Ba CRN ++ AUDAX : AT: FIDELIS + Queensland Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Queensland Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Chapter 1Chapter 2 Part 1 11 Preliminary Shorttitle 0... eee Commencement........... 0.000 c eee eee eee eee eee Department of Communities Amendment of Adoption of Children Act 1964 Actamended ........... 00. c eee cee teens Amendment of s 6 (Definitions) .................00...000. Amendment of s 13AA (Application for adoption of a special needs child or a child who is a relative) ...................-. Amendment of s 13AC (Inclusion of person's name in expression of interest register)................. 0002-00005 Amendment of s 13D (What happens after favourable assessment) ke eee eee eee Amendment of s 13E (Ineligibility after person's name entered in assessment register) ......... 20.0... 2 cece Amendment of s 14D (Reviews by tribunal about adoption lists, expression of interest register, assessment register and assessments) we ee ee eee eee eee Amendment of s 33 (Making of interim orders) .............. Insertion of new pt 3A........... 0.0 eee eee eee Part 3A Tribunal proceedings Division 1 Preliminary 36 Application of pt3A ................ 00. eee 36A Definitions for pt 3A ............... 000. e eee eee 36B Object of pt3A...........0 0... eee eee 36C Principles for tribunal in matters relating to this Act. . 94 95 96 9797 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Part 21418 Page 2 Division 2 Notice of proceedings 36D Government entity may nominate decision-maker. . . 98 Division 3 Tribunal proceedings 36E Constitution of tribunal. ..................0000, 98 36F Hearing must usually be held in private........... 99 Division 4 Children in tribunal proceedings 36G Requirements about ensuring proper understanding of tribunal proceedings.................0...00. 100 36H Separate representation of children.............. 100 36! Children must not be compelled to give evidence ... 101 36J Child's right to express views to tribunal........... 101 36K Children giving evidence or expressing views to tribunal eee 101 36L Questioning of children.................00..00. 102 Division 5 Confidentiality 36M Confidentiality order...................000000. 102 36N Limited access to tribunal's register of proceedings. . 103 360 Limited access to tribunal's record of proceedings. . . 103 36P Certain information not to be published........... 104 Amendment of s 58 (Hearings to be in camera).............. 105 Amendment of Child Protection Act 1999 Actamended .......... 0.0. c eee tees 105 Amendment of s 78 (Chief executive's powers) .............. 105 Amendment of s 86 (Chief executive to notify parents of placing child in care—child protection order) .............2.....00. 106 Amendment of s 87 (Chief executive to provide contact between child and child's parents) .............. 000.2 c cece eee eee 106 Amendment of s 90 (Notice of removal from care)............ 107 Insertion of new ch 2A... 1... eee 107 Chapter 2A Tribunal proceedings Part 1 99A 99B 99C 99D Part 2 Preliminary Application of ch 2A ............0. 0.0.00 eee eee 107 Definitions forch 2A............ 00020. c eee eee 107 Object of ch 2A........0.0 0.0... cee 108 Principles for tribunal in matters relating to this Act Tribunal proceedings Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 99E 99F 99G 99H 99J 99K 99L 99M 99N Part 3 99P 99Q 99R 99S 99T 99U 99V 99W 99X Part 4 99Y 99Z Part 5 99ZA 99ZB 99ZC Part 6 99ZD Contents Registrar to give notice of review application....... 109 Review applications by commissioner ............- 110 Government entity may nominate decision-maker. . . 110 Constitution of tribunal.................00.200. 110 Power of tribunal to stay operation of decision limited in particular circumstances. ..................-. 111 Proceedings relating to this Act must usually be held in private... 2... eee eee 112 When proceeding may be held in public........... 112 Adjournments............0.. 0000000002 e eee 112 When matter before court...............2...00. 113 Compulsory conferences ...............02..005 114 Children in tribunal proceedings Requirements about ensuring proper understanding of tribunal proceedings.................-000005 114 Review applications on behalf of children ......... 115 Separate representation of children.............. 115 Separate representative must not be called to give EVIDENCE eee eee 116 Representation of children..................00. 116 Children must not be compelled to give evidence ... 117 Child's right to express views to tribunal........... 117 Children giving evidence or expressing views to tribunal eee 117 Questioning of children... ..............00..00. 118 Provisions applying if party to review is a child who is a parent of the child about whom the reviewable decision was made.............-. eee eee eee 118 Medical examinations President or tribunal may authorise medical examination of child...................000000. 119 Carrying out medical examinations .............. 120 Parties Parties to review. .... 2... 6... cece eee 120 Certain persons may elect to become parties ...... 120 Joinder of person as party to review ............. 121 Confidentiality Confidentiality order.............0.....000000. 121 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 202426 Part 3 28 Part 4 3034 37 Page 4 99ZE Limited access to tribunal's register of proceedings. . 99ZF Limited access to tribunal's record of proceedings. . . 99ZG Certain information not to be published........... Part 7 Ensuring tribunal decisions and recommendations are given effect 99ZH Application of pt7............. 00. e cece 99Zl Requests to chief executive .................0.. 99ZJ What happens if decision not given effect etc....... Amendment of s 129 (Refusal of application) ............... Amendment of s 136 (Refusal of application) ............... Amendment of s 137 (Amendment of authority on application of holder) eects Amendment of s 138 (Amendment of authority by the chief executive) eee eee Amendment of s 140 (Procedure for suspension or cancellation) Amendment of s 140Al (Notice of cancellation).............. Amendment of s 247 (Reviews of reviewable decisions) ....... Amendment of sch 3 (Dictionary)................00....00. Amendment of Child Protection (International Measures) Act 2003 Actamended .......... 0.0. c eee tees Amendment of sch 4 (Dictionary)................-00-00 00s Amendment of Commission for Children and Young People and Child Guardian Act 2000 Actamended .......... 0.0. c eee tees Amendment of s 40 (Grounds for not dealing with complaint) . . . Amendment of s 89ZG (Government entity may enter into arrangement with commissioner)...............--02-00005 Amendment of s 102B (Actions of commissioner after making decision on application) ............ 00... cece eee eee ee Amendment of s 121 (Person may apply for review of decision) . Amendment of s 121AA (Effect of applicant under s 121 becoming a disqualified person)..................-.0-000- Amendment of s 121C (Decision by police commissioner that information is investigative information) ...................- Amendment of s 121E (Consequence of decision on appeal). . . Insertion of new pts 6A and6B ...............0...000 00 ee Part 6A QCAT proceedings about child-related employment review 123124125127127128 129 131 132 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Part 541444649 Part 651 Contents 128A Definitions for pt6A ............ 0.0... 132 128B Application of pt6A ............0.....0 0 eee 133 128C Principle for reviewing child-related employment decision kee eee tee 133 128D Proceeding must always be held in private ........ 133 128E Applications on behalf of children................ 134 128F Withdrawal of application for review.............. 134 128G Children must not be compelled to give evidence... 134 128H Children giving evidence —....... eee 135 1281 Questioning of children... ..............00..00. 135 128J Provisions for QCAT child-related employment TOVIEWS eee tte tee 135 Part 6B QCAT to give statistical information to commissioner 128K QCAT's principal registrar to give statistical information to commissioner ...............00-5 136 Amendment of s 140B (Commissioner may apply for review of reviewable decisions) ............0.... 000 eee cece 137 Amendment of sch 4 (Dictionary)................00....00. 137 Amendment of Community Services Act 2007 Actamended .......... 0.0. c eee tees 138 Amendment of pt 9, hdg (Reviews and appeals) ............. 138 Amendment of s 93 (Chief executive must give notice after making reviewable decision)....................000e esse 138 Amendment of pt 9, div 2, hdg (Review of decision) .......... 138 Amendment of s 95 (Stay of operation of original decision). .... 138 Amendment of s 96 (Review decision)..................... 139 Replacement of pt 9, div 3, hdg (Appeal against review decision) 139 Replacement of s 97 (Appeal against review decision) ........ 139 97 Review of review decision ..................0.. 139 Omission of s 98 (Appeal is by way of rehearing) ............ 140 Amendment of sch 4 (Dictionary)................0....000 140 Amendment of Disability Services Act 2006 Actamended .......... 0.0. c eee tees 140 Amendment of s 87 (Actions of chief executive after making decision on application) .............. 0002. e eee eee eee 140 Amendment of s 102 (Cancellation if conviction for excluding offence and imprisonment or disqualification order)........... 141 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 53 Amendment of s 108 (Person may apply for review of decision). 141 54 Amendment of s 113 (Consequence of decision on appeal).... 142 55 Amendment of s 123D (Explanation of operation of pt10A) .... 142 56 Amendment of s 123E (Definitions for pt 10A)............... 142 57 Amendment of s 123X (Requirements for chief executive's decision about whether change should be made) ............ 143 58 Amendment of s 123Y (Action of chief executive after deciding whether change should be made) ...............2.....00. 143 59 Amendment of s 123ZE (Application of sdiv 2) .............. 143 60 Amendment of s 123ZK (Short term approval for use of restrictive practices other than containment or seclusion) ...... 143 61 Amendment of s 123ZL (Period for which short term approval has effect) ketene 144 62 Amendment of s 123ZN (Chief executive's decision about approving short term plan)............. 00. c eee ee eee ee 144 63 Amendment of s 123ZZ (Application for review).............. 144 64 Amendment of pt 14, hdg (Reviews and appeals) ............ 144 65 Amendment of s 208 (Chief executive must give notice after making reviewable decision)..............-..-:00 eee eee 144 66 Amendment of pt 14, div 2, hdg (Review of decision) ......... 145 67 Amendment of s 210 (Stay of operation of original decision).... 145 68 Amendment of s 211 (Review decision).................... 145 69 Replacement of pt 14, div 3, hdg (Appeal against decision) .... 145 70 Replacement of s 212 (Appeal against review decision) ....... 146 212 Review of review decision ..................0.. 146 71 Omission of s 213 (Appeal is by way of rehearing) ........... 146 72 Amendment of s 248 (Circumstances in which subdivision stops applying)......... 2.0... eee eee eee 146 73 Amendment of sch 7 (Dictionary)................0....0005 146 Part 7 Amendment of Domestic and Family Violence Protection Act 1989 74 Actamended .......... 0.0. c eee tees 147 75 Amendment of s 38 (Conferral of jurisdiction) ............... 147 76 Amendment of s 62A (Procedural provisions for tenancy application) ke eect eee ee 147 77 Amendment of schedule (Dictionary)...................05. 148 Part 8 Amendment of Guide, Hearing and Assistance Dogs Act 78 Actamended .......... 0.0. c eee tees 148 Page 6 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 79 Amendment of pt 7, hdg (Reviews and appeals) ............. 149 80 Amendment of s 67 (Definitions for pt 7) ................... 149 81 Replacement of pt 7, div 3, hdg (Review of decision) ......... 149 82 Amendment of s 70 (Stay of operation of original decision). .... 149 83 Amendment of s 71 (Review decision)..................... 149 84 Replacement of pt 7, div 4, hdg (Appeal against reviewed decision) we eee eee 150 85 Replacement of ss 72 and 73............. 0.0 cee eee eee ee 150 72 Review of reviewed decision ................... 150 86 Amendment of sch 4 (Dictionary)................00....00. 150 Part 9 Amendment of Residential Tenancies and Rooming Accommodation Act 2008 87 Actamended .......... 0.0. c eee tees 151 88 Amendment of s 361 (Review of abandonment order)......... 151 89 Amendment of s 414 (Application of pt2) .................. 151 90 Insertion of newS 414A... 1... ee eee ee 152 414A Applications to the tribunal..................... 152 91 Insertion of new 433A. ......... 0... eee eee 152 433A Particular applications to be heard in private....... 152 92 Amendment of s 504 (Other evidentiary aids) ............... 153 93 Amendment of s 516 (Applications for more than prescribed AMOUNT) ke eee eee 153 94 Amendment of sch 2 (Dictionary)................00...000. 153 Chapter 3 Department of Community Safety Part 1 Amendment of Building Fire Safety Regulation 2008 95 Regulation amended ............. 00 cee eee eee eee 154 96 Omission of s 73 (Fee for an objection—Fire Service Act, S104SB) wee eee 154 Part 2 Amendment of Corrective Services Act 2006 97 Actamended .......... 0.0. c eee tees 154 98 Amendment of s 319A (Definitions) ....................00. 154 Part 3 Amendment of Disaster Management Act 2003 99 Actamended .......... 0.0. c eee tees 155 100 Amendment of s 124 (Notice about decision) ............... 155 101 Replacement of pt 11, div 1, sdiv 3 (Appeals) ............... 155 Subdivision 3 — Review of decision 125 Review of a decision to pay compensation......... 155 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Part 4103 106 108112114 Chapter 4 Part 1121123 Page 8 Amendment of Fire and Rescue Service Act 1990 Actamended ........... 00.0000. e ee cee Amendment of s 69 (Requisition by commissioner to reduce fire TiSk) eee eee eee eee Amendment of s 104G (Notice by commissioner about occupier's or owner's obligations)................-02-00005 Amendment of s 1041 (Certificate of compliance) ............ Amendment of s 104KF (Commissioner may give occupancy notice to occupier) ....... 0.0... eee Amendment of s 104KI (Re-assessment of risk of overcrowding) Amendment of pt 9B, hdg (Objections to notices) ............ Omission of s 104SA (Application of pt 9B to notices under S69) eee eee Amendment of s 104SB (Persons aggrieved by notice may object) ects Omission of s 104SC (Panel of referees to be convened) ...... Omission of s 104SD (Membership of panel of referees). ...... Omission of s 104SE (Determination of objection)............ Replacement of s 104SF (Relief from penalty pending determination of objection)............. 0.0.0.0 e eee eee ee 104SF Relief from penalty pending determination of review by QCAT — nee ee Omission of s 104SG (Stay of operation of s 69 notice)........ Omission of s 104SH (Appeal from panel of referees)......... Amendment of s 154 (Regulation-making power) ............ Department of Education and Training Amendment of Child Care Act 2002 Actamended ........... 06sec cc cece ete Amendment of s 107A (Chief executive to give notice to the Commissioner for Children and Young People and Child Guardian) eee ee Amendment of s 131 (Forfeiture of seized things) ............ Amendment of pt 9, div 1, hdg (Reviewable decisions) ........ Amendment of s 163 (Reviewable decisions)................ Amendment of s 164 (Chief executive must give notice after making reviewable decision)..............-..-:00 eee eee Insertion of newS 164A .... 0.0... eee ee 164A Constitution of QCAT ........ 00... eee eee ee 157 158159159 160160 161162 162 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Part 2126131 133136138140142144 Contents Amendment of Education (General Provisions) Act 2006 Actamended ........... 06sec cc cece ete 163 Amendment of s 36 (Use of criminal history information). ...... 163 Amendment of s 37 (Confidentiality of information about criminal history) .... 0.00.0... cece eee eee eee 163 Amendment of s 69 (Dealing with submissions against principal's decision) .............00 0.00 cee eee eee eee 163 Amendment of s 72 (Chief executive must consider and decide application for further semesters)...............02....000- 163 Amendment of s 139 (Regulation may provide for membership). 164 Amendment of s 154 (Dealing with submissions against removal) eee eee eee 164 Amendment of s 197 (Cancellation)....................00. 164 Amendment of s 200 (Child's exclusion or suspension)........ 165 Amendment of s 226 (Return of cancelled certificate of registration to chief executive) .............0.....0 eee eee 165 Amendment of s 237 (Suspension or exclusion) ............. 165 Omission of ch 12, pt 1 (Preliminary)...................05. 165 Renumbering of ch 12, pts 2, 3and4 .................004. 165 Amendment of s 302 (Exclusion of student by chief executive).. 166 Amendment of s 309 (Exclusion) ................00...0002 166 Renumbering of ch 12, pts 5 and6..................0000. 166 Amendment of s 340 (Prohibition from entering premises) ..... 166 Amendment of s 341 (Prohibition from entering premises) ..... 167 Omission of s 342 (Appeal to District Court) ................ 167 Renumbering of ch 12, pt 7 (Directions and orders about conduct or movement at, or entry to, premises of non-State Schools) keene 167 Amendment of s 349 (Prohibition from entering premises) ..... 167 Amendment of s 350 (Prohibition from entering premises) ..... 168 Omission of s 351 (Appeal to District Court) ................ 168 Renumbering of ch 12, pt 8 (Prohibition from entering premises of all State instructional institutions and non-State schools for up to 1 year)... eee 168 Amendment of s 352 (Prohibition from entering premises of all State instructional institutions and non-State schools)......... 168 Amendment of s 353 (Prohibition from entering premises of all State instructional institutions) ....................000000. 169 Omission of s 354 (Appeal to District Court) ................ 169 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 152 Replacement of ch 12, pt 9, hdg (Provisions relating to parts 6 Co) 169 153 Replacement of s 355 (Non-application of pts 6 and 7 to particular persons)... 0.0.0.2... 0.00 e cece 169 355 Non-application of pts 5 and 6 to particular persons . 170 154 Amendment of s 357 (Noncompliance with court order) ....... 170 155 Amendment of s 362 (Noncompliance with dress code) ....... 170 156 Renumbering of ch 12, pts 10 and 11 ................00.0. 170 157 Replacement of ch 15, hdg and ch 15, pt 1, hdg............. 171 158 Amendment of s 392 (Review decision).................... 171 159 Replacement of ch 15, pt 2, hdg (Appeal against review decisions) eet eee 171 160 Replacement of s 394 (Appeal to Magistrates Court) ......... 171 394 External review by QCAT.............0....005. 171 161 Omission of s 395 (Conduct of appeal) .................00. 172 162 Amendment of ch 15, pt 3, hdg (Appeals against directions under section 340 or 349) ....... 2.0... eee ee 172 163 Omission of s 396 (Definition for pt 3) ..................08. 172 164 Replacement of s 397 (Who may appeal) .................. 172 397 Who may apply for external review of direction given. 172 165 Replacement of s 398 (Starting an appeal) ................. 172 398 Starting an external review.................000. 172 166 Omission of ss 399 and 400............0 2.0... eee eee eee 173 167 Amendment of ch 15, pt 4, hdg (Appeal against decision under section 69, 72, 154, 302(4) or 309(6)) .................005. 173 168 Amendment of s 401 (Definitions for pt 4) .................. 173 169 Amendment of s 402 (Appeal) ...........0..... 000 eee eee 173 170 Amendment of s 453 (Behaviour plans).................... 174 171 Amendment of sch 4 (Dictionary)................-00-00 00s 174 Part 3 Amendment of Education (Overseas Students) Act 1996 172 Actamended ........... 06sec cc cece ete 176 173 Amendment of s 11 (Procedure for suspension or cancellation). 176 174 Replacement of pt 3, hdg (Appeals).................00000. 177 175 Amendment of s 19 (Appeals to court)..................00. 177 176 Omission of Ss 20-25... 0.0... eee 177 Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 177 Actamended ........... 06sec cc cece ete 177 Page 10 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 180195 Contents Amendment of s 44 (Amending or replacing certificate of registration or certificate of permission to teach)............. 178 Amendment of s 50 (Requirement to give notice of suspension). 178 Amendment of s 52 (When suspension ends)............... 179 Replacement of s 53 (Requirement to review continuation of suspension under Ss 48) ............ 0000 cece eee eee eee 179 53 Requirement to decide whether to continue suspension under s 48................0-00 000s 179 Amendment of s 54 (Committee to give notice inviting submissions to approved teacher) ...............00...000 179 Amendment of s 55 (Committee's decision about continuation of suspension) .........0. 6... eee 180 Amendment of s 56 (Cancellation if conviction for disqualifying offence and imprisonment or disqualification order imposed) ... 181 Amendment of s 64 (Requirement to return certificate of registration or permission to teach etc. on suspension or cancellation) kee ee eee eee 181 Amendment of s 67 (Effect of suspension on registration or permission to teach)... ......... 0.0. c cece eee eee 181 Amendment of s 82 (Only approved teachers may be employed as teachers) ....... 0. eee eee 182 Amendment of s 97 (Requirement for college to start disciplinary proceedings) ..............0.. 0... e eee eae 182 Amendment of ch 5, pt 2, hdg (Show cause matters dealt with by Teachers Disciplinary Committee)...................00. 183 Replacement of s 100 (Application of pt2) ................. 183 100 Application of pt2..............0 00... cee eee 183 Amendment of s 101 (Teachers Disciplinary Committee to give show cause notice).......... 0.00. c cee eee 183 Amendment of s 102 (Disciplinary action by Teachers Disciplinary Committee—approved teachers) ............... 184 Amendment of s 103 (Disciplinary action by Teachers Disciplinary Committee—former approved teachers).......... 185 Amendment of s 104 (Notice and effect of committee's decision) 185 Amendment of ch 5, pt 3, hdg (General matters and PP&C matters dealt with by Teachers Disciplinary Committee) ....... 186 Replacement of s 105 (Application of pt3) ................. 186 105 Application of pt3..............0...... eee 187 Amendment of s 106 (Teachers Disciplinary Committee may authorise investigation)... ........0.... 0000. c cece eee eae 187 Amendment of s 107 (Application of ch 6, pt 2, div2)......... 187 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 199 Amendment of s 112 (Reporting of offences)................ 188 200 Amendment of ch 6, hdg (Disciplinary committees)........... 188 201 Amendment of s 115 (Functions of PP&C committee)......... 188 202 Amendment of s 123 (Disciplinary action by PP&C committee).. 188 203 Replacement of ch 6, pt 2, hdg (Teachers Disciplinary Committee) eee eee eee 189 204 Replacement of ch 6, pt 2, div 1 (Establishment, membership and functions) ...............02..000 eee eee 189 Division 1 Constitution of QCAT for disciplinary proceedings 124 Constitution of QCAT for disciplinary proceedings... 189 125 Presiding member of QCAT ..................05. 190 205 Amendment of ch 6, pt 2, div 2, hdg (Disciplinary proceedings conducted by Teachers Disciplinary Committee) ............. 190 206 Amendment of s 130 (Application of div 2).................. 190 207 Omission of s 131 (Parties to disciplinary proceedings). ....... 190 208 Amendment of ch 6, pt 2, div 2, sdiv 2, hdg (Proceedings of Teachers Disciplinary Committee) .....................05. 191 209 Omission of s 132 (Time and place of hearing) .............. 191 210 Amendment of s 133 (Notice of intention to conduct hearing)... 191 211 Omission of ss 134 and 135............0.. 0. 0c eee eee eee 192 212 Amendment of s 136 (Committee may require health assessment) kee ee eee 192 213 Omission of s 137 (Hearing open to the public).............. 193 214 Amendment of s 138 (Attendance and appearance at hearing)... 193 215 Omission of ss 139-146. ... 2.0.00. eee eee 193 216 Amendment of s 147 (Receiving or adopting findings etc. in other proceedings) ........... 000... ccc eee eee eee 194 217 Omission of ss 148-151.........00 0.00. eee eee ee eee 194 218 Amendment of s 152 (Interim orders).............00....00. 194 219 Omission of s 153 (Committee to make record of proceedings). 195 220 Omission of ch 6, pt 2, div 2, sdiv 3 (Offences about disciplinary proceedings dealt with by Teachers Disciplinary Committee) ... 195 221 Amendment of ch 6, pt 2, div 2, sdiv 4 (Decision on completion of disciplinary proceedings) ................... 00 eee 195 222 Amendment of s 158 (Decision about whether ground for disciplinary action is established).....................005. 195 223 Amendment of s 159 (Ending of suspension if ground for disciplinary action not established). ....................05. 196 Page 12 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 229233235238240 242244247 249251 Contents Amendment of s 160 (Decision about disciplinary action against approved teacher) ...................0 00 eee eee 196 Amendment of s 161 (Decision about disciplinary action against former approved teacher) ...............0.....00. 197 Omission of s 162 (Committee may make an order prohibiting publication of particular information) ...................... 198 Amendment of ch 6, pt 2, div 2, sdiv 5 (Action after decision about disciplinary action) ..............00..... eee eee eae 198 Omission of s 163 (Notification of committee's decision)....... 198 Amendment of s 164 (College may notify other persons) ...... 198 Amendment of s 165 (Requirement to notify particular interstate regulatory authorities about decision) ..................... 198 Amendment of s 166 (Publication of information about disciplinary proceedings by college)....................00. 199 Amendment of ch 6, pt 2, div 2, sdiv 6 (Effect of decision). ..... 199 Amendment of s 167 (Effect of committee's decision)......... 199 Amendment of s 168 (Implementation of decision) ........... 199 Omission of ch 6, pt 2, div 2, sdiv 7 (Immunities)............. 200 Amendment of s 170 (Office to keep record of disciplinary proceedings) «—-—— wee eee eee eee eee 200 Omission of s 171 (Payment of costs or penalty)............. 200 Amendment of s 201 (Investigator's report)................. 200 Replacement of ch 8, hdg and ch 8, pt 1,hdg............... 200 Amendment of s 209 (Appeal process for particular decisions starts with internal review) ..............0....0 cece eee eee 201 Amendment of s 212 (College's decision) .................. 201 Amendment of s 213 (Notice of review decision)............. 201 Replacement of ch 8, pt 2, hdg (Appeals) .................. 202 Omission of s 214 (Definitions for pt 2) .................00. 202 Replacement of s 215 (Who may appeal) .................. 202 215 Who may apply for external review............... 202 Omission of ss 216-219... 2.26... 00. eee 202 Replacement of s 220 (Application of pt1) ................. 202 220 Application of pt1.............. 00... c eee eee 202 Amendment of s 221 (Appointments and authority)........... 203 Amendment of s 222 (Signatures) ...............2....000. 203 Amendment of s 288 (Register of approved teachers to be kept) 203 Amendment of s 294 (Protection from liability)............... 203 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 253 Part 5 255259261263Part 6 267 269 271 275 Page 14 Amendment of s 296 (Administrative support for college etc.). . . Amendment of sch 3 (Dictionary)................00....00. Amendment of Education (Queensland Studies Authority) Regulation 2002 Regulation amended ............. 0.0.0... e eee eee eee Amendment of s 3R (Failure to decide an application)......... Amendment of s 3ZE (Failure to decide an application for renewal of accreditation) ........... 0... c ee eee eee eee Amendment of s 3ZL (Failure to decide an application for a change to a syllabus or guideline) ..................-..0-. Replacement of pt 9, hdg (Reviews and appeals) ............ Replacement of pt 9, div 1, hdg (Review of decisions)......... Amendment of s 59 (Appeal process starts with internal review). Amendment of s 62 (Review decision)..................... Amendment of s 63 (Notice of review decision).............. Replacement of pt 9, div 2, hdg (Appeals).................. Replacement of s 64 (Who may appeal) ................... 64 Who may seek an external review ............... Omission of ss 65-68... 1.2... 0.00 eee Amendment of Higher Education (General Provisions) Act Actamended ........... 00.0000. e ee cee Amendment of s 19 (Registration taken to be in force while application is considered).............. 0.0 eee eee eee eee Amendment of s 22 (Changing conditions of registration) ...... Amendment of s 32 (Accreditation taken to be in force while application is considered)............ 00.00 c cee eee eee eee Amendment of s 35 (Changing conditions of accreditation). .... Amendment of s 54 (Self-accrediting authority taken to be in force while application is considered)...................--. Amendment of s 56 (Changing conditions of self-accrediting authority) eee eee Amendment of s 97 (Approval taken to be in force while application is considered).............. 0.0 eee eee eee eee Amendment of s 99 (Changing conditions of approval) ........ Replacement of pt 6, hdg (Appeals)..................0000. Replacement of s 106 (Who may appeal) .................. 106 Who may apply for review ..............02.200. Omission of s 107 (Starting appeals)...................00. 204 205 205206206207207 208 209 210211211 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 280Part 7 283 287 289 291 Part 8 294 Chapter 5 Part 1 296298 Contents Replacement of s 108 (Hearing procedures) ................ 211 108 Hearing procedures ...............0 eee eens 211 Omission of s 109 (Powers of court on appeal).............. 211 Amendment of s 127 (Cancellation of relevant authority)....... 212 Amendment of sch 2 (Dictionary)................00...000. 212 Amendment of Vocational Education, Training and Employment Act 2000 Actamended ........... 06sec cc cece ete 212 Insertion of news 141BA......... 0.0.2. eee eee ee 212 141BA Ombudsman may refuse to deal with matters before QCAT eee eee 213 Amendment of s 141D (Ombudsman to review decision and report findings) ......... 00.0... cece cee eee 213 Insertion of news 144A... 0... eee 213 144A Arrangements between the ombudsman and QCAT.. 213 Amendment of s 183B (Decision about employment exemption). 214 Amendment of s 183C (Amending or cancelling employment exemption) 6 eee ene 214 Replacement of ch 8, hdg (Appeals) ..................0005 215 Replacement of s 224 (Appeal to Magistrates Court) ......... 215 224 Review by QCAT... 1.0.2... 0000. c eee eee 215 Omission of Ss 225-229... 0... eee 215 Omission of s 340 (Remission of matters by magistrates court to board) eee 216 Amendment of sch 3 (Dictionary)................00....00. 216 Amendment of Vocational Education, Training and Employment Regulation 2000 Regulation amended ........... 00-00 eee eee eee eee 216 Amendment of s 6D (Cancellation of transfer approval)........ 217 Department of Employment, Economic Development and Innovation Amendment of Agricultural Chemicals Distribution Control Act 1966 Actamended ........... 06sec cc cece ete 217 Amendment of s 22 (Right of appeal to Magistrates Court)..... 217 Omission of ss 22A-22E ... 1. eee 218 Amendment of s 23 (Effect of suspension).................. 218 Amendment of schedule (Dictionary)....................5. 218 Page 15 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Part 2 301303307 309311 Part 3313315Part 4321323 Page 16 Amendment of Agricultural Chemicals Distribution Control Regulation 1998 Regulation amended ............. 0.0.0... e eee eee eee Amendment of s 12 (Cancellation of result and re-examination) . Amendment of s 15 (Notice of refusal)..................00. Amendment of s 16 (Notice of suspension by standards officer) . Replacement of s 17 (Right of appeal)..................... 17 Right of review ........... 0... ce eee eee eee Replacement of s 18 (Substituted decision on appeal) ........ 18 Substituted decision on review..............00-. Amendment of s 19 (Surrender of licence suspended by standards officer)... 2.0.0... eee eee Amendment of s 19A (Surrender of licence suspended or cancelled by chief executive) ........... 0.00. cee eee eee eee Amendment of s 39 (Application for a distribution permit) ...... Amendment of s 41 (Distribution permit conditions)........... Amendment of s 42 (Notice of refusal)..................0-- Amendment of s 43 (Right of appeal)...................00. Amendment of Agricultural Standards Act 1994 Actamended ........... 06sec cc cece ete Amendment of pt 5, hdg (Review of decisions) .............. Amendment of s 47 (Who may apply for review etc.).......... Amendment of s 48 (Applying for review)................... Replacement of s 49 (Chief executive's decision on review) .. . . 49 Chief executive's decision on internal review....... Replacement of s 50 (Stay of operation of original decision etc.) 50 Stay of operation of original decision etc........... Replacement of pt 6 (Appeals)...............0.....000005 Part 6 External reviews by QCAT 51 Who may apply for review ..............00.200. Amendment of schedule (Dictionary)................-..0-. Amendment of Animal Care and Protection Act 2001 Actamended ........... 06sec cc cece ete Amendment of s 192 (General provisions for orders under pt 3) . Replacement of ch 7, pt 4, div 1, hdg (Review of decisions) .... Replacement of ss 193 and 194...............0....000005 219220220220 221222223223224 225 225 226226 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 193 Internal review process. .............00-00 ee eee 226 194 Who may apply for internal review............... 227 324 Amendment of s 195 (Requirements for making application).... 227 325 Amendment of s 196 (Stay of operation of original decision).... 227 326 Amendment of s 197 (Review decision).................... 228 327 Replacement of s 198 (Notice of review decision)............ 229 198 Notice of internal review decision................ 229 328 Insertion of new ch 7, pt4, div1A...............00000008- 230 Division 1A External reviews by QCAT 198A Who may apply for external review............... 230 329 Replacement of s 199 (Who may appeal) .................. 230 199 Who may appeal..... 2.2.0.2... ce eee eee eee 230 330 Amendment of s 200 (Starting appeal) .................... 231 331 Amendment of s 201 (Stay of operation of review decision) .... 231 332 Amendment of s 202 (Hearing procedures)................. 231 333 Amendment of s 203 (Court's powers on appeal—general). ... . 231 334 Amendment of s 204 (Further powers for appeal about seizure or forfeiture) ©... eee 231 335 Amendment of schedule (Dictionary)....................5. 232 Part 5 Amendment of Apiaries Regulation 1998 336 Regulation amended ..........-.6 0c eee eee eee eee 233 337 Amendment of s 2 (Definitions) .................00....00. 233 338 Amendment of s 8A (Notice of decisions under div 2)......... 233 339 Amendment of s 16 (Direction to move to quarantine)......... 233 340 Amendment of s 17A (Notice of refusal of permission) ........ 234 341 Replacement of pt 4, hdg (Appeals)..................0000. 234 342 Amendment of s 18 (Appeals against certain decisions) ....... 234 343 Omission of SS 19-23. ..... 0... e eee eee 234 Part 6 Amendment of Associations Incorporation Act 1981 344 Actamended ........... 06sec cc cece ete 235 345 Amendment of pt 12, hdg (Reviews and appeals) ............ 235 346 Amendment of pt 12, div 1, hdg (Review of decisions) ........ 235 347 Replacement of s 111 (Stay of operation of decision) ......... 235 111 Stay of operation of disputed decision............ 235 348 Amendment of s 112 (Decision on reconsideration) .......... 236 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Part 7351 354Part 8 358362366 368 Page 18 Replacement of pt 12, div 2 (Appeals against reconsidered decisions) ec ec eee e eee Division 2 External review of decisions 113 Who may seek external review.................. Amendment of Biodiscovery Act 2004 Actamended ........... 00.0000. e ee cee Amendment of s 21 (Procedure for amendment, suspension or cancellation)... 2.0.00... eee eee Amendment of 22 (Returning collection authority on cancellation) eee eee eee Amendment of s 86 (Return of seized things) ............... Replacement of pt 9, hdg (Review of decisions) ............. Replacement of pt 10 (Appeals).....................0000. Part 10 External reviews 103 Review of decision by QCAT ................... Amendment of schedule (Dictionary)................-..0-- Amendment of Body Corporate and Community Management Act 1997 Actamended ........... 06sec cc cece ete Amendment of s 48 (Adjustment of lot entitlement schedule) .. . Amendment of s 49 (Criteria for deciding just and equitable Circumstances) ........ 00... cece eee Amendment of s 62 (Body corporate to consent to recording of new statement). ........ 0.00. cece Amendment of s 133 (Disputes arising out of review) ......... Amendment of s 135 (Other provisions about review)......... Amendment of s 149A (Specialist adjudication or CCT jurisdiction) eee eee eee ee Amendment of s 149B (Specialist adjudication or CCT jurisdiction) kee eee Amendment of s 178 (Review of exclusive use by-law) ........ Amendment of s 229 (Exclusivity of dispute resolution provisions) eee eee eee Amendment of s 230 (Structure of arrangements)............ Amendment of s 239C (Continuation of application if standing of party changes) .......... 0.0 cee eee eee eee eee Amendment of s 241A (Applicant to be given notice of decision to reject application). .... 2.0.6... eee Amendment of s 245 (Change or withdrawal of application) .... 238238 238 239 240241 242 243 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 372374376381 383Part 9388 Contents Amendment of s 288A (Definitions for pt 11)................ 244 Amendment of s 289 (Right to appeal to District CourtorCCT). 244 Amendment of s 290 (Appeal) ...........0..... 000s eee 244 Omission of s 291 (Stay of operation of order)............... 245 Amendment of s 292 (Referral back to commissioner) ........ 245 Omission of ss 293-293A .... 0.0... 245 Replacement of s 294 (Powers of appeal body on appeal) .... . 245 294 Jurisdiction and powers of appeal tribunal on appeal. 245 Amendment of s 294A (Power to stay application and proceeding) «-—-_—l eee eee eee eee ee 246 Amendment of s 295 (Replacing statement to be lodged with registrar) eee 246 Amendment of ch 7, pt 1, hdg (Appeals) ................... 246 Replacement of ss 304 and 305....................00000, 247 304 External review of decisions.................... 247 Amendment of s 306 (Time for making appeal).............. 247 Omission of ss 307 and 308............0.. 0... e eee eee 247 Amendment of s 313A (Application under ch 6 or CCT Act by group of lot owners or occupiers)............-..--00-00 eee 247 Insertion of new ch 8, pt7 ...... 0... eee eee 248 Part 7 Transitional provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 364 Definition for pt7 ........... 0... 248 365 Appeal from order of an adjudicator that could have been made to the former tribunal................ 249 366 Appeal from order of an adjudicator that could have been made to the District Court................. 249 367 Existing appeal taken to be before QCAT or transferredtoQCAT —iw. eee eee eee 249 Amendment of sch 6 (Dictionary)................00...000. 250 Amendment of Casino Control Act 1982 Actamended ........... 06sec cc cece ete 250 Replacement of pt 9A (Appeals) ...................00000, 251 Part 9A Review of decisions by tribunal 91A Who may apply for review ..............0...00. 251 91B Tribunal to decide review on evidence before the chief executive ...... 0.0.0... eee eee 252 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 91C Tribunal may give leave for review to be decided on new evidence in particular circumstances ......... 253 91D Appeals from tribunal only to Court of Appeal on a question of law........ 00.0... eee eee 253 389 Omission of s 93 (Appeal to Minister) ..................0.. 254 390 Amendment of s 97 (Duration of exclusion direction).......... 254 391 Omission of ss 135 and 136............0.. 0... c eee eee 254 392 Omission of s 138 (Appeals to gaming commission) .......... 254 393 Amendment of schedule (Dictionary)....................5. 254 Part 10 Amendment of Casino Control Regulation 1999 394 Regulation amended ..........-.6 0c eee eee eee eee 255 395 Amendment of sch 4 (Fees). ......... 0.000 e cece eee eee 255 Part 11 Amendment of Charitable and Non-Profit Gaming Act 1999 396 Actamended ........... 06sec cc cece ete 255 397 Amendment of s 153 (Forfeiture on payment of infringement notice penalty) ..... 2.2... eee 255 398 Replacement of pt 8 (Appeals)......................00005 256 Part 8 Review of decisions by tribunal 174 Who may apply for review ..............02.200. 256 175 Tribunal to decide review on evidence before the chief executive ...... 0.0.0... eee eee 257 176 Tribunal may give leave for review to be decided on new evidence in particular circumstances ......... 257 177 Appeals from tribunal only to Court of Appeal on a question of law........ 00.0... eee eee 258 399 Amendment of sch 2 (Dictionary)................00...000. 259 Part 12 Amendment of Charitable and Non-Profit Gaming Regulation 1999 400 Regulation amended ..........-.6 0c eee eee eee eee 259 401 Amendment of sch 2 (FeesS).......... 0.000 cece eee eee 259 Part 13 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988 402 Actamended ........... 06sec cc cece ete 260 403 Amendment of s 16 (Agricultural produce etc. containing chemical residues not to be used etc.)............2.....00. 260 404 Amendment of s 17 (Approval to use etc. agricultural produce etc. or cultivate plants on land).................. 000. aee 260 405 Insertion of neWS 21A.... 0... eee 260 21A Review of particular decisions .................. 260 Page 20 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 406 Amendment of s 22 (Right of appeal to Magistrates Court)..... 261 407 Amendment of schedule (Dictionary)...................00. 261 Part 14 Amendment of Clean Energy Act 2008 408 Actamended ........... 06sec cc cece ete 261 409 Amendment of pt 9, hdg (Appeal and review of decisions) ..... 262 410 Amendment of s 30 (Review decision)..................... 262 411 Replacement of pt 9, div 2, hdg (Appeals).................. 262 412 Amendment of s 31 (Who may appeal) .................... 262 413 Omission of SS 32-35... 1... eee 263 Part 15 Amendment of Consumer Credit (Queensland) Act 1994 414 Actamended ........... 06sec cc cece ete 263 415 Amendment of s 7 (Conferral of judicial functions)............ 263 Part 16 Amendment of Cooperatives Act 1997 416 Actamended ........... 06sec cc cece ete 263 417 Replacement of pt 2, div 7 (Appeals).................0000. 263 Division 7 Review of registrar's refusals 29 Refusal to approve disclosure statement.......... 264 30 Refusal to approve draft rules .................. 264 31 Review of refusal to register.................0.. 264 418 Replacement of ss 110-112................ 000 cece 265 110 Review of refusal to approve, or refusal to register, an alteration .... 2.0.0... cece cece eee 265 Part 17 Amendment of Credit Act 1987 419 Actamended ........... 06sec cc cece ete 265 420 Amendment of s 8 (Jurisdiction of courts) .................. 265 Part 18 Amendment of Credit (Rural Finance) Act 1996 421 Actamended ........... 06sec cc cece ete 266 422 Amendment of s 6 (Courts with jurisdiction under this Act) ..... 266 Part 19 Amendment of Drugs Misuse Act 1986 423 Actamended ........... 06sec cc cece ete 266 424 Amendment of s 46 (Definitions for pt 5B) .................. 266 425 Replacement of pt 5B, div 10 (Appeals)................20-. 266 Division 10 Review of decisions by QCAT 85 Application for review .................0 eee 267 426 Omission of s 115 (Review) ............00. 0. 0c eee eee eee 267 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Part 20428430 432435 437441443445448 Part 21450 Page 22 Amendment of Electricity Act 1994 Actamended ........... 06sec cc cece ete Amendment of s 135FQ (Evidentiary provisions)............. Amendment of s 152K (Forfeiture of seized thing)............ Amendment of s 181 (Notice of refusal to issue generation authority) eee eee Amendment of s 184C (Notice of refusal to transfer generation authority) weet eee Amendment of s 190 (Notice of refusal to issue transmission authority) ke eects Amendment of s 193C (Notice of refusal to transfer transmission authority)............ 0.00.0 cece eee eee ee Amendment of s 198 (Notice of refusal to issue authority)...... Amendment of s 201C (Notice of refusal to transfer distribution authority) 2.0... eee eee Amendment of s 206 (Notice of refusal to issue authority). ..... Amendment of s 211 (Notice of refusal to give special approval) Amendment of s 212C (Notice of refusal to transfer special approval) eects Replacement of ch 10, hdg (Review of and appeals against decisions) ke eect eee eee Amendment of ch 10, pt 1, hdg (Review of decisions)......... Amendment of s 214 (Who may apply for review etc.)......... Amendment of s 215 (Applying for review).................. Amendment of s 216 (Stay of operation of decision etc.)....... ( ( ( Amendment of s 217 (Review panels, arbitration and mediation) Amendment of s 218 (Decision on reconsideration) .......... Replacement of ch 10, pt 2 (Appeals) ..................00. Part 2 External reviews 219 Who may apply for external review............... 220 Application of QCAT Act notice requirement ....... Amendment of sch 1 (Appeals against administrative decisions) Amendment of sch 5 (Dictionary)................00..0000. Amendment of Electricity Regulation 2006 Regulation amended ............. 0.000.000 0c eee eee eee Amendment of s 24 (Installation and operation of electric line beyond person's property) ........... 00. e eee eee eee Amendment of s 30H (Deferral of particular reclassifications until appeal expiration day)......... 00.0... ce eee eee eee 267269 269270270271272 272272 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 453 455457459463465467 469471473Part 22477479 Contents Amendment of s 88 (Dispute resolution) ................... 274 Amendment of s 90 (Parties to maintain secrecy of advice or information) ..... 2.0.0... cece eee eee 274 Amendment of s 139 (Requirements for registration).......... 274 Amendment of s 141 (Steps after registration)............... 275 Amendment of s 145 (Refusal to change energy efficiency label) 275 Amendment of s 147 (Transfer of registration)............... 275 Amendment of s 149 (Cancellation of registration) ........... 275 Amendment of s 150 (Procedure before cancellation)......... 275 Amendment of s 151 (Notice, by holder, of cancellation of registration) kk eee 276 Replacement of ch 9, hdg (Review of and appeals against decisions) wee eee 276 Amendment of s 208 (Who may apply for review etc.)......... 276 Amendment of s 209 (Applying for review).................. 276 Amendment of s 210 (Stay of operation of decision etc.)....... 277 Amendment of s 211 (Decision on review)................-. 277 Amendment of ch 9, pt 2, hdg (Appeals) ................... 278 Replacement of ch 9, pt 2, div 1 (Appeals against decisions on what is fair and reasonable) .................0....0000. 278 Division 1 External reviews by QCAT 212 Who may apply for external review............... 278 Replacement of ch 9, pt 2, div 2, hdg (Other appeals)......... 278 Amendment of s 214 (Who may appeal) ................... 278 Amendment of s 215 (Making appeals) .................... 279 Amendment of s 216 (Starting appeals).................... 279 Amendment of s 220 (Procedure of court).................. 279 Amendment of s 221 (Appeals) ..........0......0002 000 280 Amendment of sch 6 (Appeals against administrative decisions to Magistrates Court) ..........0.. 0... eee eee eee 280 Amendment of sch 9 (Dictionary)................00...000. 280 Amendment of Exotic Diseases in Animals Act 1981 Actamended ........... 06sec cc cece ete 281 Amendment of s 33 (Mode of valuation).................... 281 Omission of ss 33A-33D ... 2... ee eee 281 Amendment of s 34 (When title doubtful, Minister may retain compensation or make payment into court)................. 282 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Part 23481 Part 24483 485 487491495497499 Part 25501 Page 24 Amendment of Exotic Diseases in Animals Regulation 1998 Regulation amended ............. 0.0.0... e eee eee eee Replacement of s 11 (Notice of application to District Court). . . . 11 Notice of application to QCAT .................. Amendment of Explosives Act 1999 Actamended ........... 06sec cc cece ete Amendment of s 17 (How chief inspector may deal with application) eect eee Amendment of s 24 (Procedure for suspension or cancellation) . Amendment of s 25 (Procedure for urgent suspension or cancellation of authority) ........... 00... e eee eee eee eee Amendment of s 27 (Replacement of authority).............. Amendment of s 28 (Amendment of authority on application) . . . Amendment of s 29 (Amendment of authority without application) ke eect eee ee Amendment of s 58 (Investigation by chief inspector or authority holder) eee eee eee Amendment of pt 7, hdg (Review of decisions and appeals) ... . Amendment of pt 7, div 1, hdg (Review of decisions) ......... Amendment of s 107 (Application for review of decision under $56, 102 or 103)... 6. ee eee Amendment of s 108 (Application for review of action under $104) eee eee eee Amendment of s 109 (Applying for review).................. Amendment of s 110 (Stay of operation of decision) .......... Replacement of pt 7, div 2, hdg (Appeals).................. Amendment of s 111 (Appeals to Magistrates Court) ......... Omission of ss 112-116.........0 0.00. Amendment of sch 2 (Dictionary)................-00-0000- Amendment of Explosives Regulation 2003 Regulation amended ............. 0.0.0.0. cece eee eee Amendment of s 14 (Advice of chief inspector's decision)...... Amendment of s 17 (How chief inspector may deal with application) kk eee eens Amendment of s 62 (How chief inspector must deal with explosives limits document) ............-..0 0: c ee eee eee ee Amendment of s 64 (Chief inspector may impose interim explosives limits) .......... 0.0.0. eee eee eee eee ee 282284 284286286288288289 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Part 26509Part 27512515 Part 28 521 Contents Amendment of s 109 (Requirements for chief inspector exercising powers) ... 6.0... ee eee 290 Amendment of s 148 (Approval by chief inspector of collectors associations) ...... 0.00... eee eee 290 Amendment of sch 7 (Dictionary)................00....00 290 Amendment of Fair Trading Act 1989 Actamended ........... 06sec cc cece ete 291 Amendment of s 5 (Definitions) .................00...000. 291 Amendment of s 110 (Preservation of secrecy).............. 291 Amendment of Fisheries Act 1994 Actamended ........... 06sec cc cece ete 291 Amendment of s 42H (Deciding claim)..................... 291 Amendment of s 60 (Notice of refusal of application for issue or renewal etc.). 2... eee 292 Amendment of s 63 (Amendment of authority)............... 292 Amendment of s 68 (Procedure for cancellation or suspension by chief executive) ........ 0... eee 292 Amendment of s 76F (Deciding application for fish movement exemption notice)... 2.2... 2 cee 292 Replacement of pt 9 (Administrative appeals) ............... 292 Part 9 Review of decisions by QCAT 186 Constitution of tribunal.................00.200. 294 Omission of pt 12, div 4, sdiv 4 (Effect of commencement on particular appeals) ........... 0... cee eee ee 294 Amendment of schedule (Dictionary)....................5. 294 Amendment of Fisheries (Coral Reef Fin Fish) Management Plan 2003 Plan amended ......... 0... c cece cee tee e ee 295 Amendment of s 29 (Requirements for preliminary notice) ..... 295 Amendment of s 31 (Chief executive to decide whether reason for reconsideration established) ......................000. 295 Amendment of s 33 (Criteria reapplied if reason for reconsideration established). ..............0.....000e eee 296 Amendment of s 36B (Application for special reconsideration of particular licences) ............ 0.00. c cece eee 296 Amendment of s 36C (Chief executive to decide whether licence is special south-east Queensland licence)............ 296 Amendment of s 36E (Criteria reapplied if licence is special south-east Queensland licence)................00...0008e 297 Amendment of s 38 (Requirements for amendment notice). ... . 297 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 529Part 29 532 Part 30536538 Part 31540542 544Part 32549551Page 26 Amendment of s 61 (Deciding application for issue of line units) . Amendment of s 66 (Application of div 4)................... Amendment of sch 8 (Dictionary)................00....00. Amendment of Fisheries (East Coast Trawl) Management Plan 1999 Plan amended ......... 0... c cece cee tee e ee Amendment of s 81A (Application of sdiv 3) ................ Amendment of s 94 (Interim issue of additional effort units for all eligible licences)... ....... 0.0... cece c eee eee eee Amendment of s 95 (Further issue of additional effort units for all eligible licences)... ....... 0.0... cece c eee eee eee Amendment of Fisheries Regulation 2008 Regulation amended ............. 0.0.0... e eee eee eee Omission of ch 15, pt 4, div 3 (Allowances) ................. Amendment of sch 9 (Other fees) ...............00...0002 Amendment of sch 11 (Dictionary).................2-00005 Amendment of Food Production (Safety) Act 2000 Actamended ........... 06sec cc cece ete Amendment of s 48 (Grant or renewal of accreditations)....... Amendment of s 49 (Refusal of applications)................ Amendment of s 55 (Notice and effect of amendment, suspension or cancellation) ............ 0.00: e eee eee Amendment of s 63 (Grant or renewal of approvals) .......... Amendment of s 64 (Refusal of applications)................ Amendment of s 70 (Notice and effect of amendment, suspension or cancellation) Replacement of pt 9 (Appeals)...............0.....000005 Part 9 Review of decisions 126 Who may apply for review ..............02.200. Amendment of sch 2 (Dictionary).................00 000 ee Amendment of Funeral Benefit Business Act 1982 Actamended ........... 06sec cc cece ete Amendment of s 5 (Definitions) .................0....000. Amendment of s 52 (Cancellation of registration by court) ..... Amendment of s 61 (Provisions as to rules)................. Amendment of s 65 (Control and management of certain accounts of registered corporations) ...............--..--. Omission of s 87 (Court may give directions)................ 297298 299300 300301302 303 303304 305 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Part 33555Part 34558561 564566 Part 35568 Part 36570573 Contents Amendment of Funeral Benefit Business Regulation 2000 Regulation amended ............. 0.0.0... e eee eee eee Omission of s 45 (Notice of appeal by corporation)........... Omission of s 47 (Notice of appeal)....................00. Amendment of Gaming Machine Act 1991 Actamended ........... 06sec cc cece ete Omission of s 8 (Meaning of information notice) ............. Replacement of ss 29-38. . 1.2.2.0... cece cece eee 29 Who may apply for a review by tribunal ........... 30 Effect of reconsidering a decision after application toOQCAT — ne eee eee eee 31 Tribunal to decide review on evidence before the chief executive or commission .................. 32 Tribunal may give leave for review to be decided on new evidence in particular circumstances ......... 33 Appeals from tribunal only to Court of Appeal on question of law... 0.2... eee eee eee Amendment of s 261D (Duration of exclusion direction) ....... Omission of s 384 (Continuation of appeals by former listed PersOMS) eee eee Omission of s 389 (Appeal decisions resulting in persons taken to be licensed dealers)............. 000. c eee eee eee Omission of s 407 (Appeals) ............0. 2.0.00 eee eee eee Omission of ss 414-421...... 0.00... eee eee Amendment of schedule (Dictionary)................-...-. Insertion of new sch 1... 0.2... ee eee ee Schedule 1 Reviewable decisions Amendment of Gaming Machine Regulation 2002 Regulation amended ............. 0.000.000 ce eee eee eee Amendment of sch 5 (FeesS).......... 0.000. e cece eee ae Amendment of Gas Supply Act 2003 Actamended ........... 06sec cc cece ete Amendment of s 233 (Directions for prices notification)........ Amendment of s 270ZM (Information notice about and taking effect of decision). ... 2.2.0.0... fees Amendment of ch 6, pt 1, hdg (Reviews and appeals)......... Replacement of ch 6, pt 1, div 1, hdg (Reviews) ............. Amendment of s 271 (Who may apply for review) ............ 305306306 310 311311317 318 318319 Page 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 575 Amendment of s 272 (Requirements for making review application) eee eee 319 576 Amendment of s 273 (Stay of operation of original decision).... 319 577 Replacement of s 274 (Review decision)................... 320 274 Internal review decision ...............-00e00ee 320 578 Amendment of s 275 (Review procedure) .................. 320 579 Amendment of s 276 (Reviewer may seek advice or information) 321 580 Amendment of s 277 (Offence about disclosure of advice or information) wk eee 321 581 Amendment of s 278 (Notice of review decision)............. 321 582 Replacement of ch 6, pt 1, div 2 (Appeals) ................. 322 Division 2 External reviews by QCAT'. 279 External review of internal review decision......... 322 583 Amendment of sch 1, hdg (Decisions subject to review) ....... 323 584 Amendment of sch 2 (Dictionary)................00...000. 323 Part 37 Amendment of Interactive Gambling (Player Protection) Act585 Actamended ........... 06sec cc cece ete 324 586 Amendment of s 105 (Directions to terminate affecting agents) . 324 587 Amendment of s 137D (Duration of exclusion direction) ....... 324 588 Amendment of s 213 (Forfeiture) ................00...000. 324 589 Replacement of pt 10 (Appeals)...............2.....0000. 324 Part 10 Reviews by tribunal 249 When licensed providers may apply for review ..... 325 250 When applicants for key person licences may apply for review .. 6... eee eee 325 251 When key person licensees may apply for review... 325 252 When agents may apply for review............... 325 253 When other persons may apply for review......... 325 254 Tribunal to decide review on evidence before the chief executive ...... 0.0.0... eee eee 326 255 Tribunal may give leave for review to be decided on new evidence in particular circumstances ......... 326 256 Appeals from tribunal only to Court of Appeal on a question of law........... 0... cee eee 327 590 Omission of s 265 (Dealing with show cause notice).......... 328 591 Omission of s 267 (Appeals to Queensland Gaming Commission — we eee eee ee 328 Page 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Part 38 595 597 Part 39599602 Part 40605 607 Contents Amendment of sch 2 (Decisions of chief executive subject to appeal) eee eee 328 Amendment of sch 3 (Dictionary)................00....00. 328 Amendment of Interactive Gambling (Player Protection) Regulation 1998 Regulation amended ..........-.6 0c eee eee eee eee 329 Replacement of s 17 (Appeals) ...............0....000005 329 17 Review of decision of chief executive............. 329 Omission of s 20 (Registrar—Act, sch 3)................00. 329 Amendment of sch 3 (FeeS)... 1.0.2... 0000 cece eee eee ee 329 Amendment of Introduction Agents Act 2001 Actamended ........... 06sec cc cece ete 330 Amendment of s 24 (Decision on application) ............... 330 Amendment of s 27 (Procedure for suspending, cancelling, refusing to renew or imposing conditions on a licence) ........ 330 Amendment of s 30 (Replacement licence)................. 330 Replacement of pt 7 (Appeals).....................000005 331 Part 7 External review 82 Definition for pt7 ............. 0.2 eee eee eee 331 83 Application for review by QCAT ................. 331 Amendment of sch 2 (Dictionary)................00...000. 331 Amendment of Keno Act 1996 Actamended ........... 06sec cc cece ete 332 Amendment of s 101 (Directions to terminate affecting appointed agents). ........... 000. cece eee eee 332 Amendment of s 154E (Duration of exclusion direction) ....... 332 Amendment of s 190 (Forfeiture of seized things) ............ 332 Replacement of pt 11 (Appeals).....................0000. 332 Part 11 Reviews by tribunal 228 When keno licensees may apply for review........ 333 229 When applicants for keno employee licences may apply for review.........0.... 000 e eee eee 333 230 When licensed keno employees may apply for review 333 231 When keno agents may apply for review .......... 333 232 When keno subagents may apply for review ....... 333 233 When other persons may apply for review......... 334 234 Tribunal to decide review on evidence before the chief executive ...... 0.0.0... eee eee 334 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 235 Tribunal may give leave for review to be decided on new evidence in particular circumstances ......... 335 236 Appeals from tribunal only to Court of Appeal on a question of law........... 0... cee eee 335 609 Omission of s 246 (Dealing with show cause notice).......... 336 610 Omission of s 248 (Appeals to Gaming Commission) ......... 336 611 Amendment of sch 4 (Dictionary)................00....00. 336 Part 41 Amendment of Keno Regulation 1997 612 Regulation amended ..........-.6 0c eee eee eee eee 337 613 Amendment of sch 3 (FeeS)... 1.0.2... 0000 cece eee eee ee 337 Part 42 Amendment of Liquid Fuel Supply Act 1984 614 Actamended ........... 06sec cc cece ete 337 615 Amendment of s 5 (Interpretation) ...............0.....00. 337 616 Replacement of s 35 (Rights of appeal)................0.0. 337 35 Right of review ..............0. 0... e ee eee eee 338 35AA Minister need not give information notice.......... 338 617 Amendment of s 45 (Trade secrets)..............00...000. 339 618 Amendment of s 56 (Injunctions against Minister excluded) .... 339 Part 43 Amendment of Liquor Act 1992 619 Actamended ........... 06sec cc cece ete 340 620 Amendment of s 3 (Act's objects)...............000. 008s 340 621 Amendment of s 4 (Definitions) .................00...000. 340 622 Replacement of pt 2, div 2 (Appeals to tribunal) ............. 340 Division 2 Review of decisions by tribunal 29A Definitions... .......0.. 0... eee 340 30 Who may apply for review of decisions ........... 341 31 Failure to notify about decision.................. 341 32 Notification of review to interested persons ........ 342 33 Tribunal to decide review on evidence before the chief executive ...... 0.0.0... eee eee 342 34 Tribunal may give leave for review to be decided on new evidence in particular circumstances ......... 343 35 Appeals from tribunal only to Court of Appeal on a question of law........... 0... cee eee 344 623 Amendment of s 48 (Preservation of confidentiality) .......... 344 624 Amendment of s 134C (Decision about relevant action relating to adult entertainment permit) ..................0....000. 344 Page 30 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 627631 Part 44633 641 643 Part 45646 Contents Amendment of s 137B (Notice to be given about chief executive's decision). .......... 000. c eee eee eee eee 345 Amendment of s 137C (Urgent suspension) ................ 345 Amendment of s 142P (Review decision)................... 345 Replacement of s 142T (Refusal to grant application)......... 345 142T Refusal to grant application .................... 345 Replacement of s 142X (Refusal to renew approval).......... 346 142X Refusal to renew approval ..................05. 346 Amendment of s 142ZE (Suspension or cancellation)......... 346 Amendment of s 208 (Payment of fees).................00. 346 Amendment of Liquor Regulation 2002 Regulation amended ..........-.6 0c eee eee eee eee 347 Amendment of s 8 (Obligation to conduct business at detached bottle shop if no appeal)............... 0.00. cece eee 347 Amendment of s 9 (Obligation to conduct business at detached bottle shop after an appeal) ................00 0.00000 eee 347 Amendment of s 13 (Decision by chief executive for application unders 12)..... 0.0... cece 348 Amendment of s 15 (Decision by chief executive for application unders 14)..... 