with the request to the extent that the person is able.'. Amendment of s.31A (Consideration of applications, etc.) Clause22.(1) Section 31A(4)(a)— omit '(3)(b)', insert *(3)(b)(ii) or (1ii)'. (2) Section 31A(4)(a)()— omit 'for the purpose of section 26(1)(a)'. Amendment of s.32 (Public Trustee to manage estates of certain assisted citizens) Clause23.(1) Section 32(1A)(c)— omit. (2) Section 32— insert— '(5) In subsections (2) to (4)— "assisted citizen" includes a citizen mentioned in subsection (1A)(a).'. Amendment of s.33 (Solicitor not to act) Clause24. Section 33(2)— omit, insert— '(2) In this section— "proceedings" has the meaning given by section 6 of the Public Trustee Act 1978; "property" has the meaning given by section 6 of the Public Trustee Act 19787. Y A nA fB wo Ne o 11315 1719 21 23 Intellectually Disabled Citizens Amendment Amendment of s.44 (Access to certain intellectually disabled citizens) 1 Clause25. Section 44(6) and (7)— 2 omit 'member of the Police Force', insert 'police officer'. 3 Omission of ss.47 and 48 4 Clause26. Sections 47 and 48— 5 omit. 6 Renumbering of s.49 (Annual Report) 7 Clause27. Section 49— 8 renumber as section 47. 9 Insertion of new ss.48 and 49 10 Clause28. After section 47 (as renumbered)— 11 insert— 12 'Protection from liability 13 *48.(1) This section applies to— 14 (a) the Minister; and 15 (b) amember; and 16 (c) apanel member; and 17 (d) the Legal Friend. 18 '(2) A person to whom this section applies does not incur civil liability 19 for an act or omission done honestly and without negligence under this Act. 20 '(3) A liability that would, apart from this section, attach to the person 21 attaches instead to the State. 22 'Regulations 23 *49.(1) The Governor in Council may make regulations for the purposes 24 of this Act. 25 Intellectually Disabled Citizens Amendment *(2) A regulation may be made prescribing fees and charges for the purposes of this Act.'. © State of Queensland 1993