0.0... eee ee 348 Amendment of s 18 (Decision by chief executive for application underS17)..... 0.0... ccc 348 Amendment of s 22 (Decision by chief executive for application under s 21 other than application for an occasion approval) .... 349 Amendment of s 24 (Decision by chief executive for application under s 21 for an occasion approval)...............00.000. 349 Amendment of s 36K (Notice of reassessment of licence fee)... 349 Amendment of pt 8, div 6, hdg (Appeal to tribunal about failure to pay licence fee) ... 6... ke eee 350 Amendment of s 36M (Purpose of div6)................... 350 Replacement of s 36N (Appeal about failure to pay licence fee or underpaid amount). .........0... 0.00 e cece 350 36N Application to tribunal about failure to pay licence fee or underpaid amount ................2...0. 350 Amendment of s 360 (Powers of tribunal on appeal).......... 351 Amendment of Lotteries Act 1997 Actamended ........... 06sec cc cece ete 353 Amendment of s 79 (Conditions for entering into agency agreement) eee ee 353 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 647 Amendment of s 88 (Directions to terminate affecting lottery agents) eee eee 353 648 Amendment of s 132AA (Former lottery operators)........... 353 649 Amendment of s 176 (Forfeiture) ................00...000. 354 650 Replacement of pt 10 (Appeals).....................0000. 354 Part 10 Review of decisions by tribunal 214 When lottery operators may apply for review....... 354 215 When applicants for key person licences may apply for review .. 6... eee eee 354 216 When licensees under key person licences may apply for review.........0.... 000 e eee eee 354 217 When lottery agents may apply for review......... 355 218 When other persons may apply for review......... 355 219 Tribunal to decide review on evidence before the chief executive ...... 0.0.0... eee eee 355 220 Tribunal may give leave for review to be decided on new evidence in particular circumstances ......... 356 221 Appeals from tribunal only to Court of Appeal on a question of law........... 0... cee eee 356 651 Omission of s 249 (Dealing with show cause notice).......... 357 652 Omission of s 251 (Appeals to Gaming Commission) ......... 357 653 Amendment of sch 3 (Dictionary)................00....00. 357 Part 46 Amendment of Lotteries Regulation 1997 654 Regulation amended ..........-.6 0c eee eee eee eee 358 655 Amendment of sch 3 (FeeS)... 1.0.2... 0000 cece eee eee ee 358 Part 47 Amendment of Manufactured Homes (Residential Parks) Act 2003 656 Actamended ........... 06sec cc cece ete 358 657 Amendment of s 6 (Definitions) .................0....000. 358 658 Amendment of s 50 (Application to tribunal for order that park owner consent to assignment) ................0 00 eee eee 358 659 Amendment of s 134 (Appointments and authority)........... 359 660 Amendment of s 135 (Evidentiary aids).................... 359 661 Amendment of s 143 (Protection from liability)............... 359 662 Amendment of sch 2 (Dictionary)................00...000. 359 Part 48 Amendment of Petroleum and Gas (Production and Safety) Act 2004 663 Actamended ........... 06sec cc cece ete 360 664 Amendment of s 774 (Dealing with forfeited things)........... 360 Page 32 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 666668670672674Part 49677680 Part 50682 Part 51684687 689 691 Contents Amendment of s 817 (Who may apply for review) ............ 360 Amendment of s 818 (Requirements for making application).... 361 Amendment of s 819 (Stay of operation of original decision).... 361 Amendment of s 820 (Review decision).................... 361 Amendment of s 821 (Review procedure) .................. 362 Amendment of s 822 (Notice of review decision)............. 362 Amendment of ch 12, pt 2, hdg (Appeals) .................. 363 Amendment of s 823 (Who may appeal) ................... 363 Amendment of s 824 (Period to appeal).................... 364 Amendment of sch 1 (Reviews and appeals)................ 364 Amendment of sch 2 (Dictionary)................00...000. 364 Amendment of Plant Protection Act 1989 Actamended ........... 06sec cc cece ete 365 Amendment of s 21N (Decision on reconsideration) .......... 365 Insertion of new pt 6, div2A........... 20.0.0. 0 cee eee eee 365 Division 2A Application for review by QCAT 21NA Review of particular decisions by QCAT........... 365 Amendment of s 210 (Right to appeal to the Magistrates Court) 366 Amendment of sch 2 (Dictionary)................00...000. 366 Amendment of Plant Protection Regulation 2002 Regulation amended ..........-.6 0c eee eee eee eee 367 Amendment of s 62 (Notice of decision and appeal) .......... 367 Amendment of Property Agents and Motor Dealers Act 2000 Actamended ........... 06sec cc cece ete 367 Amendment of s 70 (Amendment of licence conditions) ....... 367 Amendment of s 101 (Amendment of registration certificate conditions) we ee eee 367 Amendment of s 248 (Warrantor's failure to repair) ........... 368 Amendment of s 249 (Applications for more than prescribed AMOUNT) eee eee 368 Amendment of s 324 (Warrantor's failure to repair) ........... 369 Amendment of s 325 (Applications for more than prescribed AMOUNT) ke eee 369 Amendment of s 472 (General time limit for making claims) .... | 370 Amendment of s 472A (Time limit for making particular claims relating to marketeering contraventions and non-investment residential property) ........... 0.000. c ccc eee 370 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 692 Amendment of s 476 (Dealing with claims that have not settled). 370 693 Amendment of s 481 (Deciding minor claims) ............... 370 694 Replacement of s 482 (Notifying decision).................. 371 482 Notifying decision................0 00. e cece 371 695 Amendment of s 483 (Party may ask tribunal to review chief executive's decision). .......... 000. c eee eee eee eee 372 696 Amendment of s 484 (Chief executive's decision binds the Parties) eee eee 372 697 Omission of s 485 (Registrar to fix hearing date and issue attendance notices) .............. 0.02 e eee 372 698 Amendment of s 496 (Grounds for starting disciplinary proceedings) —«— ws eee eee 372 699 Amendment of s 500B (How to start a proceeding)........... 373 700 Insertion of new ch 14, pt 5, div2................0-000008. 373 Division 2 Proceedings involving a claim against the fund 512 Chief executive may make submissions........... 373 513 Application of QCAT Act,$ 131 ..........2...... 373 701 Amendment of ch 14, pt 5, div 6, hdg (Applications for summary Order) eee ee eee 373 702 Replacement of s 527 (Application for summary order)........ 374 527 Application for reimbursement order ............. 374 703 Amendment of s 528 (Respondent to be advised of application for summary order)... 0.0.0... ee eee 375 704 Insertion of new ss 528B and 528BA.................000-5 375 528B Procedure before public examination starts........ 375 528BA Person must answer particular questions.......... 376 705 Amendment of s 529 (Orders tribunal may make on disciplinary charge hearing) .......... 0... eee 377 706 Insertion of news 529A... 1... eee 378 529A Stopping contraventions..................00005 378 707 Amendment of s 532 (Summary orders) ................00. 379 708 Insertion of new s 533 and ch 14, pt 5, div11............... 379 533 When tribunal order takes effect................. 379 Division 11 Chief executive's right of appeal 534 Appeal ... 2.6... eee eee 380 709 Amendment of s 587 (Evidentiary provisions) ............... 380 710 Amendment of sch 2 (Dictionary)................00...000. 380 Page 34 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Part 52 712 Part 53 Part 54 716 Part 55 Part 56 720 Part 57 722 Part 58724 Contents Amendment of Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Regulation amended ............. 0.0.0... e eee eee eee Amendment of schedule (Auctioneering Practice Code of Conduct) eee eee Amendment of Property Agents and Motor Dealers (Commercial Agency Practice Code of Conduct) Regulation Regulation amended ............. 0.0.0.0. cece eee eee Amendment of schedule (Commercial Agency Practice Code of Conduct)... 2.0... eee Amendment of Property Agents and Motor Dealers (Motor Dealing Practice Code of Conduct) Regulation 2001 Regulation amended ............. 0.000.000 cece eee eee Amendment of schedule (Motor Dealing Practice Code of Conduct) eee eee Amendment of Property Agents and Motor Dealers (Property Developer Practice Code of Conduct) Regulation Regulation amended ............. 0.000.000 cece eee eee Amendment of schedule (Property Developer Practice Code of Conduct)... 0... eee eee Amendment of Property Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2001 Regulation amended ............. 0.000.000. cece eee eee Amendment of schedule (Real Estate Agency Practice Code of Conduct)... 0... eee eee Amendment of Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 Regulation amended ............. 0.000.000. cece eee eee Amendment of schedule (Restricted Letting Agency Practice Code of Conduct)... 0.0... 0... cee Amendment of Racing Act 2002 Actamended ........... 06sec cece eee Replacement of ch 5 (Racing Appeals Tribunal) ............. Chapter 5 Review of decisions by tribunal 150 Decisions that may be reviewed by the tribunal... . . 151 Decisions that may not be reviewed by the tribunal . . 152 What happens if appeal committee refuses to hear or fails to decide an appeal..................04. 385 386 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 153 Tribunal to hear appeal within 28 days............ 387 154 Constitution of tribunal.................00.200. 387 725 Replacement of ch 6, pt 3, div 6 (Appeals relating to eligibility certificates)... 0... eee 388 Division 6 Review of decisions relating to eligibility certificates 242 Review by QCAT of decisions relating to eligibility certificates owe 388 726 Amendment of s 351 (Matters must be considered appropriate on grounds that are reasonable in the circumstances)......... 389 727 Amendment of s 355 (Regulation-making power) ............ 389 728 Amendment of sch 3 (Dictionary)................00....00. 389 Part 59 Amendment of Racing Regulation 2003 729 Regulation amended ..........-.6 0c eee eee eee eee 390 730 Omission of pt 4 (Matters about the Racing Appeals Tribunal) .. 390 731 Amendment of sch 3 (FeeS)... 1.0.2... 0000 cece eee eee ee 390 Part 60 Amendment of Residential Services (Accreditation) Act 732 Actamended ........... 06sec cc cece ete 391 733 Amendment of s 84 (Appointment)...............02....00 391 734 Amendment of s 85 (Application to tribunal and basis for appointment) we eee ee 391 735 Amendment of s 86 (Suitability and eligibility of proposed appointee) eee eee 391 736 Amendment of s 87 (Terms of appointment) ................ 392 737 Amendment of s 88 (Notice to service provider about appointment) wee eee eee 392 738 Amendment of s 90 (Period of appointment) ................ 392 739 Amendment of s 101 (Service provider who can not be located). 393 740 Amendment of s 129 (Forfeiture of seized things) ............ 393 741 Amendment of pt 10, hdg (Reviews and appeals) ............ 393 742 Amendment of s 154 (Reviewable decisions). ............... 393 743 Amendment of s 155 (Chief executive must give notice after making reviewable decision)....................000e esse 394 744 Replacement of pt 10, div 2, hdg (Review of decision) ........ 394 745 Amendment of s 156 (Application for review)................ 394 746 Amendment of s 157 (Stay of operation of original decision).... 394 747 Amendment of s 158 (Review decision).................... 395 748 Replacement of pt 10, div 3 (Appeal against decision) ........ 395 Page 36 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 750Part 61753757759Part 62 762 Contents Division 3 External review of decisions 159 External review of review decision............... 396 Amendment of s 177 (Matters arising under other Acts) ....... 396 Amendment of sch 1, hdg (Reviewable decisions)............ 396 Amendment of sch 2 (Dictionary)................00...000. 396 Amendment of Retirement Villages Act 1999 Actamended ........... 06sec cc cece ete 397 Amendment of s 28 (Registration of retirement village scheme). 397 Amendment of s 28A (Deregistration of retirement village scheme) eee eee eee 397 Replacement of ss 29-33. . 1.2.0... eee ee 397 29 Application to QCAT for review.................. 398 Omission of pt 10, div 1 (Preliminary) ..................... 398 Omission of ss 197 and 199............0 0.00. cee eee eee 398 Amendment of s 221 (Evidentiary provisions) ............... 398 Omission of s 226 (Annual report on operation of Act) ........ 398 Amendment of schedule (Dictionary)....................5. 399 Amendment of Second-hand Dealers and Pawnbrokers ActActamended ........... 06sec cc cece ete 399 Amendment of s 12 (Decision on application for a licence) ..... 399 Amendment of s 15 (Decision on application for renewal or restoration of alicence) ............ 5.0.00 cece e eee 400 Amendment of s 16 (Licence continues pending decision about renewal) wee eee 400 Amendment of s 17 (Licence continues pending decision about restoration)... 0... eee 400 Amendment of s 20 (Procedure for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence) eee eee 400 Amendment of s 25 (Change of authorised place)............ 400 Amendment of s 31 (Replacement of lost, stolen, destroyed or damaged licence)......... 0... 0c cece eee 401 Amendment of pt 6, hdg (General offences, legal proceedings and appeals)........ 0.00... 401 Replacement of pt 6, div 3 (Appeals)..................000. 401 Division 3 Review of decisions 107 Application for review of decisions by QCAT ....... 401 Amendment of sch 3 (Dictionary)................00....00. 402 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Part 63773775778 780Part 64783 785Part 65788 Part 66790 Part 67792 Part 68794 Part 69 Page 38 Amendment of Security Providers Act 1993 Actamended ........... 06sec cc cece ete Amendment of s 14 (Decision on application) ............... Amendment of s 17 (Amendment of licence on application) ... . Amendment of s 18 (Amendment of licence by chief executive) . ( ( ( Amendment of s 22 (Procedure for suspension, cancellation or refusal to renew)... 0.2... eee eee Amendment of s 25 (Replacement licences) ................ Amendment of pt 2, div 6, hdg (Appeals against licence decisions) ke eect eee eee Amendment of s 26 (Right to appeal to the Court)............ Omission of SS 27-31... 0... eee eee Amendment of sch 2 (Dictionary).................00 000 ee Amendment of Stock Act 1915 Actamended ........... 06sec cc cece ete Insertion of new ss 35B and 35C......... 2... eee eee ee 35B External review by QCAT.............0.....00. 35C Application of QCAT Act notice requirement ....... Amendment of s 36 (Appeals to Magistrates Courts).......... Amendment of s 36A (Who may appeal to the District Court) .. . Amendment of sch 2 (Dictionary).................00 000 ee Amendment of Stock (Cattle Tick) Notice 2005 Notice amended... .... 0... 0... eects Amendment of sch 2 (Dictionary).................00 000 ee Amendment of Stock Identification Regulation 2005 Regulation amended ............. 0.0.0... e eee eee eee Amendment of schedule (Dictionary)................-..0-- Amendment of Stock Regulation 1988 Regulation amended ............. 0.0.0... e eee eee eee Amendment of sch 8 (Dictionary)................00...0000. Amendment of Timber Utilisation and Marketing Act 1987 Actamended ........... 06sec cece cette eee Amendment of s 37 (Appeal) .......... 0.00.00. cee eee eae Amendment of Timber Utilisation and Marketing Regulation Regulation amended ............. 0.0.0... e eee eee eee 402403 404 404405 405405406407 407 408 408 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Part 70798 800802 804806808 Part 71810812818Part 72821 Part 73 Contents Amendment of s 9 (Prescribed time and manner for appeals—Act,S37) we eee eee 409 Amendment of Tourism Services Act 2003 Actamended ........... 06sec cc cece ete 410 Amendment of s 17 (Registration may be granted or renewed onconditions)........... 0... eee eee 410 Amendment of s 18 (Changing conditions of registration) ...... 410 Amendment of s 21 (Decision on application) ............... 410 Amendment of s 23 (Decision on application) ............... 411 Amendment of s 24 (Registration continues pending decision about renewal) ..... 2.0... cee eee ee 411 Amendment of s 27 (Replacement of registration certificate)... 411 Amendment of s 29 (Immediate suspension)................ 411 Amendment of s 56 (Forfeiture of seized thing).............. 411 Amendment of s 85 (Review by tribunal) ................... 412 Amendment of pt 14, hdg (Transitional provision) ............ 412 Amendment of sch 2 (Dictionary).................00 000 ee 412 Amendment of Trade Measurement Act 1990 Actamended ........... 06sec cc cece ete 413 Amendment of s 3 (Definitions) .................00...000. 413 Amendment of s 45 (Grounds for refusal) .................. 413 Amendment of s 48 (Conditions may be imposed on licences).. 413 Amendment of s 52B (If weighbridge no longer suitable for use as public weighbridge) ............... 0000. e cece eee 413 Amendment of s 54B (Application to change licence holders due to change of partnership) .................-.00-00 eee 414 Amendment of s 54C (Effect on licence of application under s be ) 414 Amendment of s 55 (Order preventing employment of certain PersOMS) eee eee eee 414 Amendment of s 58 (Taking of disciplinary action)............ 415 Replacement of pt 6, div 4, hdg (Appeals).................. 415 Amendment of s 59 (Rights of appeal)..................... 415 Amendment of Trade Measurement Administration Act 1990 Actamended ........... 06sec cc cece ete 416 Omission of pt 5 (Appeals)..............00 00. c cee ee eae 416 Amendment of Travel Agents Act 1988 Actamended ........... 06sec cc cece ete 416 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 823 Amendment of s 6 (Definitions) .................0....000. 416 824 Amendment of s 18 (Determination of application) ........... 416 825 Amendment of s 25 (Determination of disciplinary measures by the commissioner)............ 0.00: e eee eee eee eee 417 826 Replacement of pt 3, div 3 (Appeals)..................000. 417 Division 3 Review by QCAT of particular decisions 26 Review of commissioner's decisions ............. 417 26A QCAT's power on review of particular decisions by the commissioner... .........-.0 000 cee eee eee 418 27 Review of compensation scheme trustees' decisions about participation in the compensation Scheme eee cette teens 419 27A QCAT's power on review of particular compensation scheme trustees' decisions .............-...+.. 420 28 Conducting and deciding reviews concurrently ..... 420 827 Amendment of s 37 (Obligation of licensee to be a member of the compensation scheme) ..................00 eee eee 420 828 Amendment of s 41 (Claims) ............0....00 00 eee eee 421 Part 74 Amendment of Veterinary Surgeons Act 1936 commencing on assent 829 Actamended ........... 06sec cc cece ete 421 830 Amendment of s 15G (Registrar of tribunal)................. 422 831 Amendment of schedule (Dictionary)...................05. 422 Part 75 Amendment of Veterinary Surgeons Act 1936 commencing by proclamation 832 Actamended ........... 06sec cc cece ete 422 833 Amendment of s 15 (Funds of board)...................00. 422 834 Replacement of pt 2A (The tribunal) ..................0... 422 Part 2A Tribunal proceedings 15A Jurisdiction... 2.6... ee eee 423 15B Constitution of tribunal. ..................0000. 423 15C Matters tribunal must consider in making particular decisionS wk eee ee 423 15D Costs 20... eee 424 835 Amendment of s 18 (Registration of veterinary surgeons)...... 425 836 Amendment of s 18A (Performance of certain acts by approved PErSONS) 0... eee 425 837 Amendment of s 19E (Special registration) ................. 425 838 Amendment of s 22 (Investigation by board) ................ 425 Page 40 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 840 843846850852854 Part 76856858 Contents Amendment of s 22A (Board may punish) .................. 426 Amendment of s 22B (Board to give notice of its intention to proceed pursuant to S 22A) .... 2.2... eee 426 Amendment of s 22E (Orders of tribunal on charge of misconduct in a professional respect) .............-....00- 427 Amendment of s 22F (Misconduct in a professional respect).... 427 Omission of s 22G (Initiation of proceedings) ............... 427 Replacement of s 22H (Appeals)...............-0020e eee 427 22H Review of particular decisions .................. 428 Amendment of s 24 (Restoration of name) ................. 428 Amendment of s 25 (Definitions for pt 4A) .................. 428 Amendment of s 250 (Directing veterinary surgeon to practise veterinary SCience).. 1.2... ee eee 429 Omission of s 28 (Person not to be a member of both the board and the tribunal)... 2.0.00... 0. eee eee eee 429 Amendment of s 29B (Allowances and expenses)............ 429 Amendment of s 32 (Evidence) ..........2.....000 02. a ee 429 Amendment of s 33A (Reports) ................. 000s aee 430 Amendment of s 33D (Power of entry etc.) ..............0.. 430 Amendment of s 37 (Regulation-making power) ............. 430 Amendment of schedule (Dictionary)....................5. 430 Amendment of Wagering Act 1998 Actamended ........... 06sec cc cece ete 431 Amendment of s 216E (Duration of exclusion direction) ....... 431 Amendment of s 255 (Forfeiture) ................000..000. 431 Replacement of pt 14, hdg (Appeals and reviews)............ 431 Replacement of pt 14, div 1 (Appeals).................000. 431 Division 1 Applications for review of decisions by tribunal 291 When authority operators may apply for review..... 432 292 When licence operators may apply for review ...... 432 293 When applicants for key person licences may apply for review .. 6... eee eee 432 294 When key person licensees may apply for review... 432 295 When wagering agents may apply for review....... 433 296 When owner of things seized may apply forreview.. 433 297 When other persons may apply for review......... 433 298 Tribunal to decide review on evidence before the chief executive ...... 0.0.0... eee eee 434 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 861863 Part 77865Part 78868 870 Part 79Chapter 6 Part 1 874Part 2879881 Page 42 299 Tribunal may give leave for review to be decided on new evidence in particular circumstances ......... 300 Appeals from tribunal only to Court of Appeal on a question of law... 0.2... eee eee eee Amendment of pt 14, div 2, hdg (Reviews).................. Omission of s 331 (Dealing with show cause notice).......... Omission of s 333 (Appeals to Gaming Commission) ......... Amendment of sch 2 (Dictionary).................00 000 ee Amendment of Wagering Regulation 1999 Regulation amended ............. 0.0.0... e eee eee eee Omission of s 15 (Registrar—Act, sch 2)................04. Amendment of sch 3 (FeeS)... 1.0.2... 0000 cece eee eee ee Amendment of Wine Industry Act 1994 Actamended ........... 00.0000. e ee cee Amendment of s 28 (Procedure for variation, suspension or cancellation)... 2.0.00... eee eee Replacement of pt 2, div 11, hdg (Appeals)................. Amendment of s 33 (Appeals against decisions of chief executive) eects Amendment of Wine Industry Regulation 1995 Regulation amended ............. 0.0.0... e eee eee eee Amendment of s 11 (Requirements of submission by petition) . . Department of Environment and Resource Management Amendment of Land Protection (Pest and Stock Route Management) Act 2002 Actamended ........... 06sec cc cece ete Amendment of s 161 (Overgrazing on stock route network) .... Replacement of ch 9 (Appeals) ..............00....00 000s Chapter 9 Review of decisions by QCAT 296 Who may apply for review by QCAT.............. Amendment of sch 1 (Appealable decisions and aggrieved PErsONS) eects Amendment of sch 3 (Dictionary)................00....00. Amendment of Marine Parks Act 2004 Actamended ........... 06sec cc cece ete Amendment of s 93 (Compliance notice)................... Amendment of s 101 (Removal notice) .................00. Amendment of s 104 (Removal notice) .................00. 436436437438 438 439441 441442 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 883 885Part 3889892894 Part 4897 Part 5 899902 Contents Replacement of pt 8, hdg (Appeals and review).............. 442 Amendment of s 117 (Appeal against particular decisions must be by way of internal review or ADR process) ............... 442 Amendment of s 119 (Review decision).................... 443 Amendment of s 120 (Stay of operation of original decision).... 443 Replacement of pt 8, div 3 (Appeals to Magistrates Court) .... . 444 Division 3 External reviews by QCAT 121 Who may apply for external review............... 444 Amendment of schedule (Dictionary)................-..0-- 444 Amendment of Marine Parks Regulation 2006 Regulation amended ..........-.6 0c eee eee eee eee 445 Replacement of pt 8, hdg (Review and appeal provisions) .... . 445 Replacement of s 147 (Appeal process starts with internal TEVIOW) eee eee 445 147 Internal review process before external review ..... 445 Amendment of s 148 (Applying for an internal review)......... 445 Amendment of s 149 (Review decision).................... 446 Amendment of s 150 (Stay of operation of appealable decision). 447 Replacement of pt 8, div 3 (Appeals).................0000. 448 Division 3 External reviews by QCAT 151 Who may apply for external review............... 448 152 Extending time for application .................. 448 Amendment of sch 6 (Dictionary)................00...000. 448 Amendment of Nature Conservation Act 1992 Actamended ........... 06sec cc cece ete 450 Insertion of new pt 10, div4............... 0.0.00 e ee eee 450 Division 4 Stay of decisions by QCAT 1730A Limitation on stays granted by QCAT for particular decisionS we eee 450 Amendment of Nature Conservation (Administration) Regulation 2006 Regulation amended ..........-.6 0c eee eee eee eee 450 Replacement of pt 4, hdg (Review and appeal provisions) .... . 451 Replacement of s 99 (Appeal process starts with internal review) 451 99 Internal review process before external review ..... 451 Amendment of s 100 (Applying for an internal review)......... 451 Amendment of s 101 (Review decision).................... 451 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 904 Part 6907 Part 7910 912914 Part 8917919921923 Page 44 Amendment of s 102 (Stay of operation of appellable decision) . Replacement of pt 4, div 3 (Appeals)..................000. Division 3 External reviews by QCAT 103 Who may apply for external review............... Amendment of sch 7 (Dictionary).................00 2000s Amendment of Queensland Heritage Act 1992 Actamended ........... 06sec cc cece ete Replacement of s 97 (Notice about decision)................ 97 Notice about decision.................02-0000- Replacement of pt 9, div 2, sdiv 3 (Appeals) ................ Subdivision 3 — External reviews by QCAT 98 External review of compensation decisions........ Amendment of Recreation Areas Management Act 2006 Actamended ........... 06sec cece cette eee Replacement of s 206 (Appeal process starts with internal TEVICW) eects 206 Internal review process before external review ..... Amendment of s 207 (Applying for an internal review)......... Amendment of s 208 (Review decision).................... Amendment of s 209 (Stay of operation of appellable decision) . Replacement of pt 9, div 4 (Appeals)..................000. Division 4 External reviews by QCAT 210 Who may apply for external review............... Amendment of schedule (Dictionary)................-..0-- Amendment of Surveyors Act 2003 Actamended ........... 06sec cece cette eee Amendment of s 9 (Functions of board).................... Amendment of s 53 (Failure to decide application) ........... Amendment of s 58 (Failure to decide application) ........... Amendment of s 89 (Board's decision on investigation). ....... Omission of s 93 (Disciplinary action by disciplinary committee) . Amendment of pt 6, hdg (Surveyors disciplinary committee)... . Replacement of pt 6, divs 1-4. ..............00....00 002 94 Jurisdiction of QCAT............ 000... cee eee Omission of pt 6, divs 5-7, hdgs ............ 0.0 eee eee eee 453 454 455456 457457459 459 460461461462462 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 925 Amendment of s 118 (Decision about whether ground for disciplinary action is established).....................005. 462 926 Amendment of s 119 (Decision about disciplinary action against registrant, other than former registrant).............. 463 927 Amendment of s 120 (Decision about disciplinary action against former registrant). .............00 0.00. eee eee eee 463 928 Amendment of s 121 (Matters disciplinary committee must consider in making decision about disciplinary action)......... 463 929 Amendment of s 122 (Disciplinary committee's power to order COSTS) eee eee 464 930 Omission of s 123 (Notification of disciplinary committee's decision) kee ee eee 464 931 Amendment of s 124 (Board may notify other persons)........ 464 932 Omission of ss 125 and 126............0.. 0... c eee eee 465 933 Amendment of s 127 (Disciplinary action to be recorded in register) eee eee 465 934 Amendment of s 140 (Entry with consent).................. 465 935 Replacement of pts 8and9................ 002. e eee eee 466 Part 8 Review of decisions by QCAT 163 Who may apply for review ..............02.200. 466 936 Omission of sch 1 (Decisions for which information notices must be given) ..........0. 0... c cece eee eee 466 937 Amendment of sch 3 (Dictionary)................00....00. 466 Part 9 Amendment of Valuers Registration Act 1992 938 Actamended ........... 06sec cc cece ete 467 939 Amendment of s 3 (Definitions) .................00...000. 467 940 Amendment of s 12 (Removal from office).................. 467 941 Amendment of s 33 (Notice of board's decision) ............. 468 942 Amendment of s 39 (Cancellation of registration) ............ 468 943 Amendment of s 40 (Restoration of registration after removal under S 37)... 0... eee 468 944 Amendment of s 42D (Refusal of application) ............... 468 945 Amendment of s 42GA (Removal from list of specialist retail ValUerS) eee eee 469 946 Amendment of s 42H, hdg (Disciplinary charges against specialist retail valuers) .... 0.0.0.0... 000 e cece eee eee 469 947 Replacement of ss 50-58... 1.2.2.2... 0.0.0 cee eee eee eee 469 50 Disciplinary proceedings ...............--..05- 469 51 Board may take disciplinary action............... 470 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 52 Notice of intention to take disciplinary action 470 948 Amendment of s 59 (Committee may order cancellation of registration, etc.).. 2... eee 471 949 Amendment of s 61 (Appeals) ...........0...... 000. aee 472 950 Amendment of s 64 (Proceedings on behalf of board)......... 473 951 Insertion of new pt 6, div4............ 0.0... e eee eee 473 Division 4 Transitional provision for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 78 Effect of charge laid under previous section 50..... 473 Part 10 Amendment of Vegetation Management Act 1999 952 Actamended ........... 06sec cc cece ete 474 953 Amendment of s 55 (Compliance notice)................... 474 954 Amendment of pt 4, hdg (Appeals and legal proceedings) ..... 474 955 Replacement of pt 4, div 1 (Appeals).................0000. 474 Division 1 Review of decisions by QCAT 62 Who may apply for review ..............00.200. 474 956 Amendment of schedule (Dictionary)....................5. 475 Part 11 Amendment of Water Act 2000 957 Actamended ........... 06sec cc cece ete 475 958 Omission of s 778 (When regulator may give a show cause Notice) ee eee 475 959 Amendment of s 781 (General requirements for compliance Notices) eee ee 475 960 Amendment of s 861 (Appeal process starts with internal TEVIOW) eee eee ee 476 961 Amendment of s 864 (Review decision).................... 476 962 Amendment of s 865 (Stay of operation of original decision).... 477 963 Amendment of ch 6, pt 3, hdg (Appeals) ................... 478 964 Amendment of s 877 (Who may appeal) ................... 478 965 Amendment of s 878 (Starting an appeal) .................. 479 966 Amendment of s 879 (Staying operation of review decision).... 479 967 Amendment of sch 4 (Dictionary)................00....00. 479 Part 12 Amendment of Water Supply (Safety and Reliability) Act 968 Actamended ........... 06sec cc cece ete 480 969 Amendment of s 466 (Compliance notice).................. 480 970 Replacement of s 511 (Appeal process starts with review) .... . 480 Page 46 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 511 Appeal or external review process starts with internal review ws eee 480 971 Amendment of s 512 (Who may apply for review) ............ 481 972 Amendment of s 513 (Requirements for making review application) eee eee 481 973 Amendment of s 514 (Review decision).................... 481 974 Amendment of s 515 (Notice of review decision)............. 482 975 Amendment of s 516 (Stay of operation of original decision).... 483 976 Replacement of ch 7, pt 3, hdg (Appeals) .................. 484 977 Amendment of s 517 (Who may appeal) ................... 484 978 Amendment of s 518 (Starting an appeal) .................. 485 979 Amendment of s 519 (Stay of operation of review decision) .... 485 980 Amendment of s 524 (Who may apply for arbitration) ......... 486 981 Insertion of news 524A... 1... eee 486 524A Stay of operation of review decision.............. 486 982 Amendment of sch 3 (Dictionary)................00....00. 486 Chapter 7 Department of Health Part 1 Amendment of Chiropractors Registration Act 2001 983 Actamended ........... 06sec cc cece ete 487 984 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) ........... 0.0. cece eee 488 985 Amendment of s 49 (Use of assessment report) ............. 488 986 Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court).................... 488 987 Amendment of s 89 (How registrant may start a review) ....... 488 988 Amendment of s 162 (Dealing with forfeited things etc.) ....... 488 989 Replacement of pt 6 (Appeals)...............0.....000005 489 Part 6 Reviews by QCAT 176 Who may apply fora review..............0...0. 489 177 Particular matters relating to powers of QCAT...... 489 990 Amendment of sch 4 (Dictionary)................00....00. 490 Part 2 Amendment of Dental Practitioners Registration Act 2001 991 Actamended ........... 06sec cc cece ete 490 992 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) ........... 0.0. cece eee 491 993 Amendment of s 49 (Use of assessment report) ............. 491 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 996Part 3 1000 1002 1004Part 410081010101310151017 Page 48 Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court).................... Amendment of s 89 (How registrant may start a review) ....... Amendment of s 184 (Dealing with forfeited things etc.) ....... Replacement of pt 6 (Appeals)...............0.....000005 Part 6 Reviews by QCAT 198 Who may apply fora review..............0...0. 199 Particular matters relating to powers of QCAT...... Amendment of sch 4 (Dictionary)................-00-00 00s Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001 Actamended ........... 00.0000. e ee cee Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) ........... 0.0. cece eee Amendment of s 49 (Use of assessment report) ............. Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court) .................... Amendment of s 90 (How registrant may start a review) ....... Amendment of s 166 (Dealing with forfeited things etc.) ....... Replacement of pt 6 (Appeals)................0....000008 Part 6 Reviews by QCAT 180 Who may apply fora review..............0.2.0. 181 Particular matters relating to powers of QCAT...... Amendment of sch 4 (Dictionary)................-00-0000- Amendment of Food Act 2006 Actamended ........... 06. c ccc tet ee Amendment of s 193 (Forfeiture of seized things) ............ Amendment of 220 (Compensation) ...................008 Amendment of ch 9, hdg (Reviews and appeals)............. Amendment of s 236 (Appeal process starts with internal TEVICW) eects Amendment of s 239 (Review decision).................... Omission of s 240 (Stay of operation of decision) ............ Replacement of ch 9, pt 2, hdg (Appeals) .................. Amendment of s 241 (Who may appeal) .................-. Omission of Ss 242-246... 0... eee Amendment of s 258 (Dealing with forfeited thing)............ 491492 492494 494495 495496497 497498499 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Part 51020 102410281030 Part 6 10321034 10361038 1040 Contents Amendment of sch 3 (Dictionary)................00....008 499 Amendment of Health (Drugs and Poisons) Regulation 1996 Regulation amended .......... 20-00 cee eee eee eee eee 500 Amendment of s 18 (How chief executive may deal with applications) eee eee 500 Amendment of s 24 (Procedure for suspension or cancellation of endorsement)... 0.0.0.0... eee eee 501 Amendment of s 25 (Urgent suspension or cancellation of endorsement) we eee eee 501 Amendment of s 25A (Urgent cancellation of certain approvals). 502 Amendment of s 27 (Replacement of endorsement) .......... 502 Amendment of s 28 (Amendment of endorsement on application) eee eee 502 Amendment of s 29 (Amendment of endorsement without application) 6. eee 502 Replacement of ch 1, pt 6, hdg (Appeals) .................. 503 Amendment of s 33 (Decisions open to appeal) ............. 503 Omission of Ss 34-39... 1... eee 504 Amendment of appendix 9 (Dictionary) .................... 504 Amendment of Health Practitioners (Professional Standards) Act 1999 Actamended ........... 06sec ccc 504 Amendment of s 10 (Purposes of pt 2)..................00. 504 Replacement of pt 2, div 4, hdg (Health Practitioners Tribunal).. 505 Replacement of pt 2, div 4, sdiv 1 (Establishment and membership of tribunal) ..........0..... 000. e cece eee 505 Subdivision 1 Constitution of tribunal 26 Constitution ............... 00. eee eee 505 Amendment of s 30 (Functions).................0002. 000 505 Amendment of s 31 (Assessors to assist tribunal)............ 506 Amendment of s 32 (Restrictions on appointment of assessors). 506 Amendment of s 33 (Board must advise registrar of specialist and technical issues) ..........0... 0.00 e cece eee eae 506 Omission of pt 2, div 4, sdiv 4 (Registrar of tribunal) .......... 506 Amendment of s 42 (Procedure for recommending members of panels of assessors) ......... 00.00. eee e eee eee 506 Amendment of s 59 (Immediate suspension or imposition of conditions on registration) .............0...... 02 eee eee 507 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1042 Amendment of s 126 (How disciplinary proceedings may be Started) eee eee eee 507 1043 Amendment of s 205 (Notification of decision of panel)........ 507 1044 Replacement of pt 6, div 6, hdg (Health Practitioners Tribunal).. 508 1045 Amendment of s 211 (Tribunal's jurisdiction) ................ 508 1046 Amendment of s 212 (Additional disciplinary matters)......... 508 1047 Replacement of s 213 (Chairperson to allocate matters)....... 508 213 President to choose assessors ................-- 508 1048 Amendment of s 215 (Notice of intention to conduct hearing)... 509 1049 Omission of s 216 (Substituted service on registrant and complainant) wee eee 509 1050 Replacement of s 217 (Directions conference) .............. 509 217 Compulsory conference...............002..00 509 1051 Replacement of s 219 (Procedure for hearing by tribunal)... .. . 509 219 Procedure for hearing by tribunal................ 509 1052 Omission of ss 220 and 221.......... 0.00. c cece eee eee 510 1053 Replacement of s 222 (Hearing to be held in public).......... 510 222 Hearing of impairment matter................... 510 1054 Omission of ss 223 and 224......... 0.00 e cece eee eee 511 1055 Replacement of s 225 (Attendance and right of appearance)... 511 225 Attendance... 1.2... 2... cee eee eee 511 1056 Replacement of s 227 (Questions to be decided by constituting Member)... 2... eee 511 227 Member may have regard to assessor's views. ..... 511 1057 Omission of s 227A (Procedure if tribunal member unable to hearmatter) wk eee 511 1058 Replacement of s 228 (Procedure if tribunal member absent CS) 2 512 228 Procedure if member or assessor unable to take part in proceedings. .............-0. cece eee ee 512 1059 Omission of ss 229 and 230........... 000. e cece eee eee 512 1060 Amendment of s 231 (Interim orders).............00....00 512 1061 Omission of s 232 (Inspection of things) ................... 513 1062 Omission of ss 234 and 235........... 00... c cee eee eee 513 1063 Omission of pt 6, div 6, sdiv 3 (Contempt of tribunal).......... 513 1064 Amendment of s 245 (Notification of decision of tribunal) ...... 513 1065 Amendment of s 249 (Consequences if other disciplinary action while suspended decision). ...............0.....00 514 Page 50 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 106710691071 1073 107610781081108410861088 Contents Amendment of s 251 (Tribunal must give notice)............. 514 Omission of s 252 (Effect of tribunal's decision).............. 514 Amendment of s 253 (Implementation of decisions) .......... 514 Omission of ss 256-259... 6... eee 514 Amendment of s 261 (Board may notify other entities) ........ 515 Amendment of s 263 (Records to be kept and made publicly available) eee ee 515 Amendment of s 301 (Notification of board's decision) ........ 515 Amendment of s 305 (Conditions or order in force until further decision made). ... 0.0.0.6... eee eee 515 Amendment of s 311 (Board may take action on basis of foreign IAW) eee eee 516 Amendment of s 314 (Purposes of pt9).................00. 516 Amendment of s 316 (Who may have conditions reviewed)... .. 516 Amendment of pt 9, div 3, hdg (Appeals to tribunal) .......... 516 Amendment of s 325 (Appealable decisions for tribunal). ...... 517 Replacement of ss 326-336. .........00 0... c cece eee eee 517 326 Who may apply for review ..............02.200. 517 327 Notice to be given to commission................ 517 328 Review of decision under s 59(2)................ 518 329 Panel making decision under s 324 not a party..... 518 330 Reviews by hearing ...........-..--. eee ee aee 518 331 Powers of tribunal on review..................0. 518 Amendment of s 337 (Decisions that may be reviewed) ....... 520 Amendment of s 338 (Who may have decision reviewed) ...... 520 Replacement of ss 339 and 340...............0....000005 520 339 Application for review ws. ee eee eee 520 340 Registrar to give copy of application to particular PEFSONS ke eee 521 Omission of ss 341 and 342........... 000... c eee eee eee 521 Amendment of s 343 (Review by hearing).................. 521 Omission of s 344 (Review by written submissions) .......... 522 Amendment of s 345 (Powers of tribunal on review) .......... 522 Omission of ss 348 and 349........... 002... c eee eee eee 522 Amendment of s 350 (Appellant to give notice of appeal to particular persons)... 0.0.0.2... 0.00 e cece 522 Omission of ss 351 and 352.......... 0000. c cee 522 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1090 Replacement of s 353 (Powers of court on appeal)........... 523 353 Court's decision may be tribunal review decision.... 523 1091 Amendment of s 367B (Appointments and authority).......... 523 1092 Amendment of s 392 (Confidentiality) ..................... 523 1093 Amendment of s 394 (Board etc. may give combined notice) ... 523 1094 Amendment of s 395 (Notices if complainant has not revealed identiy) eee cee eee eee 524 1095 Amendment of s 397 (Forms). .......... 0000000 cee eee eee 524 1096 Amendment of schedule (Dictionary)...................00. 524 Part 7 Amendment of Health Quality and Complaints Commission Act 2006 1097 Actamended ........... 00. c eect tees 525 1098 Amendment of s 190 (Commission may intervene in disciplinary proceedings) ..............0.. 0... e eee eae 525 1099 Amendment of sch 5 (Dictionary)................00...0008 526 Part 8 Amendment of Medical Practitioners Registration Act 2001 1100 Actamended ........... 00. c eect tees 526 1101 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) ........... 0.00 eee eee 526 1102 Amendment of s 49 (Use of assessment report) ............. 527 1103 Amendment of pt 3, div 8, sdiv 1, hdg (Review of conditions imposed by the board or District Court).................... 527 1104 Amendment of s 99 (How registrant may start a review) ....... 527 1105 Amendment of s 223 (Dealing with forfeited things etc.) ....... 527 1106 Replacement of pt 7 (Appeals)...............02....000005 527 Part 7 Reviews by QCAT 237 Who may apply fora review..............0...0. 528 238 Particular matters relating to powers of QCAT...... 528 1107 Amendment of sch 3 (Dictionary)................00....008 528 Part 9 Amendment of Medical Radiation Technologists Registration Act 2001 1108 Actamended ........... 06. c ccc tet ee 529 1109 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999)... 0.0.2.0... eee 529 1110 Amendment of s 49 (Use of assessment report) ............. 530 1111 Amendment of pt 3, div 8, sdiv 1, hdg (Review of conditions imposed by the board or District Court) .................... 530 Page 52 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 1113Part 10 1117 Part 1111201122 11241127 Contents Amendment of s 103 (How registrant may start a review) ...... 530 Amendment of s 177 (Dealing with forfeited things etc.) ....... 530 Replacement of pt 6 (Appeals)................2....000005 530 Part 6 Reviews by QCAT 191 Who may apply fora review..............0...0. 531 192 Particular matters relating to powers of QCAT...... 531 Amendment of sch 3 (Dictionary)................00....008 531 Amendment of Medical Radiation Technologists Registration Regulation 2002 Regulation amended .......... 20-00 cee eee eee eee eee 532 Replacement of pt 4 (Appeals)................2....000005 532 Part 4 Reviews 50 Application for review .................0 eee 532 Amendment of sch 4 (Dictionary)................00....008 533 Amendment of Nursing Act 1992 Actamended ........... 00. c eect tees 533 Amendment of s 4 (Definitions) .................00...000. 533 Amendment of s 42A (Minister's power to give directions). ..... 534 Amendment of s 67 (Immediate suspension of registration or enrolment by council) ......... 00.0... ce eee eee 534 Amendment of s 78 (Definitions for pt 4) ................... 534 Replacement of pt 5, div 1, hdg (Nursing Tribunal) ........... 535 Omission of s 84 (Continuation of Professional Conduct Committee under the name Nursing Tribunal) ............... 535 Amendment of s 85 (Tribunal's functions) .................. 535 Replacement of ss 86-98. ..........00 0... cee eee ee 536 86 Tribunal's constitution. ................ 0-22 eee 536 Division 1A Assessors Subdivision 1 Use of assessors in a hearing 87 Assessors to assist tribunal .................... 536 88 Restrictions on appointment of assessors ......... 537 89 Council must advise president of specialist and technical issues ..... 2.0.00... eee eee eee eee 537 90 Functions and powers of assessors.............. 538 91 Payment of assessors ..............000 2a 538 Subdivision 2 Professional panel of assessors 92 Establishment of professional panel of assessors... 538 Page 53 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 113011321134 11361139Part 12Part 13 1144 1146 Page 54 93 Appointment of individuals to panel.............. 94 Disqualification from membership of panel ........ 95 Procedure for recommending members of panels of ASSESSOIS eee 96 Duration of appointment..................0000. 97 Conditions of appointment ..................... 98 Vacation of office ............ 0.0... e eee Replacement of s 104 (Referral of charge to tribunal) ......... 104 Referral of disciplinary matter to tribunal.......... Omission of ss 105-113. ...... 0.0... eee Amendment of s 114 (Health assessment) ................. Omission of s 115 (Determinations of questions before tribunal). Amendment of s 116 (Action by tribunal)................... Amendment of s 117 (Effect of tribunal's orders)............. Replacement of s 118 (Notification of tribunal's orders and TEASONS) ketenes 118 Notification of tribunal's decision ................ Replacement of pt 8, div 1, hdg (Appeals).................. Amendment of s 137 (Appeals) ..........0......00 020000 Amendment of s 138 (Holders of office to act honestly and with propriety) 0.2... ee eee eee Amendment of s 139 (Confidentiality of documents and information) ke eects Amendment of s 139A (Executive officer or council may notify Commissioner for Children and Young People and Child Guardian about particular information). .................... Amendment of s 148 (Regulation-making power) ............ Amendment of Nursing Regulation 2005 Regulation amended ............. 0.0.0.0. ccc e eee eee Omission of s 16 and pt4............. 000... cee eee eee eee Amendment of Occupational Therapists Registration Act Actamended ........... 0.0.0.0 c eee eee Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999)... 0.0.2.0... eee Amendment of s 49 (Use of assessment report) ............. Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court) .................... 541542542543543544545 546 547 547 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1147 Amendment of s 89 (How registrant may start a review) ....... 548 1148 Amendment of s 162 (Dealing with forfeited things etc.) ....... 548 1149 Replacement of pt 6 (Appeals)................2....000005 548 Part 6 Reviews by QCAT 176 Who may apply fora review..............0...0. 548 177 Particular matters relating to powers of QCAT...... 549 1150 Amendment of sch 3 (Dictionary)................00....008 549 Part 14 Amendment of Optometrists Registration Act 2001 1151 Actamended ........... 00. c eect tees 550 1152 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) ........... 0.00 eee eee 550 1153 Amendment of s 49 (Use of assessment report) ............. 550 1154 Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court) .................... 550 1155 Amendment of s 89 (How registrant may start a review) ....... 551 1156 Amendment of s 162 (Dealing with forfeited things etc.) ....... 551 1157 Replacement of pt 6 (Appeals)................2....000005 551 Part 6 Reviews by QCAT 176 Who may apply fora review..............0...0. 551 177 Particular matters relating to powers of QCAT...... 552 1158 Amendment of sch 4 (Dictionary)................00....008 552 Part 15 Amendment of Osteopaths Registration Act 2001 1159 Actamended ........... 06. c ccc tet ee 553 1160 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999)... 0.0.2.0... eee 553 1161 Amendment of s 49 (Use of assessment report) ............. 553 1162 Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court).................... 553 1163 Amendment of s 89 (How registrant may start a review) ....... 554 1164 Amendment of s 162 (Dealing with forfeited things etc.) ....... 554 1165 Replacement of pt 6 (Appeals)................0....000008 554 Part 6 Reviews by QCAT 176 Who may apply fora review..............0.2.0. 554 177 Particular matters relating to powers of QCAT...... 555 1166 Amendment of sch 2 (Dictionary)................00...0008 555 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Part 16 Amendment of Pest Management Act 2001 1167 Actamended ........... 00. c eect tees 556 1168 Amendment of s 14 (Suitability of person to hold licence) ...... 556 1169 Amendment of s 17 (Use of assessment report) ............. 556 1170 Amendment of s 80 (Dealing with forfeited things etc.) ........ 556 1171 Amendment of pt 4, hdg (Reviews and appeals) ............. 557 1172 Amendment of s 103 (Appeal process starts with internal TEVIOW) eee eee 557 1173 Amendment of s 106 (Review decision).................... 557 1174 Omission of s 107 (Stay of operation of decision) ............ 558 1175 Replacement of pt 4, div 2, hdg (Appeals).................. 558 1176 Amendment of s 108 (Who may appeal) ................... 558 1177 Omission of ss 109-113. ...... 0.00.2 eee eee 559 1178 Amendment of sch 3 (Dictionary).................00...00. 559 Part 17 Amendment of Pharmacists Registration Act 2001 1179 Actamended ........... 00. c eect tees 559 1180 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) ........... 0.00 eee eee 559 1181 Amendment of s 53 (Use of assessment report) ............. 560 1182 Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court).................... 560 1183 Amendment of s 93 (How registrant may start a review) ....... 560 1184 Amendment of s 167 (Dealing with forfeited things etc.) ....... 560 1185 Replacement of pt 6 (Appeals)................2....000005 560 Part 6 Reviews by QCAT 181 Who may apply fora review..............0...0. 561 182 Particular matters relating to powers of QCAT...... 561 1186 Amendment of sch 4 (Dictionary)................00....008 561 Part 18 Amendment of Physiotherapists Registration Act 2001 1187 Actamended ........... 06. c ccc tet ee 562 1188 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999)... 0.0.2.0... eee 562 1189 Amendment of s 49 (Use of assessment report) ............. 563 1190 Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court).................... 563 1191 Amendment of s 89 (How registrant may start a review) ....... 563 Page 56 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 1193 Part 191196 1198 1200Part 2012041206120912111213 Part 21 Contents Amendment of s 162 (Dealing with forfeited things etc.) ....... 563 Replacement of pt 6 (Appeals)................2....000005 563 Part 6 Reviews by QCAT 176 Who may apply fora review..............0...0. 564 177 Certain matters relating to powers of QCAT........ 564 Amendment of sch 4 (Dictionary)................00....008 564 Amendment of Podiatrists Registration Act 2001 Actamended ........... 06sec ccc 565 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) ........... 0.00 eee eee Amendment of s 49 (Use of assessment report) ............. Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court).................... Amendment of s 89 (How registrant may start a review) ....... Amendment of s 162 (Dealing with forfeited things etc.) ....... Replacement of pt 6 (Appeals)................2....000005 Part 6 Reviews by QCAT 176 Who may apply fora review..............0...0. 177 Particular matters relating to powers of QCAT...... Amendment of sch 4 (Dictionary)................-00-0000- Amendment of Private Health Facilities Act 1999 Actamended ........... 00. c eect tees Amendment of s 111 (Dealing with forfeited things)........... Amendment of pt 9, hdg (Reviews and appeals) ............. Replacement of pt 9, div 1, hdg (Reviews).................. Amendment of s 126 (Appeal process starts with internal TEVICW) eects Amendment of s 129 (Review decision).................... Omission of s 130 (Stay of operation of decision) ............ Replacement of pt 9, div 2, hdg (Appeals).................. Amendment of s 131 (Who may appeal) ................... Omission of ss 132-136. .... 0... eee eee Amendment of sch 3 (Dictionary).................00...00. Amendment of Psychologists Registration Act 2001 Actamended ........... 00. c eect tees 565 566566 567568568 569570570 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1217 1219Part 221223 Part 231226 Part 24 1231 Page 58 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) ........... 0.00 eee eee Amendment of s 49 (Use of assessment report) ............. Amendment of pt 3, div 8, sdiv 1, hdg (Review of conditions imposed by the board or District Court) .................... Amendment of s 104 (How registrant may start a review) ...... Amendment of s 178 (Dealing with forfeited things etc.) ....... Replacement of pt 6 (Appeals)................2....000005 Part 6 Reviews by QCAT 192 Who may apply fora review..............0...0. 193 Particular matters relating to powers of QCAT...... Amendment of sch 3 (Dictionary)................00....008 Amendment of Psychologists Registration Regulation 2002 Regulation amended ............. 0.000.000 cece eee eee Replacement of pt 4 (Appeals)..................00-00 000 Part 4 Reviews 49 Application for review .................0 eee Amendment of sch 3 (Dictionary)................00....008 Amendment of Public Health Act 2005 Actamended ........... 06. c ccc tet ee Replacement of ch 5, pt 2, div 5 (Appeals against order to close school or child care service)............ 0.00. c ee eee eee eee Division 5 Review of order to close school or child care service 182 Review of Minister's order to close school or child care Service ... 22. eee Replacement of s 371 (Notice about decision)............... 371 Notice about decision....................0.00. Replacement of s 372 (Who may appeal) .................. 372 Review of decision. .............. 0.0 eee eee Omission of SS 373-375... 0... ee Amendment of Public Health (Infection Control for Personal Appearance Services) Act 2003 Actamended ........... 06. c ccc tet ee Amendment of pt 7, hdg (Reviews and appeals) ............. Amendment of s 119 (Appeal process starts with internal TEVIW) eects 571 571572 572574 574 575576576 577 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1233 Amendment of s 122 (Review decision).................... 577 1234 Omission of s 123 (Stay of operation of decision) ............ 578 1235 Replacement of pt 7, div 2, hdg (Appeals).................. 578 1236 Amendment of s 124 (Who may appeal) ................... 578 1237 Omission of ss 125-130. ... 2... cece ee eee 578 1238 Amendment of sch 2 (Dictionary)................0002..00. 579 Part 25 Amendment of Radiation Safety Act 1999 1239 Actamended ........... 00. c eect tees 579 1240 Amendment of s 136 (Dealing with forfeited things etc.) ....... 579 1241 Amendment of pt 10, hdg (Reviews and appeals) ............ 579 1242 Amendment of s 182 (Appeal process starts with internal TEVIOW) eee eee 580 1243 Amendment of s 186 (Review decision).................... 580 1244 Omission of s 187 (Stay of operation of decision) ............ 581 1245 Replacement of pt 10, div 2, hdg (Appeals)................. 581 1246 Amendment of s 188 (Who may appeal) ................... 581 1247 Omission of ss 189-194... 2.0.0... eee eee 581 1248 Amendment of sch 2 (Dictionary)................00...0008 581 Part 26 Amendment of Speech Pathologists Registration Act 2001 1249 Actamended ........... 00. c eect tees 582 1250 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) ........... 0.00 eee eee 582 1251 Amendment of s 49 (Use of assessment report) ............. 582 1252 Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court) .................... 582 1253 Amendment of s 89 (How registrant may start a review) ....... 583 1254 Amendment of s 162 (Dealing with forfeited things etc.) ....... 583 1255 Replacement of pt 6 (Appeals)................2....000005 583 Part 6 Reviews by QCAT 176 Who may apply fora review..............0...0. 583 177 Particular matters relating to powers of QCAT...... 584 1256 Amendment of sch 3 (Dictionary)................00....008 584 Chapter 8 Department of Infrastructure and Planning Part 1 Amendment of Animal Management (Cats and Dogs) Act 1257 Actamended ........... 06. c ccc tet ee 585 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1258 Amendment of s 127 (Power to destroy seized regulated dog).. 585 1259 Amendment of s 131 (Return of regulated dog to registered Owner) eee eee 586 1260 Amendment of ch 8, hdg (Reviews and appeals)............. 586 1261 Amendment of ch 8, pt 1, hdg (Review of decisions).......... 586 1262 Replacement of s 180 (Appeal process starts with review) .... . 587 180 Internal review process before external review ..... 587 1263 Amendment of s 181 (Who may apply for review) ............ 587 1264 Amendment of s 184 (Stay of operation of original decision).... 587 1265 Amendment of s 185 (PID review decision)................. 588 1266 Amendment of s 186 (Other review decisions)............... 588 1267 Amendment of s 187 (Notice of PID decision or review decision) 589 1268 Replacement of ch 8, pt 2 (Appeals) ..................000. 590 Part 2 External reviews 188 Who may apply for external review............... 590 189 Condition on stay granted by QCAT for particular decisionS eee eee eee 590 1269 Amendment of sch 2 (Dictionary)................00...0008 591 Part 2 Amendment of Building Act 1975 1270 Actamended ........... 00. c eect tees 591 1271 Amendment of s 171 (Power to amend, cancel or suspend licence) ee eee 591 1272 Amendment of s 179 (Register of building certifiers).......... 592 1273 Amendment of s 189 (Appeals to Commercial and Consumer Tribunal about decisions under pt 3) .............2.....00. 592 1274 Amendment of s 204 (Decision after investigation or audit completed) 6... eee 592 1275 Amendment of s 205 (Review of BSA's decision) ............ 593 1276 Amendment of s 206 (Show cause notice).................. 593 1277 Amendment of s 207 (Representations and decision)......... 593 1278 Amendment of s 208 (Commercial and Consumer Tribunal may conduct disciplinary proceeding) ................2....000. 593 1279 Replacement of s 209 (Application of Tribunal Act to disciplinary proceeding) .............. 000. e cece eee eae 594 209 Constitution of tribunal for disciplinary proceeding... 594 1280 Amendment of s 210 (Notification of disciplinary proceeding)... 594 1281 Amendment of s 211 (Orders relating to current building certifier) kee 595 Page 60 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 1283 1285 Part 312871289 1291 1293 Contents Amendment of s 212 (Orders relating to former building certifier) Amendment of s 213 (Consequences of failure to comply with Commercial and Consumer Tribunal's orders and directions) .. . Amendment of s 214 (Recording details of orders) ........... Amendment of sch 2 (Dictionary).................00-00 eee Amendment of Local Government Act 1993 Actamended ........... 00. c eect tees Amendment of s 939 (Decision on application for permission) . . Amendment of s 940 (Issue of permit)..................00. Replacement of ch 13, pt 5, div 3 (Appeals) ................ Division 3 Review by QCAT 942 Who may apply for review ..............02.200. Amendment of s 996 (Amendment of land record) ........... Replacement of ch 14, pt 4, div 2 (Appeal against amendment of land record) ... 0.2... eect eee Division 2 Review of decisions by QCAT to amend land record 999 Who may apply for review ..............02.200. 1000 Powers of QCAT on review............0.....00. Amendment of s 1130 (Personnel practices) ................ Insertion of new ch 16, pt3A............ 0. 2c eee eee eee Part 3A Equal opportunity of employment Division 1 Purpose of part and related matters 1137A Purpose and role of EEO..................005. 1137B How purpose is to be achieved ................. 1137C Merit principle reinforced ...................05. 1137D Exemption from compliance with this part......... Division 2 Development of equal employment opportunity management plan 1137E Local government to develop EEO management plan Division 3 Implementation of plan 1137F Local government to give effect to EEO management plan iw www eee eee 1137G Employment powers to be exercised having regard to EEO management plan ..................... Division 4 Supervision by chief executive 1137H Chief executive may take action if dissatisfied with EEO management... 1... eee eee eee 596597598 598 599599 600601 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Part 41296 Part 512991301130313051307 1309 Page 62 11371 Local government to comply with recommendation unless chief executive notified .................. 1137J Chief executive's power if local government does not act or give satisfactory reasons .............. Division 5 Supervision by QCAT 1137K QCAT's powers for an investigation .............. 1137L End of reference. ...........0.. 0.00 cee eee eee 1137M Recommendation may be to amend EEO management plan iwc eee eee eee 1137N Local government to comply with recommendation . . Division 6 Tabling of reports and review of division 11370 Minister may table report ................-..0-. Amendment of sch 2 (Dictionary).................00-00 eee Amendment of Local Government Regulation 2005 Regulation amended ............. 0.000.000 cece eee eee Replacement of pt 14, div 1 (Equal opportunity of employment) . Division 1 Equal opportunity of employment 51 Steps to be followed in ongoing development of EEO management plan—Act,s 1137E(3) —...... 52 Local government's activities to implement EEO management plan... eee eee Amendment of sch 7 (Dictionary)................-00-00 eee Amendment of Plumbing and Drainage Act 2002 Actamended ........... 06. c ccc tet ee Amendment of s 20 (Times and places of meetings).......... Amendment of s 29 (Officers, employees and agents) ........ Amendment of s 29A (Delegation by secretary).............. Amendment of s 30 (Authentication of documents) ........... Amendment of s 55 (How licensee may start review) ......... Insertion of new pt 3, div 7, sdiv1,hdg.................... Amendment of s 64 (Grounds for discipline) ................ Insertion of new pt 3, div 7, sdiv2,hdg .................... Replacement of s 65 (Disciplinary action that may be taken). . . . 65 Disciplinary action that may be taken by board ..... Amendment of s 66 (Show cause notice)................... Amendment of s 68 (Board must decide action to be taken) .... Amendment of s 69 (Board must advise licensee of its decision) 604 605 605 606 609 609609610610611611612 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1311 Amendment of s 70 (When suspension or cancellation takes effect) eee eee 612 1312 Insertion of new pt 3, div 7, sdiv3 ................--..0005. 613 Subdivision 3 — Referral to QCAT of particular proposed suspensions or proposed cancellations 70A Board to refer particular disciplinary matters to QCAT 613 70B Constitution of QCAT ........... 00... c eee eee 613 70C Disciplinary orders by QCAT ..............000-. 614 1313 Insertion of new pt 3, div 7, sdiv4,hdg .................... 614 1314 Amendment of s 71 (Returning suspended or cancelled licence to board)... 6... eee 614 1315 Amendment of s 129 (Applying for a review) ................ 614 1316 Replacement of s 130 (Review of decision)................. 615 130 Requirement for particular review decision ........ 615 1317 Omission of s 131 (Powers of Commercial and Consumer Tribunal when reviewing) ..............0 20. e cece eee eee 615 1318 Amendment of s 135 (Appointments and authority)........... 615 1319 Amendment of s 136 (Signatures) ...............0....000. 615 1320 Amendment of s 137 (Evidentiary provisions) ............... 616 1321 Insertion of new pt 10, div5........... 2.0... eee eee eee 616 Division 5 Transitional provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 174 Definitions for div5..............000 0.000 e eee 616 175 Application of S 70A ............ 0.0... eee eee 616 176 Registrar of Plumbers and Drainers Board......... 617 1322 Amendment of schedule (Dictionary)...................00. 617 Chapter 9 Department of Justice and Attorney-General Part 1 Amendment of Acts Interpretation Act 1954 1323 Actamended ........... 00. c eect tees 618 1324 Amendment of s 36 (Meaning of commonly used words and expressions)... 12... ee eee ee 618 Part 2 Amendment of Anti-Discrimination Act 1991 1325 Actamended ........... 00. c eect tees 619 1326 Amendment of s 113 (Tribunal) .................00...000. 619 1327 Insertion of newS 118A... 0.2... eee 619 113A Appeal from tribunal decision................... 619 1328 Amendment of s 124 (Unnecessary information)............. 620 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1329 Amendment of s 125 (Act's freedom from associated highly objectionable conduct purpose and how it is to be achieved) ... 620 1330 Amendment of s 140 (Commissioner may reject or stay complaints dealt with elsewhere).....................005. 620 1331 Amendment of s 144 (Interim orders protecting complainant's interests (before reference to tribunal)) .................... 620 1332 Amendment of s 155 (Requirement to initiate investigation) .... 621 1333 Insertion of news 164AA......... 0.0 eee 621 164AA Confidentiality of conciliation ................... 621 1334 Amendment of s 164A (Right of complainant to seek referral to tribunal after conciliation conference)...................00 621 1335 Amendment of s 166 (Complainant may obtain referral of unconciliated complaint).................0 0... cece eee eee 622 1336 Amendment of s 167 (Complainant or respondent may seek referral after 6 months)............0... 0000 e cece eee 622 1337 Amendment of ch 7, pt 2, hdg (What the Anti-Discrimination Tribunal may do)... 2.2... 2. eee eee 622 1338 Insertion of new ch 7, pt2,div1A...............00000 008 622 Division 1A Tribunal's functions 174A Functions ..... 20.0... 0c cece eee 622 1339 Replacement of ss 176-184. ....... 0.00.0... 0c eee ee eee 623 176 Constitution of tribunal.................00.200. 623 177 Tribunal may join a person as a party............. 623 178 Complaints may be amended................... 623 1340 Omission of ss 187, 188 and 190................-0000005- 623 1341 Amendment of s 191 (Anonymity) ...............00....002 624 1342 Omission of s 192 (Publication of evidence may be restricted)... 624 1343 Omission of ss 201-208. ... 2... cece eee 624 1344 Amendment of s 207 (Commissioner may provide investigation reports) eee 624 1345 Amendment of s 208 (Evaluation of evidence)............... 624 1346 Amendment of s 209 (Orders the tribunal may make if complaint is proven) ........... 000... cece eee eee 625 1347 Omission of Ss 211-213... 2.0.00 625 1348 Omission of ch 7, pt 2, divs 3A and4 andpt3............... 625 1349 Amendment of s 220 (Improper communication of official information) kee eee 625 1350 Amendment of ch 7, pt 4, div 3, hdg (Offences against the commissioner, the tribunal and their staff) .................. 626 Page 64 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 1352 13541356 13581360 1365Part 3Part 4 136913711374 Contents Omission of ss 224 and 226B ................ 0c eee eee 626 Insertion of new S 228A... 1.2... eee 627 228A Constitution of tribunal for this chapter............ 627 Amendment of s 233 (Appeal from opinion)................. 627 Omission of ch 9, pt 2 (The Anti-Discrimination Tribunal) ...... 627 Amendment of s 263 (Arrangement to prevail)............... 627 Amendment of s 263C (General requirement for address of SEVVice) eee eee 628 Omission of s 263D (Advice to tribunal of address for service).. 628 Amendment of s 263E (Change of address for service) ....... 628 Amendment of s 263F (Use of address for service)........... 628 Amendment of s 263G (Communication effected by giving of document) wee eee 628 Amendment of s 264 (No communication of official information fOCOUrtT) eee eee 628 Amendment of s 265 (Protection from civil actions—exercise of functions etC.).. 0... ce eee eee 629 Amendment of s 266 (Protection from civil actions—complaint CS) 630 Omission of s 266A (Protection and immunity) .............. 630 Amendment of s 267 (Regulation-making power) ............ 630 Amendment of schedule (Dictionary)...................00. 630 Repeal of Anti-Discrimination Tribunal Rule 2005 Repeal ... 2... eee tenes 631 Amendment of Births, Deaths and Marriages Registration Act 2003 Actamended ........... 06. c ccc tet ee 631 Amendment of s 11 (Court order relating to birth register)...... 631 Amendment of s 31 (Court order relating to registration of death) 631 Amendment of s 42 (Correcting the register)................ 632 Replacement of s 49 (Appealing registrar's decisions) ........ 632 49 Reviewing registrar's decisions ................. 632 Amendment of pt 9, divs 1-3 hdgs...............00...000. 632 Insertion of new pt 9, div4............ 0.0... eee eee eee 633 Division 4 Provision for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 62 Application of ss 11(2) and 31(2)................ 633 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Part 5 Amendment of Classification of Computer Games and Images Act 1995 1375 Actamended ........... 00. c eect tees 634 1376 Amendment of s 8 (Review by CCT of classification decision)... 634 1377 Amendment of pt 7, div 3, hdg (Review by CCT of decision about approval of entity and exemption).................... 634 1378 Replacement of s 60 (Review by CCT) ................000. 635 60 Review by QCAT.... 0.2.2... 00002 c cece eee eae 635 1379 Amendment of sch 2 (Dictionary)................00...0008 635 Part 6 Repeal of Classification of Computer Games and Images Regulation 2005 1380 Repeal .. 0.6... ttt 635 Part 7 Amendment of Classification of Films Act 1991 1381 Actamended ........... 06. c ccc tet ee 636 1382 Replacement of s 59 (Review by CCT) .................000. 636 59 Review by QCAT.... 0.2.2... 00002 c cece eee eae 636 Part 8 Repeal of Classification of Films Regulation 1992 1383 Repeal .. 0.6... ttt 637 Part 9 Amendment of Classification of Publications Act 1991 1384 Actamended ........... 06. c ccc tet ee 637 1385 Amendment of s 3 (Definitions) .................00...000. 637 1386 Amendment of s 11 (Review by CCT of classification decision by publications classification officer) ...................00. 637 1387 Amendment of s 11C (Publications for which display order may be made) ..... 0.0... eee 638 1388 Amendment of s 11D (Lifting of display order, and review rights and procedure)... 2.0.0.0... eee eee 638 1389 Amendment of s 37 (Exemptions) ...............00....005 639 Part 10 Repeal of Classification of Publications Regulation 1992 1390 Repeal .. 0.6... ttt 639 Part 11 Amendment of Commercial and Consumer Tribunal Act1391 Actamended ........... 06. c ccc tet ee 639 1392 Amendment of s 20 (Registry established) ................. 640 1393 Insertion of new pt 9, div4............ 0.0... eee eee eee 640 Division 4 Transitional provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 170 Definitions for div4................0 0002s 640 Page 66 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Part 12 1395Part 131398 140114031405 Contents 171 Former registrars and registry staff .............. 641 172 Things done by or in relation to former registrar. .... 641 173 References to former registrar.................. 642 Amendment of Commercial and Consumer Tribunal Regulation 2003 Regulation amended .......... 20-00 cee eee eee eee eee 642 Amendment of s 9 (Registry is registry for other tribunals) ..... 642 Amendment of sch 3 (Registry for other tribunals)............ 643 Amendment of Crime and Misconduct Act 2001 Actamended ........... 06. c ccc tet ee 643 Amendment of s 49 (Reports about complaints dealt with by the commission) ........ 0.006. c cee ee eee 644 Amendment of s 50 (Commission may prosecute official misconduct) dee eee 644 Amendment of s 75 (Notice to discover information) .......... 645 Amendment of s 109 (Definitions for pt 5) .................. 645 Amendment of s 202 (Publication of names, evidence etc.) .... 645 Replacement of ch 5, hdg ............0 0.00. eee ee eee 645 Insertion of new ch 5, pt1,hdg .................. eee eee 645 Insertion of newch 5, pt2 ...... 2. eee ee eee 646 Part 2 Disciplinary proceedings relating to misconduct Division 1 Preliminary 219A Purposes of disciplinary proceedings............. 646 219B Definitions for pt2.............. 0000s 646 Division 2 QCAT's jurisdiction 219C Jurisdiction... 2... 2.2 ee eee 647 219D Jurisdiction relating to allegations of official misconduct against prescribed persons is exclusive. 647 219E Relationship with Industrial Relations Act 1999..... 647 Division 3 Proceedings 219F Proceedings relating to official misconduct ........ 648 219G Proceedings relating to reviewable decisions...... . 648 219H Conduct of proceedings relating to reviewable decisionS ke eee ee eee eee eee 649 Division 4 QCAT's powers 2191 Powers for official misconduct .................. 649 219J Additional power for reviewable decisions ......... 650 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 219K QCAT may refer matter for investigation........... 650 219L QCAT's power to suspend orders................ 650 Division 5 Appeals 219M Appeal from QCAT exercising original jurisdiction... 651 1406 Amendment of s 318 (Parliamentary commissioner may conduct hearings in limited circumstances) ................. 652 1407 Amendment of sch 2 (Dictionary)................00...0008 652 Part 14 Amendment of Dangerous Goods Safety Management Act 1408 Actamended ........... 00. c eect tees 653 1409 Amendment of s 31 (Meaning of major hazard facility and possible major hazard facility) ....................000000. 653 1410 Amendment of s 32 (Chief executive may classify facility as major hazard facility) .......... 00.00... cee eee eee 653 1411 Amendment of s 37 (Obligation to notify chief executive of certain upgrades of facilities) ............0......000..000. 654 1412 Replacement of pt 9, hdg (Appeals)...................000. 654 1413 Replacement of pt 9, div 1 (Appeals against classification as a major hazard facility) ........... 0.0.0... eee eee eee ee 654 Division 1 Review of decision to classify facility as a major hazard facility 148 Review of chief executive decision............... 654 1414 Replacement of s 154C (Application of ss 150-154 to an appeal under this division) ....................02... 0008 654 154C Starting appeal................ 0. eee ee 655 154D Stay of operation of decisions .................. 655 154E Hearing procedures ...............0 eee eens 655 154F Powers of court on appeal..................00. 656 154G Appeals to District Court ...............00.200. 656 154H Application of ss 154C-154G to an appeal under this division. .... 2.0.0... c eee eee ee 656 Part 15 Amendment of Dangerous Goods Safety Management Regulation 2001 1415 Regulation amended ........... 20-00 eee eee eee eee 657 1416 Amendment of s 89 (Failure to decide application for licence)... 657 1417 Replacement of pt 4, div 9, hdg (Reviews and appeals) ....... 657 1418 Amendment of s 111 (Appeal process starts with internal TEVIOW) eee 657 1419 Amendment of s 112 (Application for review to be made to the chief executive officer) ........... 0... eee eee 658 Page 68 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 14211423 Part 161426 Part 1714281430 14331436 Part 181438144014421445 Contents Amendment of s 113 (Applying for review).................. 658 Amendment of s 114 (Review decision).................... 658 Amendment of s 115 (Stay of operation of decision) .......... 659 Replacement of pt 4, div 9, sdiv 2 (Appeals) ................ 660 Subdivision 2 — External review by QCAT 116 External review of internal review decision......... 660 Amendment of sch 5 (Dictionary)................00...0008 660 Amendment of Dispute Resolution Centres Act 1990 Actamended ........... 00. c eect tees 661 Amendment of s 2 (Interpretation) ................0....00. 661 Amendment of Dividing Fences Act 1953 Actamended ........... 00. c eect tees 661 Amendment of s 6 (Definitions) .................00...000. 661 Amendment of s 9 (Proceedings consequent on notice to fence) 662 Amendment of s 10 (Proceedings on failure to carry out agreement or order) .. 1.02... eee 662 Amendment of s 11 (Cases where owner or whereabouts of owner are not known)... 1.2.2... 0. .e cee eee 662 Amendment of s 14 (Failure to carry out an order to repair) .... 662 Amendment of s 16 (Procedure to compel contribution) ....... 663 Amendment of s 18 (Jurisdiction of and proceedings in Magistrates Courts or Small Claims Tribunals) .............. 663 Amendment of s 19 (Recovery of money payable)............ 663 Amendment of s 23 (Notices). ...........00...00 eee eee eee 663 Amendment of Guardianship and Administration Act 2000 Actamended ........... 00. c eect tees 664 Amendment of long title... ........... 0.00. e eee eee eee 664 Amendment of s 7 (Way purpose achieved)................. 664 Amendment of s 9 (Range of substitute decision makers)...... 664 Amendment of s 80E (Relationship with ch 7)............... 665 Amendment of s 80F (Members constituting tribunal) ......... 665 Amendment of s 80J (Tribunal advises persons concerned of hearing) we eee 665 Amendment of s 80ZN (Relationship with ch 7).............. 666 Replacement of ch 6 (Guardianship and Administration Tribunal) 666 Chapter 6 Queensland Civil and Administrative Tribunal 81 Tribunal's functions for this Act.................. 666 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1448145214541456 Page 70 82 Jurisdiction... 2... 2.2 ee eee 83 Annual report by president..................-.. Replacement of ch 7, pt 1 (General) ..................000. Part 1 General 99 Definitions for pt1................00 00... c eee 100 Types of limitation order.........0......000200. 101 Relationship with the QCAT Act................. 102 Members constituting tribunal .................. 103 ACCESS «1. eet ee 104 Basis of consideration for limitation order.......... 105 Open. ... 6. eee 106 Adult evidence order............-.00 00 eee eee 107 Closure order. ... 2.0.00... cc eee cece 108 Non-publication order. ...........-.0 000 e seen 109 Confidentiality order.............0.....000000. 110 Non-publication or confidentiality order made before hearing ......... 0.0.0. eee eee 111 Standing for limitation order...............0000. 112 Making and notifying decision for limitation order. . . . 113 Written reasons for limitation order and copy of reaSONS wee 114 Procedural directions ................0-.0e0 eee 114A Publication about proceeding that discloses adult's identity 6. eee eee 114B No filing fee payable................0.00 200005 Amendment of s 115 (Scope of applications)................ Omission of ss 116 and 117............0 0... cee Amendment of s 118 (Tribunal advises persons concerned of hearing) ke eee eect eee Replacement of s 122 (Withdrawal by leave)................ 122 Withdrawal by leave ................0..0.0000. Amendment of s 123 (Right of active party to appear)......... Amendment of s 127 (Costs) .......... 00000. e cee ee eae Amendment of s 129 (Interim order) .............00...000. Omission of SS 132-133. ..... 0.000 e cee eee Omission of s 135 (Witnesses).................000..0000- Amendment of s 136 (Witness fees and expenses)........... 668669670671671672674676 678679 679680680681 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 14581460 14621464 1466 14681470 Part 19 Part 201474 Part 2114771479 Contents Amendment of s 137 (Offences by witnesses)............... 681 Amendment of s 138 (Advice, directions and recommendations) 682 Amendment of s 138AA (Directions to former attorney)........ 682 Replacement of s 138A (Tribunal may dismiss frivolous etc. applications) ....... 0.00... eee eee 682 138A Repeated applications for orders................ 682 Omission of ss 139-145... 0... ee eee 683 Omission of ch 7, pt 4A (Dispute resolution) ................ 683 Amendment of s 148 (Application for entry and removal warrant) 683 Replacement of ch 7, pt 6 (Decision)..................00-. 683 Part 6 Decision 156 Making and notifying decision .................. 683 157 Order postponing giving copy of decision.......... 684 158 Copy of reasons to be given.................... 685 Omission of ch 7, pt 7 (Review of registrar's decision)......... 685 Replacement of ss 163-165. ............... 000. e ee eee eee 685 163 Appellant ...... 0.0... cece eee 685 Omission of ch 7, pt 10 (Other provisions about proceedings)... 687 Amendment of s 246 (Definitions for pt 4) .................. 687 Amendment of s 247 (Whistleblowers' protection)............ 687 Amendment of s 248 (Protection from liability if honest and not Negligent)... 2.6... eee 688 Amendment of sch 4 (Dictionary)................00....008 688 Repeal of Guardianship and Administration Tribunal RuleRepeal .. 0.6... ttt 690 Amendment of Judicial Review Act 1991 Actamended ........... 06. c ccc tet ee 690 Amendment of sch 1 (Operation of other laws) .............. 691 Amendment of sch 2 (Decisions for which reasons need not be GIVEN) eee eee eee 691 Amendment of Legal Profession Act 2007 Actamended ........... 06. c ccc tet ee 691 Amendment of s 10 (Information notices) .................. 691 Amendment of s 13 (Inherent jurisdiction of Supreme Court)... 692 Amendment of s 15 (Appeal period for appeal to Supreme Court or tribunal)... 0... 0.2. ee eee 692 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1480 Amendment of s 26 (Associates who are disqualified or convicted persons) ........... 000... cee eee eee eee 693 1481 Amendment of s 32 (Early consideration of suitability) ........ 693 1482 Amendment of s 33 (Involvement of Supreme Court whether by referral or on appeal) ... 0.0.2.0... eee eee eee eee 693 1483 Amendment of s 35 (Role of Supreme Court relating to application for admission). ............ 0000... c eee ee eee 693 1484 Amendment of s 51 (Grant or renewal of local practising certificate) ee eee 694 1485 Amendment of s 54 (Applications relating to conditions) ....... 694 1486 Amendment of s 61 (Amending, suspending or cancelling a local practising certificate) ................0... 0. cee eee 694 1487 Amendment of s 62 (Operation of amendment, suspension or cancellation of local practising certificate) .................. 695 1488 Amendment of s 63 (Immediate amendment or suspension of local practising certificate) ................0... 0. cee eee 695 1489 Amendment of s 69 (Refusal, amendment, suspension or cancellation of local practising certificate because of failure to ShOW CaUSe).. 2... ee eee 695 1490 Amendment of s 70 (Restriction on making further application) . 696 1491 Amendment of s 76 (Additional condition on interstate legal practitioner engaging in legal practice in this jurisdiction) ...... 696 1492 Amendment of s 87 (Health assessment) .................. 696 1493 Amendment of s 91 (Use of health assessment report). ....... 697 1494 Amendment of s 98 (Law society and bar association to notify other jurisdictions about particular matters)................. 697 1495 Amendment of s 183 (Grant or renewal of local registration).... 697 1496 Amendment of s 185 (Refusal to grant or renew registration)... 697 1497 Amendment of s 188 (Amending, suspending or cancelling registration) kk eee 698 1498 Amendment of s 189 (Operation of amendment, suspension or cancellation of registration) ................... 02 eee ee eee 698 1499 Amendment of s 194 (Refusal, amendment, suspension or cancellation of local registration—failure to show cause)....... 698 1500 Amendment of s 195 (Restriction on making further applications) kee eee 699 1501 Amendment of s 197 (Immediate suspension of registration) ... 699 1502 Amendment of s 208 (Additional conditions on practice of interstate-registered foreign lawyers)...............0..200. 699 1503 Amendment of s 278 (Disqualification of person as external examiner) eee eee eee 700 Page 72 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 15051508 151015131519 1523 1525 Contents Amendment of s 328 (Setting aside costs agreements)........ 700 Amendment of s 375 (Time limit for making claims)........... 700 Amendment of s 377 (Time limit for making claims following advertisement) ........00 0... cece ee eee 701 Amendment of ch 3, pt 3.6, div 7, hdg (Appeals)............. 701 Replacement of ss 392 and 393...............0....0 0000s 701 392 Review of decision on claim.................05. 701 393 Review of failure to decide claim within 1 year...... 702 Amendment of s 394 (Proceedings on appeal) .............. 703 Amendment of s 396 (Caps on payments).................. 703 Amendment of s 451 (Duty to inform complainant about action taken for complaint) ...........0.. 0.0.0 e cece 704 Amendment of s 454 (Joinder)...........0.... 0000 eee eee 704 Amendment of s 455 (Variation of discipline application). ...... 704 Amendment of s 456 (Decisions of tribunal about an Australian legal practitioner)... 2.0.0.0... 2 eee eee 704 Replacement of s 457 (Orders to be filed in Supreme Court and information notices to be given to parties etc.)............... 705 457 Enforcement of orders etc.............00...000. 705 Amendment of s 458 (Decisions of committee about discipline application). .... 20... eee 706 Amendment of s 459 (Orders to be filed in Supreme Court and information notices to be given to parties etc.)............... 706 Amendment of s 462 (Costs) ...........00. 0.00 cee ee eae 706 Insertion of new S 462A... 1.22... eee 707 426A Institution of proceedings by the commissioner... . . 707 Amendment of s 468 (Appeal may be made to Court of Appeal from tribunal's decision) .............. 000. cece eee eee 707 Replacement of s 469 (Appeal to tribunal against committee's decision) we eee eee 707 469 Application to tribunal for review of committee's decision weet eee 708 Amendment of s 471 (Definition for pt 4.11)................. 708 Amendment of s 477 (General provisions about disclosure of information) .. 0.0.2... cee eee ee 708 Amendment of s 491 (Confidentiality of client communications) . 708 Replacement of ch 7, pt 7.2, hdg and ch 7, pt 7.2, divs 1 and 2 and div 3, hdg..... 2.2... eee eee eee 709 Part 7.2 Provisions about proceedings before tribunal Page 73 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Division 1 Constitution of tribunal 598 Constitution of tribunal.................00.200. 709 Division 2 Panels, panel members and related matters 599 Panel to help the tribunal hear and decide discipline application ..... 60... eee eee eee 710 1526 Amendment of s 607 (Establishment of panels for helping the tribunal) eect eee ee 711 1527 Replacement of ch 7, pt 7.2, divs 4-6 ..............-00000. 711 612 Disclosure of interests ..................00000, 711 613 Protection of panel members................... 711 1528 Amendment of s 640 (Conduct of committee for hearing and deciding discipline applications)...................--0000. 712 1529 Amendment of s 641 (Disclosure of interests)............... 712 1530 Replacement of ch 7, pt 7.4, hdg and div1,hdg............. 712 1531 Amendment of s 643 (Parties) ...........0...... 000.0 a ee 712 1532 Amendment of s 644 (Public hearings) .................... 713 1533 Amendment of s 645 (Procedure for hearing by a disciplinary body) eee eee 713 1534 Amendment of s 646 (Recording evidence)................. 713 1535 Amendment of s 647 (Disciplinary body may proceed in absence of party or may adjourn hearing).................. 714 1536 Amendment of s 648 (Matter may be decided on affidavit evidence) ke eect eee eee 714 1537 Amendment of s 649 (Standard of proof)................... 714 1538 Amendment of s 650 (Prohibited publication about hearing of a disciplinary application) ...............00 00... eee eee eee 715 1539 Amendment of ch 7, pt 7.4, div 3, hdg (Powers of disciplinary body) eee eee 715 1540 Amendment of s 651 (Power to disregard procedural lapses)... 715 1541 Amendment of s 652 (Directions for hearings)............... 716 1542 Amendment of s 653 (Attendance notice) .................. 716 1543 Replacement of s 654 (Authentication of documents) ......... 717 654 Authentication of documents ................... 717 1544 Insertion of new ch 7, pt 7.4A.........0 0.0 cee eee 717 Part 7.4A Provisions applying to tribunal for discipline applications 656A Application of pt7.4A..........0......0 00 eee 717 656B Entitlement to appear at hearing ................ 718 656C Standard of proof................ 0c eee eee eee 718 Page 74 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 154715491552 Part 22 Part 2315561558 Part 2415601562 Contents 656D Prohibited publication about hearing of a discipline application ............0.. 0.000.000.0000 008. 656E Power to disregard procedural lapses ............ Amendment of s 704 (Disclosure of information by commissioner, regulatory authorities and other entities) ....... Amendment of s 707 (Protection from liability)............... Amendment of s 711 (Signatures) .....................00. Amendment of s 714 (Approved forms) ..............-.000- Amendment of s 715 (Regulation-making power) ............ Omission of ch 9, pt 9.9, hdg (Regulation-making power for transitional purposes).......... 0.00.0 cece ee eee Replacement of ch 10, hdg (Other transitional provision) ..... . Insertion of news 771 andch 10, pt2.................000. 771 Expiry of pt1,hdg ............... 0.00.02 eee Part 2 Transitional provisions for QCAT Amendment Act 772 Definitions for pt2........... 0.0... c eee eee eee 773 Acts Interpretation Act 1954, section 20 not limited. . 774 Particular court decisions continue. .............. 775 Particular notification giving requirement continues. . 776 Particular orders taken to be orders of QCAT....... 777 Authentication of documents continues ........... Amendment of sch 2 (Dictionary).................00-00 eee Repeal of Legal Profession (Tribunal and Committee) Rule Amendment of Magistrates Act 1991 Actamended ........... 00. c eect tees Amendment of s 53J (Practice direction) ................... Amendment of s 53K (Referring application or matter) ........ Amendment of s 53L (Decision of judicial registrar taken to be decision of magistrate) ......... 2.0.0... cece eee eee eee ee Amendment of Magistrates Courts Act 1921 Actamended ........... 00. c eect tees Amendment of s 2 (Definitions) ..................00200005 Amendment of s 45A (Limitation on appeal if minor debt claim) . Omission of s 52 (Publication of particulars of minor debt Claims) ke eee teens 720720721721 722723723725726 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Part 2515641566Part 261569 Part 271572 1575 1578 1580 1582 15841587 Page 76 Amendment of Misconduct Tribunals Act 1997 Actamended ........... 0.0.0.0 c eee eee Amendment of ss 11,17, 18 and 19 ...............-.-.4-. Omission of s 40 (Registrar and tribunal staff)............... Amendment of s 44 (Confidentiality) ...................... Amendment of schedule (Dictionary)...................00-5 Amendment of Powers of Attorney Act 1998 Actamended ........... 0.0.0.0 c eee eee Amendment of s 109A (Guardianship and Administration Tribunal also has jurisdiction and powers about enduring documents) — ws ete Amendment of sch 3 (Dictionary)................00....008 Amendment of Retail Shop Leases Act 1994 Actamended ........... 00. c eect tees Amendment of s 14 (Continued application of certain provisions of former Act to existing retail shop leases) ................. Amendment of s 22E (Effect of failure to comply with sections 22A-22D) wee eee Amendment of s 26 (Lessor not to disclose turnover information) Amendment of s 32 (Valuer to give determination to lessor and lessee) eect eee Amendment of s 46B (Matters tribunal may consider in deciding if a party's conduct is unconscionable)...................0- Amendment of s 57 (Limited right of representation).......... Replacement of pt 8, div 3, hdg (Reference of retail tenancy disputes to tribunal) ..... 2.0.0.0... cece eee eee Amendment of s 63 (Reference of dispute—by mediator) ...... Replacement of s 64 (Reference of dispute—by party) ........ 64 Application to QCAT—by party.................. Omission of pt 8, div 4 (Retail tenancy disputes hearings) ..... Replacement of pt 8, div 5, hdg (Provisions about tribunal orders) eee eee eee ee Amendment of s 83 (Tribunals' orders) .................00. Omission of ss 84—88A; pt 8, div 6; and pt 8, div7,hdg ....... Replacement of ss 91-93. . 1.0.2.0... ee eee eee 91 Withdrawal of disputes.................00..00. Amendment of s 94 (Exclusion of other jurisdictions) ......... Amendment of s 97 (Mediators' jurisdiction) ................ 727727729 729 730 731732733733734 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 1590159315951597 Part 28Chapter 10 Part 1 1606 Contents Replacement of pt 9, div 2 (Retail shop leases tribunals) ...... 735 Division 2 Provisions for QCAT proceedings 102 Constitution of QCAT ...........0.....0 0 eee 735 103 QCAT's jurisdiction. ............0.... 0c eee eee 736 Amendment of s 113 (Mediators and tribunal members to maintain secrecy)... 0.0.00... eee 737 Amendment of s 114 (Ordinary protection and immunity allowed) eee eee 738 Amendment of s 115 (Admissions made during dispute resolution process)... . 2.0... 0. cece eee eee 738 Amendment of s 116 (Register) .................00...0002 739 Amendment of s 117 (Delegations) ....................00. 740 Amendment of s 119 (Chief executive's responsibility) ........ 740 Amendment of s 120 (Evidentiary provisions) ............... 740 Amendment of s 121 (Regulation-making power) ............ 740 Replacement of pt 12, divs 1-3, hdgs ...............20000. 740 Insertion of new pt 12, div4........... 0.0.0.0. c ee eee eee 741 Division 4 Provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 130 Definitions for div4..............000...00 000 741 131 Application of S64 ............0...... 0c eee eee 741 132 Existing referrals of and applications about retail tenancy disputes to chief executive .............. 742 133 Existing referrals of retail tenancy disputes to former tribunal legal member.................0-.0000- 743 Amendment of schedule (Dictionary)...................00. 743 Amendment of Supreme Court of Queensland Act 1991 Actamended ........... 06sec ccc 744 Amendment of sch 1 (Subject matter for rules) .............. 744 Amendment of sch 2 (Dictionary)................00...0008 745 Department of Police Amendment of Police Service Administration Act 1990 Actamended ........... 06sec ccc 745 Amendment of s 4.5 (Removal and suspension of commissioner) wee eee eee eee 745 Amendment of s 7.4 (Disciplinary action)................... 745 Amendment of s 9.1 (Operation of part).................00. 746 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Part 2 Amendment of Prostitution Act 1999 1607 Actamended ........... 00. c eect tees 747 1608 Replacement of pt 4, divs 3-8 ...............0....0 000 747 Division 3 Review by QCAT 64A Review of decisions about code assessment....... 747 64B Review of decisions about impact assessment .... . 748 64C Procedures for review. ..............000-.0 000 749 64D No appeal from QCAT's decision under the Integrated Planning Act ...............-.00000- 750 64E Development approval suspended until review decided wee cee eee 750 1609 Amendment of s 132 (Evidentiary provision) ................ 751 1610 Amendment of s 133 (Disclosure of information)............. 751 1611 Amendment of s 134 (Protection of officials from liability) ...... 751 1612 Replacement of pt 9, divs 1-4, hdgs .................0000. 751 1613 Insertion of new pt9, div5................ 000 eee eee ee 752 Division 5 Provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 152 Definition for div5.............. 0.000 cece eee 752 153 Independent assessor goes out of office.......... 752 154 Application of particular QCAT Act provisions to former independent assessor and former assessor's registrar eee tee ee 753 1614 Amendment of sch 4 (Dictionary)................00....008 753 Part 3 Amendment of Prostitution Regulation 2000 1615 Regulation amended .......... 20-00 cee eee eee eee eee 754 1616 Amendment of sch 2 (Fees)... 1.0.2... 0000 cece eee eee ee 754 Part 4 Amendment of Weapons Act 1990 1617 Actamended ........... 00. c eect tees 754 1618 Amendment of pt 6, hdg (Appeals and rights of review)........ 754 1619 Amendment of s 142 (Right to appeal against decisions) ...... 754 1620 Insertion of news 142AA... 1.2... 0. eee 755 142AA Notices must be QCAT information notices ........ 755 1621 Amendment of s 142A (Particular provision for appeals against or reviews of decisions based on criminal intelligence) ........ 755 1622 Omission of ss 143 and 144............00... 0.0 eee eee 756 Page 78 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 11 Part 1 Part 2 Part 31631 Part 41637Chapter 12 Part 11640164216441646 Contents Amendment of s 145 (Appellant may carry on business pending appeal) eect eee eee Omission of ss 146-149... 00.0... eee eee Amendment of sch 2 (Dictionary).................00-00 eee Department of the Premier and Cabinet Amendment of Public Sector Ethics Act 1994 Actamended ........... 0.0.0.0 c eee eee Amendment of schedule (Dictionary)...................00-5 Amendment of Public Service Act 2008 Actamended ........... 0.0.0.0 c eee eee Amendment of sch 2 (Statutory office holders who are not term appointees). . 0.2.0.0... eee eee Amendment of South Bank Corporation Act 1989 Actamended ........... 00. c eect tees Amendment of s 7 (Establishment of corporation)............ Amendment of s 83 (Power to exclude persons causing public nuisance) eect ete eee Amendment of s 87 (Certain exclusion directions may be reviewed) eect teen eee Replacement s 89 (Procedure for review) ................-. 89 Review may be expedited hearing............... Replacement of s 90 (Decision on review)..............2--. 90 Monetary decision can not be made on review ..... Amendment of Whistleblowers Protection Act 1994 Actamended ........... 00. c eect tees Amendment of s 55 (Preservation of confidentiality) .......... Amendment of sch 6 (Dictionary).................002..00. Department of Public Works Amendment of Architects Act 2002 Actamended ........... 00. c eect tees Amendment of s 106 (Board to reimburse tribunal costs) ...... Omission of pt 8, div 1 (Preliminary) ...................0.. Renumbering of pt 8, div 2 (Reviews) .................000. Amendment of s 121 (Review of particular decisions)......... Omission of s 123 (Stay of operation of decision) ............ Renumbering of pt 8, div 3 (Disciplinary proceedings). ........ Amendment of sch 2 (Dictionary).................00-00 eee 756757 759 760760760761762762762 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Part 2 164816501652Part 316551657Part 41661166316651667Part 5 16701672 Page 80 Amendment of Building and Construction Industry Payments Act 2004 Actamended ........... 00. c eect tees Amendment of s 95 (Review decision)..................... Amendment of 96 (Stay of operation of decision) ............ Replacement of pt 5, div 2, hdg (Review by tribunal).......... Amendment of s 97 (Who may apply to tribunal for a review) .. . Omission of s 98 (Stay of operation of decision) ............. Amendment of sch 2 (Dictionary).................00-00 eee Amendment of Domestic Building Contracts Act 2000 Actamended ........... 0.0.0.0 c eee eee Amendment of s 18 Amendment of s 55 Amendment of s 60 Amendment of s 84 (Right of building contractor to recover amount for variation). ... 2.0.0.0... eee eee eee Amendment of sch 2 (Dictionary).................00-00 eee Amendment of Professional Engineers Act 2002 Actamended ........... 00. c eect tees Amendment of s 106 (Board to reimburse tribunal costs) ...... Omission of pt 8, div 1 (Preliminary) ...................0.. Renumbering of pt 8, div 2 (Reviews) .................000. Amendment of s 122 (Review of particular decisions)......... Omission of s 124 (Stay of operation of decision) ............ Renumbering of pt 8, div 3 (Disciplinary proceedings). ........ Omission of s 128 (Starting disciplinary proceeding).......... Amendment of sch 2 (Dictionary).................00-00 eee Amendment of Queensland Building Services Authority Act Actamended ........... 00. c eect tees Amendment of s 44H (Procedure for cancellation or suspension) Amendment of s 49 (Procedure for cancellation or suspension) . Amendment of s 49A (Immediate suspension of licence) ...... Amendment of s 67 (Notice that not a fit and proper person to individual who is not a licensee)..............-.00-00 eee Amendment of s 67AH (Notice of cancellation and that not a fit and proper person to individual who is a licensee) ........... Effective completion date or period) ...... Cost plus contracts) ...............00. Effect of improper statements) .......... 763763764764765 765 766766766767768768 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 16791685 1687 1692 Contents Amendment of s 67Al (Notice that not a fit and proper person to individual who is not a licensee)................0 00 c ee eee Amendment of s 67AL (Notice of cancellation and that not a fit and proper person to director, secretary, influential person or nominee who is a licensee) ............. 0-00 eee eee eee Amendment of s 67AM (Notice that not a fit and proper person to director, secretary, influential person or nominee who is not a licensee) eects Amendment of s 67AP (Relationship of this part with pt 7, div 4) Amendment of s 67AQ (Definitions for pt 3E) ............... Amendment of s 67AZF (Notice of cancellation and that not a fit and proper person to individual who is a licensee) ........... Amendment of s 67AZG (Notice that not a fit and proper person to individual who is not a licensee)...............-02-000-5 Amendment of s 67AZJ (Notice of cancellation and that not a fit and proper person to director, secretary, influential person or nominee who is a licensee) ............. 0-00 eee eee eee Amendment of s 67AZK (Notice that not a fit and proper person to director, secretary, influential person or nominee who is not a licensee) eee cee eee eee Amendment of s 77 (Tribunal may decide building dispute)... .. Amendment of s 84 (Tribunal to decide about rectification or completion work) .......... 0.0 cee eee cette eee ee Amendment of s 87 (Application for review)................. Amendment of s 88 (Tribunal has jurisdiction to conduct disciplinary proceeding) ................. ce eee eee eee Replacement of s 91 (Orders for disciplinary action) .......... 91 Orders for disciplinary action ................... Insertion of newS 92A.... 2... eee 92A Procedure before public examination starts........ Replacement of pt 7, div 7 (Transfer of proceedings).......... Division 7 Tribunal proceedings 93A Representation of parties...................00. 94 Transfer of proceedings between tribunal and the courts eee eee Omission of pt 7, div 8, hdg (Expedited hearings) ............ Amendment of s 95 (Expedited hearing of domestic building disputes) eect ee Omission of s 97 (Judicial Review excluded for minor domestic building disputes) ......... 0.0.0... eee eee Insertion of new pt 7, div8......... 0.0.0.0 c eee eee eee 770772 772 773774775 775 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Chapter 13 Part 1 1703 Part 217051710 Part 31712 Part 4 Page 82 Division 8 Other powers of the tribunal 97 Entry and inspection of property by member of tribunal eee 97A Procedure before entry..............000...000- 97B Stop orders... 0.2... 2. cee eee ee 97C Suspension orders... 2.0.0.2... 0000 eee e ee eee Amendment of s 99 (Licensee register) .................... Amendment of s 107 (Power to enter and inspect building site) . Amendment of sch 2 (Dictionary).................00-00 eee Department of Transport and Main Roads Amendment of Adult Proof of Age Card Act 2008 Actamended ........... 00. c eect tees Amendment of pt 6, hdg (Review and appeal)............... Amendment of s 39 (Review of original decision) ............ Replacement of s 40 (Appeal against reviewed decision) ..... . 40 External review of decisions.................... Amendment of s 49 (Regulation-making power) ............. Amendment of schedule (Dictionary)...................00-5 Amendment of Tow Truck Act 1973 Actamended ........... 00. c eect tees Amendment of s 21B (Immediate suspension of authority) ..... Amendment of s 21D (Amending, suspending or cancelling authority) eee eee Amendment of pt 6, hdg (Review of and appeals against decisions) ke eect eee Replacement of s 28 (Review of and appeals against decisions) 28 Internal review of decisions .................... 29 External review of decisions.................... Amendment of s 43 (Regulation-making power) ............. Amendment of sch 2 (Dictionary).................00-00 eee Amendment of Traffic Regulation 1962 Regulation amended ............. 0.000.000 cece eee eee Amendment of ss 104A, 117 and 134A ....................-. Amendment of s 134C (Reconsideration of decision by chief executive or commissioner) ............ 0.00 e ee eee eee eee Amendment of Transport Infrastructure Act 1994 Actamended ........... 00. c eect tees 777778779780781781782 783784784 785 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 1719 1723 Part 5 1725Part 6 1729 Contents Replacement of s 56 (Information in s 54 gazette notice about a declaration)... 0.0... 6c 56 Information in s 54 gazette notice about a declaration Amendment of s 57 (Information in s 54 gazette notice about new or replacement policy).............. 0.02 eee eee Amendment of s 58 (Amendment of policy for a limited access road in limited circumstances) ..............0 000 e eee eee Amendment of s 67 (Notice of decision under s 62(1)) ........ Amendment of s 289F (Decision by port authority in relation to approval) ketenes Replacement of s 289G (Review of and appeals against decisions) ke eect eee 289G Internal review of decisions .................... 289GA External review of decisions...................- Replacement of s 485 (Review of and appeals against decisions) 485 Internal review of decisions .................... 485A External review of decisions...................- 485B Appeals against decisions .................++.- Amendment of sch 3 (Reviews and appeals)................ Amendment of sch 6 (Dictionary)................00...0008 Amendment of Transport Infrastructure (Dangerous Goods by Rail) Regulation 2008 Regulation amended ............. 0.000.000 cece eee eee Amendment of pt 18, hdg (Review and appeal of decisions)... . Replacement of s 177 (Review of and appeals against decisions) 177 Internal review of decisions .................... 177A External review of decisions.................... Amendment of sch 3 (Dictionary)................00....008 Amendment of Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Waterway transport management plan amended............. Amendment of s 18 (Take off and landing approval) .......... Amendment of s 20 (Procedure for amending, suspending or cancelling approval) .. 0.2.0... 0. cece eee eee Amendment of s 21 (Procedure for urgent suspension of approval) eee eee tee e eee Replacement of s 22 (Section 196 of Act applies for review and appeal) eect eee eee ee 22 Act, ss 485 and 485A apply for reviews........... 786 787 789790790792794794795 796 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1733 Amendment of sch 6 (Dictionary)................00...0008 797 Part 7 Amendment of Transport Infrastructure (Public Marine Facilities) Regulation 2000 1734 Regulation amended .......... 20-00 cee eee eee eee eee 798 1735 Amendment of s 41 (Procedure if approval refused or granted on condition)........ 0.0... eee eee 798 1736 Amendment of pt 3, div 6, hdg (Amending, suspending or cancelling approvals and review or appeal)................. 798 1737 Amendment of s 43 (Amending suspending or cancelling approval without application) ...................0....008 799 1738 Replacement of pt 3, div 6, sdiv 2, hdg (Review and appeal) ... 799 1739 Amendment of s 44 (Review of and appeal against decisions) .. 799 1740 Amendment of sch 4 (Dictionary)................00....008 799 Part 8 Amendment of Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 1741 Waterway transport management plan amended............. 800 1742 Amendment of s 23 (Granting or refusing application for approval) eee ee eee 800 1743 Amendment of s 25 (Procedure for amending, suspending or cancelling approval) .......... 0.00... cee eee eee 801 1744 Amendment of s 26 (Procedure for urgent suspension of approval of take off and landing approval) .................. 801 1745 Replacement of s 27 (Section 196 of Act applies for review and appeal) eee eee 801 27 Act, ss 485 and 485A apply for reviews........... 801 1746 Amendment of sch 5 (Dictionary)................00...0008 802 Part 9 Amendment of Transport Operations (Marine Pollution) Act 1747 Actamended ........... 00sec cece eee tees 802 1748 Amendment of s 115 (Recovery of discharge expenses)....... 802 1749 Replacement of s 116 (Appeals) ....................0000. 803 116 External review of decisions unders 115.......... 803 1750 Omission of s 117 (Hearing procedures) ................... 803 1751 Insertion of new pt 13B............ 0.00... 803 Part 13B Review of decisions 117M Internal review of decisions .................... 804 117N External review of decisions.................... 805 1752 Amendment of schedule (Dictionary)...................00. 805 Page 84 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Part 10 1754 Part 11 175617581761 Part 12 17631765 Part 13 1769 1772 Contents Amendment of Transport Operations (Marine Pollution) Regulation 2008 Regulation amended .......... 20-00 cee eee eee eee eee 806 Omission of pt 12, div 1, sdiv 4 (Review of and appeals against particular decisions)...................00...00 eee 806 Amendment of Transport Operations (Marine Safety) ActActamended ........... 00. c eect tees 806 Amendment of s 203 (Definitions for pt 16) ................. 806 Amendment of s 203A (Main purposes of pt 16) ............. 807 Amendment of s 203B (Review of original decision) .......... 807 Replacement of s 203C (Appeal against reviewed decision).... 808 203C External review of decisions.................... 808 Omission of s 203E (Appropriate appeal court).............. 808 Amendment of schedule (Dictionary)...................00. 808 Amendment of Transport Operations (Marine Safety) Regulation 2004 Regulation amended .......... 20-00 cee eee eee eee eee 809 Amendment of s 154 (Refusal of application for authority). ..... 809 Amendment of s 164 (Procedure for suspension or cancellation) 809 Amendment of s 165 (Action by general manager after marine incident) eee 809 Amendment of s 215 (Removal of buoy mooring on expiry, cancellation or surrender of approval) ..................0.. 810 Amendment of sch 15 (Dictionary)...............0.....00. 810 Amendment of Transport Operations (Passenger Transport) Act 1994 Actamended ........... 06. c ccc tet ee 811 Amendment of ch 10, hdg (Review of and appeals against decisions) ee eee eee 811 Replacement of s 102 (Review of and appeals against decisions) eee eee eee 811 102 Internal review of decisions .................... 811 103 External review of decisions.................... 812 104 Commissioner for Children and Young People and Child Guardian i. eee eee 813 Amendment of s 126NA (Dangerous situation notice)......... 813 Replacement of sch 2 (Reviewable decisions)............... 814 Schedule 2 Reviewable decisions Page 85 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1773 Amendment of sch 3 (Dictionary)................00....008 815 Part 14 Amendment of Transport Operations (Passenger Transport) Regulation 2005 1774 Regulation amended .......... 0.0.0 e eee eee eee eee eee 816 1775 Amendment of pt 10, hdg (Review of, and appeals against, decisions not provided for under Act, chapter 10) ............ 816 1776 Replacement of s 134 (Review of decisions) ................ 816 134 Review of decisions ................0002.. 000 816 1777 Replacement of sch 7 (Review and appeals against decisions) . 816 Schedule 7 Reviewable decisions Part 15 Amendment of Transport Operations (Road Use Management) Act 1995 1778 Actamended ........... 00. c eect tees 818 1779 Amendment of s 19 (Procedure for amending, suspending or cancelling approvals) ...........0.. 0. cee cece eee ee 818 1780 Amendment of s 19A (Cancelling suspended approval for failing to take remedial action) .................02...0000. 819 1781 Amendment of s 43 (Forfeiture of seized things) ............. 819 1782 Amendment of ch 4, hdg (Review of and appeals against decisions) keene 819 1783 Replacement of s 65 (Review of and appeals against decisions) 819 65 Internal review of decisions .................... 820 65A External review of decisions.................... 820 1784 Amendment of s 80 (Breath and saliva tests, and analysis and laboratory tests) .... 2... eee 821 1785 Amendment of s 87 (Issue of restricted licence to disqualified PErTSON) kee 821 1786 Amendment of s 122E (Notice to be given about refusal or imposition of condition)............... 0.00 e eee eee 821 1787 Amendment of s 122L (Notice to be given to crossing supervisor) wee eee 822 1788 Amendment of s 122N (Procedure for immediate suspension of authority)... 0... eee eee 822 1789 Amendment of s 131 (Appeals with respect to issue of licences CS) 822 1790 Amendment of s 153 (Exemptions) ..............0.....00. 823 1791 Amendment of s 153E (Decision on proposed action)......... 823 1792 Amendment of s 153G (Immediate suspension in the public interest) eee 824 Page 86 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1793 Amendment of s 153H (Cancelling suspended exemption for failing to take remedial action) .................00....0008 824 1794 Amendment of s 161B (Improvement notices)............... 824 1795 Amendment of s 161H (Dangerous situation notice) .......... 824 1796 Amendment of s 168AA (Effect of other administrative action in relation to fatigue regulated heavy vehicle) ................. 824 1797 Replacement of sch 3 (Reviewable decisions)............... 825 Schedule 3 Reviewable decisions 1798 Amendment of sch 4 (Dictionary)................00....008 826 Part 16 Amendment of Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 1799 Regulation amended .......... 20-00 cee eee eee eee eee 827 1800 Amendment of s 7 (Refusing application) .................. 827 1801 Amendment of s 41 (Notice of granting of accreditation)....... 827 1802 Amendment of s 43 (Notice of refusal to grant accreditation) ... 828 1803 Amendment of s 73 (Granting registration) ................. 828 1804 Amendment of s 74 (Notice of refusal to grant registration)... .. 828 1805 Replacement of s 112 (Review of decisions) ................ 828 112 Review of decisions ................0002.. 000 828 1806 Replacement of sch 7 (Reviewable decisions)............... 829 Schedule 7 Reviewable decisions 1807 Amendment of sch 9 (Dictionary)................00...0008 829 Part 17 Amendment of Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008 1808 Regulation amended .......... 20-00 cee eee eee eee eee 830 1809 Amendment of pt 19, hdg (Review and appeal of decisions).... 830 1810 Replacement of s 220 (Review of and appeals against decisions) kee eee 830 220 Internal and external review of decisions.......... 830 1811 Amendment of sch 4 (Dictionary)................00....008 831 Part 18 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 1812 Regulation amended .......... 20-00 cee eee eee eee eee 831 1813 Amendment of s 14Ad (Taking of practical driving test to be eligible for class C P1 provisional licence).................. 832 1814 Amendment of ss 16, 33 and 338A ............2.2-0000000- 832 1815 Amendment of s 30G (Persons who are eligible, or not eligible, to apply for order)... 2... ee eee 832 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1816 Amendment of s 30U (Persons who are eligible, or not eligible, to apply for order)... 2... ee eee 832 1817 Amendment of s 38 (Reconsideration of decision by chief EXECUTIVE) ee eee eee 832 Part 19 Amendment of Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 1818 Regulation amended .......... 0.0.0 e eee eee eee eee eee 835 1819 Amendment of s 155 (Amendment, suspension or cancellation of class work and rest hours exemption) ................... 835 1820 Amendment of pt 7, div 4, hdg (Review and appeal of decisions) 836 1821 Amendment of s 185 (Review of original decision) ........... 836 1822 Replacement of s 186 (Appeal against reviewed decision) .... . 836 186 External review of decisions.................... 836 1823 Replacement of sch 4, hdg (Review and appeal)............. 837 1824 Amendment of sch 6 (Dictionary)................00...0008 837 Part 20 Amendment of Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999 1825 Regulation amended .......... 20-00 cee eee eee eee eee 838 1826 Replacement of s 66 (Review of decisions) ................. 838 66 Review of decisions ................020-..008 838 Part 21 Amendment of Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation1827 Regulation amended .......... 20-00 cee eee eee eee eee 839 1828 Replacement of s 44 (Review of decisions) ................. 839 44 Review of decisions ................020-..008 839 Part 22 Amendment of Transport Planning and Coordination Act1829 Actamended ........... 00. c eect tees 840 1830 Amendment of s 29 (What part applies to).................. 840 1831 Amendment of s 30 (Definitions) .................2....00. 840 1832 Amendment of s 32 (Stay of operation of original decision). .... 840 1833 Amendment of s 34 (Decision on review)................... 841 1834 Insertion of news 384A... 1. eee 842 34A Application of div3..................00 0022 842 1835 Omission of s 36DA (Commissioner for Children and Young People and Child Guardian)................000...0000005 842 Page 88 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Part 1 1839 1841 Part 21843 Part 3184618491851 Contents Department of Treasury Amendment of Community Ambulance Cover Act 2003 Actamended ........... 00. c eect tees 843 Amendment of s 92B (Special provision for notification of hot water system exemption for power card arrangement instead Of S 92(3) and (4)).. 0... ee eee 843 Amendment of s 131 (Notice of decision) .................. 843 Replacement of pt 9, div 2 (Appeals)..................000. 843 Division 2 Reviews by QCAT 132 Applications for review of decisions .............. 844 133 QCAT to decide review on evidence before the commissioner. ... 0.0.2.6... cee eee eee eee eee 844 134 Representation of parties before QCAT........... 845 Amendment of s 139 (Effect of a non-reviewable decision) ..... 845 Amendment of s 148 (Evidentiary provision for statements of levy liability)... 0... ee eee 845 Amendment of Debits Tax Repeal Act 2005 Actamended ........... 06. c ccc tet ee 846 Amendment of s 5 (Saving provision for pre-repeal debits) ..... 846 Insertion of new Ss 8-10 ... 00... eee eee 846 8 Effect of making reassessment after review started.. 847 9 Proceedings for a review by QCAT............... 847 10 Transfer of appeals from Supreme Court only with Consent — eee eee eee 848 Amendment of Duties Act 2001 Actamended ........... 06. c ccc tet ee 849 Amendment of s 5 (Relationship of Act with Administration Act). 849 Amendment of s 411 (Application for exemption for dutiable transaction or relevant acquisition).....................05. 849 Replacement of ch 13, hdg (Review and appeals)............ 849 Amendment of ch 13, pt 1, hdg (Reviews).................. 850 Amendment of s 474 (Notice of review decision)............. 850 Replacement of ch 13, pt 2 (Appeals) .................000. 850 Part 2 Reviews by QCAT 475 Applying for review by QCAT of a review decision... 850 476 QCAT to decide external review on evidence given in the proceeding for the review................. 850 477 Representation of parties before QCAT........... 851 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents Part 4185318551857 Part 518591861 Part 6186518681870 Page 90 Amendment of Financial Intermediaries Act 1996 Actamended ........... 00. c eect tees Amendment of pt 12, hdg (Review of decisions and appeals) . . . Amendment of pt 12, div 1, hdg (Review of decisions) ........ Amendment of s 203 (Affected person may apply for review) .. . Amendment of s 205 (Decision on review).................. Replacement of pt 12, div 2 (Appeals against review decisions) . Division 2 External review of decisions by QCAT 206 Affected person may apply for external review by QCAT — eee 207 Tribunal to decide review on evidence before the chief executive ... 0... eee eee eee 208 Tribunal may give leave for review to be decided on new evidence in particular circumstances ......... Amendment of First Home Owner Grant Act 2000 Actamended ........... 00. c eect tees Amendment of s 50 (Effect of writing off liability)............. Amendment of pt 5, hdg (Objections and appeals) ........... Amendment of s 58 (Notice of decision) ................... Replacement of pt 5, div 2 (Appeals).................0000. Division 2 Review of decision on objections 59 Right of review by QCAT..............00...000. 60 QCAT to decide review on evidence before the commissioner. .........- 00 c eee eee eee eee 61 Representation of parties before QCAT........... Amendment of s 68 (Offence to disclose confidential information) ke eects Amendment of Fuel Subsidy Act 1997 Actamended ........... 00. c eect tees Amendment of ch 5, pt 4, hdg (Reviews and appeals)......... Replacement of ch 5, pt 4, div 2, hdg (Reviews and appeals under this Act) 1.2.0.2... 0. cece cece eee Amendment of s 117 (Definitions for div 2) ................. Amendment of s 120 (Who may apply for review) ............ Amendment of s 122 (Review decision)..................-. Replacement of ch 5, pt 4, div 2, sdiv 3 (Appeals)............ Subdivision 3. External review of decision 123 Who may apply for review by QCAT.............. 852852853 855855857 857 858858 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Part 71874 Part 81876Part 91880 1887 Contents 124 No stay of operations of decisions ............... 859 125 QCAT to decide review on evidence before the commissioner. .........- 00 c eee eee eee eee 859 126 Representation of parties before QCAT........... 860 Amendment of s 141A (Refusal to disclose particular information) eee ee 860 Replacement of sch 1 (Decisions subject to review and appeal). 860 Schedule 1 Decisions subject to review Amendment of Motor Accident Insurance Act 1994 Actamended ........... 00. c eect tees 862 Replacement of s 68 (Appeals against the commission's decisions) wee eee 862 68 Review of the commission's decisions by QCAT .... 863 Amendment of Pay-roll Tax Act 1971 Actamended ........... 00. c eect tees 863 Amendment of s 8 (Relationship of Act with Administration Act). 863 Amendment of s 104 (This Act as a revenue law for the Administration Act)... 0.0.0.0... eee ee eee 863 Amendment of schedule (Dictionary)...................00. 864 Amendment of Taxation Administration Act 2001 Actamended ........... 00. c eect tees 864 Amendment of s 17 (Commissioner's general power to make reassessments) ....... 0.000. c ce eee 864 Amendment of s 19 (When commissioner must make reassessment—objections or court decisions)............... 865 Amendment of s 20 (Legal interpretations and practices applying to particular reassessments) ..................05. 865 Amendment of s 23 (Limitation period does not apply to particular reassessments) ............. 0000 cece eee ee 865 Amendment of s 61 (Interest on particular overpayments following court's decision). ... 2.0.0.2... 000... c eee eee eee 866 Amendment of pt 6, hdg (Objections and appeals against assessments) 6... eee eee 866 Amendment of s 68 (Notice of decision) ................... 866 Replacement of pt 6, div 2 (Appeals).................0000. 867 Division 2 Appeals and reviews Subdivision 1 Right of appeal or review 69 Right of appeal or review ...................05. 867 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Contents 1889 1891 Part 101894 Page 92 69A Effect of making reassessment after appeal or review started ww. ee eee Subdivision 2 Appeals to the Supreme Court 70 How to start appeal to the Supreme Court......... 70A Onus on appeal ............... 000. e eee eee 70B Admissibility of new evidence................... 70C Deciding appeal ............ 0.2... ce eee eee Subdivision 3 = Reviews by QCAT 71 QCAT to decide review on evidence before the commissioner..........0.. 0.000. 72 Representation of parties before QCAT........... 73 Onus on review... .. 2... 2. eee Amendment of s 76 (Effect of non-reviewable decisions)....... Amendment of s 113 (Refusal of disclosure of particular information) ke eects Amendment of s 132 (Evidentiary provisions for assessments). . Amendment of s 157 (Repealed Stamp Act is revenue law for particular provisions) ........... 00... e eee eee eee Insertion of new pt 14......... 00... e eee eee Part 14 Transitional provision for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 165 Transfer of appeals from Supreme Court only with consent — ke eee eee eee ee Amendment of Taxation Administration Regulation 2002 Regulation amended ............. 0.000.000 cece eee eee Amendment of s 11 (Non-application of s 147 of Act) ......... 869870 871871 872 872 873 A Bill for An Act to make consequential and other amendments of various Acts that relate to the jurisdiction of the Queensland Civil and Administrative Tribunal Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 1 Preliminary Part 1 Amendment of Adoption of Children Act 1964 [s 1] The Parliament of Queensland enacts— Chapter 1 Preliminary 1 Short title This Act may be cited as the Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009. 2 Commencement This Act, other than the following provisions, commences on a day to be fixed by proclamation— (a) chapter 5, part 74; (b) chapter 9, parts 11 and 12; (c) chapter 9, part 25. Chapter 2 Department of Communities Part 1 Amendment of Adoption of Children Act 1964 3 Act amended This part amends the Adoption of Children Act 1964. Page 94 An W ow nN 11 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 1 Amendment of Adoption of Children Act 1964 [s 4] 4 Amendment of s 6 (Definitions) Section 6, definition tribunal— omit, insert— 'tribunal means QCAT.'. 5 Amendment of s 13AA (Application for adoption of a special needs child or a child who is a relative) Section 13AA(7)— omit, insert— '(7) The notice mentioned in subsection (6) must comply with the QCAT Act, section 157(2).'. 6 Amendment of s 13AC (Inclusion of person's name in expression of interest register) Section 13AC(4)— omit, insert— '(4) The notice mentioned in subsection (3) must comply with the QCAT Act, section 157(2).'. 7 Amendment of s 13D (What happens after favourable assessment) Section 13D(1)(b), 'under the Children Services Tribunal Act 2000, section 38(1)(b),'— omit, insert— "under the QCAT Act, section 23(2)(b),'. 8 Amendment of s 13E (Ineligibility after person's name entered in assessment register) Section 13E(4)— omit, insert— Page 95 BR WN oo mn aN Dun fF WNK 24 26 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 1 Amendment of Adoption of Children Act 1964 [s 9] '(4) The notice mentioned in subsection (3) must comply with the QCAT Act, section 157(2).'. 9 Amendment of s 14D (Reviews by tribunal about adoption lists, expression of interest register, assessment register and assessments) Section 14D(2), 'apply to'— omit, insert— 'apply, as provided under the QCAT Act, to'. 10 Amendment of s 33 (Making of interim orders) (1) Section 33(1), 'or the tribunal' — omit. (2) Section 33(1), 'or tribunal'— omit. 11 Insertion of new pt 3A After section 35— insert— 'Part 3A Tribunal proceedings 'Division 1 Preliminary 36 Application of pt 3A 'This part applies to a proceeding before the tribunal that relates to the adoption of children. Page 96 orn n MPW NR WwW NF O&O NY Dum s 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 1 Amendment of Adoption of Children Act 1964 [s 11] *36A Definitions for pt 3A 'In this part— president means the president under the QCAT Act. registrar means the principal registrar under the QCAT Act. review application means an application made, as provided under the QCAT Act, for review of a reviewable decision by the tribunal. separate representative see section 36H(2). support person means a person allowed by the tribunal under the QCAT Act, section 91 to attend a hearing for the purpose of supporting a party or witness. *36B Object of pt 3A 'The object of this part is to provide for the tribunal— (a) to make decisions, in a review about the eligibility or suitability of a prospective adoptive parent, that promote the welfare and interests of children who may be adopted by them; and (b) to conduct proceedings in a way that uses adversarial and inquisitorial procedures, as appropriate, to arrive at the best possible decision in the circumstances; and (c) to foster an atmosphere of review that enhances the delivery of adoption services to children. *36C Principles for tribunal in matters relating to this Act "When exercising its jurisdiction, functions or powers in relation to this Act, the tribunal must have regard to the principle mentioned in section 10. Page 97 CoM AIDNN BP WN ro NY SCOmW ADM WW 22 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 1 Amendment of Adoption of Children Act 1964 [s 11] 'Division 2 Notice of proceedings 36D Government entity may nominate decision-maker 'The department may give the registrar a notice nominating an officer or employee of the department, or the holder for the time being of an office in the department, as_ the decision-maker for an assessment or decision to be reviewed by the tribunal. 'Division 3 Tribunal proceedings '36E Constitution of tribunal Page 98 ") 2) 'B) (4) The tribunal must be constituted by 3 members with at least 1 legally qualified member. However, if the tribunal is constituted for a compulsory conference, the tribunal may be constituted by only 2 members, with at least 1 legally qualified member. If a child to which a proceeding before the tribunal relates is Aboriginal or Torres Strait Islander, the tribunal hearing the proceeding must include, if practicable, a member who is Aboriginal or Torres Strait Islander. The president may choose a member to constitute the tribunal for a proceeding before the tribunal only if the president considers the member— (a) is committed to the principle mentioned in section 10; and (b) _ has extensive professional knowledge and experience of children; and (c) has demonstrated a knowledge of and has experience in 1 or more of the fields of administrative review, child care, child protection, child welfare, community ADMNHRW WV \o NX SCO OADM PWN FO N — NN Wh Nw ns NNW ona Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 "O) (6) Chapter 2 Department of Communities Part 1 Amendment of Adoption of Children Act 1964 [s 11] services, education, health, indigenous affairs, law, psychology or social work. A member is ineligible to be a constituting member for a review of a reviewable decision if the member— (a) has been refused a certificate of approval, or a renewal of a certificate of approval, as an approved carer; or (b) has had a certificate of approval as an approved carer cancelled. In this section— legally qualified member has the meaning given by the QCAT Act. member has the meaning given by the QCAT Act. *36F Hearing must usually be held in private ") 2) 'B) A hearing of a proceeding before the tribunal to which this part applies must be held in private. However, the following are entitled to be present at the proceeding— (a) each party to the proceeding; (b) if, under an Act, a party is entitled to be represented by someone else at the proceeding, the party's representative; (c) a separate representative representing a child in the proceeding; (d) a witness while giving evidence; (e) a support person for a witness, while the witness is giving evidence; (f) a person allowed to be present by the tribunal. This section is subject to section 36M(3) and the QCAT Act, section 220. Page 99 C0 ON DN FW NK Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 1 Amendment of Adoption of Children Act 1964 [s 11] Editor's note— QCAT Act, section 220 (Tribunal may exclude person) 'Division 4 Children in tribunal proceedings *36G Requirements about ensuring proper understanding of tribunal proceedings 'In addition to the QCAT Act, section 29 the tribunal must take all reasonable steps to ensure each child taking part in a proceeding before the tribunal understands the tribunal's procedures. '36H Separate representation of children ") 2) 'B) (4) "O) (6) Page 100 This section applies if a proceeding before the tribunal is about the suitability of a person to be an adoptive parent of a particular child. The tribunal must consider whether it would be in the child's best interests for the child to be separately represented before the tribunal by a lawyer (a separate representative). If the tribunal considers it would be in the child's best interests for the child to be separately represented before the tribunal by a lawyer, the tribunal must order that the child be represented by a separate representative. A separate representative may represent more than 1 child in the same proceeding before the tribunal. A separate representative must— (a) act in the child's best interests having regard to any expressed views or wishes of the child; and (b) as far as possible, present the child's views and wishes to the tribunal. For the QCAT Act, a separate representative has the same rights and obligations as a party to the review. COMANDHD WH NY SCOmANI ANH WNFY CO NW Noe N w NN ns Nw NO NN \o 0 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 1 Amendment of Adoption of Children Act 1964 [s 11] 361 Children must not be compelled to give evidence ") 2) 'B) A child must not be compelled to give evidence in a proceeding before the tribunal. Without limiting subsection (1), the tribunal may not require a child to do either of the following under the QCAT Act, section 97(1)— (a) attend a hearing of a proceeding to give evidence; (b) produce a stated document or other thing to the tribunal. Before a child gives evidence in a proceeding before the tribunal, the tribunal must satisfy itself that the child is willing to give the evidence. *36J Child's right to express views to tribunal ") 2) This section applies if a proceeding before the tribunal is about the suitability of a person to be an adoptive parent of a particular child. Whether or not the child appears as a witness before the tribunal, the child has the right to express his or her views to the tribunal about matters relevant to the review. "36K Children giving evidence or expressing views to tribunal ") 2) This section applies if a child is giving evidence or expressing the child's views to the tribunal. Only the following persons may be present while the child gives evidence or expresses the child's views— (a) _ the constituting members; (b) _ the lawyer, if any, representing the child; (c) _ the separate representative, if any, for the child; (d) the child's support person if the child has a support person and agrees to that person's presence. Page 101 CoO mMmAN ANH WN re Oo AID NAHwW WV 22 24 2629 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 1 Amendment of Adoption of Children Act 1964 [s 11] 'B) Despite subsection (2), the child may elect to give evidence or express the child's views in the presence of the parties and their representatives if the child— (a) is 12 years or more; and (b) is represented by a lawyer or a separate representative. *36L Questioning of children '1) A child giving evidence or expressing the child's views in a proceeding before the tribunal must not be cross-examined. '(2) Also, only the following persons may ask questions of a child giving evidence or expressing the child's views in a proceeding— (a) _ the constituting members; (b) _ the lawyer, if any, representing the child; (c) _ the separate representative, if any, for the child. 'Division 5 Confidentiality '36M Confidentiality order ") 2) 'B) Page 102 The tribunal may, by order (a confidentiality order), prohibit or restrict the disclosure to a party to a proceeding before the tribunal all or some of the evidence given before the tribunal, or of the whole or part of the contents of a document given to, or received in evidence by, the tribunal for the review. Subsection (3) applies for the purpose of the tribunal— (a) deciding whether to make a confidentiality order; or (b) giving effect to a confidentiality order. The tribunal may— (a) exclude a party, and any representative of the party, from part of the proceeding before the tribunal; or 0 ON DW nA FF WNre RW NY FO nn iS) COMN DD 222427 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 '36N (4) "O) (6) Chapter 2 Department of Communities Part 1 Amendment of Adoption of Children Act 1964 [s 11] (b) deal with a document in a way that ensures it is not disclosed to a party. The tribunal may make a confidentiality order only if it is satisfied that if it does not do so— (a) achild is likely to be harmed; or (b) _ the safety of another person is likely to be endangered; or (c) there would be undue interference with the privacy of a child or another person. The tribunal may act under subsection (1) on its own initiative or on application by a party to the proceeding before the tribunal. A confidentiality order does not act to prohibit or limit the disclosure of material to a separate representative in a proceeding before the tribunal. Limited access to tribunal's register of proceedings ") 2) 'B) This section applies to the register of proceedings kept by the principal registrar under the QCAT Act, section 229(1). Despite the QCAT Act, section 229(2) the principal registrar must ensure that part of the register which relates to proceedings before the tribunal to which this part applies is not available for inspection by the public. The QCAT Act, section 229(4) does not apply to that part of the register which relates to proceedings before the tribunal to which this part applies. Limited access to tribunal's record of proceedings ") This section applies to a record kept under the QCAT Act, section 230 for a proceeding before the tribunal to which this part applies. Page 103 COMA ND NN BPW NR ABW NRO ona 22 2428 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 1 Amendment of Adoption of Children Act 1964 [s 11] 2) Despite the QCAT Act, section 230(3) a person who is not a party to the proceeding may not inspect, or obtain a copy of, the record or a part of the record. *36P Certain information not to be published ") 2) 'B) Page 104 A person must not publish— (a) information given in evidence or otherwise in a proceeding before the tribunal; or (b) information that is likely to identify a person who— (i) appears as a witness before the tribunal in a proceeding; or (ii) is a party to the proceeding; or (iii) is mentioned, or otherwise involved, in the proceeding. Maximum penalty— (a) for a corporation—1000 penalty units; or (b) for an individual—100 penalty units or 2 years imprisonment. Subsection (1)(a) does not apply to— (a) a person if the tribunal or the president of the tribunal consents to the publication of the information by the person; or (b) _ the tribunal publishing its final decision in a proceeding, with or without the reasons for the decision. The tribunal or the president may only consent to the publication as mentioned in subsection (2) if the tribunal or the president is satisfied the publication of the information— (a) is in the public interest; and (b) does not conflict with the best interests of the child. WNrR Co WAND MN FS CorAIN NN FB WN KF CO Nw ro) NN Wh NNN oe NON on Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 12] '(4) In this section— 1 information includes— 2 (a) a matter contained in a document filed with, or received 3 by, the tribunal; and 4 (b) the tribunal's decision or reasons for a decision. 5 publish, for information, means to publish it to the public by 6 way of the internet, newspaper, radio, television or other form 7 of communication.'. 8 Clause 12 Amendment of s 58 (Hearings to be in camera) 9 (1) Section 58, 'or the tribunal'— 10 omit. 11 (2) Section 58, 'or tribunal'— 12 omit. 13 Part 2 Amendment of Child Protection 14 Act 1999 5 Clause 13 Act amended 6 This part amends the Child Protection Act 1999. 7 Clause 14 Amendment of s 78 (Chief executive's powers) 8 (1) Section 78(2)— omit, insert— 20 '(2) The notice mentioned in subsection (1) must comply with the 21 QCAT Act, section 157(2).'. 22 Page 105 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 15] (2) (4) Section 78(4)— omit, insert— The tribunal may not stay the operation of the decision under the QCAT Act, section 22(3).'. Clause 15 Amendment of s 86 (Chief executive to notify parents of placing child in care—child protection order) (1) Section 86(2)(c) and (d)— omit, insert— (2) "(c) (d) (e) the child or child's parent may apply to the tribunal to have the decision reviewed; how, and the time within which, the child or child's parent may apply to have the decision reviewed; any right the child or child's parent has to have the operation of the decisions stayed.'. Section 86(5)(c) and (d)— omit, insert— "(c) (d) (e) the child or child's parent may apply to the tribunal to have the decision reviewed; how, and the time within which, the child or child's parent may apply to have the decision reviewed; any right the child or child's parent has to have the operation of the decisions stayed.'. Clause 16 Amendment of s 87 (Chief executive to provide contact between child and child's parents) Section 87(4)— omit, insert— (4) Page 106 The notice mentioned in subsection (3) must comply with the QCAT Act, section 157(2).'. BW N onmn an CN NN FW NF CO NX ow NW NOR 24 26 28 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 17] 17 Amendment of s 90 (Notice of removal from care) (1) Section 90(3)(b)(ii) and (iii) — omit, insert— 'Gi) how, and the time within which, the carer may apply to have the decision reviewed; and (iii) any right the carer has to have the operation of the decisions stayed.'. (2) Section 90(4)(c) and (d)— omit, insert— '(c) how, and the time within which, the child may apply to have the decision reviewed; and (d) any right the child has to have the operation of the decisions stayed.'. 18 Insertion of new ch 2A After section 99— insert— 'Chapter 2A_ Tribunal proceedings 'Part 1 Preliminary '99A Application of ch 2A 'This chapter applies to a proceeding before the tribunal that relates to this Act. '99B Definitions for ch 2A 'In this chapter— president means the president under the QCAT Act. Page 107 Co MOAID NAB WN WN Fo NY AWN Ss 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] registrar means the principal registrar under the QCAT Act. reviewable decision includes a reviewable decision under the Commission for Children and Young People and Child Guardian Act 2000, section 140A. review application means an application made, as provided under the QCAT Act, for review of a reviewable decision by the tribunal. separate representative see section 99Q(3). support person means a person allowed by the tribunal under the QCAT Act, section 91 to attend a hearing for the purpose of supporting a party or witness. *99C Object of ch 2A 'The object of this chapter is to provide for the tribunal— (a) to make decisions in a review that promote the welfare and best interests of the child about whom the reviewable decision was made; and (b) to conduct proceedings in a way that uses adversarial and inquisitorial procedures, as appropriate, to arrive at the best possible decision in the circumstances; and (c) to foster an atmosphere of review that enhances the delivery of services to children. '99D _ Principles for tribunal in matters relating to Page 108 this Act 'In exercising its jurisdiction, functions or powers in relation to this Act, the tribunal must have regard to the principles mentioned in section 5. Co MWANIDN BWN ro Po OMNI ANF WW Nw 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 'Part 2 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] Tribunal proceedings '99E Registrar to give notice of review application ") 2) 'B) (4) "O) (6) 7) The registrar must give notice of a review application to the decision-maker. Within 7 days after receiving the notice, the decision-maker must give the registrar notice of the names and addresses of all persons, apart from the applicant— (a) who are entitled to apply for a review of the reviewable decision concerned; and (b) of whom the decision-maker is aware. The tribunal may shorten the period for giving the decision-maker's notice to the registrar. The tribunal may act under subsection (3) only if satisfied that not to do so will result in a child's interests being adversely affected or another party to the review suffering hardship. For subsection (2), a person's entitlement to apply for a review is taken to be unaffected by the ending of the period of 28 days mentioned in the QCAT Act, section 33(3). Immediately on receipt of the decision-maker's notice, the registrar must give an information notice to each person named in the decision-maker's notice. The information notice must state— (a) details of the review application; and (b) that the person may elect to become a party to the review and the period within which the notice of election must be filed under section 99ZB; and (c) how the person may elect to become a party to the review. Page 109 om nnn FW WN NY SCO OAD NSW NF CO NY NR WN WN NNN oe NN on Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] '99F Review applications by commissioner ") 2) 'B) This section applies if the applicant for a review application is the commissioner. The review application must be made within 28 days after the commissioner gives notice under the Commission for Children and Young People and Child Guardian Act 2000, section 140B(4) to the chief executive about the reviewable decision. In this section— commissioner means the Commissioner for Children and Young People and Child Guardian established under the Commission for Children and Young People and Child Guardian Act 2000. '99G Government entity may nominate decision-maker 'The department may give the registrar a notice nominating an officer or employee of the department, or the holder for the time being of an office in the department, as_ the decision-maker for a review. '99H Constitution of tribunal ") 2) 'B) (4) Page 110 The tribunal must be constituted by 3 members with at least 1 legally qualified member. However, if the tribunal is constituted for a compulsory conference, the tribunal may be constituted by only 2 members, with at least 1 legally qualified member. If a child to which a proceeding before the tribunal relates is Aboriginal or Torres Strait Islander, the tribunal hearing the proceeding must include, if practicable, a member who is Aboriginal or Torres Strait Islander. The president may choose a member to constitute the tribunal for a proceeding to which this part applies only if the president considers the member— CO MOANDMNH WN WNr Oo OADM fF 21 232628 30 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 "O) (6) Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] (a) is committed to the principles mentioned in section 5; and (b) _ has extensive professional knowledge and experience of children; and (c) has demonstrated a knowledge of and has experience in 1 or more of the fields of administrative review, child care, child protection, child welfare, community services, education, health, indigenous affairs, law, psychology or social work. A member is ineligible to be a constituting member for a review of a reviewable decision if the member— (a) has been refused a certificate of approval, or a renewal of a certificate of approval, as an approved carer; or (b) has had a certificate of approval as an approved carer cancelled. In this section— legally qualified member has the meaning given by the QCAT Act. member has the meaning given by the QCAT Act. '991 Power of tribunal to stay operation of decision limited in particular circumstances ") 2) This section applies if the tribunal is constituted by less than 3 members for a compulsory conference. The tribunal may, under the QCAT Act, section 22(3), only make an order staying the operation of a reviewable decision if the relevant decision-maker for the reviewable decision does not oppose the staying of the decision's operation. Page 111 COANDN BPW NK CAND UNF WN KO 23 2527 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] '99J Proceedings relating to this Act must usually be held in private ')_ A hearing of a proceeding before the tribunal to which this part applies must be held in private. '(2) However, the following are entitled to be present at the proceeding— (a) each party to the proceeding; (b) if, under an Act, a party is entitled to be represented by someone else at the proceeding, the party's representative; (c) a separate representative representing a child in the proceeding; (d) a witness while giving evidence; (e) a support person for a witness, while the witness is giving evidence; (f) a person allowed to be present by the tribunal. '(3) This section is subject to the QCAT Act, section 220. Editor's note— QCAT Act, section 220 (Tribunal may exclude person) '99K When proceeding may be held in public 'Despite section 99J, the tribunal may allow a proceeding before the tribunal to be held in public if information identifying, or likely to lead to the identification of, a particular child will not be given in the proceeding. '99L Adjournments '(1)_ In considering whether to adjourn a proceeding before the tribunal involving a child, the tribunal must take into account any impact that adjourning the proceeding will have on the child. Page 112 Om NI DAN BW NR OMANI HD NF W NF CO 2224 2729 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 2) Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] When it adjourns a proceeding, the tribunal must— (a) give reasons for the adjournment; and (b) _ state any matters it requires a party to the proceeding to address during the adjournment; and (c) give directions and make orders it considers necessary or desirable. '99M When matter before court ") 2) 'B) (4) "O) (6) Subsection (2) applies if— (a) areview application is before the tribunal; and (b) some or all the matters to which the reviewable decision relates are also before a court. The president must suspend the tribunal's review if the president considers— (a) _ the court's decision about the matters would effectively decide the same issues to be decided by the tribunal; and (b) _ the matters will be dealt with quickly by the court. If the president acts under subsection (2), the court decides the matters and the decision effectively decides the issues before the tribunal, the president must dismiss the review application. Subsection (5) applies if— (a) _ the president has suspended the tribunal's review; and (b) _ the matters have not been decided by the court. The president may cancel the suspension and the tribunal may continue to deal with the review application. The president may act under subsection (2), (3) or (5) on the president's own initiative or on application by a party to the review. Page 113 Dun BW NY on CAN HD NH WN KO Nw WY NF Oo NN BW Now AUDAN Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] '99N Compulsory conferences '(1)_ This section applies to a compulsory conference under the QCAT Act to which the parties to a proceeding before the tribunal have been directed to attend by the tribunal or principal registrar. '(2) In addition to anything the person presiding over the conference may do under the QCAT Act, the person may do 1 or more of the following— (a) identify information to be given to the tribunal by the parties; (b) _ give the parties information about the tribunal's practice and procedures; (c) refer the parties to alternative dispute resolution. '(3) Also, the person presiding over the conference may meet with a party separately— (a) if the person considers doing so may avoid the escalation of conflict between the parties; or (b) _ if the party is a child and the person considers doing so is in the child's best interests having regard to the child's views and wishes. 'Part 3 Children in tribunal proceedings '990 Requirements about ensuring proper understanding of tribunal proceedings '(1)_ In addition to the QCAT Act, section 29 the tribunal must take all reasonable steps to ensure each child taking part in a proceeding before the tribunal, who is not a party to the proceedings, understands the tribunal's procedures. Page 114 C0 OANAD NPWN NY SOD ANAD NFP W NK CO 22 24 2628 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 2) Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] Also, a child entitled to start, or participate in, a proceeding before the tribunal— (a) should be given the information and help necessary for the child to do so; and (b) should have access to appropriate representation. '99P Review applications on behalf of children '99Q ") 2) 'B) (4) A person may file a review application on behalf of a child only with the president's permission. The president may give permission only if the president considers— (a) _ the person is not, on the person's own behalf, entitled to apply for the decision to be reviewed by the tribunal; and (b) it is in the child's best interests that the application be made; and (c) it would be inappropriate for, or unreasonable to require, the child to make the application himself or herself. An applicant may withdraw a review application filed on behalf of a child only with the permission of the president or the tribunal. The president or tribunal may give permission under subsection (3) only if the president or tribunal considers that, having regard to the child's views or wishes, if any, it is in the child's best interests that the application be withdrawn. Separate representation of children ") 2) This section applies if a reviewable decision is about a child and the decision is the subject of a review application. Also, this section applies whether or not the child— (a) is a party to a proceeding before the tribunal; or Page 115 nA BW Ne o OND NX COM AND NS WNF OC NNNNW BRWNF 27 29 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] 'B) (4) "O) (6) TM) (b) is represented by a lawyer or someone else under the QCAT Act, section 43. The tribunal must consider whether it would be in the child's best interests for the child to be separately represented under this section before the tribunal by a lawyer (a separate representative). If the tribunal considers it would be in the child's best interests for the child to be separately represented under this section before the tribunal by a lawyer, the tribunal must order that the child be represented by a separate representative. A separate representative may represent more than 1 child in the same proceeding before the tribunal. A separate representative must— (a) act in the child's best interests having regard to any expressed views or wishes of the child; and (b) as far as possible, present the child's views and wishes to the tribunal. For the QCAT Act, a separate representative has the same rights and obligations as a party to the review. '99R Separate representative must not be called to give evidence 'A separate representative must not, in any proceeding before the tribunal, be called to give evidence, and if called must not give evidence, about a communication between the representative and the child for whom the representative was appointed. '99S Representation of children ") Page 116 This section applies if a party to a proceeding before the tribunal is a child who is represented by a separate representative under section 99Q. COMI ADAUNBW NR Com AD WH Ww NY CO 232529 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] '(2) In the proceeding, the party may also be represented by a lawyer or someone else under the QCAT Act, section 43. '99T Children must not be compelled to give evidence 'd) A child must not be compelled to give evidence in a proceeding before the tribunal. '(2) Without limiting subsection (1), the tribunal may not require a child to do either of the following under the QCAT Act, section 97(1)— (a) attend a hearing of a proceeding to give evidence; (b) produce a stated document or other thing to the tribunal. '(3) Before a child gives evidence in a proceeding, the tribunal must satisfy itself that the child is willing to give the evidence. '99U Child's right to express views to tribunal '(1)_ This section applies if a reviewable decision is about a child and the decision is being reviewed by the tribunal. '(2) Whether or not the child is a party to the review or appears as a witness before the tribunal, the child has the right to express his or her views to the tribunal about matters relevant to the review. '99V Children giving evidence or expressing views to tribunal '(1) _ This section applies if a child is giving evidence or expressing the child's views to the tribunal. '(2) Only the following persons may be present while the child gives evidence or expresses the child's views— (a) _ the constituting members; (b) _ the lawyer, if any, representing the child; (c) _ the separate representative, if any, for the child; Page 117 CO MOND NAH W N N COMAND WH W 23 25 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] 'B) (d) the child's support person if the child has a support person and agrees to that person's presence. Despite subsection (2), the child may elect to give evidence or express the child's views in the presence of the parties and their representatives if the child— (a) is 12 years or more; and (b) is represented by a lawyer or a separate representative. '99W Questioning of children ") 2) A child giving evidence or expressing the child's views in a proceeding before the tribunal must not be cross-examined. Also, only the following persons may ask questions of a child giving evidence or expressing the child's views in a proceeding— (a) _ the constituting members; (b) _ the lawyer, if any, representing the child; (c) _ the separate representative, if any, for the child. '99X Provisions applying if party to review is a child who is a parent of the child about whom the reviewable decision was made ") 2) 'B) Page 118 This section applies if— (a) a party to a proceeding before the tribunal to have a reviewable decisions reviewed is— (i) achild; and (ii) a parent of the child about whom the reviewable decision was made; and (b) in the proceeding the parent elects to give evidence. Sections 99V and 99W do not apply to the parent. Before the parent gives evidence, the tribunal must tell the parent that— co ow ND UBW NR nN FB WNK CO 'oon 22 25 27 29 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 'Part 4 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] (a) he or she may be cross-examined by the tribunal or a party to the proceeding; and (b) he or she may, at any time while the cross-examination is continuing, refuse to be further cross-examined; and (c) if he or she acts under paragraph (b), this may affect the weight given by the tribunal to his or her evidence. Medical examinations '99Y President or tribunal may authorise medical examination of child ") 2) 'B) (4) For a review, the president or the tribunal may, by order, authorise a medical examination of a child and require a report of the examination to be filed with the registrar. The order must state the particular issues the report must address. The president or tribunal must not make the order unless the president or tribunal is satisfied— (a) the medical information, if any, available to the tribunal about the child is insufficient to allow the tribunal to decide the review; and (b) _ the child's interests will be best served by making the order. In deciding whether the child's interests will be best served by making the order, the president or tribunal must consider the child's views and wishes, if any, and the effect the medical examination may have on the child having regard to the number and frequency of any previous medical examinations the child has undergone. Page 119 Dun PW Ne \o oo CAN DANN FW NYKO Nw ro NONNNN NADNBRWNY Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] '99Z Carrying out medical examinations ") 2) 'B) (4) "O) 'Part 5 This section applies if an order under section 99Y authorises a child's medical examination. A doctor may medically examine the child. Subsection (2) applies even though the child's parents or guardian has not consented to the examination. However, subsection (2) is subject to the rights the child has in relation to the examination. For deciding any liability in relation to the carrying out of the examination, the doctor is taken to have the consent of the child's parents or guardian to the examination. Parties '99ZA Parties to review 'The parties to a review are— (a) the applicant for the review; and (b) the decision-maker; and (c) a person who elects to become a party under section 99ZB; and (d) a person joined as a party under section 99ZC. '99ZB Certain persons may elect to become parties ") 2) Page 120 This section applies to a person who is given an information notice under section 99E(6). The person may elect to become a party to the review to which the notice relates by filing a notice of election with the registrar. PrP OO ON DAMN FP WN ro 0 ON WD Nn fF WW 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 'B) (4) "O) Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] The notice of election must be filed with the registrar within 7 days after the person receives the information notice. The tribunal may shorten the period for filing the notice of election. The tribunal may act under subsection (4) only if satisfied that not to do so will result in a child's interests being adversely affected or another party to the review suffering hardship. '99ZC Joinder of person as party to review ") 2) 'B) (4) 'Part 6 The tribunal may join a person as a party to a review if it is satisfied the person is genuinely concerned in the subject matter of the review. However, if the review concerns a child, the tribunal may not join a person as a party unless it is satisfied that to do so would be in the child's best interests. The tribunal may join a person as a party to the review on its own initiative or on application by the person. The tribunal may join a person as a party to the review at any time before the review application is finally decided by the tribunal. Confidentiality '99ZD Confidentiality order ") 2) The tribunal may, by order (a confidentiality order), prohibit or restrict the disclosure to a party to a proceeding before the tribunal of all or some of the evidence given before the tribunal, or of the whole or part of the contents of a document given to, or received in evidence by, the tribunal for the review. Subsection (3) applies for the purpose of the tribunal— Page 121 ADM BPW NF \o ow COMI AN FWN KO 232527 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] 'B) (4) "O) (6) (a) deciding whether to make a confidentiality order; or (b) giving effect to a confidentiality order. The tribunal may— (a) exclude a party, and any representative of the party, from part of the proceeding before the tribunal; or (b) deal with a document in a way that ensures it is not disclosed to a party. The tribunal may make a confidentiality order only if it is satisfied that if it does not do so— (a) achild is likely to be harmed; or (b) _ the safety of another person is likely to be endangered; or (c) there would be undue interference with the privacy of a child or another person. The tribunal may act under subsection (1) on its own initiative or on application by a party to the proceeding before the tribunal. A confidentiality order does not act to prohibit or limit the disclosure of material to a separate representative in a proceeding before the tribunal. '99ZE Limited access to tribunal's register of proceedings ") 2) 'B) Page 122 This section applies to the register of proceedings kept by the principal registrar under the QCAT Act, section 229(1). Despite the QCAT Act, section 229(2) the principal registrar must ensure that part of the register which relates to proceedings before the tribunal to which this part applies is not available for inspection by the public. The QCAT Act, section 229(4) does not apply to that part of the register which relates to proceedings before the tribunal to which this part applies. Com AD WF WN SCOmMmM ADU PW NF CO iS) 23 2527 29 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] '99ZF Limited access to tribunal's record of proceedings ") 2) This section applies to a record kept under the QCAT Act, section 230 for a proceeding before the tribunal to which this part applies. Despite the QCAT Act, section 230(3) a person who is not a party to the proceeding may not inspect, or obtain a copy of, the record or a part of the record. *99ZG Certain information not to be published ") 2) 'B) A person must not publish— (a) information given in evidence or otherwise in a proceeding before the tribunal; or (b) information that is likely to identify a person who— (i) appears as a witness before the tribunal in a proceeding; or (ii) is a party to the proceeding; or (iii) is mentioned, or otherwise involved, in the proceeding. Maximum penalty— (a) for a corporation—1000 penalty units; or (b) for an individual—100 penalty units or 2 years imprisonment. Subsection (1)(a) does not apply to— (a) a person if the tribunal or the president of the tribunal consents to the publication of the information by the person; or (b) _ the tribunal publishing its final decision in a proceeding, with or without the reasons for the decision. The tribunal or the president may only consent to the publication as mentioned in subsection (2) if the tribunal or the president is satisfied the publication of the information— Page 123 ADDN BWN \o ow eCorIdn NN FW NY FO \o Nw re oO N N NNN na BW Nw Na wWNN owe Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 18] (a) is in the public interest; and (b) does not conflict with the best interests of the child. '(4) In this section— information includes— (a) amatter contained in a document filed with, or received by, the tribunal; and (b) the tribunal's decision or reasons for a decision. publish, for information, means to publish it to the public by way of the internet, newspaper, radio, television or other form of communication. 'Part 7 Ensuring tribunal decisions and recommendations are given effect '99ZH Application of pt 7 '(1)_ This part applies to each decision of the tribunal on a review application other than a decision to confirm the reviewable decision. '(2) This part also applies to recommendations made by the tribunal, after reviewing a reviewable decision, to the chief executive about policies, practices and procedures of the entity relevant to the making of reviewable decisions. '99Z1 Requests to chief executive 'The president may ask the chief executive to notify the president, within a reasonable stated time— (a) of the steps taken to give effect to the tribunal's decision; or Page 124 Fon NA DMN fF WN So WwW nN rPOoOmn ADM fF Nw 24 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 19] (b) of the steps taken to give effect to the tribunal's recommendations and, if no steps have been taken, the reasons for this. '99ZJ What happens if decision not given effect etc. '(1)_ This section applies if the president, after considering the response of the chief executive given under section 99ZI, is of the opinion that— (a) _ the tribunal's decision has not been given effect; or (b) _ no steps have been taken to give effect to the tribunal's recommendations or the steps taken are inadequate or inappropriate. '(2) The president may report on the matter to the Minister responsible for the department. '(3) The president must attach the following to the report— (a) if the report is about the tribunal's decision—copies of the decision and response; (b) if the report is about the tribunal's recommendations—copies of the recommendations and response.'. Clause 19 Amendment of s 129 (Refusal of application) Section 129(2)(c)(i) and (ii)— omit, insert— '@)_ state the applicant may apply to the tribunal to have the decision reviewed; and (ii) state how, and the time within which, the applicant may apply to have the decision reviewed; and (iii) state any right the applicant has to have the operation of the decisions stayed.'. Page 125 WNrR CoO ANDN fF COAN DANN FP WN KO 21 24 26 28 Queenslai nd Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 20] Clause 20 Clause 21 Clause 22 Page 126 Amendment of s 136 (Refusal of application) Section 136(2)(c)(i) and (ii)— omit, insert— '@)_ state the applicant may apply to the tribunal to have the decision reviewed; and (ii) state how, and the time within which, the applicant may apply to have the decision reviewed; and (iii) state any right the applicant has to have the operation of the decisions stayed.'. Amendment of s 137 (Amendment of authority on application of holder) Section 137(7)(c) and (d)— omit, insert— '(c) state the applicant may apply to the tribunal to have the decision reviewed; and (d) _ state how, and the time within which, the applicant may apply to have the decision reviewed; and (e) state any right the applicant has to have the operation of the decisions stayed.'. Amendment of s 138 (Amendment of authority by the chief executive) Section 138(6)(c) and (d)— omit, insert— '(c) state the holder may apply to the tribunal to have the decision reviewed; and (d) state how, and the time within which, the holder may apply to have the decision reviewed; and (e) _ state any right the holder has to have the operation of the decisions stayed.'. Com AD NHK WN Com ND NH WN KO 2225 27 29 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 23 Clause 24 Clause 25 Chapter 2 Department of Communities Part 2 Amendment of Child Protection Act 1999 [s 23] Amendment of s 140 (Procedure for suspension or cancellation) Section 140(5)(b) and (c)— omit, insert— '(b) the holder may apply to the tribunal to have the decision reviewed; and (c) how, and the time within which, the holder may apply to have the decision reviewed; and (d) any right the holder has to have the operation of the decisions stayed.'. Amendment of s 140Al (Notice of cancellation) Section 140AI(2)(c)(i) and (ii)— omit, insert— '@)_ the person may apply to the tribunal to have the decision reviewed; and (ii) how, and the time within which, the person may apply to have the decision reviewed; and (iii) any right the person has to have the operation of the decisions stayed.'. Amendment of s 247 (Reviews of reviewable decisions) (1) Section 247, after 'apply' — insert— ", as provided under the QCAT Act,'. (2) Section 247, editor's note— omit, insert— "Note— Aggrieved persons and reviewable decisions are in schedule 2.'. Page 127 0 ON AN FW NK So COD ND WHR WN 21 2325 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 3 Amendment of Child Protection (International Measures) Act 2003 [s 26] Clause 26 Amendment of sch 3 (Dictionary) (1) Schedule 3, definition reviewable decision— omit, insert— 'reviewable decision means— (a) for chapter 2A—see section 99B; or (b) otherwise—a decision stated in schedule 2.'. (2) Schedule 3, definition tribunal— omit. insert— 'tribunal means QCAT.'. Part 3 Amendment of Child Protection (International Measures) Act Clause 27 Act amended This part amends the Child Protection (International Measures) Act 2003. Clause 28 Amendment of sch 4 (Dictionary) (1) Schedule 4, definitions Children Services Tribunal and Guardianship and Administration Tribunal— omit. (2) Schedule 4, definition Queensland court, paragraphs (e) and (f)— omit, insert— "(e) QCATY. Page 128 COomMmrN DN BR WN nas ona 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 4 Amendment of Commission for Children and Young People and Child Guardian Act [s 29] (3) Schedule 4, definition registrar, paragraphs (e) and (f)— omit, insert— '(e) if the Queensland court is QCAT—the principal registrar of QCAT.'. Part 4 Amendment of Commission for Children and Young People and Child Guardian Act 2000 Clause 29 Act amended This part amends the Commission for Children and Young People and Child Guardian Act 2000. Clause 30 Amendment of s 40 (Grounds for not dealing with complaint) (1) Section 40(1)(b)Gii)— omit, insert— 'iii) is before QCAT or has already been decided by QCAT or the former tribunal; or'. (2) Section 40(4)— insert— 'former tribunal means the Children Services Tribunal established under the repealed Children Services Tribunal Act 2000, section 8.'. Page 129 BW N FOO WAN AN FW NE Nw Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 4 Amendment of Commission for Children and Young People and Child Guardian Act [s 31] Page 130 Amendment of s 89ZG (Government entity may enter into arrangement with commissioner) Section 89ZG(4)(a), 'the Children Services Tribunal'— omit, insert— "QCAT'. Amendment of s 102B (Actions of commissioner after making decision on application) Section 102B(2)(b) to (d)— omit, insert— '(b) if the reasons do not include investigative information, a statement that the relevant person may apply, as provided under the QCAT Act, to QCAT for a review of only a decision of the commissioner about whether there is an exceptional case as mentioned in section 102(4) or (c) (d) (e) (7); if the reasons include investigative information, a statement that the relevant person— (i) (ii) may appeal as mentioned in section 121C(2) to a Magistrates Court about only the investigative information; or may decide not to appeal under section 121C(2) but apply, as provided under the QCAT Act, to QCAT for a review of only a decision of the commissioner about whether there is an exceptional case as mentioned in section 102(4) or (7); the period within which the person must apply to QCAT for the review, or appeal to a Magistrates Court; how the person may apply for the review to QCAT, or appeal to a Magistrates Court.'. oO ND NY SOW AD NPWNK SO NNNNNN DNNnkRWNPE NN on wWhd ow Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 4 Amendment of Commission for Children and Young People and Child Guardian Act [s 33] Amendment of s 121 (Person may apply for review of decision) d) (2) (3) 2) Section 121(1), 'the Children Services Tribunal'— omit, insert— "QCAT'. Section 121(1)— insert— 'Note— See sections 128E and 128F for particular provisions about applications for review made on behalf of a child.'. Section 121(2)— omit, insert— If a person applies under subsection (1) to have a decision reviewed, QCAT may not— (a) _ stay the operation of the decision; or (b) grant an injunction in the proceeding for the review.'. Amendment of s 121AA (Effect of applicant under s 121 becoming a disqualified person) Section 121AA(2)(b) and (3), 'the Children Services Tribunal' — omit, insert— "QCAT'. Amendment of s 121C (Decision by police commissioner that information is investigative information) Section 121C(5), 'The Children Services Tribunal'— omit, insert— "QCAT'. Page 131 COmMDAN DN BW NE DH un BW YN KF SO 24 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 4 Amendment of Commission for Children and Young People and Child Guardian Act [s 36] Clause 36 Clause 37 'Part 128A Page 132 Amendment of s 121E (Consequence of decision on appeal) Section 121E(2), from 'state'— omit, insert— "state— (a) that within 28 days after the date the person is given the notice, the person may apply, as provided under the QCAT Act, to QCAT for a review of the commissioner's decision to issue the negative notice; and (b) how the person may apply for the review.'. Insertion of new pts 6A and 6B After part 6— insert— 6A QCAT proceedings about child-related employment review Definitions for pt 6A 'In this part— child-related employment decision means a _ decision mentioned in section 121(1)(a) or (b). constituting members means the member or members of QCAT constituting it for the proceeding concerned. QCAT child-related employment review means a review by QCAT of a child-related employment decision. QCAT president means the president of QCAT. OCOMDAND NA HRW NR Dnun ff WN 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 4 Amendment of Commission for Children and Young People and Child Guardian Act [s 37] '128B Application of pt 6A 'This part applies for a child-related employment review. Note— The QCAT Act also applies for the review. "128C Principle for reviewing child-related employment decision 'A child-related employment decision is to be reviewed under the principle that the welfare and best interests of a child are paramount. '128D Proceeding must always be held in private "1) A hearing of a proceeding for a QCAT child-related employment review must be held in private. '(2) However, the following are entitled to be present at the proceeding— (a) each party to the proceeding; (b) if, under an Act, a party is entitled to be represented by someone else at the proceeding, the party's representative; (c) awitness while giving evidence; (d) a person allowed to be present to support a party; (e) a person allowed to be present to support a witness, while the witness is giving evidence; (f) a person allowed to be present by QCAT. '(3) This section is subject to the QCAT Act, section 220. Editor's note— QCAT Act, section 220 (Tribunal may exclude person) Page 133 RW NY Fe OMANI AN C0 AOIND NN FW NK CO NX So NW NOR NN BR NN nN Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 4 Amendment of Commission for Children and Young People and Child Guardian Act [s 37] '128E Applications on behalf of children ") 2) An application for a child-related employment review may be made on behalf of a child only with the permission of the QCAT president. The QCAT president may give permission only if the president considers— (a) _ the person is not, on the person's own behalf, entitled to apply for the child-related employment review; and (b) it is in the child's best interests that the application be made; and (c) it would be inappropriate for, or unreasonable to require, the child to make the application himself or herself. '128F Withdrawal of application for review ") 2) An applicant may withdraw an application made on behalf of a child under section 128E only with leave of the QCAT president or QCAT. The QCAT president or QCAT may give leave under subsection (1) only if the president or QCAT considers that, having regard to the child's views or wishes, if any, it is in the child's best interests that the application be withdrawn. "128G Children must not be compelled to give evidence ") 2) 'B) Page 134 A child must not be compelled to give evidence in a proceeding for a QCAT child-related employment review. Without limiting subsection (1), QCAT may not require a child to do the either of the following under the QCAT Act, section 97(1)— (a) attend a hearing of a proceeding to give evidence; (b) produce a stated document or other thing to QCAT. Before a child gives evidence in a proceeding, QCAT must satisfy itself that the child is willing to give the evidence. CON AN PWN So Noe SCOMANI ANA W iS) 23 2528 30 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 4 Amendment of Commission for Children and Young People and Child Guardian Act [s 37] '128H Children giving evidence '(1) This section applies if, in a proceeding for a QCAT child-related employment review— (a) achild is giving evidence; and (b) section 128J does not apply. '(2) Only the following persons may be present while the child gives evidence— (a) _ the constituting members; (b) the child's support person if the child has a support person and agrees to that person's presence. "1281 Questioning of children '(1) This section applies if, in a proceeding for a QCAT child-related employment review— (a) achild is giving evidence; and (b) section 128J does not apply. "(2) The child must not be cross-examined. '(3) Also, only the constituting members may ask questions of the child. "128J Provisions for QCAT child-related employment reviews '(1)_ This section applies if— (a) a child applies to QCAT for review of a child-related employment decision or a person makes the application on the child's behalf; and (b) ina proceeding for the review, the child elects to give evidence. '(2) Before the child gives evidence, QCAT must tell the child that— Page 135 CoC MOAID NN FP WN KF So ONY Dn FB WN KF 21 2326 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 4 Amendment of Commission for Children and Young People and Child Guardian Act [s 37] 'B) 'Part 6B (a) (b) (c) he or she may be cross-examined by QCAT or a party to the proceeding; and he or she may, at any time while the cross-examination is continuing, refuse to be further cross-examined; and if he or she acts under paragraph (b), the application is taken to have been withdrawn and the review stops. If the child acts under subsection (2)(b), the application is taken to have been withdrawn and the review stops. QCAT to give statistical information to commissioner "128K QCAT's principal registrar to give statistical information to commissioner '(1) QCAT's principal registrar must, from time to time, give the commissioner statistical information about all of the 2) following— (a) the number and types of prescribed reviewable decisions for which applications were made to QCAT for review; (b) QCAT's decisions on the applications; (c) recommendations mentioned in the Child Protection Act 1999, section 99ZH(2). The information must not identify the parties (other than the decision-maker) to, or other persons taking part in, a review. "(3) In this section— Page 136 prescribed reviewable decision means any of the following decisions— (a) a child-related employment decision; CONI AN FW NK OoAID NAPW NK iS) ow NW NOR N w Nw ns N fon Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 4 Amendment of Commission for Children and Young People and Child Guardian Act [s 38] (b) a decision or assessment mentioned in the Adoption of Children Act 1964, section 13AA, 13AC, 13E or 14D; (c) a decision mentioned in the Child Care Act 2002, section 163; (d) a decision that is a reviewable decision under the Child Protection Act 1999. review means a review by QCAT.'. Clause 38 Amendment of s 140B (Commissioner may apply for review of reviewable decisions) Section 140B(2) to (4), 'the Children Services Tribunal' — omit, insert— "QCAT'. Clause 39 Amendment of sch 4 (Dictionary) d) (2) Schedule 4, definition Children Services Tribunal— omit. Schedule 4— insert— 'child-related employment decision see section 128A. constituting members, for part 6A, see section 128A. QCAT child-related employment review, for part 6A, see section 128A. QCAT president, for part 6A, see section 128A.'. Page 137 NY DUN BW NR \o oo N ~arANInN fF WW 22 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 5 Amendment of Community Services Act 2007 [s 40] Part 5 Amendment of Community Services Act 2007 40 Act amended This part amends the Community Services Act 2007. 41 Amendment of pt 9, hdg (Reviews and appeals) Part 9, heading, 'and appeals' — omit. 42 Amendment of s 93 (Chief executive must give notice after making reviewable decision) Section 93(1)(e), from 'appeal'— omit, insert— > 'apply to the tribunal for a further review of the decision.'. 43 Amendment of pt 9, div 2, hdg (Review of decision) Part 9, division 2, heading, after 'decision' — insert— 'by chief executive'. 44 Amendment of s 95 (Stay of operation of original decision) (1) Section 95(4), 'appeal to>— omit, insert— 'review by'. Page 138 \o N n nN B&B WwW \o ON 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 5 Amendment of Community Services Act 2007 [s 45] (2) Section 95(6), 'appeal against' — omit, insert— 'apply to the tribunal for a review of'. Clause 45 Amendment of s 96 (Review decision) Section 96(4), from 'a notice' — omit, insert— 'a QCAT information notice about the decision.'. Clause 46 Replacement of pt 9, div 3, hdg (Appeal against review decision) Part 9, division 3, heading— omit, insert— 'Division 3 Review of review decision by tribunal'. Clause 47 Replacement of s 97 (Appeal against review decision) Section 97— omit, insert— '97 Review of review decision '(1) Subsection (2) applies to an interested person for a review decision, whether or not the interested person has received a QCAT information notice for the review decision. '(2) An interested person for a review decision may apply, as provided under the QCAT Acct, to the tribunal for a review of the review decision. '(3) If the interested person has received a QCAT information notice about the review decision, the application to the tribunal for a review of the decision must be accompanied by a copy of the QCAT information notice.'. Page 139 ow NAW sf So wn iS) SCOmMmMAN DAMN Ff 222527 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 6 Amendment of Disability Services Act 2006 [s 48] Clause 48 Omission of s 98 (Appeal is by way of rehearing) Section 98— omit. Clause 49 Amendment of sch 4 (Dictionary) (1) Schedule 4, definitions appeal and tribunal— omit. (2) Schedule 4— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2). tribunal means QCAT.'. Part 6 Amendment of Disability Services Act 2006 Clause 50 Act amended This part amends the Disability Services Act 2006. Clause 51 Amendment of s 87 (Actions of chief executive after making decision on application) Section 87(2)(b) to (d)— omit, insert— '(b) if the reasons do not include investigative information, a statement that the engaged person may apply, as provided under the QCAT Act, to the tribunal for a review of only a decision of the chief executive about Page 140 PPO ON HD WN Ff na ona 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 6 Amendment of Disability Services Act 2006 [s 52] whether there is an exceptional case as mentioned in section 85(4) or (7); (c) if the reasons include investigative information, a statement that the engaged person— (i) may appeal under section 111(2) to a Magistrates Court about only the investigative information; or (ii) may decide not to appeal under section 111(2) but apply, as provided under the QCAT Act, to the tribunal for a review of only a decision of the chief executive about whether there is an exceptional case as mentioned in section 85(4) or (7); (d) _ the period within which the engaged person must apply for the appeal or review; (e) how the person may apply for the appeal or review.'. Clause 52 Amendment of s 102 (Cancellation if conviction for excluding offence and imprisonment or disqualification order) (1) Section 102(3)(a) and (5), 'appeal' — omit, insert— 'review'. (2) Section 102(6)— omit. Clause 53 Amendment of s 108 (Person may apply for review of decision) (1) Section 108(1), after 'apply' — insert— ", as provided under the QCAT Act,'. Page 141 COmMANI AUN FW NK WN FO oo WMO ANDN 2124 26 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 6 Amendment of Disability Services Act 2006 [s 54] (2) Section 108(4), 'no appeal, or review, — omit, insert— "no appeal or review'. 54 Amendment of s 113 (Consequence of decision on appeal) Section 113(2)— omit, insert— '(2) If the court confirms the decision appealed against— (a) the person who appealed the decision may apply, within 28 days after receiving the notice under section 112(4) and as otherwise provided under the QCAT Act, to the tribunal for a review of only the decision of the chief executive about whether there is an exceptional case as mentioned in section 85(4) or (7); and (b) the notice under section 112(4) must comply with the QCAT Act, section 157(2).'. 55 Amendment of s 123D (Explanation of operation of pt 10A) Section 123D(2)(a)(ii), 'guardianship' — omit. 56 Amendment of s 123E (Definitions for pt 10A) (1) Section 123E, definition guardianship tribunal— omit. (2) Section 123E, definition containment or seclusion approval, 'guardianship' — omit. Page 142 Co mnN WD WN An BWNF OS \o ON 22 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 6 Amendment of Disability Services Act 2006 [s 57] Clause 57 Amendment of s 123X (Requirements for chief executive's decision about whether change should be made) Section 123X(4), 'guardianship' — omit. Clause 58 Amendment of s 123Y (Action of chief executive after deciding whether change should be made) (1) Section 123 Y(3)(a), 'guardianship' — omit. (2) Section 123 Y(5)(a), note, 'guardianship' — omit. (3) Section 123 Y(6), definition GAA application, 'guardianship' — omit. Clause 59 Amendment of s 123ZE (Application of sdiv 2) Section 123ZE(b), note, paragraph (b), 'guardianship' — omit. Clause 60 Amendment of s 123ZK (Short term approval for use of restrictive practices other than containment or seclusion) Section 123ZK(8), from 'apply'— omit, insert— 'apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. Page 143 Co OND nA F&F WNre WN KF OC nn \o 0 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 6 Amendment of Disability Services Act 2006 [s 61] Clause 61 Amendment of s 123ZL (Period for which short term approval has effect) Section 123ZL(3), 'guardianship' — omit. Clause 62 Amendment of s 123ZN (Chief executive's decision about approving short term plan) Section 123ZN(5), from 'plan'— omit, insert— 'plan, the relevant service provider may apply, as provided under the QCAT Act, to the tribunal for a review of the decision not to approve the plan.'. Clause 63 Amendment of s 123ZZ (Application for review) Section 123ZZ, heading, after 'review' — insert— 'by chief executive'. Clause 64 Amendment of pt 14, hdg (Reviews and appeals) Part 14, heading, 'and appeals' — omit. Clause 65 Amendment of s 208 (Chief executive must give notice after making reviewable decision) Section 208(1)(d), from 'appeal'— omit, insert— 'apply, as provided under the QCAT Act, to the tribunal for a further review of the decision.'. Page 144 RW Ne onmnn an nA WN lon 21 24 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 6 Amendment of Disability Services Act 2006 [s 66] 66 Amendment of pt 14, div 2, hdg (Review of decision) Part 14, division 2, heading, 'of decision' — omit, insert— 'by chief executive'. 67 Amendment of s 210 (Stay of operation of original decision) (1) Section 210(5), 'appeal to'— omit, insert— 'review by'. (2) Section 210(7), from 'to enable'-— omit, insert— 'for the review of the review decision.'. (3) Section 210(8), after 'stayed'— insert— "by the chief executive or the tribunal'. 68 Amendment of s 211 (Review decision) Section 211(4), from 'a notice stating' — omit, insert— 'a notice complying with the QCAT Act, section 157(2) for the decision.'. 69 Replacement of pt 14, div 3, hdg (Appeal against decision) Part 14, division 3, heading— omit, insert— 'Division 3 Review by tribunal'. Page 145 BR WN oo mn aN an WN FF OO Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 6 Amendment of Disability Services Act 2006 [s 70] 70 Replacement of s 212 (Appeal against review decision) Section 212— omit, insert— '212 Review of review decision ") 2) 'B) (4) Subsection (2) applies to an interested person for a review decision, whether or not the interested person has received a review decision notice for the review decision. The interested person for the review decision may apply, as provided under the QCAT Acct, to the tribunal for a review of the review decision. If the interested person has received a review decision notice for the review decision, the application filed in the tribunal to start the review must be accompanied by a copy of the review decision notice. In this section— review decision notice means a notice complying with the QCAT Act, section 157(2).'. 71 Omission of s 213 (Appeal is by way of rehearing) Section 213— omit. 72 Amendment of s 248 (Circumstances in which subdivision stops applying) Section 248(2)(a), 'guardianship' — omit. 73 Amendment of sch 7 (Dictionary) d) Page 146 Schedule 7, definitions appeal, guardianship tribunal and tribunal— omit. COM ADM PWN AD NUN BPWNrK CO \o ow 22 24 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 7 Amendment of Domestic and Family Violence Protection Act 1989 [s 74] (2) Schedule 7— insert— 'tribunal means QCAT.'. Part 7 Amendment of Domestic and Family Violence Protection Act Clause 74 Act amended This part amends the Domestic and Family Violence Protection Act 1989. Clause 75 Amendment of s 38 (Conferral of jurisdiction) (1) Section 38(4), 'a small claims tribunal'— omit, insert— "QCAT'. (2) Section 38(4)(a) and (5), 'the Small Claims Tribunals Act 1973? — omit, insert— 'the QCAT Act'. Clause 76 Amendment of s 62A (Procedural provisions for tenancy application) (1) Section 62A(1), (2), (5) and (6), 'a small claims tribunal'— omit, insert— "QCAT'. Page 147 \o NYA UB WN KF CO \o 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 8 Amendment of Guide, Hearing and Assistance Dogs Act 2009 [s 77] (2) Section 62A(3), 'despite the Small Claims Tribunals Act 1973, section 17'— omit. (3) Section 62A(4), 'the Small Claims Tribunals Act 1973' — omit, insert— 'the QCAT Act'. (4) Section 62A— insert— '(4A) However, a Magistrates Court hearing a tenancy application under this section must not be open to the public.'. Clause 77 Amendment of schedule (Dictionary) (1) Schedule, definition small claims tribunal— omit. (2) Schedule, definition tenancy application, 'a small claims tribunal' — omit, insert— 'QCAT'. Part 8 Amendment of Guide, Hearing and Assistance Dogs Act 2009 Clause 78 Act amended This part amends the Guide, Hearing and Assistance Dogs Act 2009. Page 148 Co mMmrnNnN nN BW NK So NAD UB WN 19 22 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 8 Amendment of Guide, Hearing and Assistance Dogs Act 2009 [s 79] 79 Amendment of pt 7, hdg (Reviews and appeals) Part 7, heading, 'and appeals' — omit. 80 Amendment of s 67 (Definitions for pt 7) Section 67, definition reviewed decision notice— omit. 81 Replacement of pt 7, div 3, hdg (Review of decision) Part 7, division 3, heading— omit, insert— 'Division 3 Review by chief executive'. 82 Amendment of s 70 (Stay of operation of original decision) (1) Section 70(5), 'appeal to>— omit, insert— 'review by'. (2) Section 70(7), from 'to enable' — omit, insert— 'for the review of the reviewed decision.'. 83 Amendment of s 71 (Review decision) (1) Section 71, heading, 'Review' — omit, insert— 'Reviewed'. (2) Section 71(4), from 'person a notice'-— omit, insert— Page 149 arn nDnN FW NR 2123 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 8 Amendment of Guide, Hearing and Assistance Dogs Act 2009 [s 84] 'person a notice complying with the QCAT Act, section 157(2) for the decision.'. Clause 84 Replacement of pt 7, div 4, hdg (Appeal against reviewed decision) Part 7, division 4, heading— omit, insert— 'Division 4 Review by tribunal'. Clause 85 Replacement of ss 72 and 73 Sections 72 and 73— omit, insert— '72 Review of reviewed decision ") 2) 'B) (4) Subsection (2) applies to an interested person for a reviewed decision, whether or not the interested person has received a reviewed decision notice for the decision. The interested person for the reviewed decision may apply, as provided under the QCAT Acct, to the tribunal for a review of the reviewed decision. If the interested person has received a reviewed decision notice for the reviewed decision, the application filed in the tribunal to start the review must be accompanied by a copy of the reviewed decision notice. In this section— reviewed decision notice means a notice complying with the QCAT Act, section 157(2).'. Clause 86 Amendment of sch 4 (Dictionary) d) Page 150 Schedule 4, definitions reviewed decision notice and tribunal— omit. ND WNW fw N \o wo NY SCOm ADM PWN KF CO NN oe NN BW 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 9 Amendment of Residential Tenancies and Rooming Accommodation Act 2008 [s 87] (2) Schedule 4— insert— 'tribunal means QCAT.'. Part 9 Amendment of Residential Tenancies and Rooming Accommodation Act 2008 Clause 87 Act amended This part amends the Residential Tenancies and Rooming Accommodation Act 2008. Clause 88& Amendment of s 361 (Review of abandonment order) Section 361(4)— omit, insert— "(4) The tribunal— (a) must exercise its original jurisdiction for the review; and (b) may make an order under this section if it is satisfied the applicant did not abandon the premises or only abandoned the premises on a day after the day stated.'. Clause 89 Amendment of s 414 (Application of pt 2) Section 414— insert— '(d) another person entitled to apply to the tribunal under this Act.'. Page 151 \o ADM FP WN KF CO \o ow 22 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 9 Amendment of Residential Tenancies and Rooming Accommodation Act 2008 [s 90] 90 Insertion of new s 414A Chapter 6, part 2, division 2— insert— '414A Applications to the tribunal 'An application to the tribunal under this Act must be made in the way provided under the QCAT Act.'. 91 Insertion of new 433A Chapter 6, part 2, division 3— insert— '433A Particular applications to be heard in private "(1)_ A proceeding before the tribunal about an application made to the tribunal must be held in private if— (a) (b) (c) the application is made under section 245 or 321; or the application is made under section 312 and the applicant is the domestic associate of the other cotenant or another cotenant; or the application is made under section 323 and the applicant is the domestic associate of the tenant. "(2) In this section— 'domestic associate means a person in any of the following relationships— (a) a spousal relationship; (b) an intimate personal relationship; (c) a family relationship; (d) an informal care relationship. '(3) A term used in subsection (2)(a) to (d) has the same meaning as in the Domestic and Family Violence Protection Act 1989 and a reference in that Act to a court deciding whether a Page 152 Dun WN AAI ANF W NY CO \o Nw ro YN' WYN an FB WN NNW ona Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 2 Department of Communities Part 9 Amendment of Residential Tenancies and Rooming Accommodation Act 2008 [s 92] relationship exists includes a reference to the tribunal deciding that issue for this section.'. 92 Amendment of s 504 (Other evidentiary aids) Section 504(2)— omit. 93 Amendment of s 516 (Applications for more than prescribed amount) Section 516(1)(b), from 'Small' — omit, insert— 'QCAT Act.'. 94 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions registrar, registry and tribunal— omit. (2) Schedule 2— insert— 'registrar means the principal registrar under the QCAT Act. registry means the registry under the QCAT Act. tribunal means QCAT.'. Page 153 oOo mOna CarAI NHN FP WN Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 3 Department of Community Safety Part 1 Amendment of Building Fire Safety Regulation 2008 [s 95] Chapter 3 Department of Community Safety Part 1 Amendment of Building Fire Safety Regulation 2008 95 Regulation amended This part amends the Building Fire Safety Regulation 2008. 96 Omission of s 73 (Fee for an objection—Fire Service Act, s 104SB) Section 73— omit. Part 2 Amendment of Corrective Services Act 2006 97 Act amended This part amends the Corrective Services Act 2006. 98 Amendment of s 319A (Definitions) Section 319A, definition tribunal— omit, insert— 'tribunal means QCAT.'. Page 154 lon \o on aonrnnn Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 3 Department of Community Safety Part 3 Amendment of Disaster Management Act 2003 [s 99] Part 3 Amendment of Disaster Management Act 2003 Clause 99 Act amended This part amends the Disaster Management Act 2003. Clause 100 Amendment of s 124 (Notice about decision) (1) Section 124(b)(ii)— omit, insert— "(ii) if the amount is less than the amount claimed—the matters mentioned in the QCAT Act, section 157(2)(c) to (e);'. (2) Section 124(c)— omit, insert— '(c) if the chief executive decides not to pay compensation—the matters mentioned in the QCAT Act, section 157(2)(c) to (e).'. Clause 101 Replacement of pt 11, div 1, sdiv 3 (Appeals) Part 11, division 1, subdivision 3— omit, insert— 'Subdivision 3 Review of decision '125 Review of a decision to pay compensation 'An applicant for the payment of compensation under this division who is dissatisfied with the chief executive's decision to refuse to pay compensation or about the amount of compensation may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. Page 155 omArninn ABW NY FF © oo wonnan 2224 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 3 Department of Community Safety Part 4 Amendment of Fire and Rescue Service Act 1990 [s 102] Part 4 Amendment of Fire and Rescue Service Act 1990 Clause 102 Act amended This part amends the Fire and Rescue Service Act 1990. Clause 103 Amendment of s 69 (Requisition by commissioner to reduce fire risk) "O) Section 69(5)— omit, insert— A notice under subsection (2)(a) must comply with the QCAT Act, section 157(2).'. Clause 104 Amendment of s 104G (Notice by commissioner about occupier's or owner's obligations) ") "(1A) Page 156 Section 104G(1) and (2)— omit, insert— The commissioner may give the occupier or owner of a building written notice requiring the occupier or owner to remedy any matter in respect of which the commissioner is of the opinion that the occupier or owner has failed to comply with this division or with regulations made under this part. The notice under subsection (1) must state the following— (a) that the commissioner has decided the occupier or owner has failed to comply with this division or with regulations made under this part; (b) the action to be taken by the occupier or owner to remedy the failure mentioned in paragraph (a); (c) | the period within which the failure must be remedied; (d) _ the reasons for the decision mentioned in paragraph (a); oWmnn an COMAINIDN BPW NFR iS) Oo NNW WNre Nw ns NY WY on Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 105 Clause 106 Chapter 3 Department of Community Safety Part 4 Amendment of Fire and Rescue Service Act 1990 [s 105] (e) that the occupier may apply to QCAT for a review of the occupancy notice; (f) how, and the period within which, the occupier may apply to QCAT for the review; (g) any right the occupier has to have the operation of the occupancy notice stayed under the QCAT Act. '(2) Also, to the extent that it specifies that an alteration is to be made to the structure of a building, notice under subsection (1) is not valid unless the commissioner first consults the local government in whose area the building is situated.'. Amendment of s 104! (Certificate of compliance) (1) Section 1041(8A)— omit, insert— '(8A) The notice under subsection (8) must state the following— (a) _ the grounds of the refusal; (b) any steps required to be taken by the applicant before any further application will be granted; (c) that the applicant may apply to QCAT for a review of the refusal; (d) how, and the period within which, the applicant may apply to QCAT for the review.'. (2) Section 1041(10), 'division 4'— omit, insert— 'part 9B'. Amendment of s 104KF (Commissioner may give occupancy notice to occupier) Section 104KF(f) and (g)— omit, insert— Page 157 COmMANI AUN FW NK So CODA AND UN BP WN Nw ro RO NN WN 26 28 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 3 Department of Community Safety Part 4 Amendment of Fire and Rescue Service Act 1990 [s 107] '(f) that the occupier may apply to QCAT for a review of the occupancy notice; (g) how, and the period within which, the occupier may apply to QCAT for the review; (h) any right the occupier has to have the operation of the occupancy notice stayed under the QCAT Act.'. 107 Amendment of s 104KI (Re-assessment of risk of overcrowding) Section 104KI(4)(c) and (d)— omit, insert— '(c) that the occupier may apply to QCAT for a review of the occupancy notice; (d) how, and the period within which, the occupier may apply to QCAT for the review.'. 108 Amendment of pt 9B, hdg (Objections to notices) Part 9B, heading, 'Objections to'— omit, insert— 'Review of'. 109 Omission of s 104SA (Application of pt 9B to notices under s 69) Section 104SA— omit. 110 Amendment of s 104SB (Persons aggrieved by notice may object) (1) Section 104SB, heading, 'object'— omit, insert— Page 158 \o ON DAnun BW NR RW NF CO orninawn 21 24 26 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 3 Department of Community Safety Part 4 Amendment of Fire and Rescue Service Act 1990 [s 111] 'apply for review'. (2) Section 104SB(1), from 'within 21 days'— omit, insert— 'may apply, as provided under the QCAT Act, to QCAT for a review of the notice.'. (3) Section 104SB(2)— omit. 111. Omission of s 104SC (Panel of referees to be convened) Section 104SC— omit. 112 Omission of s 104SD (Membership of panel of referees) Section 104SD— omit. 113. Omission of s 104SE (Determination of objection) Section 104SE— omit. 114 Replacement of s 104SF (Relief from penalty pending determination of objection) Section 104SF— omit, insert— '104SF Relief from penalty pending determination of review by QCAT '(1)__ This section applies if a person applies, as provided under the QCAT Act, to QCAT for a review of a notice given under section 104G or 104I(8) or an occupancy notice. Page 159 ND UB WN \o ow \o on 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 3 Department of Community Safety Part 4 Amendment of Fire and Rescue Service Act 1990 [s 115] '(2) The person is not liable to a penalty under this Act— 1 (a) in the case of a notice given under section 104G or an 2 occupancy notice—for any failure on the person's part 3 to comply with the notice on and before the date on 4 which the person is given notice of the determination of 5 the review by QCAT; and 6 (b) in the case of a notice given under section 1041(8)—for 7 any use of a building, being a building use to which the 8 notice relates, on and from the date the person is given 9 the notice to and including the date the person is given 0 notice of the determination of the review by QCAT.'. 1 Clause 115 Omission of s 104SG (Stay of operation of s 69 notice) 2 Section 104SG— omit. 4 Clause 116 Omission of s 104SH (Appeal from panel of referees) 5 Section 104SH— 6 omit. Clause 117 Amendment of s 154 (Regulation-making power) 8 (1) Section 154(2)(d)— omit. 20 (2) Section 154(2)(e) and (f)— 21 renumber as section 154(2)(d) and (e). 22 Page 160 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 1 Amendment of Child Care Act 2002 [s 118] Chapter 4 Department of Education and Training 2 Part 1 Amendment of Child Care Act 3 2002 4 Clause 118 Act amended 5 This part amends the Child Care Act 2002. 6 Clause 119 Amendment of s 107A (Chief executive to give notice to the Commissioner for Children and Young People and Child Guardian) 'oon Section 107A(2)(b), 'the tribunal'— 0 omit, insert— 'QCAT relating to the decision'. 2 Clause 120 Amendment of s 131 (Forfeiture of seized things) 3 Section 131(5)(a) and (b)— 4 omit, insert— 5 '(a) areview by QCAT under this Act; or 6 (b) an appeal, relevant to the thing, of which the chief 7 executive is aware.'. 8 Clause 121 Amendment of pt 9, div 1, hdg (Reviewable decisions) 9 Part 9, division 1, heading— 20 omit, insert— 21 'Division 1 Review of decisions by QCAT'. 22 Page 161 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 1 Amendment of Child Care Act 2002 [s 122] Clause 122 Amendment of s 163 (Reviewable decisions) Section 163(1) and (2), 'to the Children Services Tribunal'— omit, insert— ", as provided under the QCAT Act, to QCAT'. Clause 123 Amendment of s 164 (Chief executive must give notice after making reviewable decision) Section 164(1)— omit, insert— '1) Immediately after making a decision mentioned in section 163, the chief executive must give the person a notice for the decision complying with the QCAT Act, section 157(2).'. Clause 124 Insertion of news 164A Part 9, division 1— insert— '164A Constitution of QCAT '(1) For a review under this Act, QCAT must be constituted, to the extent practicable, with at least 1 member with specialist knowledge and expertise relevant to the matter the subject of the review. '(2) However, for subsection (1), QCAT must not be constituted by a member who— (a) is, or was when the decision being reviewed was made, an employee or officer of the department; or (b) _ has been refused a licence under this Act or the repealed Act; or (c) has had a licence under this Act or the repealed Act revoked.'. Page 162 BR WN oo mn aN CMHINID NN FW WN 23 25 27 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 2 Amendment of Education (General Provisions) Act 2006 [s 125] Part 2 Amendment of Education (General Provisions) Act 2006 Act amended This part amends the Education (General Provisions) Act 2006. Amendment of s 36 (Use of criminal history information) Section 36, 'part 4'— omit, insert— "part 3'. Amendment of s 37 (Confidentiality of information about criminal history) Section 37(3)(a)(iii), 'part 4'°— omit, insert— "part 3'. Amendment of s 69 (Dealing with submissions against principal's decision) Section 69(2)(b)— omit, insert— '(b) within 7 days after advising the student of the supervisor's decision, give to the student a notice complying with the QCAT Act, section 157(2).'. Amendment of s 72 (Chief executive must consider and decide application for further semesters) Section 72(3)(b)(ii)— omit, insert— Page 163 ns onmona RW NFO POO wmAN AN Nw 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 2 Amendment of Education (General Provisions) Act 2006 [s 130] Clause 130 Clause 131 Clause 132 'qi) if the student has previously been granted 2 further semesters under this part—give the student a notice complying with the QCAT Act, section 157(2).'. Amendment of s 139 (Regulation may provide for membership) Section 139(4), 'appeal to a Magistrates Court'— omit, insert— 'apply, as provided under the QCAT Act, to QCAT for a review of the decision to refuse membership'. Amendment of s 154 (Dealing with submissions against removal) Section 154(3), from 'give'— omit, insert— "give a notice complying with the QCAT Act, section 157(2).'. Amendment of s 197 (Cancellation) (1) Section 197(5)(b)(i) and (ii)— omit, insert— '(@i)_ the last day to apply under chapter 15, part 2 for a review of the decision; or (ii) if a review of the decision is applied for—the day the review is decided.'. (2) Section 197(6), definition appeal— omit. Page 164 onmn an BRWNF an FW Ne ona 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 2 Amendment of Education (General Provisions) Act 2006 [s 133] Clause 133 Amendment of s 200 (Child's exclusion or suspension) Section 200(3), 'part 4'— omit, insert— "part 3'. Clause 134 Amendment of s 226 (Return of cancelled certificate of registration to chief executive) (1) Section 226(3)(b)(i) and (ii) — omit, insert— '(@i)_ the last day to apply under chapter 15, part 2 for a review of the decision; or (ii) if a review of the decision is applied for—the day the review is decided.'. (2) Section 226(4), definition appeal— omit. Clause 135 Amendment of s 237 (Suspension or exclusion) Section 237(2), 'part 4'— omit, insert— "part 3'. Clause 136 Omission of ch 12, pt 1 (Preliminary) Chapter 12, part 1— omit. Clause 137 Renumbering of ch 12, pts 2, 3 and 4 Chapter 12, parts 2, 3 and 4— renumber as chapter 12, parts 1, 2 and 3. Page 165 0 ON aN RW N Fe RW NF CO orninawn 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 2 Amendment of Education (General Provisions) Act 2006 [s 138] Clause 138 Amendment of s 302 (Exclusion of student by chief executive) Section 302(4)— omit, insert— '(4) _ If the chief executive is reasonably satisfied a ground exists to exclude the student from all State schools, the chief executive must give the student a notice— (a) stating that the student is excluded from all State schools for a stated period of not more than 1 year or permanently; and (b) complying with the QCAT Act, section 157(2).'. Clause 139 Amendment of s 309 (Exclusion) Section 309(6)— omit, insert— '(6) If the decision relates to all State schools, the chief executive must give the prospective student a notice— (a) stating that the prospective student is excluded from all State schools for a stated period of not more than 1 year or permanently; and (b) complying with the QCAT Act, section 157(2).'. Clause 140 Renumbering of ch 12, pts 5 and 6 Chapter 12, parts 5 and 6— renumber as chapter 12, parts 4 and 5. Clause 141 Amendment of s 340 (Prohibition from entering premises) (1) Section 340(3)(e) and (f)— omit. Page 166 COM ANDN HW NR re Oo COmMANI AN Ff WW NX So 22 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 2 Amendment of Education (General Provisions) Act 2006 [s 142] (2) After section 340(3)— insert— '(3A) The direction must state the matters mentioned in the QCAT Act, section 157(2)(a) to (e) as if a reference in the section to decision were a reference to the direction.'. Clause 142 Amendment of s 341 (Prohibition from entering premises) (1) Section 341(1), 'a court'— omit, insert— "QCAT'. (2) Section 341(3), from 'The court' to 'the court'— omit, insert— "QCAT may make the order if QCAT'. Clause 143 Omission of s 342 (Appeal to District Court) Section 342— omit. Clause 144 Renumbering of ch 12, pt 7 (Directions and orders about conduct or movement at, or entry to, premises of non-State schools) Chapter 12, part 7— renumber as chapter 12, part 6. Clause 145 Amendment of s 349 (Prohibition from entering premises) (1) Section 349(3)(e) and (f)— omit. Page 167 MABW NY onmona Co OND 22 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 2 Amendment of Education (General Provisions) Act 2006 [s 146] (2) After section 349(3)— insert— '(3A) The direction must state the matters mentioned in the QCAT Act, section 157(2)(a) to (e) as if a reference in the section to decision were a reference to the direction.'. Amendment of s 350 (Prohibition from entering premises) (1) Section 350(1), 'a court'— omit, insert— "QCAT'. (2) Section 350(3), from "The court' to 'the court'— omit, insert— "QCAT may make the order if QCAT'. Omission of s 351 (Appeal to District Court) Section 351— omit. Renumbering of ch 12, pt 8 (Prohibition from entering premises of all State instructional institutions and non-State schools for up to 1 year) Chapter 12, part 8— renumber as chapter 12, part 7. Amendment of s 352 (Prohibition from entering premises of all State instructional institutions and non-State schools) (1) Section 352(1), 'a court' — omit, insert— "QCAT'. Page 168 MBW NY onmna oOo OND 2225 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 2 Amendment of Education (General Provisions) Act 2006 [s 150] (2) Section 352(3), from "The court' to 'the court'— omit, insert— "QCAT may make the order if QCAT'. Clause 150 Amendment of s 353 (Prohibition from entering premises of all State instructional institutions) (1) Section 353(1), 'a court'— omit, insert— "QCAT'. (2) Section 353(3), from "The court' to 'the court'— omit, insert— "QCAT may make the order if QCAT'. Clause 151 Omission of s 354 (Appeal to District Court) Section 354— omit. Clause 152 Replacement of ch 12, pt 9, hdg (Provisions relating to parts 6 to 8) Chapter 12, part 9, heading— omit, insert— 'Part 8 Provisions relating to parts 5 to 7'. Clause 153 Replacement of s 355 (Non-application of pts 6 and 7 to particular persons) Section 355— omit, insert— Page 169 Co mnN WD WN A o Own an 22 24 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 2 Amendment of Education (General Provisions) Act 2006 [s 154] '355 Non-application of pts 5 and 6 to particular persons 'Parts 5 and 6 do not apply to a person in relation to the exercise by the person of the person's powers under an Act at the premises of a State instructional institution or non-State school.'. 154 Amendment of s 357 (Noncompliance with court order) (1) Section 357, heading, 'court'— omit, insert— 'QCAT'. (2) Section 357(1), 'a court'— omit, insert— "QCAT"'. (3) Section 357(2), 'a court'— omit, insert— 'QCAT'. 155 Amendment of s 362 (Noncompliance with dress code) Section 362(3), 'Part 4'— omit, insert— 'Part 3'. 156 Renumbering of ch 12, pts 10 and 11 Chapter 12, parts 10 and 11— renumber as chapter 12, parts 9 and 10. Page 170 MBWN onmonna 2 an FF wWN - OO oO wmona 1 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 2 Amendment of Education (General Provisions) Act 2006 [s 157] 157 Replacement of ch 15, hdg and ch 15, pt 1, hdg Chapter 15, heading and chapter 15, part 1, heading— omit, insert— 'Chapter 15 Internal and external reviews 'Part 1 Internal reviews of decisions by chief executive'. 158 Amendment of s 392 (Review decision) Section 392(5)— omit, insert— "(5) If the review decision is not the decision sought by the applicant, the notice must comply with the QCAT Act, section 157(2).'. 159 Replacement of ch 15, pt 2, hdg (Appeal against review decisions) Chapter 15, part 2, heading— omit, insert— 'Part 2 External reviews by QCAT'. 160 Replacement of s 394 (Appeal to Magistrates Court) Section 394— omit, insert— 394 External review by QCAT 'The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the review decision.'. Page 171 lon an FF WN WNr Oo onan wns 2124 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 2 Amendment of Education (General Provisions) Act 2006 [s 161] 161 Omission of s 395 (Conduct of appeal) Section 395— omit. 162 Amendment of ch 15, pt 3, hdg (Appeals against directions under section 340 or 349) Chapter 15, part 3, heading, 'Appeals against'— omit, insert— 'External reviews of'. 163 Omission of s 396 (Definition for pt 3) Section 396— omit. 164 Replacement of s 397 (Who may appeal) Section 397— omit, insert— '397 Who may apply for external review of direction given 'A person who is given a direction under section 340 or 349 (the original direction) may apply to QCAT for a review of the original direction.'. 165 Replacement of s 398 (Starting an appeal) Section 398— omit, insert— 398 Starting an external review 'The application under section 397 must be made as provided under the QCAT Act.'. Page 172 onan Wns DAD NFP WW 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 2 Amendment of Education (General Provisions) Act 2006 [s 166] Clause 166 Omission of ss 399 and 400 Sections 399 and 400— omit. Clause 167 Amendment of ch 15, pt 4, hdg (Appeal against decision under section 69, 72, 154, 302(4) or 309(6)) Chapter 15, part 4, heading, 'Appeal against'— omit, insert— 'External review of'. Clause 168 Amendment of s 401 (Definitions for pt 4) (1) Section 401, heading, 'Definitions'— omit, insert— 'Definition'. (2) Section 401, definition court— omit. Clause 169 Amendment of s 402 (Appeal) (1) Section 402, heading, 'Appeal'— omit, insert— 'Review'. (2) Section 402(1), from 'appeal' to 'against' — omit, insert— 'apply, as provided under the QCAT Act, to QCAT for a review of'. (3) Section 402(2) to (6)— omit. Page 173 onan Wns RW NY FF CO omrntinanwn 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 2 Amendment of Education (General Provisions) Act 2006 [s 170] Clause 170 Amendment of s 453 (Behaviour plans) Section 453(1), 'part 2'— omit, insert— BR WN 'part 1'. Clause 171 Amendment of sch 4 (Dictionary) (1) Schedule 4, definition accepted representations, paragraphs (d) and (e), 'part 4'— omit, insert— omrAnnnN "part 3'. (2) Schedule 4, definition appropriately qualified, 'part 4'— omit, insert— "part 3'. (3) Schedule 4, definition approved behaviour plan, 'part 2'— omit, insert— 'part 1'. (4) Schedule 4, definition behaviour improvement condition, 'part 4V— arAD NN F&F WN KF OO omit, insert— "part 3'. iS) Co oO (5) Schedule 4, definition behaviour management program, 'part 4V— N — omit, insert— N N "part 3'. NN BR (6) Schedule 4, definition challenging behaviour, 'part 4'— omit, insert— N n "part 3'. N fon Page 174 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 7) (8) (9) (10) qd) (12) (13) (14) Chapter 4 Department of Education and Training Part 2 Amendment of Education (General Provisions) Act 2006 [s 171] Schedule 4, definition court— omit. Schedule 4, definition employee, paragraph (a), 'part 6'— omit, insert— 'part 5'. Schedule 4, definition employee, paragraph (b), 'part 7'— omit, insert— 'part 6'. Schedule 4, definition employee, paragraph (c), 'part 11'— omit, insert— 'part 10'. Schedule 4, definition exempt person, paragraph (a), 'part 6— omit, insert— 'part 5'. Schedule 4, definition exempt person, paragraph (b), 'part Te omit, insert— 'part 6'. Schedule 4, definition parent, paragraph (b), 'part 4'°— omit, insert— "part 3'. Schedule 4, definition review body, 'part 7'7— omit, insert— 'part 6'. Page 175 omrnNI DNDN WN Co WANID UN FP WN KF CO NY w&e NY NY NY WY nA BR WN KF CO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 3 Amendment of Education (Overseas Students) Act 1996 [s 172] (5) (16) d17) Part 3 Schedule 4, definition show cause notice, paragraphs (d) and (e), 'part 4'— omit, insert— "part 3'. Schedule 4, definition show cause period, paragraphs (d) and (e), 'part 4'— omit, insert— "part 3'. Schedule 4, definition student, paragraph (b), 'part 4'°— omit, insert— "part 3'. Amendment of Education (Overseas Students) Act 1996 Clause 172 Act amended This part amends the Education (Overseas Students) Act 1996. Clause 173 Amendment of s 11 (Procedure for suspension or cancellation) "O) Page 176 Section 11(5)— omit, insert— If the chief executive decides to suspend or cancel the registration, the notice must comply with the QCAT Act, section 157(2).'. Co mMmrN DAN FW NRE e aan An \o orn 22 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 174] 174 Replacement of pt 3, hdg (Appeals) Part 3, heading— omit, insert— 'Part 3 Review of decisions'. 175 Amendment of s 19 (Appeals to court) (1) Section 19, heading— omit, insert— "Review by QCAT'. (2) Section 19, from 'appeal' to 'Court'— omit, insert— 'apply, as provided under the QCAT Act, to QCAT for a review of the decision'. 176 Omission of ss 20-25 Sections 20 to 25— omit. Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 177 Act amended This part amends the Education (Queensland College of Teachers) Act 2005. Page 177 BR WN oMmrnNnnann 1721 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 178] Clause 178 Amendment of s 44 (Amending or replacing certificate of registration or certificate of permission to teach) Section 44(4)(b), from 'or 164' to 'Committee' — omit, insert— 'stating QCAT'. Clause 179 Amendment of s 50 (Requirement to give notice of suspension) d) (2) (3) (4) (5) (6) "O) Page 178 Section 50(2)(b), after 'decision' — insert— 'and the evidence or other material on which the decision was based'. Section 50(2)(c), 'the Teachers Disciplinary Committee'— omit, insert— "QCAT'. Section 50(3)(b), after 'decision' — insert— 'and the evidence or other material on which the decision was based'. Section 50(3)(c), 'the Teachers Disciplinary Committee'— omit, insert— "QCAT'. Section 50(4)(b), 'the Teachers Disciplinary Committee' — omit, insert— "QCAT'. Section 50— insert— The college must refer the continuation of the suspension of an approved teacher to QCAT for review under section 53.'. nA fk wWNe Co OnND CAN DUN FF WN FO Kb NYY VY NY YW nn BR wWN KF OS NN on Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 180] Clause 180 Amendment of s 52 (When suspension ends) Section 52(a), 'the Teachers Disciplinary Committee' — omit, insert— 'QCAT'. Clause 181 Replacement of s 53 (Requirement to review continuation of suspension under s 48) Section 53— omit, insert— '53 Requirement to decide whether to continue suspension under s 48 ") 2) 'B) QCAT must decide whether to continue the suspension of an approved teacher under section 48. The matter is to be decided in QCAT's original jurisdiction. The purpose of the decision is for QCAT to decide whether it is an exceptional case in which the best interests of children would not be harmed if the suspension were ended.' . Clause 182 Amendment of s 54 (Committee to give notice inviting submissions to approved teacher) d) (2) (3) Section 54, heading, 'Committee' — omit, insert— 'QCAT'. Section 54(1), 'The Teachers Disciplinary Committee' — omit, insert— "QCAT'. Section 54(3), 'the committee'— omit, insert— "QCAT'. Page 179 omn an RW N Fe DANK W NK CO \o oN 21232527 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 183] Clause 183 Amendment of s 55 (Committee's decision about continuation of suspension) d) (2) (3) (4) (5) (6) 7) "O) (8) Page 180 Section 55, heading, 'Committee's'— omit, insert— "QCAT's'. Section 55(1), 'the Teachers Disciplinary Committee'-— omit, insert— "QCAT"'. Section 55(2), 'the committee'— omit, insert— "QCAT"'. Section 55(3), 'The committee's'— omit, insert— "QCAT's'. Section 55(3)(a), 'the committee' — omit, insert— "QCAT"'. Section 55(4), 'the committee'— omit, insert— "QCAT"'. Section 55(5)— omit, insert— QCAT must, as soon as practicable, give notice of its decision to the approved teacher and the college.'. Section 55(6)(a), 'the committee's'— omit, insert— "QCAT's'. oOo mMmrN DN BW NK omMmrNI DNDN fF WN YF CO Nw WY NF Oo NN BW | a Oe Nn wWN Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 184] (9) Section 55(6)(b)— omit, insert— '(b) if the decision is that it is not an exceptional case—that the teacher may apply, within 28 days after the notice is given and as otherwise provided under the QCAT Act, to QCAT for a review of QCAT's decision.'. Amendment of s 56 (Cancellation if conviction for disqualifying offence and imprisonment or disqualification order imposed) (1) Section 56(4)(a), after 'this Act'— insert— 'or the QCAT Act'. (2) Section 56(6), after 'this Act' — insert— 'or the QCAT Act'. Amendment of s 64 (Requirement to return certificate of registration or permission to teach etc. on suspension or cancellation) Section 64(1), 'the Teachers Disciplinary Committee'— omit, insert— "QCAT'. Amendment of s 67 (Effect of suspension on registration or permission to teach) (1) Section 67(1), 'the Teachers Disciplinary Committee' — omit, insert— "QCAT'. Page 181 'oon DunkRW NY an WN FF OO 0 OND 21 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 187] (2) Section 67(4)(a), 'the Teachers Disciplinary Committee'— omit, insert— "QCAT'. Clause 187 Amendment of s 82 (Only approved teachers may be employed as teachers) Section 82(2), 'the Teachers Disciplinary Committee'— omit, insert— "QCAT'. Clause 188 Amendment of s 97 (Requirement for college to start disciplinary proceedings) d) (2) 2) (3) (4) (4) Page 182 Section 97(1), 'disciplinary committee' — omit, insert— 'disciplinary body'. Section 97(2)— omit, insert— The disciplinary body to which the matter must be referred is— (a) for a show cause matter or general matter—QCAT; or (b) fora PP&C matter—the PP&C committee.'. Section 97(3), 'the Teachers Disciplinary Committee'— omit, insert— "QCAT"'. Section 97— insert— If a matter is referred to QCAT— on HW Ws Co WANIDUN FWN KF CO NY we wY NY WY WY nA BR WN KF OS Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 189] (a) _ the college must inform QCAT about the grounds for the disciplinary matter and the facts and circumstances forming the basis for the grounds; and (b) QCAT must conduct a hearing and make decisions about the disciplinary matter referred to QCAT having regard to the information provided by the college.'. Clause 189 Amendment of ch 5, pt 2, hdg (Show cause matters dealt with by Teachers Disciplinary Committee) Chapter 5, part 2, heading, 'Teachers Disciplinary Committee' — omit, insert— 'QCAT'. Clause 190 Replacement of s 100 (Application of pt 2) Section 100— omit, insert— '100 Application of pt 2 'This part applies to a show cause matter referred to QCAT by— (a) _ the college; or (b) the PP&C committee under chapter 6, part 1.'. Clause 191 Amendment of s 101 (Teachers Disciplinary Committee to give show cause notice) (1) Section 101, heading, 'Teachers Disciplinary Committee'— omit, insert— 'QCAT'. Page 183 Dunk WnNr \o ON N 0 ON HWDN fF W 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 192] (2) (3) Section 101(1), 'The Teachers Disciplinary Committee' — omit, insert— "QCAT'. Section 101(1)(a), 'the committee'— omit, insert— "QCAT'. Clause 192 Amendment of s 102 (Disciplinary action by Teachers Disciplinary Committee—approved teachers) d) (2) (3) (4) (5) (6) Page 184 Section 102, heading, "Teachers Disciplinary Committee' — omit, insert— 'QCAT'. Section 102(2), 'the Teachers Disciplinary Committee'-— omit, insert— "QCAT'. Section 102(2)(b), 'the committee' — omit, insert— "QCAT'. Section 102(3), from 'The committee' to 'the committee'— omit, insert— 'QCAT must decide to cancel the teacher's registration or permission to teach, unless QCAT"'. Section 102(4), 'the committee'— omit, insert— "QCAT'. Section 102(5), from 'If the committee' to 'following' — omit, insert— Dn nn fF WN \o ON eorntinan if WN KF CO \o Nw ro RY KRY YN Nn nn fF WN Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 193 Clause 194 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 193] 'If QCAT decides not to order the cancellation of the teacher's registration or permission to teach, QCAT may do 1 or more of the following'. (7) Section 102(5)(e)— omit, insert— '(e) make an order requiring the teacher to pay to the college, by way of costs, an amount QCAT considers appropriate having regard to— (i) any expenses incurred by the college in investigating the matter; and (ii) the expenses incurred by the college in the proceedings before QCAT;'. (8) Section 102(5)(f) and (i), 'the committee' — omit, insert— 'QCAT'. Amendment of s 103 (Disciplinary action by Teachers Disciplinary Committee—former approved teachers) (1) Section 103, heading, 'Teachers Disciplinary Committee'— omit, insert— 'QCAT'. (2) Section 103(2), 'the Teachers Disciplinary Committee' — omit, insert— 'QCAT'. Amendment of s 104 (Notice and effect of committee's decision) (1) Section 104, heading, 'committee's'— omit, insert— 'QCAT's'. Page 185 COC AOND UN FB WNK nan kW NF CO oo mOmnan 2123 25 27 Queenslai Chapter 4 Part 4 Am [s 195] nd Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Department of Education and Training endment of Education (Queensland College of Teachers) Act 2005 (2) Section 104(1) to (4)— omit, insert— "(1) If QCAT makes a decision under section 102 or 103 and the disciplinary action originated from a complaint, the college must give to the complainant notice of the decision of QCAT and the reasons for the decision. '(2) If QCAT decides to cancel the teacher's registration or permission to teach, the college must also give to the employing authority for, and the principal of, each school at which the teacher is employed notice of the decision of QCAT.. (3) Section 104(5), 'The committee's'— omit, insert— "QCAT's'. (4) Section 104(6), 'the committee's'— omit, insert— "QCAT's'. (5) Section 104(5) and (6)— Clause 195 Clause 196 Page 186 renumber as section 104(3) and (4). Amendment of ch 5, pt 3, hdg (General matters and PP&C matters dealt with by Teachers Disciplinary Committee) Chapter 5, part 3, heading, 'Teachers Disciplinary Committee' — omit, insert— 'QCAT'. Replacement of s 105 (Application of pt 3) Section 105— omit, insert— COAN AUNBW YN oOo mnNInDn FW NY KO 23 25 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 197] '105 Application of pt 3 'This part applies in relation to— (a) a general matter referred to QCAT by the college under section 97; or (b) a PP&C matter referred to QCAT by the PP&C Committee under chapter 6, part 1.'. Clause 197 Amendment of s 106 (Teachers Disciplinary Committee may authorise investigation) (1) Section 106, heading, 'Teachers Disciplinary Committee'— omit, insert— 'QCAT'. (2) Section 106(1), "The Teachers Disciplinary Committee' — omit, insert— "QCAT'. (3) Section 106(2), 'the Teachers Disciplinary Committee' — omit, insert— "QCAT'. (4) Section 106(2)(a), 'the committee' — omit, insert— "QCAT'. Clause 198 Amendment of s 107 (Application of ch 6, pt 2, div 2) Section 107, 'the Teachers Disciplinary Committee'— omit, insert— "QCAT'. Page 187 Dun FW NY \o worn omrNI DNDN fF WN FY CO NX So 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 199] Clause 199 Amendment of s 112 (Reporting of offences) (1) Section 112(1), "Teachers Disciplinary Committee' — omit, insert— "QCAT'. (2) Section 112(2), 'or committee may'— omit, insert— 'or the President of QCAT may'. (3) Section 112(2)(b), 'committee'— omit, insert— "QCAT"'. Clause 200 Amendment of ch 6, hdg (Disciplinary committees) Chapter 6, heading, 'committees'— omit, insert— 'bodies'. Clause 201 Amendment of s 115 (Functions of PP&C committee) Section 115(1)(b), 'the Teachers Disciplinary Committee' — omit, insert— "QCAT'. Clause 202 Amendment of s 123 (Disciplinary action by PP&C committee) (1) Section 123(2)(b)— omit, insert— '(b) refer the matter to QCAT if the committee believes disciplinary action mentioned in section 160(2)(d) to (h) or (j) should be taken against the teacher;'. Page 188 COomMmrN DN BR WN BR WN orninawn 21 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 203] (2) After section 123(4)— insert— '(4A) If the committee decides to refer the disciplinary matter to QCAT— (a) _ the college must inform QCAT about the grounds for the disciplinary matter and the facts and circumstances forming the basis for the grounds; and (b) QCAT must conduct a hearing and make decisions about the disciplinary matter referred to QCAT having regard to the information provided by the college.'. Clause 203 Replacement of ch 6, pt 2, hdg (Teachers Disciplinary Committee) Chapter 6, part 2, heading— omit, insert— 'Part 2 Disciplinary proceedings of QCAT'. Clause 204 Replacement of ch 6, pt 2, div 1 (Establishment, membership and functions) Chapter 6, part 2, division 1— omit, insert— 'Division 1 Constitution of QCAT for disciplinary proceedings '124 Constitution of QCAT for disciplinary proceedings 'For disciplinary proceedings under this Act, QCAT must be constituted by — (a) a legally qualified member who is familiar with school environments; and Page 189 se ADM BPW YN nun FW Ne \o oN 22 25 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 205] (b) 2 other members, of whom— (i) 1 must be a registered teacher; and (ii) 1 must be a person who is not a registered teacher. '125 Presiding member of QCAT 'For a disciplinary proceeding under this Act, the legally qualified member mentioned in section 124 is the presiding member of QCAT.'. Clause 205 Amendment of ch 6, pt 2, div 2, hdg (Disciplinary proceedings conducted by Teachers Disciplinary Committee) Chapter 6, part 2, division 2, heading, 'Teachers Disciplinary Committee' — omit, insert— 'QCAT'. Clause 206 Amendment of s 130 (Application of div 2) (1) Section 130, 'the Teachers Disciplinary Committee'— omit, insert— "QCAT"'. (2) Section 130(b)— omit, insert— '(b) a PP&C matter referred to QCAT by the PP&C committee under section 123(2)(b).'. Clause 207 Omission of s 131 (Parties to disciplinary proceedings) Section 131— omit. Page 190 NAAN fF \o 0 kW Ne CO omrntinanwn 22 24 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 208] Amendment of ch 6, pt 2, div 2, sdiv 2, hdg (Proceedings of Teachers Disciplinary Committee) Chapter 6, part 2, division 2, subdivision 2, heading, 'Teachers Disciplinary Committee' — omit, insert— 'QCAT'. Omission of s 132 (Time and place of hearing) Section 132— omit. Amendment of s 133 (Notice of intention to conduct hearing) (1) Section 133(1)— omit, insert— ") QCAT must give notice of its intention to conduct a proceeding or hearing to— (a) each party; and (b) any other person the tribunal directs to be given notice.'. (2) Section 133(2)— omit, insert— '(2) If the matter originated from a complaint, the college must give the complainant a notice that complies with subsection (3). (3) Section 133(3)(a), after 'teacher' — insert— "given to QCAT under section 97 or 123'. Page 191 Dn Nn BPW NK on ona Uk WN KO \o NNW NRO NY we N nn B&B Ww Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 211] (4) (5) (6) Section 133(3)(b), after 'ground'— insert— "given to QCAT under section 97 or 123'. Section 133(3)(d)— omit. Section 133(3)(e) and (f)— renumber as section 133(3)(d) and (e). Clause 211 Omission of ss 134 and 135 Clause 212 Amendment of s 136 (Committee may require health Sections 134 and 135— omit. assessment) d) (2) (3) (4) Page 192 Section 136, heading, 'Committee' — omit, insert— 'QCAT'. Section 136(1), 'the committee'— omit, insert— "QCAT"'. Section 136(2), 'The committee'— omit, insert— "QCAT"'. Section 136(3), 'The committee'— omit, insert— "QCAT"'. NADU fF WN \o ow oOo mMmrN DN BW NK RO NK WY WY RW NY FF SO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 (5) Section 136(3), 'the committee' — omit, insert— "QCAT"'. (6) Section 136(4)(b), 'the committee'— omit, insert— "QCAT"'. Clause 213 Omission of s 137 (Hearing open to the public) Section 137— omit. [s 213] Clause 214 Amendment of s 138 (Attendance and appearance at hearing) (1) Section 138(1)— omit. (2) Section 138(2), 'the committee' — omit, insert— "QCAT'. (3) Section 138(4)— omit. (4) Section 138(2) and (3)— renumber as section 138(1) and (2). Clause 215 Omission of ss 139-146 Sections 139 to 146— omit. Page 193 Dn nn fF WN on omrNI DN fF WN KO NX So 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 216] Clause 216 Amendment of s 147 (Receiving or adopting findings etc. in other proceedings) Section 147, 'the committee' — omit, insert— "QCAT'. Clause 217 Omission of ss 148-151 Sections 148 to 151— omit. Clause 218 Amendment of s 152 (Interim orders) d) ") (2) (3) (4) (5) Page 194 Section 152(1)— omit, insert— This section applies if QCAT reasonably believes it is necessary to make an interim order exercising a power conferred on QCAT under section 160 or 161.'. Section 152(2), 'The committee'— omit, insert— "QCAT'. Section 152(3), 'the committee'— omit, insert— "QCAT'. Section 152(4)(c), 'the committee'— omit, insert— "QCAT'. Section 152(5)— omit, insert— nA fb wWNe lon oOo mMWmrNI NHN PWNHY fF CO NY we wY NY WY WY nA BR WN KF OS Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 219] '(5) The college must give effect to an interim order made by QCAT. '(6) In this section— interim order means an interim order under the QCAT Act, section 58.'. Omission of s 153 (Committee to make record of proceedings) Section 153— omit. Omission of ch 6, pt 2, div 2, sdiv 3 (Offences about disciplinary proceedings dealt with by Teachers Disciplinary Committee) Chapter 6, part 2, division 2, subdivision 3— omit. Amendment of ch 6, pt 2, div 2, sdiv 4 (Decision on completion of disciplinary proceedings) Chapter 6, part 2, division 2, subdivision 4— renumber as chapter 6, part 2, division 2, subdivision 3. Amendment of s 158 (Decision about whether ground for disciplinary action is established) (1) Section 158(1), 'the committee' — omit, insert— "QCAT"'. (2) Section 158(2), 'the committee' — omit, insert— "QCAT"'. Page 195 oO ND nak WwW NF kW NRO on an 21 2325 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 223] (3) (4) (4) Section 158(3), 'the committee'— omit, insert— "QCAT'. Section 158— insert— In this section— disciplinary committee includes the former Teachers Disciplinary Committee. former Teachers Disciplinary Committee means the Teachers Disciplinary Committee established under this Act before its abolition by the QCAT Act'. Clause 223 Amendment of s 159 (Ending of suspension if ground for disciplinary action not established) d) (2) Section 159(1)(a), 'the committee'— omit, insert— "QCAT"'. Section 159(2), "The Committee'— omit, insert— "QCAT"'. Clause 224 Amendment of s 160 (Decision about disciplinary action against approved teacher) d) (2) Page 196 Section 160(2), from 'If the' to 'committee may'— omit, insert— 'If QCAT decides a ground for disciplinary action against the relevant teacher has been established, QCAT may'. Section 160(2)(f)— omit, insert— CAN DUN FW NY ro oOo mMmrN DN F&F WY 2225 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 (3) Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 225] '(f) make an order requiring the teacher to pay to the college, by way of costs, an amount QCAT considers appropriate having regard to— (i) any expenses incurred by the college in investigating the matter; and (ii) the expenses incurred by the college in the proceedings before QCAT;'. Section 160(2)(g), (j) and (k), 'the committee'— omit, insert— "QCAT'. Clause 225 Amendment of s 161 (Decision about disciplinary action against former approved teacher) d) (2) (3) Section 161(2), from 'If the' to 'committee may'— omit, insert— 'If QCAT decides a ground for disciplinary action against the relevant teacher has been established, QCAT may'. Section 161(2)(b)— omit, insert— '(b) make an order requiring the teacher to pay to the college, by way of costs, an amount QCAT considers appropriate having regard to— (i) any expenses incurred by the college in investigating the matter; and (ii) the expenses incurred by the college in the proceedings before QCAT;'. Section 161(2)(c), 'the committee'— omit, insert— "QCAT'. Page 197 Co WMO ANID NHR WNR eorANI AN BW NK Nw ro) NN WN Nw ns an) ona Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 226] 226 Omission of s 162 (Committee may make an order prohibiting publication of particular information) Section 162— omit. 227 Amendment of ch 6, pt 2, div 2, sdiv 5 (Action after decision about disciplinary action) Chapter 6, part 2, division 2, subdivision 5— renumber as chapter 6, part 2, division 2, subdivision 4. 228 Omission of s 163 (Notification of committee's decision) Section 163— omit. 229 Amendment of s 164 (College may notify other persons) (1) Section 164(1), 'the committee' — omit, insert— "QCAT"'. (2) Section 164(1)(a) and (b), 'the committee's' omit, insert— "QCAT's'. (3) Section 164(3), 'the committee' — omit, insert— "QCAT"'. 230 Amendment of s 165 (Requirement to notify particular interstate regulatory authorities about decision) Section 165, 'the committee' — Page 198 RW Ne on an oOomrNI DN FW WN NY WwW re Oo 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 231] omit, insert— "QCAT'. Clause 231 Amendment of s 166 (Publication of information about disciplinary proceedings by college) (1) Section 166(1), 'the committee' — omit, insert— "QCAT"'. (2) Section 166(4), from 'the committee' — omit, insert— "QCAT under the QCAT Act.'. Clause 232 Amendment of ch 6, pt 2, div 2, sdiv 6 (Effect of decision) Chapter 6, part 2, division 2, subdivision 6— renumber as chapter 6, part 2, division 2, subdivision 5. Clause 233 Amendment of s 167 (Effect of committee's decision) (1) Section 167, heading, 'committee's'— omit, insert— 'QCAT's'. (2) Section 167, 'The committee's'— omit, insert— "QCAT's'. Clause 234 Amendment of s 168 (Implementation of decision) Section 168, 'the committee's'— omit, insert— "QCAT's'. Page 199 N Oo mOnrN HD NN PW omMmrNI DWN Ff 22 24 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 235] Omission of ch 6, pt 2, div 2, sdiv 7 (Immunities) Chapter 6, part 2, division 2, subdivision 7— omit. Amendment of s 170 (Office to keep record of disciplinary proceedings) (1) Section 170(1), after 'proceedings' — insert— "before the PP&C committee'. (2) Section 170(2)(a), 'committee' — omit, insert— "'PP&C committee'. Omission of s 171 (Payment of costs or penalty) Section 171— omit. Amendment of s 201 (Investigator's report) Section 201(2)(b), 'the Teachers Disciplinary Committee' — omit, insert— "QCAT'. Replacement of ch 8, hdg and ch 8, pt 1, hdg Chapter 8, heading and chapter 8, part 1, heading— omit, insert— Page 200 Co mON WD Ns A aonrnnn 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 240] 'Chapter 8 Internal and external reviews 'Part 1 Internal reviews'. Clause 240 Amendment of s 209 (Appeal process for particular decisions starts with internal review) (1) Section 209, heading, 'Appeal'— omit, insert— 'Review'. (2) Section 209(1), 'appeal against' — omit, insert— 'apply for a review of'. (3) Section 209(3), 'appeal'— omit, insert— 'review'. Clause 241 Amendment of s 212 (College's decision) Section 212(2), 'an appeal'— omit, insert— "a review under part 2'. Clause 242 Amendment of s 213 (Notice of review decision) Section 213(2)— omit, insert— '(2) If the review decision is not the decision sought by the applicant, the college must give the applicant a review notice that complies with the QCAT Act, section 157(2).'. Page 201 Co mnN WD WN RW N KF CO orninawn 21 23 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 243] 243 Replacement of ch 8, pt 2, hdg (Appeals) 1 Chapter 8, part 2, heading— 2 omit, insert— 3 'Part 2 External reviews'. 4 244 Omission of s 214 (Definitions for pt 2) 5 Section 214— 6 omit. 245 Replacement of s 215 (Who may appeal) 8 Section 215— 9 omit, insert— 0 '215 Who may apply for external review 1 'A person who has applied for a review of an original decision 2 under part 1 and is dissatisfied with the review may apply to 3 QCAT for a review of the original decision.'. 4 246 Omission of ss 216-219 5 Sections 216 to 219— 6 omit. 247 ~Replacement of s 220 (Application of pt 1) 8 Section 220— omit, insert— 20 '220 Application of pt 1 21 'This part applies to— 22 (a) adisciplinary proceeding in QCAT; and 23 Page 202 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 248] (b) another proceeding under this Act, including other disciplinary proceedings.'. Clause 248 Amendment of s 221 (Appointments and authority) (1) Section 221(a)(vi), 'a disciplinary committee' — omit, insert— 'the PP&C committee'. (2) Section 221(b)(vii), 'a disciplinary committee' — omit, insert— 'the PP&C committee'. Clause 249 Amendment of s 222 (Signatures) (1) Section 222(d)— omit. (2) Section 222(e) and (f)— renumber as section 222(d) and (e). Clause 250 Amendment of s 288 (Register of approved teachers to be kept) Section 288(5), 'the Teachers Disciplinary Committee'— omit, insert— "QCAT'. Clause 251 Amendment of s 294 (Protection from liability) Section 294(1)(g), 'the Teachers Disciplinary Committee' — omit, insert— "QCAT'. Page 203 NOR OmOmANI HD FW RW NF CO owmn an 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 5 Amendment of Education (Queensland Studies Authority) Regulation 2002 [s 252] Clause 252 "oe of s 296 (Administrative support for college 1 etc. (1) Section 296(1), ', the office and the Teachers Disciplinary 3 Committee' — 4 omit, insert— 5 'and the office'. 6 (2) Section 296(2), ', the office or the Teachers Disciplinary 7 Committee' — 8 omit, insert— 9 'or the office'. 0 Clause 253 Amendment of sch 3 (Dictionary) 1 (1) Schedule 3, definitions appealable decision and Teachers 2 Disciplinary Committee— 3 omit. 4 (2) Schedule 3, definition disciplinary committees, from 'and 5 the'— 6 omit, insert— 7 'and QCAT when undertaking disciplinary action under this 8 Act.'. 9 Part 5 Amendment of Education 20 (Queensland Studies Authority) 21 Regulation 2002 22 Clause 254 Regulation amended 23 This part amends the Education (Queensland Studies 24 Authority) Regulation 2002. 25 Page 204 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 5 Amendment of Education (Queensland Studies Authority) Regulation 2002 [s 255] Clause 255 Amendment of s 3R (Failure to decide an application) 1 Section 3R(2), 'appeal against the decision' — 2 omit, insert— 3 'apply for a review of the decision'. 4 Clause 256 Amendment of s 3ZE (Failure to decide an application for 5 renewal of accreditation) 6 Section 3ZE(2), 'appeal against the decision' — 7 omit, insert— 8 'apply for a review of the decision'. 9 Clause 257 Amendment of s 3ZL (Failure to decide an application for 0 a change to a syllabus or guideline) 1 Section 3ZL(2), 'appeal against the decision' — 2 omit, insert— 3 'apply for a review of the decision'. 4 Clause 258 Replacement of pt 9, hdg (Reviews and appeals) 5 Part 9, heading— 6 omit, insert— 7 'Part 9 Internal and external reviews'. 8 Clause 259 Replacement of pt 9, div 1, hdg (Review of decisions) 9 omit, insert— 20 'Division 1 Internal review'. 21 Page 205 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 5 Amendment of Education (Queensland Studies Authority) Regulation 2002 [s 260] Clause 260 Amendment of s 59 (Appeal process starts with internal review) (1) Section 59, heading, 'Appeal'— omit, insert— 'Review'. (2) Section 59(1), 'appeal against' — omit, insert— 'apply for a review of'. (3) Section 59(2), 'appeal' — omit, insert— 'review'. Clause 261 Amendment of s 62 (Review decision) (1) Section 62(2), 'an appeal' — omit, insert— "a review'. (2) Section 62(3), 'an appeal' — omit, insert— "a review'. (3) Section 62(4), 'an appeal' — omit, insert— "'areview'. Clause 262 Amendment of s 63 (Notice of review decision) Section 63(2)— omit, insert— Page 206 oOomrANI DN FW WN NY WwW re Oo 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 5 Amendment of Education (Queensland Studies Authority) Regulation 2002 [s 263] '(2) If the review decision is not the decision sought by the applicant, the review notice must comply with the QCAT Act, section 157(2).'. Clause 263 Replacement of pt 9, div 2, hdg (Appeals) Part 9, division 2, heading— omit, insert— 'Division 2 External reviews'. Clause 264 Replacement of s 64 (Who may appeal) Section 64— omit, insert— "64 Who may seek an external review 'A person who has applied for a review of an original decision under division 1 and is dissatisfied with the review decision may apply, as provided under the QCAT Act, to QCAT for a review of the review decision.'. Clause 265 Omission of ss 65-68 Sections 65 to 68— omit. Page 207 WNrR NAW Fs \o ow OABWN FF © lon Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 6 Amendment of Higher Education (General Provisions) Act 2008 [s 266] Part 6 Amendment of Higher Education (General Provisions) Act 2008 Clause 266 Act amended This part amends the Higher Education (General Provisions) Act 2008. Clause 267 Amendment of s 19 (Registration taken to be in force while application is considered) (1) Section 19(1)(b)q@), 'appeal against' — omit, insert— 'apply to QCAT under part 6 for a review of'. (2) Section 19(1)(b)Gi)— omit, insert— '(ii) if an application for review by QCAT is made—the day the review is decided.' . Clause 268 Amendment of s 22 (Changing conditions of registration) (1) Section 22(4)(a), 'appeal against'— omit, insert— 'apply to QCAT under part 6 for a review of'. (2) Section 22(4)(b)— omit, insert— '(b) if an application for review by QCAT is made—the day the review is decided.'. Page 208 An f \o worn nk WN FF © oO wmona 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 269 Clause 270 Clause 271 Chapter 4 Department of Education and Training Part 6 Amendment of Higher Education (General Provisions) Act 2008 [s 269] Amendment of s 32 (Accreditation taken to be in force while application is considered) (1) Section 32(1)(b)Q), 'appeal against' — omit, insert— 'apply to QCAT under part 6 for a review of'. (2) Section 32(1)(b)(ii)— omit, insert— '(ii) if an application for review by QCAT is made—the day the review is decided.' . Amendment of s 35 (Changing conditions of accreditation) (1) Section 35(4)(a), 'appeal against' — omit, insert— 'apply to QCAT under part 6 for a review of'. (2) Section 35(4)(b)— omit, insert— '(b) if an application for review by QCAT is made—the day the review is decided.'. Amendment of s 54 (Self-accrediting authority taken to be in force while application is considered) (1) Section 54(1)(b)q), 'appeal against' — omit, insert— 'apply to QCAT under part 6 for a review of'. (2) Section 54(1)(b)Gi)— omit, insert— '(ii) if an application for review by QCAT is made—the day the review is decided.' . Page 209 COmAAN DN FW NK ON nn fF WN FO 21 2325 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 6 Amendment of Higher Education (General Provisions) Act 2008 [s 272] Clause 272 Clause 273 Clause 274 Amendment of s 56 (Changing conditions of self-accrediting authority) (1) Section 56(4)(a), 'appeal against'— omit, insert— 'apply to QCAT under part 6 for a review of'. (2) Section 56(4)(b)— omit, insert— '(b) if an application for review by QCAT is made—the day the review is decided.'. Amendment of s 97 (Approval taken to be in force while application is considered) (1) Section 97(1)(b)q@), 'appeal against' — omit, insert— 'apply to QCAT under part 6 for a review of'. (2) Section 97(1)(b)Gi)— omit, insert— '(ii) if an application for review by QCAT is made—the day the review is decided.' . Amendment of s 99 (Changing conditions of approval) (1) Section 99(4)(a), 'appeal against'— omit, insert— 'apply to QCAT under part 6 for a review of'. (2) Section 99(4)(b)— omit, insert— '(b) if an application for review by QCAT is made—the day the review is decided.'. Page 210 COmAAN DN FW NK ON nn fF WN FO 212326 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 6 Amendment of Higher Education (General Provisions) Act 2008 [s 275] 275 Replacement of pt 6, hdg (Appeals) Part 6, heading— omit, insert— 'Part 6 Review of decisions'. 276 Replacement of s 106 (Who may appeal) Section 106 and note— omit, insert— "106 Who may apply for review 'A person who is given, or is entitled to be given, an information notice for a decision of the Minister (the original decision) may apply, as provided under the QCAT Act, to QCAT for a review of the original decision.'. 277 Omission of s 107 (Starting appeals) Section 107— omit. 278 Replacement of s 108 (Hearing procedures) Section 108— omit, insert— '108 Hearing procedures 'The review of a decision by QCAT is by way of rehearing on the material before the Minister and any further evidence allowed by QCAT.'. 279 Omission of s 109 (Powers of court on appeal) Section 109— omit. Page 211 BR WN omrnNn nn ona 22 24 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 7 Amendment of Vocational Education, Training and Employment Act 2000 [s 280] 280 Amendment of s 127 (Cancellation of relevant authority) (1) Section 127(5)(a), 'appeal against'— omit, insert— 'apply to QCAT under part 6 for a review of'. (2) Section 127(5)(b)— omit, insert— '(b) if an application for review by QCAT is made—the day the review is decided.'. 281 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition appellant— omit. (2) Schedule 2, definition information notice, from 'a notice'— omit, insert— 'a notice complying with the QCAT Act, section 157(2).'. Part 7 Amendment of Vocational Education, Training and Employment Act 2000 282 Act amended This part amends the Vocational Education, Training and Employment Act 2000. 283 Insertion of new s 141BA After section 141B— insert— Page 212 AI NH NN BP WN 11131620 22 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 7 Amendment of Vocational Education, Training and Employment Act 2000 [s 284] '141BA Ombudsman may refuse to deal with matters before QCAT 'The ombudsman may refuse to deal with, or refuse to continue to deal with, an application for review of an adverse decision about an employment exemption if— (a) an application is made for review of the adverse decision under the QCAT Act; or (b) _ the adverse decision has been reviewed by QCAT.'. 284 Amendment of s 141D (Ombudsman to review decision and report findings) Section 141D(2)— omit, insert— '(2) The notice must state that the person may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. 285 __—sInsertion of new s 144A After section 144— insert— '144A Arrangements between the ombudsman and QCAT 'The ombudsman and QCAT may enter into arrangements for— (a) the transfer of matters from the ombudsman to QCAT that are the subject of complaint, investigation or inquiry by the ombudsman and could also be the subject of an application for review before QCAT; and (b) the transfer of matters from QCAT to the ombudsman that are the subject of an application for review before QCAT and could also be the subject of a complaint, investigation or inquiry by the ombudsman; and (c) dealing with matters that are the subject of an application to QCAT and that are also the subject of a Page 213 CDAD NHBW NK RW NF Oo aorannanwn 2224 2628 30 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 7 Amendment of Vocational Education, Training and Employment Act 2000 [s 286] Clause 286 Clause 287 Page 214 complaint, investigation or inquiry or other action by the ombudsman.'. Amendment of s 183B (Decision about employment exemption) Section 183B(4)(d) and (e)— omit, insert— '(d) that the young person or parent of the young person (e) (f) may— (i) within 30 days after receiving the notice, apply to have the decision reviewed by the ombudsman; or (ii) apply, as provided under the QCAT Act, to QCAT for a review of the decision; how to apply for a review; any right the young person or parent of the young person has to have the operation of the decision stayed.'. Amendment of s 183C (Amending or cancelling employment exemption) Section 183C(5)(d) and (e)— omit, insert— '(d) that the young person or parent of the young person (f) may— (i) within 30 days after receiving the notice, apply to have the decision reviewed by the ombudsman; or (ii) apply, as provided under the QCAT Act, to QCAT for a review of the decision; how to apply for a review; any right the young person or parent of the young person has to have the operation of the decision stayed.'. NOR 0 ON NWN Nn FW nk Ww NF CO ona 23 25 28 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 '224 Chapter 4 Department of Education and Training Part 7 Amendment of Vocational Education, Training and Employment Act 2000 [s 288] Replacement of ch 8, hdg (Appeals) Chapter 8, heading— omit, insert— "Reviews and appeals'. Replacement of s 224 (Appeal to Magistrates Court) Section 224— omit, insert— Review by QCAT '1)_ A person aggrieved by any of the following decisions may apply to QCAT for a review of the decision— (a) (b) (c) (d) a decision about the registration of a training organisation; a decision about the accreditation of a course; a decision about the recognition of a group training organisation or principal employer organisation; a decision about an employment exemption for a young person in the compulsory participation phase. '(2) The application must be made— (a) (b) for a decision mentioned in subsection (1)(d) that is reviewed by the ombudsman—within 28 days after being given a notice under section 141D and as otherwise provided under the QCAT Act; or otherwise—as provided under the QCAT Act.'. Omission of ss 225-229 Sections 225 to 229— omit. Page 215 BR WN omrnNn nn CAND NFP W NK CO NNW NRF Ow N w 25 Queenslai nd Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 4 Department of Education and Training Part 8 Amendment of Vocational Education, Training and Employment Regulation 2000 [s 291] Clause 291 Omission of s 340 (Remission of matters by magistrates court to board) Section 340— omit. Clause 292 Amendment of sch 3 (Dictionary) Schedule 3, definition information notice, paragraphs (d) and (e)— omit, insert— '(d) for a decision appealable under section 230, the person to whom the notice is given may appeal the decision within 21 days; (e) for a decision reviewable under section 224, that the person to whom the notice is given may apply, as provided under the QCAT Act, to QCAT for a review of the decision; (f) how the person may appeal or apply for the review; (g) any right the person has to have the operation of the decision stayed; (h) other information required under this Act to be stated in the notice.'. Part 8 Amendment of Vocational Education, Training and Employment Regulation 2000 Clause 293 Regulation amended Page 216 This part amends the Vocational Education, Training and Employment Regulation 2000. oWmWnntnn SCO OND UNUBWN YK CO NX 2226 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 1 Amendment of Agricultural Chemicals Distribution Control Act 1966 [s 294] Clause 294 Amendment of s 6D (Cancellation of transfer approval) Section 6D(5)(a) and (b)— omit, insert— '(a) the last day that the holder may apply to QCAT for a review of the decision; or (b) _ if an application for review is made—until the end of the review. . Chapter 5 Department of Employment, Economic Development and Innovation Part 1 Amendment of Agricultural Chemicals Distribution Control Act 1966 Clause 295 Act amended This part amends the Agricultural Chemicals Distribution Control Act 1966. Clause 296 Amendment of s 22 (Right of appeal to Magistrates Court) (1) Section 22, heading— omit, insert— '22 Right of review by QCAT'. (2) Section 22(2)— omit, insert— Page 217 NAD NH WN An 21 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 2 Amendment of Agricultural Chemicals Distribution Control Regulation 1998 [s 297] '(2) The applicant or licensee may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. (3) Section 22(3)— omit. Omission of ss 22A—22E Sections 22A to 22E— omit. Amendment of s 23 (Effect of suspension) Section 23, 'the court, — omit, insert— "QCAT, the'. Amendment of schedule (Dictionary) Schedule, definition information notice— omit, insert— 'information notice means a notice complying with the QCAT Act, section 157(2).'. Part 2 Amendment of Agricultural Page 218 Chemicals Distribution Control Regulation 1998 Regulation amended This part amends the Agricultural Chemicals Distribution Control Regulation 1998. Dun fF Wh 1822 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 2 Amendment of Agricultural Chemicals Distribution Control Regulation 1998 Clause 301 Clause 302 Amendment of s 12 (Cancellation of result and re-examination) (1) Section 12(4), 'written notice of' — omit, insert— 'an information notice for'. (2) Section 12(5)— omit. (3) Section 12(6)— omit, insert— [s 301] '(6) The candidate may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. (4) Section 12(7)— omit. (5) Section 12(8), 'the court'— omit, insert— "QCAT'. (6) Section 12(6) and (8)— renumber as section 12(5) and (6). Amendment of s 15 (Notice of refusal) (1) Section 15(1), 'notice of the decision' — omit, insert— 'an information notice for the decision'. (2) Section 15(2)— omit. Page 219 oOo mMmrN DN BW NK orntnan fF WN FO 2123 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 2 Amendment of Agricultural Chemicals Distribution Control Regulation 1998 [s 303] Amendment of s 16 (Notice of suspension by standards officer) (1) Section 16(1), 'notice'— omit, insert— 'an information notice for the decision'. (2) Section 16(2)— omit. Replacement of s 17 (Right of appeal) Section 17— omit, insert— Right of review '(1) | This section applies if the standards officer gives the holder of a suspended licence an information notice for the officer's decision to suspend the licence. '(2) The holder may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. Replacement of s 18 (Substituted decision on appeal) Section 18— omit, insert— Substituted decision on review 'Sections 16 and 17 do not apply to a decision that QCAT substitutes for the decision that was reviewed.' . Amendment of s 19 (Surrender of licence suspended by standards officer) (1) Section 19(1), 'A notice'— omit, insert— 'An information notice'. Page 220 \o @w ND UW BW Ne An BWN KF CO on 22 24 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 2 Amendment of Agricultural Chemicals Distribution Control Regulation 1998 (2) (3) [s 307] Section 19(2), 'notice'— omit, insert— 'information notice'. Section 19(3), 'an appeal'— omit, insert— "'areview'. Clause 307 Amendment of s 19A (Surrender of licence suspended or cancelled by chief executive) Section 19A(3), 'an appeal'— omit, insert— "'areview'. Clause 308 Amendment of s 39 (Application for a distribution permit) Section 39(5)(b), 'a notice under section 42 refusing the application' — omit, insert— 'an information notice for the refusal'. Clause 309 Amendment of s 41 (Distribution permit conditions) d) (2) Section 41(2), 'written notice'— omit, insert— 'an information notice for the decision'. Section 41(3)— omit. Page 221 Dn nn fF WN on nn FW WN ~ 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 2 Amendment of Agricultural Chemicals Distribution Control Regulation 1998 [s 310] Clause 310 Amendment of s 42 (Notice of refusal) (1) Section 42(1), 'written' — omit, insert— 'an information'. (2) Section 42(2)— omit. Dn nn fF WN Clause 311 Amendment of s 43 (Right of appeal) on (1) Section 43, heading, 'appeal'— omit, insert— 9 'review'. (2) Section 43(1)(a), 'notice of'— omit, insert— 'an information notice for'. (3) Section 43(2)— omit, insert— '(2) The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the decision to refuse the application or impose the permit condition.'. (4) Section 43(3)— omit. (5) Section 43(4), 'the court'— omit, insert— "QCAT'. (6) Section 43(4)— renumber as section 43(3). C0 AANAD NHN FWY KF OS NY we wY NY WY nA BR WN KS CO Page 222 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 3 Amendment of Agricultural Standards Act 1994 [s 312] Part 3 Amendment of Agricultural 1 Standards Act 1994 2 Clause 312 Act amended 3 This part amends the Agricultural Standards Act 1994. Clause 313 Amendment of pt 5, hdg (Review of decisions) 5 Part 5, heading, 'Review' — 6 omit, insert— 7 'Internal review' . 8 Clause 314 Amendment of s 47 (Who may apply for review etc.) 9 (1) Section 47, heading, 'review' — 0 omit, insert— 1 'internal review'. 2 (2) Section 47, 'a review' — 3 omit, insert— 4 'an internal review'. 5 Clause 315 Amendment of s 48 (Applying for review) 6 (1) Section 48, heading, 'review' — 7 omit, insert— 8 'internal review'. 9 (2) Section 48(1), (3) and (4), 'review' — 20 omit, insert— 21 'internal review'. 22 Page 223 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 3 Amendment of Agricultural Standards Act 1994 [s 316] Clause 316 Replacement of s 49 (Chief executive's decision on review) Section 49— omit, insert— '49 Chief executive's decision on internal review ") 2) The chief executive must make a decision on an application for internal review, and must give the applicant an information notice for the decision, within 28 days after the application is made. If a decision under subsection (1) is not made within the 28 day period, the chief executive is taken to have made a decision at the end of the period confirming the original decision.'. Clause 317 Replacement of s 50 (Stay of operation of original decision etc.) Section 50— omit, insert— '50 Stay of operation of original decision etc. ") 2) 'B) (4) Page 224 If an application is made under this part for internal review of a decision, the applicant may immediately apply, as provided under the QCAT Act, to QCAT for a stay of the decision. QCAT may stay the decision to secure the effectiveness of the internal review and any later application to QCAT for external review of the decision. A stay— (a) may be given on conditions QCAT considers appropriate; and (b) operates for the period fixed by QCAT; and (c) may be revoked or amended by QCAT. The period of a stay under this section must not extend past the time when the chief executive reviews the decision and COMAND UN BW NK WNr oO eorAI DHA Ws 2327 29 31 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation "O) Part 3 Amendment of Agricultural Standards Act 1994 [s 318] any later period QCAT allows the applicant to enable the applicant to apply to QCAT for external review of the chief executive's decision. The making of an application under this part for internal review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.'. 318 Replacement of pt 6 (Appeals) 'Part 6 Part 6— omit, insert— External reviews by QCAT 51 Who may apply for review 'A person who is given, or is entitled to be given, an information notice for a decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.' . 319 Amendment of schedule (Dictionary) Schedule— insert— 'external review, for a decision, means a review of the decision by QCAT under the QCAT Act. information notice means a notice complying with the QCAT Act, section 157(2).'. Page 225 Dunk WnNr on MBWN FF © ona 22 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 4 Amendment of Animal Care and Protection Act 2001 [s 320] Part 4 Amendment of Animal Care and Protection Act 2001 320 Act amended This part amends the Animal Care and Protection Act 2001. 321 Amendment of s 192 (General provisions for orders under pt 3) Section 192(4)— insert— "Note— See also sections 9 (Act does not affect other rights or remedies) and 204(2) (Particular powers about seizure or forfeiture).'. 322 Replacement of ch 7, pt 4, div 1, hdg (Review of decisions) Chapter 7, part 4, division 1, heading— omit, insert— 'Division 1 Internal reviews'. 323 Replacement of ss 193 and 194 Sections 193 and 194— omit, insert— '193 Internal review process 'Every appeal against, or external review of, an original decision must be in the first instance by way of an application for internal review. Page 226 omn an Nn Wn FB WN ro on 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 4 Amendment of Animal Care and Protection Act 2001 [s 324] 194 Who may apply for internal review 'An interested person for an original decision may apply to the chief executive for an internal review of the decision (an internal review application). . Clause 324 Amendment of s 195 (Requirements for making application) d) (2) Section 195(1), 'A review' — omit, insert— 'An internal review'. Section 195(2), 'a review' — omit, insert— 'an internal review'. Clause 325 Amendment of s 196 (Stay of operation of original decision) d) (2) (3) 'B) Section 196(1) and (6), 'A review' — omit, insert— 'An internal review'. Section 196(2), 'Magistrates Court' — omit, insert— 'relevant body'. Section 196(3)— omit, insert— The relevant body may stay the original decision to secure the effectiveness of the internal review and a later appeal to the court or external review by QCAT.'. Page 227 oo mn aN BRWN N Oo mOmrN DN FW 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 4 Amendment of Animal Care and Protection Act 2001 [s 326] (4) Section 196(4), 'court'-— omit, insert— 'relevant body'. (5) Section 196(5), from 'a review' — omit, insert— 'an internal review decision about the original decision and any later period the relevant body allows the applicant to enable the applicant to appeal against, or apply for an external review of, the internal review decision.' . (6) Section 196— insert— '(7) In this section— relevant body means— (a) for an original decision to seize or forfeit an animal or other thing—the Magistrates Court; or (b) for another original decision—QCAT.'. Clause 326 Amendment of s 197 (Review decision) (1) Section 197, heading— omit, insert— '197 Internal review'. (2) Section 197(1), 'a review' — omit, insert— 'an internal review'. (3) Section 197(1)(b), '(the review decision)' — omit, insert— '(the internal review decision)'. Page 228 SCWMHINID MN PWN DR nk WN KY CO ~ 21 2325 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 4 Amendment of Animal Care and Protection Act 2001 [s 327] (4) Section 197(4) and (5)— omit, insert— '(4) _ If the internal review decision confirms the original decision, for the purpose of an appeal or external review, the original decision is taken to be the internal review decision. '(5) If the internal review decision amends the original decision, for the purpose of an appeal or external review, the original decision as amended is taken to be the internal review decision.' . 327 Replacement of s 198 (Notice of review decision) Section 198— omit, insert— '198 Notice of internal review decision '(1) The chief executive must, within 10 days after making an internal review decision, give the applicant notice (the internal review notice) of the decision. '(2) _ If the internal review decision is not the decision sought by the applicant, the internal review notice must— (a) for an original decision to seize or forfeit an animal or other thing, state the following— (i) the reasons for the decision; (ii) that the applicant may, within 28 days after the notice is given, appeal against the decision to the Magistrates Court; (iii) how to appeal; (iv) that the applicant may apply to the court for a stay of the decision; or (b) for another decision—be accompanied by a QCAT information notice for the decision. Page 229 CAND NSW YN erN ANF WN KF CO NX ow N — NNN BRWN N n NW mon NW ow Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 4 Amendment of Animal Care and Protection Act 2001 [s 328] '(3) If the chief executive does not give the internal review notice within the 10 days, the chief executive is taken to have made an internal review decision confirming the original decision. '(4) For a decision mentioned in subsection (2)(b), the chief executive must give an information notice only if this Act so requires.'. 328 Insertion of new ch 7, pt 4, div 1A Chapter 7, part 4— insert— 'Division 1A External reviews by QCAT "198A Who may apply for external review 'If an interested person has applied for an internal review of an original decision, other than an original decision to seize or forfeit an animal or other thing, any interested person for the decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.'. 329 Replacement of s 199 (Who may appeal) Section 199— omit, insert— "199 Who may appeal 'If an interested person has applied for an internal review of an original decision to seize or forfeit an animal or other thing, any interested person for the decision may appeal against the internal review decision to the Magistrates Court.'. Page 230 Dunk WnNr ~ DNNnkRWN ~ 2224 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 4 Amendment of Animal Care and Protection Act 2001 [s 330] 330 Amendment of s 200 (Starting appeal) Section 200(2), 'review' — omit, insert— 'internal review'. 331 Amendment of s 201 (Stay of operation of review decision) (1) Section 201, heading, 'review'— omit, insert— 'internal review'. (2) Section 201(1), 'a review' — omit, insert— 'an internal review'. 332 Amendment of s 202 (Hearing procedures) Section 202, 'review' — omit, insert— 'internal review'. 333 Amendment of s 203 (Court's powers on appeal—general) Section 203, 'review' — omit, insert— 'internal review'. 334 Amendment of s 204 (Further powers for appeal about seizure or forfeiture) (1) Section 204, heading, 'Further powers for appeal'— omit, insert— Page 231 Db omni an RW N Fe nn & W \o ON 21 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 4 Amendment of Animal Care and Protection Act 2001 [s 335] (2) (3) (4) (5) 'Particular powers'. Section 204(1)— omit. Section 204(2), 'the forfeiture'— omit, insert— 'an internal review decision about forfeiture'. Section 204(3), 'the seizure'— 'an internal review decision about seizure'. Sections 204(2) to (4)— renumber as sections 204(1) to (3). Clause 335 Amendment of schedule (Dictionary) d) (2) (3) Page 232 Schedule, definitions review application and_ review decision— omit. Schedule— insert— 'external review, for a decision, means a review of the decision by QCAT under the QCAT Act. internal review application see section 194. internal review decision see section 197(1)(b). QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Schedule, definition information notice, 'a review' — omit, insert— 'an internal review'. Co mMmrN DN FB WN So COC PON DN FP WN NX So NW NOR NY we N nan B&B w Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 5 Amendment of Apiaries Regulation 1998 [s 336] Part 5 Amendment of Apiaries Clause 336 Clause 337 Clause 338 Clause 339 Regulation 1998 Regulation amended This part amends the Apiaries Regulation 1998. Amendment of s 2 (Definitions) Section 2— insert— 'information notice means a notice complying with the QCAT Act, section 157(2).'. Amendment of s 8A (Notice of decisions under div 2) (1) Section 8A(1), 'written notice' — omit, insert— 'an information notice for the decision'. (2) Section 8A(2)— omit. Amendment of s 16 (Direction to move to quarantine) Section 16— insert— '(3) The inspector must give each of the following persons an information notice for the decision to give the direction— (a) the owner of the appliance, bee, bee product or hive; (b) the person in charge of the appliance, bee, bee product or hive.'. Page 233 omArninn an FF wWN FF © Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 5 Amendment of Apiaries Regulation 1998 [s 340] Clause 340 Amendment of s 17A (Notice of refusal of permission) (1) Section 17A(1), 'written notice'— omit, insert— 'an information notice for the decision'. (2) Section 17A(2)— omit. Clause 341 Replacement of pt 4, hdg (Appeals) Part 4, heading— omit, insert— 'Part 4 Reviews'. Clause 342 Amendment of s 18 (Appeals against certain decisions) (1) Section 18, heading, 'Appeals against certain' — omit, insert— 'Review of particular'. (2) Section 18, from '(an appellant)' to '(the decision-maker)' — omit, insert— 'may apply, as provided under the QCAT Act, to QCAT for a review of the decision stated for the person'. Clause 343 Omission of ss 19-23 Sections 19 to 23— omit. Page 234 Dn nn fF WN on ONY Dn FB WN 21 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 6 Amendment of Associations Incorporation Act 1981 [s 344] Part 6 Amendment of Associations Incorporation Act 1981 Act amended This part amends the Associations Incorporation Act 1981. Amendment of pt 12, hdg (Reviews and appeals) Part 12, heading, 'and appeals' — omit. Amendment of pt 12, div 1, hdg (Review of decisions) Part 12, division 1, heading, 'Review' — omit, insert— 'Internal review' . Replacement of s 111 (Stay of operation of decision) Section 111— omit, insert— Stay of operation of disputed decision '(1) If an application is made under this division for review of a decision (the disputed decision), the applicant may immediately apply, as provided under the QCAT Act, to QCAT for a stay of the disputed decision. '(2) QCAT may stay the disputed decision to secure the effectiveness of the review and any later review by QCAT. "3) Astay— (a) may be given on conditions QCAT considers appropriate; and (b) operates for the period fixed by QCAT; and Page 235 CMHINID NN FW WN 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 6 Amendment of Associations Incorporation Act 1981 [s 348] (c) may be revoked or amended by QCAT. '(4) The period of a stay under this section must not extend past the time when the chief executive reviews the disputed decision and any later period QCAT allows the applicant to enable the applicant to apply for a review of the chief executive's decision (the reviewable decision). '(S) The making of an application for review of a reviewable decision affects the reviewable decision, or the carrying out of the reviewable decision, only if the reviewable decision is stayed.'. Clause 348 Amendment of s 112 (Decision on reconsideration) (1) Section 112(1), from 'this part' — omit, insert— 'this division for review of a disputed decision.' . (2) Section 112(4)— omit, insert— '(4) If the decision (the reviewable decision) is not the decision sought by the applicant, the chief executive must give the applicant a QCAT information notice for the decision. "(5) In this section— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Clause 349 Replacement of pt 12, div 2 (Appeals against reconsidered decisions) Part 12, division 2— omit, insert— Page 236 COMI ADAUNBWN So COmMANI DUN BP WN NX So NW NOR 24 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 7 Amendment of Biodiscovery Act 2004 [s 350] 'Division 2 External review of decisions 1 '113. Who may seek external review 2 'A person whose interests are affected by a reviewable 3 decision under section 112 may apply, as provided under the 4 QCAT Act, to QCAT for a review of the reviewable decision.'. 5 Part 7 Amendment of Biodiscovery 6 Act 2004 7 Clause 350 Act amended 8 This part amends the Biodiscovery Act 2004. Clause 351 Amendment of s 21 (Procedure for amendment, 0 suspension or cancellation) 1 (1) Section 21(4), 'an information notice'— 2 omit, insert— 3 'a QCAT information notice about the decision'. 4 (2) Section 21(5)(a) and (b), 'information' — 5 omit, insert— 6 'QCAT information'. 7 Clause 352 Amendment of 22 (Returning collection authority on 8 cancellation) 9 Section 22, 'an information' — 20 omit, insert— 21 'a QCAT information'. 22 Page 237 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 7 Amendment of Biodiscovery Act 2004 [s 353] 353 Amendment of s 86 (Return of seized things) Section 86(1)(b), after 'any' — insert— 'review or'. 354 Replacement of pt 9, hdg (Review of decisions) Part 9, heading— omit, insert— 'Part 9 Internal reviews'. 355 Replacement of pt 10 (Appeals) Part 10O— omit, insert— 'Part 10 External reviews '103 Review of decision by QCAT 'A person who is given a QCAT information notice about a decision of the EPA chief executive under section 21 may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. 356 Amendment of schedule (Dictionary) (1) Schedule, definition information notice— omit. (2) Schedule— insert— 'information notice, about a decision of the EPA chief executive under section 14, means a written notice stating each of the following— Page 238 BR WN omaranininanwn ANAK W \o ow 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 8 Amendment of Body Corporate and Community Management Act 1997 [s 357] (a) the decision; (b) the reasons for the decision; (c) that the person to whom the notice is given may, within 20 business days after the day the notice is given, ask the EPA Minister to review the decision; (d) how the person may apply for the review. QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Part 8 Amendment of Body Corporate and Community Management Act 1997 Clause 357 Act amended This part amends the Body Corporate and Community Management Act 1997. Clause 358 Amendment of s 48 (Adjustment of lot entitlement schedule) (1) Section 48(1)(b)— omit, insert— '(b) as provided under the QCAT Act, for an order of QCAT exercising the tribunal's original jurisdiction for the adjustment of a lot entitlement schedule.'. (2) Section 48(5), (7) and (10), 'the CCT'— omit, insert— "QCAT'. Page 239 CNY DD NPW YN RW onan 2224 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 8 Amendment of Body Corporate and Community Management Act 1997 [s 359] Clause 359 Amendment of s 49 (Criteria for deciding just and equitable circumstances) Section 49(1) to (5), 'the CCT'— omit, insert— 'QCAT'. Clause 360 Amendment of s 62 (Body corporate to consent to recording of new statement) Section 62(4)(b), 'the CCT'— omit, insert— "QCAT'. Clause 361 Amendment of s 133 (Disputes arising out of review) (1) Section 133(2)(b)— omit, insert— '(b) as provided under the QCAT Act, for an order of QCAT exercising the tribunal's original jurisdiction to resolve the dispute.'. (2) Section 133(3), 'the CCT'— omit, insert— "QCAT'. Clause 362 Amendment of s 135 (Other provisions about review) Section 135(2)(b), 'the CCT'— omit, insert— "QCAT'. Page 240 nA fb wWNe oO ND oO mMmrN DANK WN KS 21 23 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 8 Amendment of Body Corporate and Community Management Act 1997 [s 363] Amendment of s 149A (Specialist adjudication or CCT jurisdiction) (1) Section 149A, heading, 'CCT'— omit, insert— 'QCAT'. (2) Section 149A(b)— omit, insert— '(b) as provided under the QCAT Act, for an order of QCAT exercising the tribunal's original jurisdiction to resolve the dispute.'. Amendment of s 149B (Specialist adjudication or CCT jurisdiction) (1) Section 149B, heading, 'CCT'— omit, insert— 'QCAT'. (2) Section 149B(2)(b)— omit, insert— '(b) as provided under the QCAT Act, for an order of QCAT exercising the tribunal's original jurisdiction to resolve the dispute.'. Amendment of s 178 (Review of exclusive use by-law) Section 178(2)(b)— omit, insert— '(b) as provided under the QCAT Act, for an order of QCAT exercising the tribunal's original jurisdiction to resolve the dispute.'. Page 241 COmAAN DN FW NK So SCOmDmAAN DUN FW Ne NX 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 8 Amendment of Body Corporate and Community Management Act 1997 [s 366] Clause 366 Amendment of s 229 (Exclusivity of dispute resolution provisions) d) (2) (3) (4) "O) Section 229(2)(a)(11)— omit, insert— i) an order of QCAT exercising the tribunal's original jurisdiction under the QCAT Act; or'. Section 229(2)(b)— omit, insert— '(b) an order of the appeal tribunal on appeal from a specialist adjudicator or QCAT on a question of law.'. Section 229(3)(b)— omit, insert— '(b) an order of the appeal tribunal on appeal from an adjudicator on a question of law.'. Section 229— insert— Also, subsections (2) and (3) do not limit— (a) the powers of QCAT under the QCAT Act to— (i) refer a question of law to the Court of Appeal; or (ii) transfer a proceeding, or a part of a proceeding, to the Court of Appeal; or (b) the right of a party to make an appeal from QCAT to the Court of Appeal under the QCAT Act.'. Clause 367 Amendment of s 230 (Structure of arrangements) Page 242 Section 230(3), sixth dot point, 'District Court and the CCT'— omit, insert— 'appeal tribunal'. oo mrN AN FW Ne onan WN KF CO \o Nw ro NN WN 26 28 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 8 Amendment of Body Corporate and Community Management Act 1997 [s 368] 368 Amendment of s 239C (Continuation of application if standing of party changes) (1) Section 239C(5) and (6)— renumber as section 239C(6) and (7). (2) Section 239C— insert— '(5) If the commissioner substitutes another person (the substitute person) as the relevant person for the application, the commissioner must give a QCAT information notice to— (a) _ the applicant for the application; and (b) _ the substitute person.'. 369 Amendment of s 241A (Applicant to be given notice of decision to reject application) Section 241A, from 'written'— omit, insert— 'QCAT information notice.'. 370 Amendment of s 245 (Change or withdrawal of application) (1) Section 245(3)— renumber as section 245(4). (2) Section 245— insert— '(3) If the commissioner withholds permission to change the application, or imposes conditions on the permission to change the application, the commissioner must give the applicant a QCAT information notice.'. Page 243 CMAN DN BW NK Hn Nn & WH \o ON 212426 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 8 Amendment of Body Corporate and Community Management Act 1997 [s 371] Clause 371 Amendment of s 288A (Definitions for pt 11) (1) Section 288A, heading, 'Definitions' — omit, insert— 'Definition'. (2) Section 288A, definition appeal body— omit. Clause 372 Amendment of s 289 (Right to appeal to District Court or CCT) (1) Section 289, heading, 'District Court or CCT' — omit, insert— 'appeal tribunal'. (2) Section 289(2), 'appeal body'— omit, insert— 'appeal tribunal'. Clause 373 Amendment of s 290 (Appeal) (1) Section 290(1), 'appeal body'— omit, insert— 'appeal tribunal'. (2) Section 290(2)— omit. (3) Section 290(3), 'relevant official of the appeal body'— omit, insert— 'principal registrar'. (4) Section 290(3) and (4), 'relevant official'— omit, insert— Page 244 \o worn nn BW N WN KF CO omni nn 212325 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 8 Amendment of Body Corporate and Community Management Act 1997 [s 374] 'principal registrar'. (5) Section 290(4) and (5), 'appeal body' — omit, insert— 'appeal tribunal'. (6) Section 290(6)— omit. (7) Section 290(3) to(5)— renumber as section 290(2) to (4). 374 Omission of s 291 (Stay of operation of order) Section 291— omit. 375 Amendment of s 292 (Referral back to commissioner) Section 292, 'appeal body'— omit, insert— 'appeal tribunal'. 376 Omission of ss 293-293A Sections 293 to 293A— omit. 377 Replacement of s 294 (Powers of appeal body on appeal) Section 294— omit, insert— '294 Jurisdiction and powers of appeal tribunal on appeal '(1) In deciding an appeal, in addition to the jurisdiction and powers of the appeal tribunal under the QCAT Act, the Page 245 oarANI DUN FP WN na Wh lon 2124 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 8 Amendment of Body Corporate and Community Management Act 1997 [s 378] tribunal may also exercise all the jurisdiction and powers of an adjudicator under this Act. '(2) The appeal tribunal may amend or substitute an order only if the adjudicator, who made the order being appealed, would have had jurisdiction to make the amended or substituted order or decision. '(3) Subsection (2) does not limit any power of the appeal tribunal to award costs for a proceeding under the QCAT Act.'. 378 Amendment of s 294A (Power to stay application and proceeding) (1) Section 294A(1)(b), from 'under'? to 'CCT', second mention— omit, insert— "under the QCAT Act for an order of QCAT'. (2) Section 294A(2), 'the chairperson of the CCT'— omit, insert— 'the president'. 379 Amendment of s 295 (Replacing statement to be lodged with registrar) Section 295(1), 'the CCT'— omit, insert— "QCAT'. 380 Amendment of ch 7, pt 1, hdg (Appeals) Chapter 7, part 1, heading— omit, insert— 'Part 1 External review of decisions'. Page 246 CON ANBW NR YD UN FW NK CO \o 2124 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 8 Amendment of Body Corporate and Community Management Act 1997 [s 381] Clause 381 Replacement of ss 304 and 305 Sections 304 and 305— omit, insert— '304 External review of decisions 'The aggrieved person for a decision may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. Clause 382 Amendment of s 306 (Time for making appeal) (1) Section 306, heading, 'making appeal'— omit, insert— 'applying for external review' . (2) Section 306(1)— omit. (3) Section 306(2)— omit, insert— 'An application for review to QCAT must be made within 6 weeks after the aggrieved person receives a QCAT information notice.'. (4) Section 306(3)— omit. Clause 383 Omission of ss 307 and 308 Sections 307 and 308— omit. Clause 384 Amendment of s 313A (Application under ch 6 or CCT Act by group of lot owners or occupiers) (1) Section 313A, heading, 'CCT'— omit, insert— Page 247 Dun WN Co WO ANIDN FWY KF CO 21 24 26 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 8 Amendment of Body Corporate and Community Management Act 1997 [s 385] 'QCAT'. (2) Section 313A(1)(b), from 'under? to 'CCT', second mention— omit, insert— "under the QCAT Act for an order of QCAT'. 385 _— Insertion of new ch 8, pt 7 Chapter 8— insert— 'Part 7 Transitional provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 '363 Purpose of pt 7 'The purpose of this part is to provide that a proceeding for an appeal from an order of an adjudicator that is, under the QCAT Act, chapter 7, started before QCAT, taken to be before QCAT, or transferred to QCAT, is to be dealt with in QCAT's appeal jurisdiction rather than its review jurisdiction. 364 Definition for pt 7 'In this part— former tribunal means the Commercial and Consumer Tribunal established under the repealed Commercial and Consumer Tribunal Act 2003. Page 248 oo wWnnan nA BF WN wWwNrF © OMDANDN F 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 8 Amendment of Body Corporate and Community Management Act 1997 [s 385] "365 Appeal from order of an adjudicator that could have been made to the former tribunal ") 2) 'B) This section applies if a proceeding for an appeal from an order of an adjudicator is started, or is to be started, under the QCAT Act, section 255. For applying the QCAT Act, section 255(3)(b) and (4) to the proceeding, the proceeding is taken to be an appeal to the appeal tribunal against the making of the order by the adjudicator. Subsection (2) applies despite the QCAT Act, section 255(5). "366 Appeal from order of an adjudicator that could have been made to the District Court ") 2) 'B) This section applies if a proceeding for an appeal from an order of an adjudicator is started, or is to be started, before QCAT under the QCAT Act, section 267. For applying the QCAT Act, section 267(4)(b) and (5) to the proceeding, the proceeding is taken to be an appeal to the appeal tribunal against the making of the order by the adjudicator. Subsection (2) applies despite the QCAT Act, section 267(6). "367 Existing appeal taken to be before QCAT or transferred to QCAT ") 2) This section applies to— (a) an existing tribunal proceeding that is taken under the QCAT Act, chapter 7, part 2, division 3 to be a proceeding before QCAT; or (b) an existing court proceeding that is transferred to QCAT under the QCAT Act, section 268(4). For applying the QCAT Act, section 271 to the proceeding, the proceeding is taken to be an appeal to the appeal tribunal against the making of the order by the adjudicator. Page 249 COND NARW NR CMANID NARW NR iS) Oo 22 2528 30 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 9 Amendment of Casino Control Act 1982 [s 386] '(3) Subsection (2) applies despite the QCAT Act, section 271(3). '(4) In this section— existing court proceeding means an existing court proceeding within the meaning of the QCAT Act, section 244 that is for an appeal from an order of an adjudicator to the District Court. existing tribunal proceeding means an existing tribunal proceeding within the meaning of the QCAT Act, section 244 that is for an appeal from an order of an adjudicator to the former tribunal.'. Clause 386 Amendment of sch 6 (Dictionary) (1) Schedule 6, definitions appeal body, CCT and CCT Act— omit. (2) Schedule 6— insert— 'appeal tribunal means the appeal tribunal under the QCAT Act. president means the president under the QCAT Act. principal registrar means the principal registrar under the QCAT Act. QCAT information notice, for a decision, means a notice complying with the QCAT Act, section 157(2) for the decision.' . Part 9 Amendment of Casino Control Act 1982 Clause 387 Act amended This part amends the Casino Control Act 1982. Page 250 OMAN ANBW NY So CoaAID NN BP WN NX ow NNW WNre 25 27 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 9 Amendment of Casino Control Act 1982 [s 388] 388 Replacement of pt 9A (Appeals) Part 9A— omit, insert— 'Part 9A Review of decisions by tribunal '91A Who may apply for review '1)_ A person who is or was an applicant for, or a holder of, a casino key employee licence or a casino employee licence may apply, as provided under the QCAT Act, to the tribunal for a review of the following decisions of the chief executive— (a) a decision, under section 38(1), refusing to grant an application for the licence; (b) a decision, under section 39, imposing a condition on the licence; (c) a decision, under section 39C(1), changing a condition of the licence; (d) a decision, under section 39E(3), refusing to grant an application to replace the licence; (e) a decision, under section 45B, immediately suspending the licence; (f) a decision, under section 45C, suspending or cancelling the licence; (g) a decision, under section 45E, censuring the holder of the licence; (h) adecision, under section 45F, directing the holder of the licence to rectify a matter. '(2) Also, a person may apply, as provided under the QCAT Act, to the tribunal for a review of the following decisions— Page 251 COMDINID UN KR WN Ke mArANI ANN FW NF CO NX ow NW NOR NN BW NN nn NN on Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 9 Amendment of Casino Control Act 1982 [s 388] 'B) (a) a decision of a casino operator or a casino manager, under section 93A, to give the person an exclusion direction; (b) a decision of a casino operator, under section 99, refusing to revoke an exclusion direction given to the person. Also, a person receiving a direction in writing pursuant to section 92 prohibiting the person from entering or remaining in a casino may apply, within 3 months after the day the person receives the direction and as otherwise provided under the QCAT Act, to the tribunal for a review of the direction. '91B__ Tribunal to decide review on evidence before the chief executive ") 2) 'B) Page 252 In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must— (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision. If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be— (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and (b) decided in accordance with the same law that applied to the making of the original decision. In this section— original decision means the decision of the chief executive to which the proceeding for the review relates. CAN DNL WNeK ro CSCO OID WHF WN Nw — NNN BRWN NWYN ADM NW Nemo') ww Oo W WW Noe Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 9 Amendment of Casino Control Act 1982 [s 388] '91C Tribunal may give leave for review to be decided on new evidence in particular circumstances ") 2) 'B) Despite section 91B, the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied— (a) the party did not know, and could not reasonably be expected to have known, of the existence of the new evidence before the decision; and (b) in the circumstances, it would be unfair not to allow the party to present the new evidence. If the tribunal gives leave under subsection (1), the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons. In this section— new evidence means evidence that was not before the chief executive when the decision was made. '91D Appeals from tribunal only to Court of Appeal ona question of law ") 2) 'B) (4) This section applies to a decision of the tribunal (the #ibunal decision) in a proceeding for a review of a decision or direction mentioned in section 91A. The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision. A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law. To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision. Page 253 OMAN ANBW NR Com A ADANFWN KO 2326 2831 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 9 Amendment of Casino Control Act 1982 [s 389] Note— 1 See the QCAT Act, sections 151 to 153, 155 and 156 for other 2 requirements and effects of an appeal to the Court of Appeal.'. 3 389 Omission of s 93 (Appeal to Minister) Section 93— 5 omit. 390 Amendment of s 97 (Duration of exclusion direction) 7 Section 97(b)(1) and (iii), 'appeal under part 9A'-— omit, insert— 9 'a review of the decision by the tribunal'. 0 391 Omission of ss 135 and 136 1 Sections 135 and 136— 2 omit. 392 Omission of s 138 (Appeals to gaming commission) Section 138— 5 omit. 393 Amendment of schedule (Dictionary) (1) Schedule, definitions gaming commission and registrar— omit. 9 (2) Schedule— 20 insert— 21 'tribunal means QCAT.'. 22 Page 254 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 10 Amendment of Casino Control Regulation 1999 [s 394] (3) Schedule, definition information notice— omit, insert— 'information notice means a written notice complying with the QCAT Act, section 157(2).'. Part 10 Amendment of Casino Control Regulation 1999 394 Regulation amended This part amends the Casino Control Regulation 1999. 395 Amendment of sch 4 (Fees) Schedule 4, item 7— omit. Part 11 Amendment of Charitable and Non-Profit Gaming Act 1999 396 Act amended This part amends the Charitable and Non-Profit Gaming Act 1999. 397 Amendment of s 153 (Forfeiture on payment of infringement notice penalty) Section 153(4) and (5)— omit. Page 255 BW N 11 w Oo ON AN fF Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 11 Amendment of Charitable and Non-Profit Gaming Act 1999 [s 398] 398 Replacement of pt 8 (Appeals) Part 8— omit, insert— 'Part 8 Review of decisions by tribunal '174 Who may apply for review '(1) Subsection (2) applies if the chief executive makes a decision— (a) refusing an application for a general licence; or (b) imposing a condition on a general licence; or (c) changing a condition on a general licence; or (d) suspending or cancelling a general licence; or (e) refusing an application for renewal of a general licence; or (f) refusing an application to amend a general licence; or (g) appointing an administrator to conduct a general licensee's operations under a general licence; or (h) refusing to approve regulated general gaming equipment; or (i) _ refusing to approve a modification of regulated general gaming equipment; or '(2) The applicant or licensee may apply, as provided under the QCAT Act, to the tribunal for a review of the decision. '(3) Subsection (4) applies if chief executive orders, under section 153(2), the forfeiture to the State of — (a) anything used to commit the alleged offence; or (b) anything else the subject of the alleged offence. '(4) The owner of the thing may apply, as provided under the QCAT Act, to the tribunal for a review of the chief executive's decision to make the order. Page 256 BR WN oWmrnnwn OrI AN fF WN KF CO NX ow NW NOR NN BW NSN n wn Nwuny oon Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 11 Amendment of Charitable and Non-Profit Gaming Act 1999 [s 398] '(5) The owner of a thing seized by an inspector may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of an inspector under section 134 to forfeit the thing. '175 Tribunal to decide review on evidence before the chief executive '1) In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must— (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision. '(2) If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be— (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and (b) decided in accordance with the same law that applied to the making of the original decision. "(3) In this section— original decision means the decision of the chief executive to which the proceeding for the review relates. '176 Tribunal may give leave for review to be decided on new evidence in particular circumstances '(1) Despite section 175, the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied— Page 257 WNrR COM ND Ws CAN DANK WNK CO Nw ro N N NN BW 26 2830 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 11 Amendment of Charitable and Non-Profit Gaming Act 1999 [s 398] 2) 'B) (a) the party did not know, and could not reasonably be expected to have known, of the existence of the new evidence before the decision; and (b) in the circumstances, it would be unfair not to allow the party to present the new evidence. If the tribunal gives leave under subsection (1), the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons. In this section— new evidence means evidence that was not before the chief executive when the decision was made. '177 Appeals from tribunal only to Court of Appeal ona question of law ") 2) 'B) (4) Page 258 This section applies to a decision of the tribunal (the #ibunal decision) in a proceeding for a review of a decision mentioned in section 174. The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision. A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law. To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision. Note— See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.'. CAND NHK WNKE WN F Oo NX CO OND WS 2225 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 12 Amendment of Charitable and Non-Profit Gaming Regulation 1999 [s 399] Clause 399 Amendment of sch 2 (Dictionary) 1 (1) Schedule 2, definitions decision maker and Gaming 2 Commission— 3 omit. 4 (2) Schedule 2— 5 insert— 6 'tribunal means QCAT.'. 7 (3) Schedule 2, definition information notice— 8 omit, insert— 9 'information notice means a written notice complying with 10 the QCAT Act, section 157(2).'. 11 Part 12 Amendment of Charitable and 2 Non-Profit Gaming Regulation 3 1999 4 Clause 400 Regulation amended 5 This part amends the Charitable and Non-Profit Gaming 6 Regulation 1999. 7 Clause 401 Amendment of sch 2 (Fees) 8 Schedule 2, item 10— omit. 20 Page 259 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 13 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988 [s 402] Part 13 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988 Clause 402 Act amended This part amends the Chemical Usage (Agricultural and Veterinary) Control Act 1988. Clause 403 Amendment of s 16 (Agricultural produce etc. containing chemical residues not to be used etc.) Section 16— insert— '(SB) A notice given under this section must be accompanied by an information notice for the decision to give the direction.'. Clause 404 Amendment of s 17 (Approval to use etc. agricultural produce etc. or cultivate plants on land) Section 17— insert— '(4A) If the standards officer refuses an application made under subsection (1), the standards officer must, as soon as practicable after making the decision, give the person an information notice for the decision.'. Clause 405 Insertion of news 21A After section 21— insert— '21A Review of particular decisions '(1)_ This section applies to the following decisions— (a) adirection contained in a notice under section 16; Page 260 nun \o oN N SCOMmAN BD WN BW NX 2426 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation 2) 'B) Part 14 Amendment of Clean Energy Act 2008 [s 406] (b) a decision of an inspector to refuse an application under section 17. A person who is dissatisfied with the decision may apply, as provided under the QCAT Act, to QCAT for a review of the decision. A standards officer or inspector must give a person an information notice for a decision only if this Act so requires.'. Clause 406 Amendment of s 22 (Right of appeal to Magistrates Court) d) (2) ") Section 22, heading, after 'Court' — insert— 'for decision to seize'. Section 22(1)— omit, insert— This section applies to a decision of an inspector to seize a thing under section 20.'. Clause 407 Amendment of schedule (Dictionary) Part 14 Schedule— insert— 'information notice means a notice complying with the QCAT Act, section 157(2).'. Amendment of Clean Energy Act 2008 Clause 408 Act amended This part amends the Clean Energy Act 2008. Page 261 \o @w NAD NSW NK nk WN KF © CoO WON D 22 24 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 14 Amendment of Clean Energy Act 2008 [s 409] 409 Amendment of pt 9, hdg (Appeal and review of decisions) Part 9, heading, 'Appeal and review' — omit, insert— 'Review'. 410 Amendment of s 30 (Review decision) Section 30(2)— omit, insert— '(2) If the review decision is not the decision sought by the applicant, the review notice must comply with the QCAT Act, section 157(2).'. 411 Replacement of pt 9, div 2, hdg (Appeals) Part 9, division 2, heading— omit, insert— 'Division 2 External reviews'. 412 Amendment of s 31 (Who may appeal) (1) Section 31, heading, 'appeal'— omit, insert— 'apply for external review'. (2) Section 31, from 'appeal'— omit, insert— 'apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. Page 262 BR WN omArninn WN Re omni nn 22 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 15 Amendment of Consumer Credit (Queensland) Act 1994 [s 413] 413 Omission of ss 32-35 Sections 32 to 35— omit. Part 15 Amendment of Consumer Credit (Queensland) Act 1994 414 Act amended This part amends the Consumer Credit (Queensland) Act 1994. 415 Amendment of s 7 (Conferral of judicial functions) Section 7(2), definition court, 'a Small Claims Tribunal'— omit, insert— 'QCAT'. Part 16 Amendment of Cooperatives Act 1997 416 Actamended This part amends the Cooperatives Act 1997. 417 Replacement of pt 2, div 7 (Appeals) Part 2, division 7— omit, insert— Page 263 on 11 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 16 Amendment of Cooperatives Act 1997 [s 417] 'Division 7 Review of registrar's refusals '29 Refusal to approve disclosure statement 'A person who submitted a draft disclosure statement to the registrar under this Act may apply, as provided under the QCAT Act, to QCAT for a review of the registrar's failure to approve the statement. Note— Under the QCAT Act, section 157, the registrar must give the person a notice complying with that section for the registrar's failure to approve the statement. '30 Refusal to approve draft rules 'A person who submitted draft rules to the registrar under this Act may apply, as provided under the QCAT Act, to QCAT for a review of the registrar's failure to approve the rules. Note— Under the QCAT Act, section 157, the registrar must give the person a notice complying with that section for the registrar's failure to approve the rules. 31 Review of refusal to register 'The applicants for registration of a proposed cooperative under this part may apply, as provided under the QCAT Act, to QCAT for a review of the registrar's failure to register the cooperative. Note— Under the QCAT Act, section 157, the registrar must give the applicants a notice complying with that section for the registrar's failure to register the cooperative.'. Page 264 om rn AnaNnNswW WV DAN NW PWN 2123 26 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 17 Amendment of Credit Act 1987 [s 418] 418 Replacement of ss 110-112 Sections 110 to 112— omit, insert— '110 Review of refusal to approve, or refusal to register, an alteration 'A cooperative may apply, as provided under the QCAT Act, to QCAT for a review of either or both of the following— (a) the registrar's failure to approve an alteration of the cooperative's rules; (b) the registrar's failure to register an alteration of the cooperative's rules. Note— Under the QCAT Act, section 157, the registrar must give the cooperative a notice complying with that section for the registrar's failure to approve or register the alteration.'. Part 17 Amendment of Credit Act 1987 419 Actamended This part amends the Credit Act 1987. 420 Amendment of s 8 (Jurisdiction of courts) (1) Section 8(a), '(including a Small Claims Tribunal)'— omit. (2) Section 8— insert— "(2) In this section— court includes QCAT.'. Page 265 COD ND WNP WN aero ro — N RRR NnBW 18 202224 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 18 Amendment of Credit (Rural Finance) Act 1996 [s 421] Part 18 Amendment of Credit (Rural 1 Finance) Act 1996 2 Clause 421 Act amended 3 This part amends the Credit (Rural Finance) Act 1996. Clause 422 Amendment of s 6 (Courts with jurisdiction under this 5 Act) 6 Section 6(2), definition court, 'a small claims tribunal'— 7 omit, insert— 8 "QCAT'. 9 Part 19 Amendment of Drugs Misuse 0 Act 1986 1 Clause 423 Act amended 2 This part amends the Drugs Misuse Act 1986. 3 Clause 424 Amendment of s 46 (Definitions for pt 5B) 4 Section 46, definition information notice— 5 omit, insert— 6 'information notice means a notice complying with the 7 QCAT Act, section 157(2).'. 8 Clause 425 Replacement of pt 5B, div 10 (Appeals) 9 Part 5B, division 10— 20 omit, insert— 21 Page 266 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 20 Amendment of Electricity Act 1994 [s 426] 'Division 10 Review of decisions by QCAT *85 Application for review ') A person who is dissatisfied with a decision of the chief executive under this part may apply, as provided under the QCAT Act, to QCAT for a review of the decision. '(2) The chief executive must give a person an information notice for a decision only if this Act so requires.'. Clause 426 Omission of s 115 (Review) Section 115— omit. Part 20 Amendment of Electricity Act Clause 427 Act amended This part amends the Electricity Act 1994. Clause 428 Amendment of s 135FQ (Evidentiary provisions) Section 135FQ(2)(b), 'appeal against' — omit, insert— 'application for external review of'. Page 267 NAD NRW WY \o ow orninawn Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 20 Amendment of Electricity Act 1994 [s 429] 429 Amendment of s 152K (Forfeiture of seized thing) Section 152K(5), 'or appeal'— omit. 430 Amendment of s 181 (Notice of refusal to issue generation authority) Section 181, 'of appeal'— omit, insert— 'to seek an internal review of the refusal'. 431 Amendment of s 184C (Notice of refusal to transfer generation authority) Section 184C, 'of appeal' — omit, insert— 'to seek an internal review of the refusal'. 432 Amendment of s 190 (Notice of refusal to issue transmission authority) Section 190, 'of appeal'— omit, insert— 'to seek an internal review of the refusal'. 433 Amendment of s 193C (Notice of refusal to transfer transmission authority) Section 193C, 'of appeal' — omit, insert— 'to seek an internal review of the refusal'. Page 268 onan Wns Ww NF © on DH Ws 21 23 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 20 Amendment of Electricity Act 1994 [s 434] Amendment of s 198 (Notice of refusal to issue authority) Section 198, 'of appeal'— omit, insert— 'to seek an internal review of the refusal'. Amendment of s 201C (Notice of refusal to transfer distribution authority) Section 201C, 'of appeal' — omit, insert— 'to seek an internal review of the refusal'. Amendment of s 206 (Notice of refusal to issue authority) Section 206, 'of appeal'— omit, insert— 'to seek an internal review of the refusal'. Amendment of s 211 (Notice of refusal to give special approval) Section 211, 'of appeal'— omit, insert— 'to seek an internal review of the refusal'. Amendment of s 212C (Notice of refusal to transfer special approval) Section 212C, 'of appeal' — omit, insert— 'to seek an internal review of the refusal'. Page 269 oo mn aN RW N Fe WwW NF O&O on DH Ws 21 23 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 20 Amendment of Electricity Act 1994 [s 439] 439 Replacement of ch 10, hdg (Review of and appeals against decisions) Chapter 10, heading— omit, insert— 'Chapter 10 Internal and external reviews'. 440 Amendment of ch 10, pt 1, hdg (Review of decisions) Chapter 10, part 1, heading, 'Review' — omit, insert— 'Internal review' . 441 Amendment of s 214 (Who may apply for review etc.) (1) Section 214, heading, after 'for'— insert— 'internal'. (2) Section 214, 'a review' — omit, insert— 'internal review'. 442 Amendment of s 215 (Applying for review) Section 215, 'review' — omit, insert— 'internal review'. 443. Amendment of s 216 (Stay of operation of decision etc.) (1) Section 216(1) and (2)— omit, insert— Page 270 Hn nn fF WNe on NYA fF WN \o ow 21 23 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation ") 2) (2) (3) (4) Part 20 Amendment of Electricity Act 1994 [s 444] If an application is made under this part for internal review of a decision, the applicant may immediately apply, as provided under the QCAT Act, to QCAT for a stay of the decision. QCAT may stay the decision to secure the effectiveness of the internal review or a later application to QCAT for external review. . Section 216(3) and (4), 'the court'— omit, insert— "QCAT'. Section 216(4), 'appeal against' — omit, insert— 'apply for an external review of". Section 216(5), 'review' — omit, insert— 'internal review'. 444 Amendment of s 217 (Review panels, arbitration and mediation) Section 217(1), 'for review' — omit, insert— 'for internal review'. 445 Amendment of s 218 (Decision on reconsideration) d) (2) Section 218(1), 'review' — omit, insert— 'internal review'. Section 218(6), from 'state' to '28 days'— omit, insert— "be a QCAT information notice'. Page 271 CoO mMmNANI DAN WNFR an FF wWN - OO Co OND 22 2426 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 20 Amendment of Electricity Act 1994 [s 446] Clause 446 Replacement of ch 10, pt 2 (Appeals) Chapter 10, part 2— omit, insert— 'Part 2 External reviews '219 Who may apply for external review "1) A person whose interests are affected by a decision of the reviewer under section 218 may apply, as provided under the QCAT Act, to QCAT for an external review of the decision. '(2) However, a regulation may provide that a person can not apply under subsection (1) for an external review of a decision giving effect to a resolution by mediation or a decision by arbitration. '220 Application of QCAT Act notice requirement 'The reviewer must give a QCAT information notice for a decision only if this Act so requires.'. Clause 447 Amendment of sch 1 (Appeals against administrative decisions) (1) Schedule 1, heading, 'appeals against'— omit, insert— "Review of'. (2) Schedule 1, parts 1-3, column headed "Court'— omit. Clause 448 Amendment of sch 5 (Dictionary) (1) Schedule 5— insert— Page 272 BR WN 0 OAD WN nas Co OND 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 21 Amendment of Electricity Regulation 2006 [s 449] 'external review, for a decision, means a review of the decision by QCAT under the QCAT Act. QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. (2) Schedule 5, definition information notice, 'review or appeal' — omit, insert— 'internal review'. Part 21 Amendment of Electricity Regulation 2006 Clause 449 Regulation amended This part amends the Electricity Regulation 2006. Clause 450 Amendment of s 24 (Installation and operation of electric line beyond person's property) Section 24(5), 'an information' — omit, insert— 'a QCAT information'. Clause 451 Amendment of s 30H (Deferral of particular reclassifications until appeal expiration day) (1) Section 30H(1) and heading, 'appeal'— omit, insert— 'review'. (2) Section 30H(2)— omit, insert— Page 273 eorANI AN BPW NR N ND MN PW \o ~ 2123 Clause Clause Clause Queenslai nd Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 21 Amendment of Electricity Regulation 2006 [s 452] "(2) In this section— Page 274 review expiration day, for a decision, means— (a) if an application for internal review of the decision is not made within the 28 days mentioned in section 209(1) or (2) or within any extended period under section 209(3)—the day the 28 days or extended period ends; or (b) _ if an application for internal review is made—the day all proceedings under chapter 9 and any external review proceedings relating to the decision end.'. OMAN ANBW NY Amendment of s 88 (Dispute resolution) Section 88(6), 'an information' — omit, insert— 'a QCAT information'. Ww NF Oo Amendment of s 90 (Parties to maintain secrecy of advice or information) Section 90(3)(b), 'appeal against' — omit, insert— ony Nn Nt 'external review of'. Amendment of s 139 (Requirements for registration) 9 Section 139(2), 'an information' — 20 omit, insert— 21 'a QCAT information'. 22 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 21 Amendment of Electricity Regulation 2006 [s 455] Amendment of s 141 (Steps after registration) Section 141(3), 'an information' — omit, insert— 'a QCAT information'. bee of s 145 (Refusal to change energy efficiency label Section 145, 'an information'— omit, insert— 'a QCAT information'. Amendment of s 147 (Transfer of registration) Section 147(3), 'an information' — omit, insert— 'a QCAT information'. Amendment of s 149 (Cancellation of registration) Section 149(3), 'an information' — omit, insert— 'a QCAT information'. Amendment of s 150 (Procedure before cancellation) Section 150(3), 'an information' — omit, insert— 'a QCAT information'. Page 275 oo mn aN RW N Fe WwW NF O&O NAW sf \o ow 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 21 Amendment of Electricity Regulation 2006 [s 460] Clause 460 Amendment of s 151 (Notice, by holder, of cancellation of registration) Section 151(1), 'an information' — omit, insert— 'a QCAT information'. nA fb wWNe Clause 461 Replacement of ch 9, hdg (Review of and appeals against decisions) Chapter 9, heading— oO ND omit, insert— 'Chapter9 _—_ Internal and external 0 reviews'. 1 Clause 462 Amendment of s 208 (Who may apply for review etc.) (1) Section 208, heading, after 'for'— insert— 'internal'. (2) Section 208, 'a review' — omit, insert— 'an internal review'. arAI DUN fF wWN Clause 463 Amendment of s 209 (Applying for review) 9 Section 209, 'review' — 20 omit, insert— 21 'internal review'. 22 Page 276 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 21 Amendment of Electricity Regulation 2006 [s 464] Clause 464 Amendment of s 210 (Stay of operation of decision etc.) (1) Section 210(1) and (5), 'review' — omit, insert— "internal review'. (2) Section 210(1), from 'apply' — omit, insert— 'apply, as provided under the QCAT Act, to QCAT for a stay of the decision.'. (3) Section 210(2)— omit, insert— "(2) QCAT may stay the decision to secure the effectiveness of the internal review or a later application for external review to QCAT?. (4) Section 210(3), 'the court'— omit, insert— "QCAT"'. (5) Section 210(4), from 'the court' to 'against'— omit, insert— "QCAT allows the applicant to enable the applicant to apply for an external review of'. Clause 465 Amendment of s 211 (Decision on review) (1) Section 211, 'review'— omit, insert— 'internal review'. (2) Section 211(4), 'an information' — omit, insert— 'a QCAT information'. Page 277 © AON DUN FW NY CO WON DN BP WNK CO NX 232527 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 21 Amendment of Electricity Regulation 2006 [s 466] 466 Amendment of ch 9, pt 2, hdg (Appeals) Chapter 9, part 2, heading, after 'Appeals' — insert— 'and external review'. 467 Replacement of ch 9, pt 2, div 1 (Appeals against decisions on what is fair and reasonable) Chapter 9, part 2, division 1— omit, insert— 'Division 1 External reviews by QCAT '212 Who may apply for external review 'The following persons may apply, as provided under the QCAT Act, to QCAT for an external review of the decision mentioned for the person— (a) for a decision by QCA under section 88—any party to the dispute; (b) for a decision by the regulator or QCA mentioned in schedule 6—a person whose interests are affected by the decision.'. 468 Replacement of ch 9, pt 2, div 2, hdg (Other appeals) Chapter 9, part 2, division 2, heading— omit, insert— 'Division 2 Appeals about recognition of previous service'. 469 Amendment of s 214 (Who may appeal) Section 214(1)— omit. Page 278 BR WN oo mOnnNn an CID NH WNK CO 21 23 25 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 21 Amendment of Electricity Regulation 2006 [s 470] Amendment of s 215 (Making appeals) (1) Section 215(1)— omit, insert— "(1)_ An appeal under this part must be made within 3 months after written notice for the decision is given to the person.'. (2) Section 215(2)(a), 'subsection (1)(b)'— omit, insert— "subsection (1)'. (3) Section 215(2)(b), 'appropriate' — omit. Amendment of s 216 (Starting appeals) Section 216(3), 'Magistrates Court or' — omit. Amendment of s 220 (Procedure of court) (1) Section 220(1), 'a court under its authorising Act' — omit, insert— 'an Industrial Magistrates Court under the Industrial Relations Act 1999'. (2) Section 220(2)(b), 'a magistrate or' — omit, insert— 'an'. (3) Section 220(4)— omit. Page 279 Oo mMmN DNR WN C0 ON DN fF 2123 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 21 Amendment of Electricity Regulation 2006 [s 473] 473 Amendment of s 221 (Appeals) Section 221(1)— omit. 474 Amendment of sch 6 (Appeals against administrative decisions to Magistrates Court) (1) Schedule 6, heading— omit, insert— 'Schedule 6 External reviews of administrative decisions by QCAT section 212(b)'. (2) Schedule 6, table, entry for section 211, column 2, 'review' — omit, insert— 'internal review'. 475 Amendment of sch 9 (Dictionary) (1) Schedule 9, definition information notice, paragraph (c), 'a review or appeal' — omit, insert— 'an internal review'. (2) Schedule 9, definition information notice, paragraph (d), 'all rights of review or appeal'— omit, insert— 'the rights of internal review'. Page 280 om NY DUNS A orainun 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 22 Amendment of Exotic Diseases in Animals Act 1981 [s 476] (3) Schedule 9, definition information notice, paragraphs (e) and (f), 'review or appeal' — omit, insert— 'internal review'. Part 22 Amendment of Exotic Diseases in Animals Act 1981 Clause 476 Act amended This part amends the Exotic Diseases in Animals Act 1981. Clause 477 Amendment of s 33 (Mode of valuation) (1) Section 33(1)(c), 'a District Court judge on application made to the judge' — omit, insert— "QCAT on application made to QCAT'. (2) Section 33(1A), (2), (4) and (5)— omit, insert— '(2) An application under subsection (1)(c) must be made within the time prescribed under a regulation and as otherwise provided under the QCAT Act. '(3) The Minister may delegate the Minister's powers under subsection (1) to a government veterinary officer.'. Clause 478 Omission of ss 33A-33D Sections 33A to 33D— omit. Page 281 BW NF \o SCO AND UN BPW NY KO NX 23 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 23 Amendment of Exotic Diseases in Animals Regulation 1998 [s 479] 479 Amendment of s 34 (When title doubtful, Minister may retain compensation or make payment into court) (1) Section 34(1)(b)— omit, insert— '(b) pay the amount of compensation to QCAT, and QCAT must deal with and apply the compensation amount in the way QCAT, on application by a claimant, orders.'. (2) Section 34(2)— omit, insert— '(2) If the Minister pays the amount of compensation to QCAT under subsection (1)(b)— (a) the amount must be held in the trust account maintained by QCAT under the QCAT Act, section 231; and (b) the Minister must give the claimant for the compensation written notice of the payment; and (c) an application by the claimant must be made as provided under the QCAT Act'. Part 23 Amendment of Exotic Diseases in Animals Regulation 1998 480 Regulation amended This part amends the Exotic Diseases in Animals Regulation 1998. 481 Replacement of s 11 (Notice of application to District Court) Section 11— omit, insert— Page 282 Co WMO ANIDN FW NE AD NH WN KO 19 22 24 26 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 24 Amendment of Explosives Act 1999 [s 482] 11 Notice of application to QCAT '(1) The Minister must give an applicant for compensation written notice if, under section 33(1) of the Act, the Minister and the applicant can not agree about— (a) _ the market value of the animal or property; or (b) the appointment of a valuer; or (c) the amount fixed by a valuer as the value of the animal or property. '(2) The notice must state— (a) that the applicant may, within 60 days after receiving the notice, apply to QCAT for the market value to be fixed by QCAT; and (b) how to apply. '(3) The time for filing an application under section 33(2) of the Act is 60 days after the applicant receives the notice under subsection (1).'. Part 24 Amendment of Explosives Act482 Actamended This part amends the Explosives Act 1999. 483 Amendment of s 17 (How chief inspector may deal with application) (1) Section 17(2)(b)— omit, insert— '(b) if the authority is subject to conditions, an information notice for the decision to impose conditions. '. Page 283 COIN MN PWN \o a NRO e w on loo ae 18 20 22 24 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 24 Amendment of Explosives Act 1999 [s 484] (2) Section 17(3)(a)— omit, insert— '(a) give the applicant an information notice for the decision; and'. BW N Clause 484 Amendment of s 24 (Procedure for suspension or cancellation) Section 24(5)— omit, insert— onmn an '(5) If the chief inspector decides to suspend or cancel the authority, the chief inspector must give the authority holder an 0 information notice for the decision.'. 1 Clause 485 Amendment of s 25 (Procedure for urgent suspension or cancellation of authority) (1) Section 25(3), 'written notice'— omit, insert— "giving an information notice for the decision'. (2) Section 25(4) and (5)— omit, insert— '(4) The decision takes effect on the day the information notice is given to the authority holder or, if a later day of effect is stated in the information notice, the later day.'. Poo WON DWN fF WN Nw N N Clause 486 Amendment of s 27 (Replacement of authority) Section 27(4)— omit, insert— NN BR '(4) | If the chief inspector decides to refuse to replace the authority, the chief inspector must give the authority holder an information notice for the decision.'. NNN NAN Page 284 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 24 Amendment of Explosives Act 1999 [s 487] Clause 487 Amendment of s 28 (Amendment of authority on application) 7) Section 28(7)— omit, insert— If the chief inspector decides not to amend the authority, the chief inspector must give the authority holder an information notice for the decision.'. Clause 488 Amendment of s 29 (Amendment of authority without application) d) "O) (2) Section 29(5)— omit, insert— If the chief inspector decides to amend the authority, the chief executive must give the authority holder an information notice.'. Section 29(7), from 'written notice' — omit, insert— "giving the authority holder an information notice for the decision to amend the authority.'. Clause 489 Amendment of s 58 (Investigation by chief inspector or authority holder) 2) Section 58(2)— omit, insert— The notice given under subsection (1)(b) must include or be accompanied by an information notice for the decision to give the notice.'. Page 285 \o oo ADM BR WwW Ne CN nN NN BPWHY KF OC 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 24 Amendment of Explosives Act 1999 [s 490] Clause 490 Amendment of pt 7, hdg (Review of decisions and appeals) Part 7, heading, 'and appeals' — RW Ne omit. Clause 491 Amendment of pt 7, div 1, hdg (Review of decisions) Part 7, division 1, heading, 'Review' — omit, insert— omarninawn 'Internal review' . Clause 492 Amendment of s 107 (Application for review of decision 9 under s 56, 102 or 103) Section 107, heading, after 'for' — insert— Ww NF Oo 'internal'. Clause 493 Amendment of s 108 (Application for review of action under s 104) Section 108, heading, after 'for' — insert— ory HN Wns 'internal'. Clause 494 Amendment of s 109 (Applying for review) 9 (1) Section 109, heading, after 'for'— 20 insert— 21 'internal'. 22 (2) Section 109(1), 'a review' — 23 omit, insert— 24 'an internal review'. 25 Page 286 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 495 Chapter 5 Department of Employment, Economic Development and Innovation Part 24 Amendment of Explosives Act 1999 [s 495] (3) Section 109(1)(b), (c) and (4), 'review' — omit, insert— "internal review'. (4) Section 109(1)(d)— omit, insert— '(d) must state an address for service of the decision on the internal review (the internal review decision). . (5) Section 109(5) and (6)— omit, insert— "(5) Within 7 days after making the internal review decision, the chief inspector must give the applicant an information notice'. (6) Section 109(7)— renumber as section 109(6). Amendment of s 110 (Stay of operation of decision) (1) Section 110, 'review' — omit, insert— "internal review'. (2) Section 110(1), from 'apply'— omit, insert— 'apply, as provided under the QCAT Act, to QCAT for a stay of the decision.'. (3) Section 110(2)— omit, insert— "(2) QCAT may stay the decision to secure the effectiveness of the internal review or a later application for external review to QCAT.. Page 287 Co mMOANID UN FP wW NY Ww NY FO orn nN nN sf 2225 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 24 Amendment of Explosives Act 1999 [s 496] (4) Section 110(3), 'the court'— omit, insert— "QCAT"'. (5) Section 110(4), from 'the court' to 'review decision' — omit, insert— "QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision'. 496 Replacement of pt 7, div 2, hdg (Appeals) Part 7, division 2, heading— omit, insert— 'Division 2 External reviews by QCAT'. 497 Amendment of s 111 (Appeals to Magistrates Court) (1) Section 111, heading— omit, insert— '111. Application for external review'. (2) Section 111, 'appeal to a Magistrates Court against'— omit, insert— 'apply, as provided under the QCAT Act, for an external review of'. 498 Omission of ss 112-116 Sections 112 to 116— omit. Page 288 NAD WN BW NN \o ow OmANANI DN FB WN 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 25 Amendment of Explosives Regulation 2003 [s 499] Clause 499 Amendment of sch 2 (Dictionary) Schedule 2— insert— 'external review, for a decision, means a review of the decision by QCAT under the QCAT Act. information notice means a notice complying with the QCAT Act, section 157(2).' Part 25 Amendment of Explosives Regulation 2003 Clause 500 Regulation amended This part amends the Explosives Regulation 2003. Clause 501 Amendment of s 14 (Advice of chief inspector's decision) Section 14(b), 'a decision notice' — omit, insert— 'an information notice'. Clause 502 Amendment of s 17 (How chief inspector may deal with application) Section 17(2)(b) and (3), 'a decision notice'— omit, insert— 'an information notice'. Page 289 NAD NH WN na kWh oo mOND Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 25 Amendment of Explosives Regulation 2003 [s 503] 503 Amendment of s 62 (How chief inspector must deal with explosives limits document) Section 62(2)(b) and (3), 'a decision notice'— omit, insert— 'an information notice'. 504 Amendment of s 64 (Chief inspector may impose interim explosives limits) Section 64(3), 'a decision notice' — omit, insert— 'an information notice'. 505 Amendment of s 109 (Requirements for chief inspector exercising powers) (1) Section 109(2), 'a notice'— omit, insert— 'an information notice'. (2) Section 109(2)(d)— omit. 506 Amendment of s 148 (Approval by chief inspector of collectors associations) Section 148(3)(b), 'a decision notice' — omit, insert— 'an information notice'. 507 Amendment of sch 7 (Dictionary) Schedule 7, definition decision notice— omit. Page 290 nA fb wWNe oO ND NAD UN BW NR \o 0 2124 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 26 Amendment of Fair Trading Act 1989 [s 508] Part 26 Amendment of Fair Trading Act508 Act amended This part amends the Fair Trading Act 1989. 509 Amendment of s 5 (Definitions) Section 5, definition small claims tribunal— omit. 510 Amendment of s 110 (Preservation of secrecy) Section 110(2)(a), 'a Small Claims Tribunal'— omit, insert— 'QCAT'. Part 27 Amendment of Fisheries Act 511 Act amended This part amends the Fisheries Act 1994. 512 Amendment of s 42H (Deciding claim) Section 42H(2), from 'a written notice' — omit, insert— 'an information notice for the decision.' . Page 291 11 na oMmona Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 27 Amendment of Fisheries Act 1994 [s 513] 513 Amendment of s 60 (Notice of refusal of application for issue or renewal etc.) Section 60(a), from 'a written notice' to '28 days'— omit, insert— 'an information notice for the refusal'. 514 Amendment of s 63 (Amendment of authority) Section 63(3), from 'a written notice'— omit, insert— 'an information notice for the decision.' . 515 Amendment of s 68 (Procedure for cancellation or suspension by chief executive) Section 68(4), from 'state'— omit, insert— 'be an information notice for the decision.' . 516 Amendment of s 76F (Deciding application for fish movement exemption notice) Section 76F(5), from 'a written notice'— omit, insert— 'an information notice for the refusal.' . 517 Replacement of pt 9 (Administrative appeals) Part 9— omit, insert— Page 292 oo wmonan na kW Ne RW N FO owmn an 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation 'Part 9 Part 27 Amendment of Fisheries Act 1994 [s 517] Review of decisions by QCAT "185 Who may apply for review ") A person who is dissatisfied by an order, direction, requirement or other decision of the chief executive may apply, as provided under the QCAT Act, to QCAT for a review of the decision on 1 or more of the following grounds— 2) 'B) (a) (b) (c) the decision of the chief executive was contrary to this Act; the decision of the chief executive was manifestly unfair; the decision of the chief executive will cause severe personal hardship to the person. However, the following decisions can not be reviewed— (a) (b) (c) (d) (e) (f) (g) a decision of the chief executive about policy, including, for example, a decision of the chief executive about the shark control program; a decision of the chief executive under the Planning Act; a decision of the chief executive about starting or continuing a prosecution against a person for an offence against this Act; a decision of the chief executive about an officer or employee of the department in the person's capacity as an officer or employee; a decision of the chief executive about delegating a power by the chief executive; a decision of the chief executive about making a management plan or declaration; a decision of the chief executive about appointing a person as an inspector. In this section, a reference to a decision includes a reference to a failure to make a decision within a reasonable time. Page 293 oO OI ANFW WN NY SCOmMm AN ANB W NK CO NNW WNre NN nn & NW mon NN \o Ww ro Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 27 Amendment of Fisheries Act 1994 [s 518] (4) The chief executive must give an information notice for a decision only if this Act so requires.'. '186 Constitution of tribunal ") 2) 'B) For a proceeding for a matter under this Act, the tribunal is to be constituted by— (a) 1 legally qualified member; and (b) 2 other members, at least 1 of whom must have extensive knowledge of and experience in the fishing industry and other fisheries issues. The person mentioned in subsection (1)(a) is the presiding member for the proceedings. In this section— legally qualified member means a legally qualified member under the QCAT Act.'. Clause 518 Omission of pt 12, div 4, sdiv 4 (Effect of commencement on particular appeals) Part 12, division 4, subdivision 4— omit. Clause 519 Amendment of schedule (Dictionary) d) (2) Page 294 Schedule, definitions continuing appeal, development authority and tribunal— omit. Schedule— insert— 'information notice means a notice complying with the QCAT Act, section 157(2). tribunal means QCAT.'. OMAN HD NH WwW NR RW NY FO onan 21 2326 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 28 Amendment of Fisheries (Coral Reef Fin Fish) Management Plan 2003 [s 520] Part 28 Amendment of Fisheries (Coral Reef Fin Fish) Management Plan 2003 Clause 520 Plan amended This part amends the Fisheries (Coral Reef Fin Fish) Management Plan 2003. Clause 521 Amendment of s 29 (Requirements for preliminary notice) (1) Section 29, 'state, in writing, — omit, insert— "be accompanied by an information notice for the decision and state'. (2) Section 29(f)(ii), from 'appeal' to 'tribunal'— omit, insert— 'apply, as provided under the QCAT Act, to QCAT for a review of the decision'. (3) Section 29(f)(Gii)— omit, insert— '(ii) how to apply for a review.' . Clause 522 Amendment of s 31 (Chief executive to decide whether reason for reconsideration established) Section 31(2), 'a decision' — omit, insert— 'an information'. Page 295 An f eorntna nk WN KO 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 28 Amendment of Fisheries (Coral Reef Fin Fish) Management Plan 2003 [s 523] Clause 523 Amendment of s 33 (Criteria reapplied if reason for reconsideration established) Section 33(6)(b), 'a decision' — omit, insert— 'an information'. Clause 524 Amendment of s 36B (Application for special reconsideration of particular licences) (1) Section 36B(2)(c), 'lodged an appeal against' — omit, insert— 'applied for a review of". (2) Section 36B(5)(a), 'appeal against'— omit, insert— 'apply for a review of'. (3) Section 36B(5)(b), from 'lodged' — omit, insert— 'applied for a review of a decision of the chief executive under subdivision 3 or 5—the review. '. Clause 525 Amendment of s 36C (Chief executive to decide whether licence is special south-east Queensland licence) Section 36C(2), 'a decision' — omit, insert— 'an information'. Page 296 nA fb wWNe oO ND NAD NWN FB WN KF CO \o 21 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 28 Amendment of Fisheries (Coral Reef Fin Fish) Management Plan 2003 [s 526] 526 Amendment of s 36E (Criteria reapplied if licence is special south-east Queensland licence) Section 36E(8)(b), 'a decision' — omit, insert— 'an information'. 527 Amendment of s 38 (Requirements for amendment notice) (1) Section 38, 'state, in writing, — omit, insert— 'be accompanied by an information notice about the amendment and state'. (2) Section 38(e) and (f)— omit. 528 Amendment of s 61 (Deciding application for issue of line units) Section 61(8)(b), 'a decision' — omit, insert— 'an information'. 529 Amendment of s 66 (Application of div 4) Section 66(2), definition relevant day, paragraphs (b) to (d)— omit, insert— '(b) the period to apply for a review of all decisions about the issue of line units or amending a licence by writing the fishery symbol 'RQ' on it has ended; and (c) all reviews mentioned in paragraph (b) are ended or fully decided; and Page 297 oO ND na kW Ne WwW NY FO on DH Ws 21 2326 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 29 Amendment of Fisheries (East Coast Trawl) Management Plan 1999 [s 530] (d) if, in deciding an application for review, the tribunal gave the chief executive directions—the directions have been complied with.'. 530 Amendment of sch 8 (Dictionary) Schedule 8, definition decision notice— omit. Part 29 Amendment of Fisheries (East Coast Trawl) Management Plan 531 Plan amended This part amends the Fisheries (East Coast Trawl) Management Plan 1999. 532 Amendment of s 81A (Application of sdiv 3) Section 81A(a), 'appeals to the tribunal against'— omit, insert— 'applies to the tribunal for a review of'. 533 Amendment of s 94 (Interim issue of additional effort units for all eligible licences) Section 94(1)(b), 'appeals against' — omit, insert— 'applications for review of'. Page 298 WNrR NOR nn & W \o on 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 30 Amendment of Fisheries Regulation 2008 [s 534] Clause 534 Amendment of s 95 (Further issue of additional effort units for all eligible licences) Section 95(3)— omit, insert— "(3) However, the chief executive must not issue the additional units before— (a) the end of the period to apply for a review of all decisions about effort unit applications (effort unit reviews); and (b) all effort unit reviews are ended or finally decided; and (c) _ if, in deciding an effort unit review, the tribunal gave the chief executive directions—the directions have been complied with.'. Part 30 Amendment of Fisheries Regulation 2008 Clause 535 Regulation amended This part amends the Fisheries Regulation 2008. Clause 536 Omission of ch 15, pt 4, div 3 (Allowances) Chapter 15, part 4, division 3— omit. Clause 537 Amendment of sch 9 (Other fees) Schedule 9, table 4, item 14— omit. Page 299 OMAN AN FW NR — So PRR WNre 22 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 31 Amendment of Food Production (Safety) Act 2000 [s 538] 538 Amendment of sch 11 (Dictionary) Schedule 11, part 2, definition information notice— omit. Part 31 Amendment of Food Production (Safety) Act 2000 539 Act amended This part amends the Food Production (Safety) Act 2000. 540 Amendment of s 48 (Grant or renewal of accreditations) Section 48(1)(b)— omit, insert— '(b) if Safe Food decides to impose conditions on the accreditation, an information notice for the decision.'. 541 Amendment of s 49 (Refusal of applications) Section 49, from 'a written' — omit, insert— 'an information notice for the decision.' . 542 Amendment of s 55 (Notice and effect of amendment, suspension or cancellation) (1) Section 55(1), from 'notice' — omit, insert— Page 300 NOR nn & W \o ON Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 31 Amendment of Food Production (Safety) Act 2000 [s 543] 'Safe Food must give the accreditation holder an information notice for the decision to amend, suspend or cancel the accreditation. '. (2) Section 55(2)— omit. (3) Section 55(3), (5) and (6), 'the notice'-— omit, insert— 'the information notice'. (4) Sections 55(3) to (6)— renumber as sections 55(2) to (5). 543 Amendment of s 63 (Grant or renewal of approvals) Section 63(b), from 'a written' — omit, insert— 'an information notice for the decision.' . 544 Amendment of s 64 (Refusal of applications) Section 64, from 'a written' — omit, insert— 'an information notice for the decision.' . 545 Amendment of s 70 (Notice and effect of amendment, suspension or cancellation) (1) Section 70(1), from 'notice' — omit, insert— 'Safe Food must give the approval holder an information notice for the decision to amend, suspend or cancel the approval.'. Page 301 Co mMmN DWN BR WNe RW Ne oaraninan 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 31 Amendment of Food Production (Safety) Act 2000 [s 546] (2) (3) (4) Section 70(2)— omit. Section 70(3), (5) and (6), 'the notice'— omit, insert— 'the information notice'. Sections 70(3) to (6)— renumber as sections 70(2) to (5). Clause 546 Replacement of pt 9 (Appeals) 'Part 9 Part 9— omit, insert— Review of decisions "126 Who may apply for review Page 302 'The following persons may apply, as provided under the QCAT Act, to QCAT for a review of the decision stated for the person— (a) a person whose application for an accreditation, or renewal of an accreditation, under part 5 has been granted subject to a condition or refused; (b) a person whose accreditation is amended, suspended or cancelled under section 53(4); (c) a person whose application for an approval, or renewal of an approval, as an auditor under part 6 has been granted subject to a condition or refused; (d) a person whose approval as an auditor is amended, suspended or cancelled under section 68(4).'. NADU fF WN \o ow NX STO OAD NSW WV 2225 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 32 Amendment of Funeral Benefit Business Act 1982 [s 547] Clause 547 Amendment of sch 2 (Dictionary) Schedule 2— insert— 'information notice means a notice complying with the QCAT Act, section 157(2).'. Part 32 Amendment of Funeral Benefit Business Act 1982 Clause 548 Act amended This part amends the Funeral Benefit Business Act 1982. Clause 549 Amendment of s 5 (Definitions) Section 5— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Clause 550 Amendment of s 52 (Cancellation of registration by court) (1) Section 52, heading, 'court'— omit, insert— 'QCAT'. (2) Section 52(1), (3), (6), (8) and (9), 'the court' — omit, insert— "QCAT'. Page 303 nA WN RW NY — CO omni nn 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 32 Amendment of Funeral Benefit Business Act 1982 [s 551] (3) Section 52(7), 'The court'— omit, insert— "QCAT'. Clause 551 Amendment of s 61 (Provisions as to rules) d) "O) (2) (3) Section 61(5)— omit, insert— If the registrar refuses to register a rule or an amendment of a rule, the registrar must give the registered corporation a QCAT information notice for the decision (the reviewable decision).'. Section 61(6), from 'may appeal'— omit, insert— 'may apply, as provided under the QCAT Act, to QCAT for a review of the reviewable decision.'. Section 61(7) and (8)— omit. Clause 552 Amendment of s 65 (Control and management of certain accounts of registered corporations) d) GA) (2) Page 304 Section 65— insert— When serving the notice mentioned in subsection (2), the registrar must also give the registered corporation, member of the governing body or the secretary being served a QCAT information notice for the decision to serve the notice.'. Section 65(9), from 'may appeal'— omit, insert— COmMANI DWN Ff Dn nn BW N KF CO \o orn 2224 26 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 33 Amendment of Funeral Benefit Business Regulation 2000 [s 553] 'may apply, as provided under the QCAT Act, to QCAT for a review of the registrar's decision to serve the notice (the reviewable decision).'. (3) Section 65(10) and (11)— omit. (4) Section 65(12)(b), 'if the court on appeal'— omit, insert— 'if QCAT on reviewing the reviewable decision'. (5) Section 65(12)(b), 'by the court'— omit, insert— "by QCAT"'. 553. Omission of s 87 (Court may give directions) Section 87— omit. Part 33 Amendment of Funeral Benefit Business Regulation 2000 554 Regulation amended This part amends the Funeral Benefit Business Regulation 2000. 555 Omission of s 45 (Notice of appeal by corporation) Section 45— omit. Page 305 Co mMmN DWN BR WNe 16 19 21 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 34 Amendment of Gaming Machine Act 1991 [s 556] 556 Omission of s 47 (Notice of appeal) Section 47— omit. Part 34 Amendment of Gaming Machine Act 1991 557 Act amended This part amends the Gaming Machine Act 1991. 558 Omission of s 8 (Meaning of information notice) Section 8— omit. 559 Replacement of ss 29-38 Sections 29 to 38— omit, insert— '29 Who may apply for a review by tribunal '1)_ A person who is or was an applicant for, or a holder of, a licence under this Act and is aggrieved by a d lecision or determination of the commission stated in schedule 1, part 1 may apply, as provided under the QCAT Act, to t for a review of the decision or determination. he tribunal '(2) A person who is or was an applicant for, or a holder of, a licence under this Act and is aggrieved by a d determination of the chief executive stated in sched lecision or ule 1, part 3 may apply, as provided under the QCAT Act, to t for a review of the decision. Page 306 he tribunal COmMINIDN PWN NNNNW BRWNrF OO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation 'B) (4) "O) (6) 7) "(8) 9) "(10) Part 34 Amendment of Gaming Machine Act 1991 [s 559] An applicant for a supplier's licence may apply, as provided under the QCAT Act, to the tribunal for a review of the commission's decision under section 122 to refuse to grant the application for the licence. A licensed supplier may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the commission stated in schedule 1, part 4. A person may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of a licensee stated in schedule 1, part 5. A person who is or was an applicant for, or a holder of, a licence under this Act may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive stated in schedule 1, part 2. A person who may be adversely affected by an approval under section 54(7) and to whom a notice has been given under section 54(8) may apply, as provided under the QCAT Act, to the tribunal for a review of the decision or determination. A person who seeks the chief executive's approval for section 231 or 287 may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive refusing to give the approval. A person who submits a gaming machine type or game to the chief executive under section 281 for evaluation may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive rejecting the gaming machine type or game. The owner of an article, record or other thing seized by an inspector may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of an inspector under section 331 resulting in the thing being forfeited. Page 307 Com ADDN BPWNeR iS) CO OADM FPWNFK CO NW Noe NWNONNNW AUDNHW WwWNN rPoOon Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 34 Amendment of Gaming Machine Act 1991 [s 559] 30 Effect of reconsidering a decision after application to QCAT ") 2) 'B) (4) This section applies if the chief executive, commission or an inspector amends, or sets aside and substitutes another decision for, an original decision (the reconsidered decision) as a consequence of — (a) reconsidering an original decision at the invitation of QCAT under the QCAT Act, section 23(1); or (b) reconsidering an original decision in accordance with any direction of QCAT in relation to reconsidering the original decision. Section 29 does not apply to the reconsidered decision. A proceeding for a review of the original decision by the tribunal ends. In this section— original decision means a decision or determination mentioned in section 29. '31 Tribunal to decide review on evidence before the chief executive or commission ") 2) Page 308 In a proceeding for a review by the tribunal of a decision of the chief executive or commission, the tribunal must— (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive or commission when the decision was made; and (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision. If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be— 0 ONY ANAW NR NAD NWN BPW NY KO 21 2325 2730 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation 'B) (a) (b) Part 34 Amendment of Gaming Machine Act 1991 [s 559] heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and decided in accordance with the same law that applied to the making of the original decision. In this section— original decision means the decision of the chief executive or commission to which the proceeding for the review relates. '32 Tribunal may give leave for review to be decided on new evidence in particular circumstances '(1) Despite section 31, the tribunal may grant a party to a proceeding for a review of a decision of the chief executive or commission (the decision) leave to present new evidence if the tribunal is satisfied — 2) 'B) (a) (b) the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and in the circumstances, it would be unfair not to allow the party to present the new evidence. If the tribunal gives leave under subsection (1), the tribunal must— (a) (b) adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons; or if the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the chief executive. In this section— new evidence means evidence that was not before the chief executive when the decision was made. Page 309 CID NHR WNe Com ADDN PWNK CO Nw ro NWNNnNnWN nABWN NNW ona N \o Ww ro Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 34 Amendment of Gaming Machine Act 1991 [s 560] '33 Appeals from tribunal only to Court of Appeal on question of law '(1)_ This section applies to a decision of the tribunal (the tribunal decision) in a proceeding for a review of a decision or determination mentioned in section 29. '(2) The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision. '(3) A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law. '(4) To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision. Note— See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.'. 560 Amendment of s 261D (Duration of exclusion direction) Section 261D(b)(1) and (iii), 'appeal under part 2'— omit, insert— 'a review of the decision by the tribunal'. 561 Omission of s 384 (Continuation of appeals by former listed persons) Section 384— omit. 562 Omission of s 389 (Appeal decisions resulting in persons taken to be licensed dealers) Section 389— omit. Page 310 COD NAD NPW VNR Ak Ww NF © oO wmona 22 25 27 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 34 Amendment of Gaming Machine Act 1991 [s 563] 563 Omission of s 407 (Appeals) Section 407— omit. 564 Omission of ss 414-421 Sections 414 to 421— omit. 565 Amendment of schedule (Dictionary) (1) Schedule, definitions appeal authority and registrar— omit. (2) Schedule— insert— 'tribunal means QCAT.'. (3) Schedule, definition decision-maker— omit, insert— 'decision-maker, for a review by the tribunal, means the entity who made the decision being reviewed.' . (4) Schedule, definition information notice— omit, insert— 'information notice means a written notice complying with the QCAT Act, section 157(2).'. (5) Schedule— number as schedule 2. 566 _—sInsertion of new sch 1 After section 446— insert— Page 311 CO WON AN FR WN KF CO Nw WY oe 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 34 Amendment of Gaming Machine Act 1991 [s 566] 'Schedule 1 'Part 1 Section 59(2) 59(2)(a)(ii) 59(2)(a)(iii) Page 312 Reviewable decisions section 29 Decisions or determinations of the commission affecting applicant for, or holder of, a licence Description of decision refusing to grant a gaming machine licence fixing a number of gaming machines for premises that is— (a) for premises mentioned in _ section 56(2)(c)—less than the number sought in the relevant application for the premises and less than the number approved for the premises at the time the application is made; or (b) for other premises—less than the number sought in the relevant application for the premises fixing hours of gaming for premises that differ from the hours of gaming sought in the relevant application for the premises fixing the number of operating authorities to be transferred to premises if that number is less than the number sought in the application relating to the premises nun BW Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 34 Amendment of Gaming Machine Act 1991 [s 566] Section Description of decision 63 refusing to approve additional premises as premises to which a category 2 licensee's gaming machine licence relates 64(2) fixing a number of gaming machines for additional premises that is less than the number sought in the additional premises application 64(2)(b) fixing hours of gaming for additional premises that differ from the hours of gaming sought in the relevant additional premises application 73(1)(b) imposing conditions on a gaming machine licence 741) imposing conditions or further conditions, or varying conditions on a gaming machine licence 83(1)(a) approving an increase in the approved number of gaming machines for a licensee's licensed premises that is less than the increase sought in the relevant application 83(1)(b) refusing to approve an increase in the approved number of gaming machines for a licensee's licensed premises 85C(1)(b) approving an increase in the approved hours of gaming for a licensee's licensed premises that differs from an increase sought in the relevant application 85C(1)(c) refusing to approve an increase in approved hours of gaming for a licensee's licensed premises 90C(1)(a) approving, for a decrease proposal that is a request or a report, a decrease in the approved hours of gaming for a licensee's licensed premises Page 313 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 34 Amendment of Gaming Machine Act 1991 [s 566] Section 90C(1)(b) 90C(1)(c) 97(16)(d) 97(17) 98(1) Page 314 Description of decision approving, for a decrease proposal that is an application, a decrease in the approved hours of gaming for a licensee's licensed premises that is a modification of the proposal contained in the relevant application refusing, for a decrease proposal that is an application, to approve a decrease in the approved hours of gaming for a_licensee's licensed premises cancelling or suspending a gaming machine licence cancelling or suspending a gaming machine licence for failing to comply with a direction from the commission suspending a gaming machine licence Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation 'Part 2 Section 87(1)(a) 87(1)(a) 87(1)(b) 196, 197, 201(1) 206(1) 214D 214E 214G 214H Part 34 Amendment of Gaming Machine Act 1991 [s 566] Decisions of the chief executive affecting applicants for, or holders of, licences Description of decision approving, for a decrease proposal that is an application, a decrease in the approved number of gaming machines for a licensee's licensed premises that is less than the decrease sought in the application approving, for a decrease proposal that is a request or report, a decrease in the approved number of gaming machines for a licensee's licensed premises refusing, for a decrease proposal that is an application, to approve a decrease in the approved number of gaming machines for a licensee's licensed premises refusing to grant an application for the licence imposing a condition on the licence changing a condition of the licence refusing to renew the licence immediately suspending the licence suspending or cancelling the licence censuring the holder of the licence directing the holder of the licence to rectify a matter Page 315 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 34 Amendment of Gaming Machine Act 1991 [s 566] 'Part 3 Decisions of the chief executive affecting applicants for, or holders of, licences Section Description of decision 76 refusing to renew a gaming machine licence 99 suspending a gaming machine licence 131 refusing to renew a supplier's licence 132 refusing, on an application made on the ground mentioned in section 132(1)(a), to replace a supplier's licence 'Part 4 Decisions of the commission affecting a licensed supplier Section Description of decision 123 impose a condition on the licence 127 change a condition of the licence 147(2)(d) suspend the licence 147(2)(e) cancel the licence 149 suspend the licence Page 316 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 35 Amendment of Gaming Machine Regulation 2002 [s 567] 'Part 5 Decisions of a licensee affecting persons Section Description of decision 261C give a person an exclusion direction 261F refusing to revoke an exclusion direction given to a person'. Part 35 Amendment of Gaming Machine Regulation 2002 Clause 567 Regulation amended This part amends the Gaming Machine Regulation 2002. Clause 568 Amendment of sch 5 (Fees) (1) Schedule 5, items 1 and 2— omit. (2) Schedule 5, items 3 to 53— renumber as items 1 to 51. Page 317 11 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 36 Amendment of Gas Supply Act 2003 [s 569] Part 36 Amendment of Gas Supply Act569 Act amended This part amends the Gas Supply Act 2003. 570 Amendment of s 233 (Directions for prices notification) Section 233(2), 'an information notice about'— omit, insert— 'a QCAT information notice for'. 571. Amendment of s 270ZM (Information notice about and taking effect of decision) (1) Section 270ZM(1), 'an information' — omit, insert— 'a QCAT information'. (2) Section 270ZM(2)(a), 'the information' — omit, insert— 'the QCAT information'. Amendment of ch 6, pt 1, hdg (Reviews and appeals) Chapter 6, part 1, heading, 'and appeals' — omit. Replacement of ch 6, pt 1, div 1, hdg (Reviews) Chapter 6, part 1, division 1, heading— omit, insert— 'Division 1 Internal reviews'. Page 318 omarninawn aDHnun fk WN KF CO 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 36 Amendment of Gas Supply Act 2003 [s 574] Clause 574 Amendment of s 271 (Who may apply for review) (1) Section 271, heading, after 'for'— insert— 'internal'. (2) Section 271(1), 'a review of the decision (a review application)' — omit, insert— 'an internal review of the decision (an internal review application)'. (3) Section 271(2), 'A review' — omit, insert— 'An internal review'. Clause 575 Amendment of s 272 (Requirements for making review application) (1) Section 272, heading, after 'making'— insert— 'internal'. (2) Section 272(1), 'A review' — omit, insert— 'An internal review'. Clause 576 Amendment of s 273 (Stay of operation of original decision) Section 273 'review' — omit, insert— 'internal review'. Page 319 Om NY DAN FP WN N OoOmOmN HD NN PW 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 36 Amendment of Gas Supply Act 2003 [s 577] Clause 577 Replacement of s 274 (Review decision) Section 274— omit, insert— '274 Internal review decision '(1)_ The reviewer must, within 20 business days after the internal review application is made— 2) 'B) (a) review the original decision; and (b) make a decision (the internal review decision) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute anot! decision. her decision for the original If the internal review decision confirms the original decision, for the purpose of an ap plication for external review, the original decision is taken to be the internal review decision. If the internal review decision amends the original decision, for the purpose of an ap plication for external review, the original decision as amended is taken to be the internal review decision.' . Clause 578 Amendment of s 275 (Review procedure) d) (2) Page 320 Section 275, heading, 'Review' — omit, insert— 'Internal review' . Section 275(1), 'A review' — omit, insert— 'An internal review'. oO mrN AN FP WN OCOMDANID NARW NK CO 21 2325 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 579 Clause 580 Clause 581 Chapter 5 Department of Employment, Economic Development and Innovation Part 36 Amendment of Gas Supply Act 2003 [s 579] (3) Section 275(3), 'the review' — omit, insert— 'the internal review'. Amendment of s 276 (Reviewer may seek advice or information) Section 276, 'review' — omit, insert— 'internal review'. Amendment of s 277 (Offence about disclosure of advice or information) (1) Section 277(1), 'review' — omit, insert— 'internal review'. (2) Section 277(3), 'review or an appeal against the review' — omit, insert— 'internal review or an external review of the internal review'. Amendment of s 278 (Notice of review decision) (1) Section 278, heading, 'review' — omit, insert— 'internal review'. (2) Section 278(1), 'a review decision, give the applicant notice (a review notice) of' — omit, insert— 'an internal review decision, give the applicant notice (an internal review notice) for'. Page 321 on HW Ws aDHnunk WN KF CO 22 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 36 Amendment of Gas Supply Act 2003 [s 582] (3) 2) (4) Section 278(2)— omit, insert— If the internal review decision is not the decision sought by the applicant, the internal review notice must also include, or be accompanied by, a QCAT information notice for the decision.'. Section 278(3), from 'the review' to 'a review' — omit, insert— 'the internal review notice within the 10 business days, the reviewer is taken to have made an internal review'. Clause 582 Replacement of ch 6, pt 1, div 2 (Appeals) Chapter 6, part 1, division 2— omit, insert— 'Division 2 External reviews by QCAT'. '279 External review of internal review decision ") 2) 'B) Page 322 A person who has been given, or is entitled to be given, an internal review notice for an internal review decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision. A person who has been given, or is entitled to be given, a QCAT information notice for a decision under section 233 may apply, as provided under the QCAT Act, to QCAT for an external review of the decision. Editor's note— Section 233 (Directions for prices notification) A distributor or retailer who, under section 270ZM, has been given, or is entitled to be given, a QCAT information notice for a decision under section 270ZL to impose a civil penalty may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.'. Co mON DUN BW NY WN So Corn nN \o 2225 2729 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 36 Amendment of Gas Supply Act 2003 [s 583] Clause 583 Amendment of sch 1, hdg (Decisions subject to review) Schedule 1, heading, 'review' — omit, insert— 'internal review' . Clause 584 Amendment of sch 2 (Dictionary) d) (2) (3) Schedule 5, definitions review application, review decision and review notice— omit. Schedule 5— insert— 'external review, for a decision, means a review of the decision by QCAT under the QCAT Act. internal review application see section 271(1). internal review decision see section 274(1)(b). internal review notice see section 278(1). QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Schedule 2, definition information notice, 'review or appeal' — omit, insert— 'internal review'. Page 323 BR WN omrAnnnN Com AD WN FW NF CO NY WY re oO Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 37 Amendment of Interactive Gambling (Player Protection) Act 1998 [s 585] Part 37 Amendment of Interactive Gambling (Player Protection) Act 1998 585 Act amended This part amends the Interactive Gambling (Player Protection) Act 1998. 586 Amendment of s 105 (Directions to terminate affecting agents) Section 105(5)— omit, insert— "(5) A notice under subsection (3) or (4) must comply with the QCAT Act, section 157(2).'. Amendment of s 137D (Duration of exclusion direction) Section 137D(b)(i) and (iii), 'appeal under part 10'— omit, insert— 'a review of the decision by the tribunal'. Amendment of s 213 (Forfeiture) Section 213(5)— omit, insert— '(5) The notice must comply with the QCAT Act, section 157(2).'. Replacement of pt 10 (Appeals) Part 10— omit, insert— Page 324 An f \o won Noe nn & W 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 37 Amendment of Interactive Gambling (Player Protection) Act 1998 [s 589] 'Part 10 Reviews by tribunal '249 When licensed providers may apply for review 'A licensed provider may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 1. '250 When applicants for key person licences may apply for review 'An applicant for a key person licence may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive under section 66 to refuse to grant the application. '251. When key person licensees may apply for review 'A key person licensee may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 2. '252 When agents may apply for review 'An agent may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 3. '253 When other persons may apply for review "(1)_ The owner of a thing seized by an inspector may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of an inspector under section 213 to forfeit the thing. '(2) A person may apply, as provided under the QCAT Act, to the tribunal for a review of the following decisions— (a) a decision of a licensed provider, under section 137C, to give the person an exclusion direction; Page 325 nABRwW NY on ND nABwW WN Oonmrn a 2225 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 37 Amendment of Interactive Gambling (Player Protection) Act 1998 [s 589] (b) a decision of a licensed provider, under section 137F, refusing to revoke an exclusion direction given to the person. '254 'Tribunal to decide review on evidence before the chief executive '1) In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must— 2) 'B) (a) (b) hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and decide the review of the decision in accordance with the same law that applied to the making of the original decision. If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be— (a) (b) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and decided in accordance with the same law that applied to the making of the original decision. In this section— original decision means the decision of the chief executive to which the proceeding for the review relates. '255 Tribunal may give leave for review to be decided on new evidence in particular circumstances '(1) Despite section 254, the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied— Page 326 WNrR COM ND Ws CAN DANK WNK CO Nw ro N N NN BW 26 2830 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation 2) 'B) Part 37 Amendment of Interactive Gambling (Player Protection) Act 1998 [s 589] (a) the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and (b) in the circumstances, it would be unfair not to allow the party to present the new evidence. If the tribunal gives leave under subsection (1), the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons. In this section— new evidence means evidence that was not before the chief executive when the decision was made. '256 Appeals from tribunal only to Court of Appeal ona question of law ") 2) 'B) (4) This section applies to a decision of the tribunal (the #ibunal decision) in a proceeding for a review of a decision mentioned in sections 249 to 253. The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision. A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law. To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision. Note— See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.'. Page 327 CAND NHK WNKE WN F Oo NX CO OND WS 2225 28 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 37 Amendment of Interactive Gambling (Player Protection) Act 1998 [s 590] 590 Omission of s 265 (Dealing with show cause notice) Section 265— omit. 591 Omission of s 267 (Appeals to Queensland Gaming Commission) Section 267— omit. 592 Amendment of sch 2 (Decisions of chief executive subject to appeal) Schedule 2, heading, 'appeal'— omit, insert— 'review'. 593 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions Queensland Gaming Commission and registrar— omit. (2) Schedule 3— insert— 'tribunal means QCAT.'. (3) Schedule 3, definition information notice— omit, insert— 'information notice means a written notice complying with the QCAT Act, section 157(2).'. Page 328 'ow ND Ws N omnNn WD Wns W 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 38 Amendment of Interactive Gambling (Player Protection) Regulation 1998 [s 594] Part 38 Amendment of Interactive Gambling (Player Protection) Regulation 1998 Clause 594 Regulation amended This part amends the Interactive Gambling (Player Protection) Regulation 1998. Clause 595 Replacement of s 17 (Appeals) Section 17— omit, insert— 17 Review of decision of chief executive '(1)_ This section applies to a licensed provider or claimant given an information notice for a decision of the chief executive under section 15 or 16. '(2) The licensed provider or claimant may apply, as provided under the QCAT Act, to QCAT for a review of the decision of the chief executive. '(3) Sections 254 to 256 of the Act apply to a proceeding for the review. . Clause 596 Omission of s 20 (Registrar—Act, sch 3) Section 20— omit. Clause 597 Amendment of sch 3 (Fees) Schedule 3, item 5— omit. Page 329 \o An f AAI ANB WNrF CO 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 39 Amendment of Introduction Agents Act 2001 [s 598] Part 39 Amendment of Introduction Agents Act 2001 Clause 598 Act amended This part amends the ntroduction Agents Act 2001. Clause 599 Amendment of s 24 (Decision on application) 'B) Section 24(3)— omit, insert— If the chief executive decides to refuse to grant the licence, the chief executive must promptly give the applicant a QCAT information notice for the decision.'. Clause 600 Amendment of s 27 (Procedure for suspending, cancelling, refusing to renew or imposing conditions on a licence) (4) Section 27(4)— omit, insert— If the chief executive's decision is to cancel, suspend, refuse to renew or impose a condition on the licence, the notice must be a QCAT information notice for the decision.'. Clause 601 Amendment of s 30 (Replacement licence) "O) Page 330 Section 30(5)— omit, insert— If the chief executive decides to refuse to replace the licence, the chief executive must give the applicant a QCAT information notice for the decision.'. omArninn CAD NA FP WN 21 23 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 39 Amendment of Introduction Agents Act 2001 [s 602] 602 Replacement of pt 7 (Appeals) Part 7— omit, insert— 'Part 7 External review '82 Definition for pt 7 'In this part— reviewable decision means— (a) for an applicant for a licence— (i) a decision of the chief executive to impose a condition on a licence under section 24(1)(a); or (ii) a decision of the chief executive under section 24(1)(b); or (b) for a licensee—a decision of the chief executive under section 27(2) or 30(3)(b). '83 Application for review by QCAT 'An applicant for a licence or a licensee may apply, as provided under the QCAT Act, to QCAT for a review of a reviewable decision. '. 603 Amendment of sch 2 (Dictionary) Schedule 2— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2). reviewable decision, for part 7, see section 82.'. Page 331 oMmrnNnnann WN RW NF CO CAIN N 21 23 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 40 Amendment of Keno Act 1996 [s 604] Part 40 Amendment of Keno Act 1996 Act amended This part amends the Keno Act 1996. Amendment of s 101 (Directions to terminate affecting appointed agents) Section 101(6)— omit, insert— "(6) A notice under subsection (3), (4) or (5) must comply with the QCAT Act, section 157(2).'. Amendment of s 154E (Duration of exclusion direction) Section 154E(b)(i) and (iii), 'appeal under part 11'— omit, insert— 'a review of the decision by the tribunal'. Amendment of s 190 (Forfeiture of seized things) Section 190(5)— omit, insert— '(5) The notice must comply with the QCAT Act, section 157(2).'. Replacement of pt 11 (Appeals) Part 11— omit, insert— Page 332 w Com AD Us Ww NF Oo NAW sf \o ow Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 40 Amendment of Keno Act 1996 [s 608] 'Part 11 Reviews by tribunal '228 "229 '230 '232 When keno licensees may apply for review 'A keno licensee may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 1. When applicants for keno employee licences may apply for review 'An applicant for a keno employee licence may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive under section 50 to refuse to grant the application. When licensed keno employees may apply for review 'A licensed keno employee may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 2. When keno agents may apply for review 'A keno agent may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 3. When keno subagents may apply for review 'A keno subagent may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 4. Page 333 nAkRwW NY om ND nABwW NY ConmArn an 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 40 Amendment of Keno Act 1996 [s 608] '233. When other persons may apply for review "(1)_ The owner of a thing seized by an inspector may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the inspector under section 190 to forfeit the thing. 2) A person may apply, as provided under the QCAT Act, to the tribunal for a review of the following decisions— (a) (b) a decision of an appointed agent, under section 154D, to give the person an exclusion direction; a decision of an appointed agent, under section 154G, refusing to revoke an exclusion direction given to the person. '234 Tribunal to decide review on evidence before the chief executive '1) In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must— 2) 'B) Page 334 (a) (b) hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and decide the review of the decision in accordance with the same law that applied to the making of the original decision. If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be— (a) (b) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and decided in accordance with the same law that applied to the making of the original decision. In this section— original decision means the decision of the chief executive to which the proceeding for the review relates. 0 ON DAN FWY ro iS) CO OAD NH WH 232629 32 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 40 Amendment of Keno Act 1996 [s 608] '235 Tribunal may give leave for review to be decided on new evidence in particular circumstances ") 2) 'B) Despite section 234, the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied— (a) the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and (b) in the circumstances, it would be unfair not to allow the party to present the new evidence. If the tribunal gives leave under subsection (1), the tribunal must— (a) adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons; or (b) if the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the chief executive. In this section— new evidence means evidence that was not before the chief executive when the decision was made. '236 Appeals from tribunal only to Court of Appeal ona question of law ") 2) This section applies to a decision of the tribunal (the #ibunal decision) in a proceeding for a review of a decision mentioned in sections 228 to 233. The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision. Page 335 OMAN ANBW NR NY SCOmW ADM WN FO N — NN Wh 25 2730 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 40 Amendment of Keno Act 1996 [s 609] '(3) A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law. '(4) To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision. Note— See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.'. 609 Omission of s 246 (Dealing with show cause notice) Section 246— omit. 610 Omission of s 248 (Appeals to Gaming Commission) Section 248— omit. 611 Amendment of sch 4 (Dictionary) (1) Schedule 4, definitions Gaming Commission and registrar— omit. (2) Schedule 4— insert— 'tribunal means QCAT.'. (3) Schedule 4, definition information notice— omit, insert— 'information notice means a written notice complying with the QCAT Act, section 157(2).'. Page 336 CAD NB WNR A omni nn 2124 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 41 Amendment of Keno Regulation 1997 [s 612] Part 41 Amendment of Keno Regulation 1997 612 Regulation amended This part amends the Keno Regulation 1997. 613. Amendment of sch 3 (Fees) Schedule 3, item 4— omit. Part 42 Amendment of Liquid Fuel Supply Act 1984 614 Act amended This part amends the Liquid Fuel Supply Act 1984. 615 Amendment of s 5 (Interpretation) Section 5— insert— 'information notice means a notice complying with the QCAT Act, section 157(2).'. 616 Replacement of s 35 (Rights of appeal) Section 35— omit, insert— Page 337 Dun fF WN Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 42 Amendment of Liquid Fuel Supply Act 1984 [s 616] 35 Right of review "1) A person about whom any of the following decisions is made may apply, as provided under the QCAT Act, to QCAT for a review of the decision— (a) (b) (c) (d) (e) (f) a refusal of a permit under this part; a cancellation of a permit under this part; a refusal to identify a person, association of persons or class of person as an essential user or as a high priority user of liquid fuel of a particular kind; a revocation of an instrument identifying a person, association of persons or class of person as an essential user or as a high priority user of liquid fuel of a particular kind; a refusal to identify a person or association of persons as a bulk customer of a relevant person for a particular refined liquid petroleum product; a revocation of an instrument identifying a person or association of persons as a bulk customer of a relevant person for a particular refined liquid petroleum product. '(2) Costs must not be awarded to either party to a review by QCAT. *35AA Minister need not give information notice '(1) | This section applies to a decision mentioned in section 35(1). '(2) The Minister need not give an information notice for the decision if the Minister considers— (a) (b) Page 338 it is impracticable to give an information notice to each person in an association of persons or a class of persons; or publication of the information notice might disclose confidential information or personal confidential information; or CAN DN FWY CAN DANK WNrK SO Nw ro 23 25 2730 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 42 Amendment of Liquid Fuel Supply Act 1984 [s 617] (c) it is impracticable to give an information notice for any other reason. "(3) In this section— personal confidential information means confidential information that— (a) is not publicly available; and (b) identifies, or is likely to identify, a person or discloses matters about a person's affairs. reviewable decision means a reviewable decision under the QCAT Act.'. Amendment of s 45 (Trade secrets) (1) Section 45(2A) to (5)— omit, insert— '(3) The Minister must give the person who objected— (a) acopy of the instrument; and (b) an information notice for the Minister's decision.' . "(4) A person who has objected under subsection (1) may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. (2) Section 45(6)— renumber as section 45(5). Amendment of s 56 (Injunctions against Minister excluded) Section 56, 'appeals against' — omit, insert— 'the review of'. Page 339 CON DUP WW NK So COmMANI DUN BP WN NY WwW re Oo 23 25 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 43 Amendment of Liquor Act 1992 [s 619] Part 43 Amendment of Liquor Act 1992 619 Act amended This part amends the Liquor Act 1992. 620 Amendment of s 3 (Act's objects) Section 3(c), 'appeals authorised by'— omit, insert— 'reviews of certain decisions under'. 621 Amendment of s 4 (Definitions) (1) Section 4, definitions chairperson and director— omit. (2) Section 4, definitions tribunal and tribunal Act— omit, insert— 'tribunal means QCAT. tribunal Act means the QCAT Act.'. 622 Replacement of pt 2, div 2 (Appeals to tribunal) Part 2, division 2— omit, insert— 'Division 2 Review of decisions by tribunal '29A Definitions 'In this division— submission does not include a submission made under section 118A. Page 340 ND WN Fs 1S) \o @w RW NY FF CO aoarnannan 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 43 Amendment of Liquor Act 1992 [s 622] tribunal registrar means the principal registrar under the tribunal Act. 30 Who may apply for review of decisions ") 2) A person may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive if— (a) the person— (i) made an application, submission or objection in the proceeding in which the decision was made; or (ii) if the decision is to take disciplinary action relating to, or the urgent suspension of, a licence, to cancel or suspend a permit or to impose or vary the conditions of a permit—is the licensee or permittee; and (b) _ the person is aggrieved by the decision. However, if, under section 111(2), the chief executive decides to vary conditions of a licence or permit relating to a restricted area, a person who made a submission or objection in the proceeding for the variation is not entitled to apply to the tribunal for a review of the chief executive's decision. 31 Failure to notify about decision ") 2) This section applies if the chief executive fails to notify an applicant of the grant or refusal of an application within 30 days after the end of the time within which all steps required or permitted by this Act to be taken relating to the application must be taken. For the purposes of a review by the tribunal, the chief executive is taken to have given to the applicant notice of a decision to refuse the application at the end of the period of 30 days. Page 341 NOR C0 ON HD NH W COANDMN FP WNK CO 22242729 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 43 Amendment of Liquor Act 1992 [s 622] '32 Notification of review to interested persons ") 2) 'B) As soon as practicable after receiving notice of an application for a review under section 30, the chief executive must give to the principal registrar written notice of the names and addresses (as last known to the chief executive) of all persons who made an application, submission or objection in the proceeding relevant to the review. The principal registrar must give to each person whose name and address have been notified to the principal registrar under subsection (1), other than the person who applied for the review, written notice that a review has been started. At least 3 days before a hearing of a review is to start, the principal registrar must give written notice of the time and place of the hearing to the following persons— (a) _ the person who applied for the review; (b) the chief executive; (c) as far as is practicable—each person whose name and address have been given to the principal registrar under section 32(1). '33 Tribunal to decide review on evidence before the chief executive ") 2) Page 342 In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must— (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision. If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be— COMA NADNHPWN OMANI HD NN PWN FO 23 252831 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation 'B) Part 43 Amendment of Liquor Act 1992 [s 622] (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and (b) decided in accordance with the same law that applied to the making of the original decision. In this section— original decision means the decision of the chief executive to which the proceeding for the review relates. 34 Tribunal may give leave for review to be decided on new evidence in particular circumstances ") 2) 'B) Despite section 33, the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied— (a) the party did not know, and could not reasonably be expected to have known, of the existence of the new evidence before the decision; and (b) in the circumstances, it would be unfair not to allow the party to present the new evidence. If the tribunal gives leave under subsection (1), the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons. In this section— new evidence means evidence that was not before the chief executive when the decision was made. Page 343 CID NHR WNe Com ADDN PWNK CO NNNNW BRWNrF OS N n NW NO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 43 Amendment of Liquor Act 1992 [s 623] 35 Appeals from tribunal only to Court of Appeal on a question of law '(1)_ This section applies to a decision of the tribunal (the tribunal decision) in a proceeding for a review of a decision of the chief executive. '(2) The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision. '(3) A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law. '(4) To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision. Note— See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.'. Clause 623 Amendment of s 48 (Preservation of confidentiality) Section 48(2)(d)— omit, insert— '(d) disclosing information about the status of an application to the tribunal for a review and the names of the parties to the review; or'. Clause 624 Amendment of s 134C (Decision about relevant action relating to adult entertainment permit) Section 134C(3)— omit, insert— "(3) Also, if the chief executive decides to take the relevant action the notice under subsection (2) must comply with the tribunal Act, section 157(2).'. Page 344 COD NAD NPW VNR Ak Ww NF © POO ON DA Nw 2427 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 43 Amendment of Liquor Act 1992 [s 625] Clause 625 Amendment of s 137B (Notice to be given about chief executive's decision) Section 137B(3), from 'state—'— omit, insert— 'comply with the tribunal Act, section 157(2).'. Clause 626 Amendment of s 137C (Urgent suspension) Section 137C(2)— omit, insert— '(2) The chief executive may immediately suspend the licence (an urgent suspension) by written notice which must— (a) be given to the licensee; and (b) _ state the licence is suspended; and (c) comply with the tribunal Act, section 157(2).'. Clause 627 Amendment of s 142P (Review decision) Section 142P(6)— omit, insert— '(6) The written notice must comply with the tribunal Act, section 157(2).'. Clause 628 Replacement of s 142T (Refusal to grant application) Section 142T— omit, insert— '142T Refusal to grant application '_) If the chief executive decides to refuse to grant the application, the chief executive must as soon as practicable give the applicant written notice of the decision. Page 345 oo wmonan na kW Ne WwW nN FR Oo OND Nn 2124 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 43 Amendment of Liquor Act 1992 [s 629] '(2) The written notice must comply with the tribunal Act, section 157(2).'. 629 Replacement of s 142X (Refusal to renew approval) Section 142X— omit, insert— "142X Refusal to renew approval '(1) | If the chief executive decides to refuse to renew the approval, the chief executive must as soon as practicable give the applicant written notice of the decision. '(2) The written notice must comply with the tribunal Act, section 157(2).'. 630 Amendment of s 142ZE (Suspension or cancellation) Section 142ZE(4)— omit, insert— '(4) The chief executive must as soon as practicable give the holder of the approval a written notice of the decision. '(4A) The written notice must comply with the tribunal Act, section 157(2).'. 631 Amendment of s 208 (Payment of fees) Section 208(3)(b)— omit, insert— '(b) the application by a person to the tribunal, and the powers of the tribunal, in relation to the failure to pay the fee.'. Page 346 N OAN DN fF WW OI AN FW NWN 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 44 Part 44 Amendment of Liquor Regulation 2002 [s 632] Amendment of Liquor Regulation 2002 Clause 632 Regulation amended This part amends the Liquor Regulation 2002. Clause 633 Amendment of s 8 (Obligation to conduct business at detached bottle shop if no appeal) d) (2) (3) 2) 'B) Section 8, heading, 'appeal'— omit, insert— 'review'. Section 8(1)(c)— omit, insert— '(c) no application is made for a review of the chief executive's decision to grant the approval.'. Section 8(2) to (4)— omit, insert— The licensee must start to conduct business under the approval within 60 days after the last day on which an application for a review of the chief executive's decision to grant the approval may be made. If the licensee fails to comply with subsection (2), the approval lapses at the end of 60 days after the last day on which an application for a review of the chief executive's decision to grant the approval may be made.'. Clause 634 Amendment of s 9 (Obligation to conduct business at detached bottle shop after an appeal) d) Section 9, heading, 'an appeal' — omit, insert— Page 347 oWmnn an CAND NAN FP WN KF CO NNNWW WNrRO 25 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 44 Amendment of Liquor Regulation 2002 [s 635] 'review'. (2) Section 9(1)(b)— omit, insert— '(b) an application has been made for a review of the chief executive's decision to grant the approval; and'. Clause 635 Amendment of s 13 (Decision by chief executive for application under s 12) Section 13(2)— omit, insert— '(2) If the chief executive refuses the application, the chief executive must as soon as practicable give the applicant written notice of the refusal. '(3) The written notice must comply with the tribunal Act, section 157(2).'. Clause 636 Amendment of s 15 (Decision by chief executive for application under s 14) Section 15(2)— omit, insert— '(2) If the chief executive refuses the joint application, the chief executive must as soon as practicable give each applicant written notice of the refusal. '(3) The written notice must comply with the tribunal Act, section 157(2).'. Clause 637 Amendment of s 18 (Decision by chief executive for application under s 17) Section 18(2)— omit, insert— Page 348 oO ND nA WN RW NRO on an 23 25 27 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation 2) 'B) Part 44 Amendment of Liquor Regulation 2002 [s 638] If the chief executive refuses the application, the chief executive must as soon as practicable give the applicant written notice of the refusal. The written notice must comply with the tribunal Act, section 157(2).'. 638 Amendment of s 22 (Decision by chief executive for application under s 21 other than application for an occasion approval) (4) "O) Section 22(4)— omit, insert— If the chief executive refuses the application, the chief executive must as soon as practicable give the applicant written notice of the refusal. The written notice must comply with the tribunal Act, section 157(2).'. 639 Amendment of s 24 (Decision by chief executive for application under s 21 for an occasion approval) 'B) (4) Section 24(3)— omit, insert— If the chief executive refuses the application, the chief executive must as soon as practicable give the applicant written notice of the refusal. The written notice must comply with the tribunal Act, section 157(2).'. 640 Amendment of s 36K (Notice of reassessment of licence fee) Section 36K(3)(b)(iv) and (v)— omit, insert— Page 349 Oo OND nk WNrR nk WNrF CO ana 22 24 26 28 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 44 Amendment of Liquor Regulation 2002 [s 641] '(iv) the licensee may apply, as provided under the QCAT Act, to the tribunal for a review of a reassessment; (v) how, and the time within which, the licensee may apply, as provided under the QCAT Act, to the tribunal for a review; (vi) any right the licensee has to have the operation of the decision stayed under the QCAT Act, section 22(3).'. 641 Amendment of pt 8, div 6, hdg (Appeal to tribunal about failure to pay licence fee) Part 8, division 6, heading, 'Appeal'— omit, insert— 'Application' . 642 Amendment of s 36M (Purpose of div 6) Section 36M, 'an appeal by a licensee'— omit, insert— 'a licensee to apply'. 643 Replacement of s 36N (Appeal about failure to pay licence fee or underpaid amount) Section 36N— omit, insert— *36N Application to tribunal about failure to pay licence fee or underpaid amount '(1)__ This section applies if a person is aggrieved by the suspension and impending cancellation of a licence because of a failure to pay the licence fee for the licence for a licence period, or an underpaid amount, under section 36L(2) (the outstanding amount). Page 350 COPAY ANH WNK RW NFO aomarnannan 21 24 2628 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 44 Amendment of Liquor Regulation 2002 Clause 644 [s 644] '(2) The person may apply, as provided under the QCAT Act, to 'B) (4) "O) (6) the tribunal for an extension of time to pay the outstanding amount on the ground the failure was due to— (a) the business conducted (b) _ the licensee ceasing to c under authority of the licence having been adversely affected by a natural disaster; or onduct business on the licensed premises under authority of the licence; or (c) _ the owner, lessee or mortgagee of the licensed premises starting a proceeding for possession of the premises; or (d) a personal hardship for t he licensee. Financial hardship is not a personal hardship for subsection (2)(d). The application to the tribuna under subsection (2) may only be made during the suspension period. If an application is made to the tribunal under subsection (2), the licence will not be cancel ed under section 36L(2)(b), but continues to be suspended until the suspension ends, or licence is cancelled, under section 360. In this section— suspension period see section 36L(2)(a).'. Amendment of s 360 (Powers of tribunal on appeal) (1) Section 360, heading, 'appeal'— (2) ") omit, insert— 'applications under this division'. Section 360(1) to (4)— omit, insert— In deciding the application, the tribunal may— (a) grant the application on condition that the licence fee or underpaid amount is paid to the department within a period stated by the tribunal (the time allowed); or Page 351 COA AD NH WNKR CO OAIADMN PW NF CO iS) Oo 22242629 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 44 Amendment of Liquor Regulation 2002 [s 644] 2) (3) (4) (5) (6) 7) (8) Page 352 (b) _ refuse the application. The time allowed must be at least 7 days, and not more than 28 days, after the day on which the application is granted.'. Section 360(5), '36N(4)'— omit, insert— "36N(5)'. Section 360(5)(a) and (6)(a), 'appeal is allowed'— omit, insert— 'application is granted'. Section 360(5)(b)— omit, insert— '(b) the application is refused and the licence fee or underpaid amount is paid within 1 day of the application being refused.'. Section 360(6)(b)— omit, insert— '(b) the application is refused and the licence fee or underpaid amount is not paid within 1 day of the application being refused.'. Section 360(7), 'subsection (6)'— omit, insert— "subsection (4)'. Section 360(5) to (7)— renumber as section 360(3) to (5). omrnNI DN fF WN CAN DN FWNY KF CO RN NY KY WY WY RW NY FF OC Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 45 Amendment of Lotteries Act 1997 [s 645] Part 45 Amendment of Lotteries Act Clause 645 Clause 646 Clause 647 Clause 648 Act amended This part amends the Lotteries Act 1997. Amendment of s 79 (Conditions for entering into agency agreement) Section 79(5)(d)— omit, insert— '(d)_ that the lottery operator or lottery agent may apply, as provided under the QCAT Act, to the tribunal for a review of the decision to require the amendment.'. Amendment of s 88 (Directions to terminate affecting lottery agents) Section 88(5)— omit, insert— "(5) A notice under subsection (3) or (4) must comply with the QCAT Act, section 157(2).'. Amendment of s 132AA (Former lottery operators) Section 132AA(4)(b)(v)— omit, insert— '(v) that the person may apply, as provided under the QCAT Act, to the tribunal for a review of the decision about the likely claims amount; and'. Page 353 oo mn an NAYD NW Ff WH \o ow 22 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 45 Amendment of Lotteries Act 1997 [s 649] 649 Amendment of s 176 (Forfeiture) Section 176(5)— omit, insert— '(5) The notice must comply with the QCAT Act, section 157(2).'. 650 Replacement of pt 10 (Appeals) Part 10O— omit, insert— 'Part 10 Review of decisions by tribunal '214 When lottery operators may apply for review 'A lottery operator may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 1. '215 When applicants for key person licences may apply for review 'An applicant for a key person licence may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive under section 48 to refuse to grant the application. '216 When licensees under key person licences may apply for review 'A licensee under a key person licence may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 2. Page 354 BR WN omaranininanwn NRO AANIDMN PW 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 45 Amendment of Lotteries Act 1997 [s 650] '217 When lottery agents may apply for review 'A lottery agent may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 3. '218 When other persons may apply for review '(1) Within 28 days after receiving a notice under section 132AA(4)(b), a person may apply, as provided under the QCAT Act, to the tribunal for a review of the decision under section 132AA(4)(a). '(2) The owner of a thing seized by an inspector may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of an inspector under section 176 to forfeit the thing. '219 Tribunal to decide review on evidence before the chief executive '1) In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must— (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision. '(2) If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be— (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and (b) decided in accordance with the same law that applied to the making of the original decision. Page 355 BRWN COMDINID UN NRO OAN AN HW 22 242730 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 45 Amendment of Lotteries Act 1997 [s 650] 'B) In this section— original decision means the decision of the chief executive to which the proceeding for the review relates. '220 Tribunal may give leave for review to be decided on new evidence in particular circumstances ") 2) 'B) Despite section 219, the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied— (a) the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and (b) in the circumstances, it would be unfair not to allow the party to present the new evidence. If the tribunal gives leave under subsection (1), the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons. In this section— new evidence means evidence that was not before the chief executive when the decision was made. '221 Appeals from tribunal only to Court of Appeal on a question of law ") 2) Page 356 This section applies to a decision of the tribunal (the #ibunal decision) in a proceeding for a review of a decision mentioned in sections 214 to 218. The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision. WN COWMDAND WF OANDMN BPW NK O NX So NW NOR 24 2629 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 45 Amendment of Lotteries Act 1997 [s 651] '(3) A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law. '(4) To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision. Note— See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.'. 651 Omission of s 249 (Dealing with show cause notice) Section 249— omit. 652 Omission of s 251 (Appeals to Gaming Commission) Section 25 1— omit. 653 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions Gaming Commission and registrar— omit. (2) Schedule 3— insert— 'tribunal means QCAT.'. (3) Schedule 3, definition information notice— omit, insert— 'information notice means a written notice complying with the QCAT Act, section 157(2).'. Page 357 CAD NB WNR A omni nn 2124 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 46 Amendment of Lotteries Regulation 1997 [s 654] Part 46 Amendment of Lotteries Regulation 1997 654 Regulation amended This part amends the Lotteries Regulation 2007. 655 Amendment of sch 3 (Fees) Schedule 3, item 5— omit. Part 47 Amendment of Manufactured Homes (Residential Parks) Act 656 Act amended This part amends the Manufactured Homes (Residential Parks) Act 2003. 657 Amendment of s 6 (Definitions) Section 6, 'schedule 2'— omit, insert— 'the schedule'. 658 Amendment of s 50 (Application to tribunal for order that park owner consent to assignment) Section 50(6)— omit. Page 358 WN NAW fs \o 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 47 Amendment of Manufactured Homes (Residential Parks) Act 2003 [s 659] Clause 659 Amendment of s 134 (Appointments and authority) Section 134(1)(c), ', the director' — omit. Clause 660 Amendment of s 135 (Evidentiary aids) Section 135, 'or director' — omit. Clause 661 Amendment of s 143 (Protection from liability) Section 143(3), definition official— omit, insert— 'official means— (a) the chief executive; or (b) an inspector.'. Clause 662 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions director and tribunal— omit. (2) Schedule 2— insert— 'tribunal means QCAT.'. (3) Schedule 2— renumber as schedule. Page 359 N OmOmANI HD FW Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 48 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 663] Part 48 Amendment of Petroleum and 1 Gas (Production and Safety) 2 Act 2004 3 Clause 663 Act amended This part amends the Petroleum and Gas (Production and Safety) Act 2004. An f Clause 664 Amendment of s 774 (Dealing with forfeited things) 7 Section 774(3), after 'appeal'— insert— 9 'or review'. 0 Clause 665 Amendment of s 817 (Who may apply for review) (1) Section 817, heading, after 'for'— insert— 'internal'. (2) Section 817(1), 'may apply for a review of the decision (a review application)' — omit, insert— "may apply for an internal review of the decision (an internal review application) . (3) Section 817(2), 'A review' — omit, insert— Com NY DAN FB WN NY WwW re Oo 'An internal review'. (4) Section 817(3), 'review' — omit, insert— RO NN WN 'internal review'. N n Page 360 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 48 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 666] Clause 666 Amendment of s 818 (Requirements for making application) (1) Section 818, 'A review' — omit, insert— 'An internal review'. (2) Section 818(c)(i), after 'lodging'— insert— 'internal'. Clause 667 Amendment of s 819 (Stay of operation of original decision) Section 819, 'review' — omit, insert— 'internal review'. Clause 668 Amendment of s 820 (Review decision) (1) Section 820, heading, 'Review' — omit, insert— 'Internal review' . (2) Section 820(1) and (2), 'the review' — omit, insert— 'the internal review'. (3) Section 820(1)(b), 'the review' — omit, insert— 'the internal review' . (4) Section 820(3) and (4)— omit, insert— Page 361 arANIHND NN FW NR Ww NF Oo omMmrnNnN nN fs 212325 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 48 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 669] 'B) (4) If the internal review decision confirms the original decision, for the purpose of an external review, the original decision is taken to be the internal review decision. If the internal review decision amends the original decision, for the purpose of an external review, the original decision as amended is taken to be the internal review decision.'. Clause 669 Amendment of s 821 (Review procedure) d) (2) Section 821, heading, 'Review' — omit, insert— 'Internal review' . Section 821(2), 'the review' — omit, insert— 'the internal review'. Clause 670 Amendment of s 822 (Notice of review decision) d) (2) (3) 2) Page 362 Section 822, heading, after 'of'— insert— 'internal'. Section 822(1), 'a review' — omit, insert— 'an internal review'. Section 822(2)— omit, insert— If the internal review decision is not the decision sought by the applicant, the review notice must— (a) for an internal review decision about seizure or forfeiture of a thing—include, or be accompanied by, an information notice for the decision; or Dunk WnNr ~ Ww NF Oo omMmrN DWN Ff 2124 26 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 48 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 671] (b) for another internal review decision—include, or be accompanied by, a QCAT information notice for the decision.'. (4) Section 822(3), 'a review' — omit, insert— 'an internal review'. 671 Amendment of ch 12, pt 2, hdg (Appeals) Chapter 12, part 2, heading, after 'Appeals' — insert— 'and external review'. 672 Amendment of s 823 (Who may appeal) (1) Section 823, heading, after 'appeal'— insert— 'or apply for external review'. (2) Section 823(1) and (2)— omit, insert— '(1)_ A person who is given, or is entitled to be given, a QCAT information notice for an internal review decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision. '(2) A person who is given, or is entitled to be given, an information notice about seizure or forfeiture of a thing, may appeal against the internal review decision to the District Court (the appeal body)... (3) Section 823(4), 'this section' — omit, insert— "subsection (3)'. Page 363 Dn nn fF WNe on NY SCOmMINI HD UN BP WN NNNN BRWNF NY we NY NY nw Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 48 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 673] Clause 673 Amendment of s 824 (Period to appeal) Section 824(1)— omit, insert— '1) An appeal from an internal review decision made under section 823 (2) or (3) must be started within 20 business days after— (a) if the person has been given an information notice for the decision—the day the person is given the notice; or (b) if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.'. Clause 674 Amendment of sch 1 (Reviews and appeals) Schedule 1, table 2, heading, ', other than review decisions, — omit. Clause 675 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions review application and review decision— omit. Sse er ank w nr BR WN eR (2) Schedule 2— insert— 'external review, for a decision, means a review of the decision by QCAT under the QCAT Act. internal review application, for chapter 12, see section 817(1). internal review decision see section 820(1)(b). QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Page 364 omrAnrnn 22 24 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 49 Amendment of Plant Protection Act 1989 [s 676] Part 49 Amendment of Plant Protection Act 1989 Clause 676 Act amended This part amends the Plant Protection Act 1989. Clause 677 Amendment of s 21N (Decision on reconsideration) Section 21N(3)— omit, insert— '(3) If the decision is not the decision sought by the applicant, the notice must— (a) for a decision to seize a matter or thing, state the following— (i) the reasons for the decision; (ii) that the applicant may appeal against the decision to a Magistrates Court within 28 days after the notice is given; or (b) for another decision—be accompanied by a QCAT information notice for the decision.'. Clause 678 Insertion of new pt 6, div 2A Part 6-— insert— 'Division 2A Application for review by QCAT '21NA Review of particular decisions by QCAT '(1)__ This section applies to a decision by the chief executive under section 21N, other than a decision to seize a matter or thing under this Act. Page 365 omArninn NAD NRW NY KO \o ow 21 24 Queenslai nd Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 49 Amendment of Plant Protection Act 1989 [s 679] '(2) A person who is given, or is entitled to be given, a QCAT Clause 679 information notice for the decision may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. Amendment of s 210 (Right to appeal to the Magistrates Court) (1) Section 210, before subsection (1)— insert— '(1AA) This section applies to a decision by the chief executive under section 21N about a decision to seize a matter or thing under this Act.'. (2) Section 210(1), 'a decision of the chief executive under section 21N'— omit, insert— 'the decision'. (3) Section 210(1AA) to (2)— Clause 680 Page 366 renumber as section 210(1) to (3). Amendment of sch 2 (Dictionary) Schedule 2— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. WNrR Com NY WD WS nun BW NF CO 8 21 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 50 Amendment of Plant Protection Regulation 2002 [s 681] Part 50 Amendment of Plant Protection Regulation 2002 681 Regulation amended This part amends the Plant Protection Regulation 2002. 682 Amendment of s 62 (Notice of decision and appeal) Section 62, heading, 'appeal'— omit, insert— 'reconsideration'. Part 51 Amendment of Property Agents and Motor Dealers Act 2000 683 Act amended This part amends the Property Agents and Motor Dealers Act 2000. 684 Amendment of s 70 (Amendment of licence conditions) Section 70(1), note, 'charge'— omit. 685 Amendment of s 101 (Amendment of registration certificate conditions) Section 101(1), note, 'charge'— omit. Page 367 omarninawn WN \o ON Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 51 Amendment of Property Agents and Motor Dealers Act 2000 [s 686] Clause 686 Amendment of s 248 (Warrantor's failure to repair) d) (2) (3) (4) Section 248(2), 'to a small claims tribunal'— omit, insert— ", as provided under the QCAT Acct, to the tribunal'. Section 248(3), from 'A small' to 'section 20,'— omit, insert— "Without limiting the orders the tribunal may make under the QCAT Act, section 13, the tribunal may'. Section 248(5), 'small claims tribunal'— omit, insert— 'tribunal'. Section 248(6), 'a small claims tribunal'— omit, insert— 'the tribunal'. Clause 687 Amendment of s 249 (Applications for more than prescribed amount) d) (2) (3) Page 368 Section 249(1)(a) and (2)(a), 'a small claims tribunal'— omit, insert— 'the tribunal'. Section 249(2)(b), 'the small claims tribunal'— omit, insert— 'the tribunal'. Section 249(3), definition prescribed amount— omit, insert— 'prescribed amount means the prescribed amount as defined under the QCAT Act.'. © AON DUN FW NY RW N KF CO oo mn aN 212326 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Clause 688 Clause 689 Part 51 Amendment of Property Agents and Motor Dealers Act 2000 [s 688] Amendment of s 324 (Warrantor's failure to repair) d) (2) (3) (4) Section 324(2), 'to a small claims tribunal'— omit, insert— ", as provided under the QCAT Acct, to the tribunal'. Section 324(3), from 'A small' to 'section 20,— omit, insert— "Without limiting the orders the tribunal may make under the QCAT Act, section 13, the tribunal may'. Section 324(5), 'small claims tribunal'— omit, insert— 'tribunal'. Section 324(6), 'a small claims tribunal'— omit, insert— 'the tribunal'. Amendment of s 325 (Applications for more than prescribed amount) d) (2) (3) Section 325(1)(a) and (2)(a), 'a small claims tribunal'— omit, insert— 'the tribunal'. Section 325(2)(b), 'the small claims tribunal'— omit, insert— 'the tribunal'. Section 325(3), definition prescribed amount— omit, insert— 'prescribed amount means the prescribed amount as defined under the QCAT Act.'. Page 369 © AON DUN FW NY RW NY FF CO oo mn aN 212326 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 51 Amendment of Property Agents and Motor Dealers Act 2000 [s 690] Clause 690 Amendment of s 472 (General time limit for making claims) Section 472(5), definition court— omit, insert— 'court includes the tribunal.' . Clause 691 Amendment of s 472A (Time limit for making particular claims relating to marketeering contraventions and non-investment residential property) (1) Section 472A(3)— renumber as section 472A(4). (2) Section 472A— insert— '(3) The QCAT Act, section 61 does not apply to empower the tribunal to extend the time permitted to do a thing mentioned in subsection (1)(a) or (b).'. Clause 692 Amendment of s 476 (Dealing with claims that have not settled) Section 476(3)— omit, insert— "(3) Ifa notice under subsection (1) relates to a claim other than a minor claim— (a) the chief executive must refer the claim to the tribunal; and (b) the tribunal is to decide the claim.'. Clause 693 Amendment of s 481 (Deciding minor claims) Section 481(4)— omit. Page 370 Oo OND na kW Ne ABW NY FF OO ona 23 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 51 Amendment of Property Agents and Motor Dealers Act 2000 [s 694] Clause 694 Replacement of s 482 (Notifying decision) Section 482— omit, insert— '482 Notifying decision '(1) The chief executive must give the parties an information notice for the chief executive's decision under section 481(1) (the reviewable decision). 2) The information notice must include the following additional information— (a) (b) (c) the chief executive's findings in relation to the facts of the case; if the decision is that an amount be paid to the claimant from the fund— (i) _ that the respondent named in the decision is liable to reimburse the fund to the extent of the amount paid to the claimant from the fund; and (ii) if more than 1 person is named as being liable to reimburse the fund, that the liability of the persons named is joint and several; that if no application is made to have the decision reviewed within the time allowed under the QCAT Act— (i) _ the decision is binding on the parties; and (ii) if the decision is to allow the claim and authorise payment from the fund, the respondent named in the decision as liable to reimburse the fund is liable to reimburse the fund to the extent of the amount paid to the claimant from the fund.'. Page 371 Com ADDN PWN CAN DANK WN KO NNW NRO N w NNNYNW ONAAMKL Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 51 Amendment of Property Agents and Motor Dealers Act 2000 [s 695] Amendment of s 483 (Party may ask tribunal to review chief executive's decision) Section 483, from 'apply' — omit, insert— 'apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. Amendment of s 484 (Chief executive's decision binds the parties) Section 484, 'under section 483'— omit, insert— 'under the QCAT Act'. Omission of s 485 (Registrar to fix hearing date and issue attendance notices) Section 485— omit. Amendment of s 496 (Grounds for starting disciplinary proceedings) (1) Section 496(1)(f), 'the small claims tribunal, — omit. (2) Section 496(1)(g)(vi), 'that the tribunal finds guilty of a disciplinary charge'— omit, insert— 'in relation to whom the tribunal finds grounds exist to take disciplinary action'. Page 372 Dun fF WwW Ne \o ON nA & WN aorain 22 24 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 51 Amendment of Property Agents and Motor Dealers Act 2000 [s 699] 699 Amendment of s 500B (How to start a proceeding) Section 500B(2) to (5)— omit. 700 _~—iInsertion of new ch 14, pt 5, div 2 After section 511— insert— 'Division 2 Proceedings involving a claim against the fund '512 Chief executive may make submissions '1) This section applies if a proceeding before the tribunal involves a claim against the fund. '(2) The chief executive may make submissions to the tribunal, including submissions about liability for the claimant's financial loss. '(3) Subsection (2) applies whether or not the chief executive is a party to the proceeding. 513. Application of QCAT Act, s 131 "To remove any doubt, it is declared that the reference in the QCAT Act, section 131(2) to a person includes a reference to the chief executive.'. 701 Amendment of ch 14, pt 5, div 6, hdg (Applications for summary order) Chapter 14, part 5, division 6, heading, "summary'— omit, insert— 'reimbursement'. Page 373 ON DWN fs An BWN FO ~ 22 24 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 51 Amendment of Property Agents and Motor Dealers Act 2000 [s 702] 702 Replacement of s 527 (Application for summary order) Section 527— omit, insert— '527 Application for reimbursement order '(1)_ This section applies if— 2) 'B) Page 374 (a) (b) the chief executive decides to allow, wholly or partly, a claim against the fund under section 481; and the respondent to the claim named in the decision as liable to reimburse the fund has not done so as required under a letter of demand given to the respondent under section 490(4). The chief executive may apply, as provided under the QCAT Act, to the tribunal for an order that a respondent reimburse the fund. The application must be accompanied by the following documents— (a) acopy of the claim against the fund in relation to which the application is made; (b) copies of the written notice of the chief executive's decision, the decision and the information notice given under section 482; (c) a copy of the letter of demand given under section 490(4); (d) astatutory declaration by the chief executive stating— (i) the amount paid from the fund in settlement of the claim; and (ii) the amount of any payment received from the respondent in satisfaction of the claim.'. COD AND WN PWN erN nN FWNY KO Nw ro) NN WN N BG NN nun NN on Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 51 Amendment of Property Agents and Motor Dealers Act 2000 [s 703] 703. Amendment of s 528 (Respondent to be advised of application for summary order) d) (2) (3) Section 528, heading, 'summary'— omit, insert— 'reimbursement'. Section 528(1)(c), 'summary' — omit, insert— 'reimbursement'. Section 528(1)(c)(iii) and (iv)— omit, insert— '(ii) an information notice under section 482 was given to the respondent; and (iv) the respondent did not apply to the tribunal under section 483 to have the decision reviewed; and'. 704 ~—=—Insertion of new ss 528B and 528BA Chapter 14, part 5, division 8, after section 528A— insert— '528B Procedure before public examination starts ") 2) 'B) Before the start of a public examination, the tribunal must be satisfied each person to be examined has received written grounds for the public examination. On being satisfied under subsection (1), the tribunal must— (a) decide a time and place for the public examination; and (b) issue an attendance notice to each person to be examined. If a person to be examined is a corporation, for the purposes of the public examination, the tribunal must issue the attendance notice requiring a named executive officer of the corporation to attend the tribunal for examination. Page 375 OomMmN DN BW NK RW NF CO cocoOMmN DWN 21 23 25 2729 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 51 Amendment of Property Agents and Motor Dealers Act 2000 [s 704] '(4) The attendance notice must state— (a) _ the time and place for the public examination decided by the tribunal; and (b) | the person may make oral and written submissions at the public examination. "(5) The chief executive must serve the attendance notice on the person to whom it was issued. '528BA Person must answer particular questions '(1)_ This section applies if a person being examined at a public examination refuses to answer any question put to the person. '(2) If the tribunal requires the person to answer the question, the tribunal must advise the person of the following— (a) that if the answer might incriminate the person, the person may claim, before giving the answer, that giving the answer might incriminate the person; (b) the effect that making the claim will have on the admissibility of the answer in any proceeding against the person. '(3) The person must answer the question, unless the person has a reasonable excuse. Maximum penalty—S00 penalty units. '(4) It is not a reasonable excuse to fail to answer the question that answering might tend to incriminate the person. '(5) The answer is not admissible in any criminal or civil proceeding against the person, other than— (a) _ the public examination of a person; or (b) a proceeding to review a reviewable decision; or (c) an appeal against the tribunal's decision to require the answer; or (d) a perjury proceeding. Page 376 AD NH WN oo \o SCO MIND NARW NK CO NY WwW — NN Wh NN ns NY WY nN aD NW Nemo') ww Oo Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Clause 705 (6) Part 51 Amendment of Property Agents and Motor Dealers Act 2000 [s 705] In this section— perjury proceeding means a proceeding in which the falsity or misleading nature of the answer is relevant. reviewable decision means a decision of the chief executive— (a) under section 481(1); or (b) mentioned in schedule 1.'. Amendment of s 529 (Orders tribunal may make on disciplinary charge hearing) d) (2) (3) (4) (5) Section 529, heading, 'charge'— omit. Section 529(1), 'the tribunal finds guilty of a disciplinary charge brought'— omit, insert— 'in relation to whom the tribunal finds grounds exist to take disciplinary action'. Section 529(1)(b), from '200 penalty units' — omit, insert— ' (i) for an individual—200 penalty units; or (ii) for a corporation—1000 penalty units;'. Section 529(1)— insert— '(ba) an order that the person pay compensation (inclusive of any commission to which the person is not entitled) to someone else who has suffered loss or damage because of the act or omission that resulted in the finding;'. Section 529(2), 'charge' — omit, insert— Page 377 Dn nn fF WN \o ON Co mMWmrNI ND UNF W NF CO Nw' WY NF oO NNNN Dun W NN on Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 51 Amendment of Property Agents and Motor Dealers Act 2000 [s 706] (6) 'B) 'proceeding'. Section 529— insert— The chief executive may recover a fine, ordered by the tribunal to be paid by the person to the chief executive, as a debt owing to the chief executive in a court with jurisdiction to recover debts up to the amount of the fine.'. Clause 706 Insertion of new s 529A After section 529— insert— '529A Stopping contraventions ") 2) 'B) (4) "O) (6) 7) Page 378 This section applies if the tribunal is satisfied, on application by the chief executive, that a person is doing, or is about to do, something in contravention of this Act. This section does not apply if section 528C applies. The tribunal may, by order, prohibit the person who is doing, or is about to do, the thing (the prohibited person) from starting or continuing the thing. The tribunal may make an order under this section on the chief executive's application made without notice to the prohibited person but, in that case, the tribunal must allow the prohibited person a reasonable opportunity to show cause why the order should not be confirmed. If the tribunal, after considering the prohibited person's evidence and submissions, if any, and any further evidence or submissions of the chief executive, is not satisfied the order should continue in force, the tribunal must rescind the order. A person must not contravene an order under this section. Maximum penalty—540 penalty units. An order under this section has effect on the giving of a copy of the order to the prohibited person.'. ADNHR WN oo iS) SCO WAND MN PWN KF CO NNN WNre NNNN ANN NY WN \o ow Ww ro Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 51 Amendment of Property Agents and Motor Dealers Act 2000 [s 707] Clause 707 Amendment of s 532 (Summary orders) (1) Section 532, heading, 'Summary'— omit, insert— 'Reimbursement'. (2) Section 532(1), (2) and (3), 'summary'— omit, insert— 'reimbursement'. (3) Section 532(2)(c), from 'a review notice'— omit, insert— 'an information notice under section 482 was given to the respondent; and'. (4) Section 532(2)(d)— omit, insert— '(d)_ the respondent did not apply to the tribunal to have the chief executive's decision reviewed under section 483; and'. Clause 708 Insertion of new s 533 and ch 14, pt 5, div 11 Chapter 14, part 5— insert— '533 When tribunal order takes effect 'd)_ A tribunal decision or order in a proceeding involving the claim fund takes effect— (a) if all parties to the proceeding are present when the decision or order is made—when the decision or order is made; or (b) otherwise—when the decision or order is published. "(2) A decision or order involving the claim fund must be published under the QCAT Act, section 125. Page 379 COomMmrN DN BR WN DANK WN FO 22 2428 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 51 Amendment of Property Agents and Motor Dealers Act 2000 [s 709] 'Division 11 Chief executive's right of appeal '534 Appeal '(1)_ The chief executive may appeal to the appeal tribunal against any decision of the tribunal, but only on the ground of error of law. "(2) In this section— appeal tribunal means the tribunal as constituted under the QCAT Act, section 166 for the purposes of an appeal'. Clause 709 Amendment of s 587 (Evidentiary provisions) Section 587(3), ', the presiding case manager' — omit. Clause 710 Amendment of sch 2 (Dictionary) d) (2) Page 380 Schedule 2, definitions information notice, presiding case manager, registrar and tribunal— omit. Schedule 2— insert— 'information notice means a notice complying with the QCAT Act, section 157(2). registrar, other than in chapter 19, means the principal registrar under the QCAT Act. tribunal means QCAT.'. OND NW WY Om NI DN FW WY 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 52 Amendment of Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 [s 711] Part 52 Amendment of Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Clause 711 Regulation amended This part amends the Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001. Clause 712 Amendment of schedule (Auctioneering Practice Code of Conduct) Schedule, section 42(8)(c)(ii), 'a small claims tribunal' — omit, insert— "QCAT'. Part 53 Amendment of Property Agents and Motor Dealers (Commercial Agency Practice Code of Conduct) Regulation 2001 Clause 713 Regulation amended This part amends the Property Agents and Motor Dealers (Commercial Agency Practice Code of Conduct) Regulation 2001. Page 381 nn BR wWN on \o 0 11 Nn BW ~ Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 54 Amendment of Property Agents and Motor Dealers (Motor Dealing Practice Code of Conduct) Regulation 2001 [s 714] 714 Amendment of schedule (Commercial Agency Practice Code of Conduct) Schedule, section 37(8)(c)(ii), 'a small claims tribunal'— omit, insert— 'QCAT'. Part 54 Amendment of Property Agents and Motor Dealers (Motor Dealing Practice Code of Conduct) Regulation 2001 715 Regulation amended This part amends the Property Agents and Motor Dealers (Motor Dealing Practice Code of Conduct) Regulation 2001. 716 Amendment of schedule (Motor Dealing Practice Code of Conduct) Schedule, section 34(8)(c)(ii), 'a small claims tribunal' — omit, insert— "QCAT'. Page 382 nA fb wWNe oMmnrnNna NOR ND MN PW Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 55 Amendment of Property Agents and Motor Dealers (Property Developer Practice Code of Conduct) Regulation 2001 [s 717] Part 55 Amendment of Property Agents and Motor Dealers (Property Developer Practice Code of Conduct) Regulation 2001 717 Regulation amended This part amends the Property Agents and Motor Dealers (Property Developer Practice Code of Conduct) Regulation 2001. 718 Amendment of schedule (Property Developer Practice Code of Conduct) Schedule, section 21(8)(d)(ii), 'a small claims tribunal'— omit, insert— "QCAT'. Part 56 Amendment of Property Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2001 719 Regulation amended This part amends the Property Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2001. Page 383 BRWN Fe OAD N 11 13 NAW Ss 21 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 57 Amendment of Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 [s 720] 720 Amendment of schedule (Real Estate Agency Practice Code of Conduct) Schedule, section 43(8)(c)(ii), 'a small claims tribunal'— omit, insert— 'QCAT'. Part 57 Amendment of Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 721 Regulation amended This part amends the Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001. 722 Amendment of schedule (Restricted Letting Agency Practice Code of Conduct) Schedule, section 38(8)(c)(ii), 'a small claims tribunal'— omit, insert— "QCAT'. Part 58 Amendment of Racing Act 2002 723. Act amended This part amends the Racing Act 2002. Page 384 oMmnrnNna na kW Ne WNr © on HW Wns 21 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 58 Amendment of Racing Act 2002 [s 724] 724 Replacement of ch 5 (Racing Appeals Tribunal) Chapter 5— omit, insert— 'Chapter 5 Review of decisions by tribunal '150 Decisions that may be reviewed by the tribunal '(1) Subject to subsection (3), a person aggrieved by any of the following decisions may apply, as provided under the QCAT Act, to the tribunal for a review of the decision— (a) acontrol body's decision to— (i) refuse to grant or renew a licence; or (ii) take disciplinary action relating to a licence; or (iii) take an exclusion action against a person; or (iv) impose a monetary penalty on a person; (b) adecision of an appeal committee made in relation to an appeal against a monetary penalty imposed by, or other decision of, a steward; (c) the imposition of a monetary penalty by, or other decision of, a steward of a control body if there is no right of appeal to an appeal committee against the decision; (d) another decision of a control body prescribed under a regulation. '(2) A steward of a control body may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of an appeal committee made on an appeal against the steward's decision. '(3) An application for a review under subsection (1) or (2) must be made within 14 days of the applicant receiving notice of the decision to be reviewed. Page 385 an & WN omni an NY COM ADM FP WN KF CO N — NN WN NNNW NANA wWNN Cow ow Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 58 Amendment of Racing Act 2002 [s 724] '151 Decisions that may not be reviewed by the tribunal 'Despite section 150(1), a person aggrieved by any of the following decisions may not apply to the tribunal for a review of the decision— (a) (b) (c) (d) (e) (f) a decision relating to the eligibility of an animal to race or the conditions under which an animal can race; Example for paragraph (a)— A steward's decision requiring an animal to pass a stated examination or test before being allowed to race. a decision cancelling or suspending the licence for an animal, unless the cancellation or suspension relating to that licence relates to— (i) a decision to take disciplinary action relating to the licence of a licence holder; or (ii) a decision to take an exclusion action, under the control body's rules of racing, against a person; a decision about a protest or objection against placed animals relating to an incident that happened during a race or trial; a decision imposing a penalty of not more than $250; a decision relating to a dispute between a racing bookmaker licensed by a control body and a person who placed a bet with the bookmaker for a race at a race meeting held under the control of the control body; a decision to stop, restart, rerun, postpone or abandon a race. '152 What happens if appeal committee refuses to hear or fails to decide an appeal "(1) Subject to an order under subsection (3), an appeal committee is taken to have decided to dismiss an appeal if— Page 386 wom rn AN BWN CAN DANN FW NYKO NX So NNNNW BRWNF NN nn 28 30 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation 2) 'B) Part 58 Amendment of Racing Act 2002 [s 724] (a) the appeal committee refuses to hear the appeal from a decision of a steward of the control body that established the committee; or (b) within 6 weeks after lodging the appeal mentioned in paragraph (a), the appeal has not been decided by the appeal committee. Subsection (3) applies if an appeal committee is taken under subsection (1) to have decided to dismiss an appeal (the dismissal decision) and the appeal committee lodges a written application with the QCAT registrar for an order that the time for consideration of the appeal by the appeal committee be extended. The tribunal may make the order. Tribunal to hear appeal within 28 days ") 2) The tribunal must start the hearing of a review under this chapter within 28 days after the application for review is made under section 150. However, the tribunal may, by order, extend the period mentioned in subsection (1) if it considers the special circumstances of the review require it to do so. Constitution of tribunal ") 2) 'B) (4) This section applies to a proceeding of the tribunal relating to a review under this Act. The president must not choose a person to be a tribunal member if the person is a relevant person. Also, a person must not continue to be a tribunal member if the person is a relevant person. In this section— president means the president under the QCAT Act. relevant person means— Page 387 OMANI DANK WNeK Ww NFO COM NDMN fF 23 25 27 29 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 58 Amendment of Racing Act 2002 [s 725] (a) (b) (c) (d) (e) an executive officer, or an official or other member of staff, of a control body; or a licence holder of a control body or an executive officer of a licence holder; or a committee member; or a member of a committee, or an employee, of an association formed to promote the interests of 1 or more participants in a code of racing; or an individual who has any of the following convictions other than a spent conviction— (i) aconviction under this Act; (ii) aconviction under the repealed Act; (iii) a conviction under a law of another State, that is prescribed under a regulation as a law about racing or betting; (iv) a conviction for an offence that involved dishonesty, fraud, stealing or unlawful betting. tribunal member means a member of QCAT under the QCAT Act.'. 725 Replacement of ch 6, pt 3, div 6 (Appeals relating to eligibility certificates) Chapter 6, part 3, division 6— omit, insert— 'Division 6 Review of decisions relating to eligibility certificates '242 Review by QCAT of decisions relating to eligibility certificates '(1)_ This section applies if the gaming executive makes a decision (a gaming executive's decision)— Page 388 COC OND MN PW NKR Com IAD NWNHPW NF CO 22 25 27 29 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation 2) Part 58 Amendment of Racing Act 2002 [s 726] (a) refusing an application for an eligibility certificate; or (b) cancelling an eligibility certificate; or (c) censuring a certificate holder. The applicant or certificate holder may apply, as provided under the QCAT Act, to the tribunal for a review of the gaming executive's decision.'. Amendment of s 351 (Matters must be considered appropriate on grounds that are reasonable in the circumstances) d) (2) Section 351(1)(b)— omit. Section 351(1)(c) to (e)— renumber as section 351(1)(b) to (d). Amendment of s 355 (Regulation-making power) Section 355(2)(d), '129, 168, 178, 207 and 243'— omit, insert— "129 and 207'. Amendment of sch 3 (Dictionary) d) (2) Schedule 3, definitions deputy tribunal chairperson, director, gaming commission, presiding case manager, Racing Appeals Tribunal, registrar, tribunal, tribunal chairperson and tribunal member. omit. Schedule 3— insert— 'QCAT registrar means the principal registrar under the QCAT Act. Page 389 'oon DNnB WN WwW NF O&O NY DWN sf 212427 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 59 Amendment of Racing Regulation 2003 [s 729] tribunal means QCAT.'. (3) Schedule 3, definition information notice, 'Racing Appeals Tribunal' — omit, insert— 'tribunal'. (4) Schedule 3, definition information notice, paragraph (e)— omit, insert— '(e) if, under this Act, a person may apply for a review of the decision—how the person applies for the review and the time within which the application must be made.'. Part 59 Amendment of Racing Regulation 2003 729 Regulation amended This part amends the Racing Regulation 2003. 730 Omission of pt 4 (Matters about the Racing Appeals Tribunal) Part 4— omit. 731 Amendment of sch 3 (Fees) Schedule 3, item 7— omit. Page 390 Fon NY DUN fF WN So onan 21 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 60 Amendment of Residential Services (Accreditation) Act 2002 [s 732] Part 60 Amendment of Residential Services (Accreditation) Act 732 ##Act amended This part amends the Residential Services (Accreditation) Act 2002. 733 Amendment of s 84 (Appointment) Section 84, 'The Commercial and Consumer Tribunal'— omit, insert— "QCAT'. 734 Amendment of s 85 (Application to tribunal and basis for appointment) (1) Section 85(1), 'the Commercial and Consumer Tribunal' — omit, insert— "QCAT'. (2) Section 85(2) and (4), 'the tribunal'— omit, insert— "QCAT'. (3) Section 85(3), 'The tribunal'— omit, insert— "QCAT'. 735 Amendment of s 86 (Suitability and eligibility of proposed appointee) (1) Section 86(1), 'the Commercial and Consumer Tribunal' — Page 391 An f oOo mMmrN DN BW NK NY WwW re Oo 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 60 Amendment of Residential Services (Accreditation) Act 2002 [s 736] (2) omit, insert— "QCAT"'. Section 86(3) and (4), 'the tribunal'— omit, insert— "QCAT"'. Clause 736 Amendment of s 87 (Terms of appointment) d) (2) Section 87(1), 'the Commercial and Consumer Tribunal'— omit, insert— "QCAT'. Section 87(2)(f), 'the tribunal'— omit, insert— "QCAT'. Clause 737 Amendment of s 88 (Notice to service provider about appointment) Section 88, 'the Commercial and Consumer Tribunal' — omit, insert— "QCAT'. Clause 738 Amendment of s 90 (Period of appointment) d) (2) Page 392 Section 90(2), 'the Commercial and Consumer Tribunal'— omit, insert— "QCAT'. Section 90(3), 'The tribunal'— omit, insert— "QCAT'. onmona nA WN N NHN MN FW \o ow 2123 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 60 Amendment of Residential Services (Accreditation) Act 2002 [s 739] Clause 739 Amendment of s 101 (Service provider who can not be located) Section 101(1)(b), 'Commercial and Consumer Tribunal Act 2003' — omit, insert— "QCAT Act'. Clause 740 Amendment of s 129 (Forfeiture of seized things) (1) Section 129(5)(a)— omit, insert— '(a) areview by QCAT of a decision in relation to the thing under this division; or'. (2) Section 129(5)(b), 'another' — omit, insert— San? an. Clause 741 Amendment of pt 10, hdg (Reviews and appeals) Part 10, heading, 'and appeals' — omit. Clause 742 Amendment of s 154 (Reviewable decisions) (1) Section 154, heading, after 'decisions'— insert— 'for this Act'. (2) Section 154(a), after 'reviewable decisions' — insert— 'for this Act'. Page 393 aon Nn nN BW NR RW NY FO nn 2123 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 60 Amendment of Residential Services (Accreditation) Act 2002 [s 743] 743 Amendment of s 155 (Chief executive must give notice after making reviewable decision) Section 155(1)(b) to (d)— omit, insert— '(b) that, within 28 days after receiving the notice, the interested person may apply to the chief executive for internal review of the decision; and (c) how the interested person may apply for internal review; and (d) _ that, if the interested person applies for internal review of the decision and the matter is not resolved on the internal review, the interested person may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. 744 Replacement of pt 10, div 2, hdg (Review of decision) Part 10, division 2, heading— omit, insert— 'Division 2 Internal review of decisions'. 745 Amendment of s 156 (Application for review) Section 156, heading, 'review' — omit, insert— 'internal review' . 746 Amendment of s 157 (Stay of operation of original decision) (1) Section 157(4), 'the Commercial and Consumer Tribunal'— omit, insert— "QCAT'. Page 394 COM ANDN HW NR RWNrF CO aoarnannan 2124 26 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 60 Amendment of Residential Services (Accreditation) Act 2002 [s 747] (2) Section 157(5)— omit, insert— "(5) QCAT may stay the decision to secure the effectiveness of the review and any later review by QCAT.'. (3) Section 157(6), 'the tribunal'— omit, insert— "QCAT"'. (4) Section 157(7)— omit, insert— '(7) The period of the stay must not extend past the time when the chief executive makes the review decision and any later period within which the applicant may apply to QCAT for a review of the review decision.'. 747 Amendment of s 158 (Review decision) (1) Section 158(1), after 'a decision' — insert— "by the chief executive'. (2) Section 158(4)— omit, insert— '(4) Immediately after deciding the application, the chief executive must give the interested person a QCAT information notice for the review decision.'. 748 Replacement of pt 10, div 3 (Appeal against decision) Part 10, division 3— omit, insert— Page 395 Co mrnNnt nn BW NY WNrRO orn nN nN sf 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 60 Amendment of Residential Services (Accreditation) Act 2002 [s 749] 'Division 3 External review of decisions '159 External review of review decision 'An interested person for a review decision may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. Clause 749 Amendment of s 177 (Matters arising under other Acts) Section 177(3), definition prescribed Act— insert— "(e) the Queensland Civil and Administrative Tribunal Act 2009.'. Clause 750 Amendment of sch 1, hdg (Reviewable decisions) Schedule 1, heading, after 'decisions' — insert— 'for this Act'. Clause 751 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition Commercial and Consumer Tribunal— omit. (2) Schedule 2— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Page 396 nAkRwW NY onmonna RW Ne Po Oo WON NHN Nw Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 61 Amendment of Retirement Villages Act 1999 [s 752] Part 61 Amendment of Retirement Clause 752 Clause 753 Clause 754 Clause 755 Villages Act 1999 Act amended This part amends the Retirement Villages Act 1999. Amendment of s 28 (Registration of retirement village scheme) Section 28(5) and (6)— omit, insert— '(5) If the chief executive refuses to register the scheme, the chief executive must promptly give the applicant a QCAT information notice for the decision. '(6) If the chief executive fails to decide the application in the time required under subsection (2), the chief executive is taken to have refused the application. Note— See section 29 about applying to the tribunal to review a refusal decision made, or taken to have been made, by the chief executive under this section.'. Amendment of s 28A (Deregistration of retirement village scheme) Section 28A(3)— omit, insert— '(3) The chief executive must also give the scheme operator a QCAT information notice for the decision.'. Replacement of ss 29-33 Sections 29 to 33— omit, insert— Page 397 o ON AN AAD NN PWN FO 21 24 26 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 61 Amendment of Retirement Villages Act 1999 [s 756] '29 Application to QCAT for review "1) A person whose application to register a retirement village scheme has been refused, or is taken to have been refused, may apply, as provided under the QCAT Act, to the tribunal for a review of the decision. "(2) However, if the chief executive is taken to have refused the application under section 28, the period within which the person may apply to the tribunal for a review of the decision is 88 days after the application to register the scheme was made. '(3) The scheme operator may apply, as provided under the QCAT Act, to the tribunal for a review of the chief executive's decision to deregister a retirement village scheme.' . Omission of pt 10, div 1 (Preliminary) Part 10, division 1— omit. Omission of ss 197 and 199 Sections 197 and 199— omit. Amendment of s 221 (Evidentiary provisions) Section 221(2), ', the registrar, the presiding case manager' — omit. Omission of s 226 (Annual report on operation of Act) Section 226— omit. Page 398 COMAND ABRWN 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 62 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 760] Clause 760 Amendment of schedule (Dictionary) (1) Schedule, definitions chairperson, presiding case manager, registrar and tribunal— omit. (2) Schedule— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2). registrar means the principal registrar under the QCAT Act. tribunal means QCAT.'. Part 62 Amendment of Second-hand Dealers and Pawnbrokers Act Clause 761 Act amended This part amends the Second-hand Dealers and Pawnbrokers Act 2003. Clause 762 Amendment of s 12 (Decision on application for a licence) Section 12(4), 'an information notice'— omit, insert— 'a QCAT information notice for the decision'. Page 399 COC PONI DN FP WN KF An \o ON 21 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 62 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 763] 763 Amendment of s 15 (Decision on application for renewal or restoration of a licence) Section 15(4), 'an information notice'— omit, insert— 'a QCAT information notice for the decision'. 764 Amendment of s 16 (Licence continues pending decision about renewal) Section 16(1)(b), 'an information notice'— omit, insert— 'a QCAT information notice for the decision'. 765 Amendment of s 17 (Licence continues pending decision about restoration) Section 17(1)(b), 'an information notice about'— omit, insert— 'a QCAT information notice for'. 766 Amendment of s 20 (Procedure for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence) Section 20(3), 'an information notice'— omit, insert— 'a QCAT information notice for the decision'. 767 Amendment of s 25 (Change of authorised place) Section 25(5), 'an information notice'— omit, insert— 'a QCAT information notice for the decision'. Page 400 nA fb wWNe oO ND nA WwW Ne Oo OND 21 2325 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 62 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 768] 768 Amendment of s 31 (Replacement of lost, stolen, destroyed or damaged licence) Section 31(5), 'an information notice'— omit, insert— 'a QCAT information notice for the decision'. 769 Amendment of pt 6, hdg (General offences, legal proceedings and appeals) Part 6, heading, 'appeals'— omit, insert— 'review of decisions' . 770 Replacement of pt 6, div 3 (Appeals) Part 6, division 3— omit, insert— 'Division 3 Review of decisions '107 Application for review of decisions by QCAT ") A person affected by a reviewable decision may apply, as provided under the QCAT Act, to QCAT for a review of the decision. "(2) In subsection (1)— reviewable decision means any of the following decisions of the chief executive— (a) adecision to grant a licence with a condition or to refuse to grant a licence; (b) a decision to renew or restore a licence with a condition or to refuse to grant the renewal or restoration of the licence; Page 401 nA fb wWNe oO ND WN CAIN N \o 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 63 Amendment of Security Providers Act 1993 [s 771] (c) a decision to suspend or cancel a licence or impose a condition on a licence; (d) a decision to refuse to approve a place as an authorised place for the licensee's licence, other than a condition imposed as mentioned in paragraph (a) or (b); (e) a decision to refuse to replace a licence that is lost, stolen, destroyed or damaged in a way that requires its replacement.'. Clause 771 Amendment of sch 3 (Dictionary) (1) Schedule 3, definition information notice— omit. (2) Schedule 3— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Part 63 Amendment of Security Providers Act 1993 Clause 772 Actamended This part amends the Security Providers Act 1993. Clause 773 Amendment of s 14 (Decision on application) (1) Section 14(3)(b), from 'written' — omit, insert— 'QCAT information notice for the decision to impose the condition.'. Page 402 CAD NABW NR 1113 15 17 19 21 24 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation (2) (3) Part 63 Amendment of Security Providers Act 1993 [s 774] Section 14(4), from 'written' — omit, insert— 'QCAT information notice for the decision.' . Section 14(5), from 'written' — omit, insert— 'QCAT information notice for the decision to defer making a decision to grant or to refuse to grant the licence.'. Amendment of s 17 (Amendment of licence on application) Section 17(4), from 'written' — omit, insert— 'QCAT information notice for the decision.' . Amendment of s 18 (Amendment of licence by chief executive) Section 18(4), from 'written' — omit, insert— 'QCAT information notice for the decision.' . Amendment of s 22 (Procedure for suspension, cancellation or refusal to renew) Section 22(4), from 'state'— omit, insert— "be a QCAT information notice for the decision.'. Page 403 NAD WN BW NN \o oo N YD MN SW \o 21 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 63 Amendment of Security Providers Act 1993 [s 777] 777 Amendment of s 25 (Replacement licences) Section 25(4), from 'written' — omit, insert— 'QCAT information notice for the decision.' . 778 Amendment of pt 2, div 6, hdg (Appeals against licence decisions) Part 2, division 6, heading, 'Appeals against' — omit, insert— 'Review of'. 779 Amendment of s 26 (Right to appeal to the Court) (1) Section 26, heading— omit, insert— '26 Review by QCAT of particular decisions of chief executive'. (2) Section 26(1) and (2), 'appeal against'— omit, insert— 'apply to QCAT for a review of'. (3) Section 26(3)— omit, insert— '(3) The application must be made as provided under the QCAT Act.'. 780 Omission of ss 27-31 Sections 27 to 31— omit. Page 404 BR WN oo mn aN Po Oo WAN ND N BW NY KF CO Nw RO NN WN Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 64 Amendment of Stock Act 1915 [s 781] 781 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition Court— omit. (2) Schedule 2— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Part 64 Amendment of Stock Act 1915 782 Act amended This part amends the Stock Act 1915. 783 'Insertion of new ss 35B and 35C After section 35A— insert— *35B External review by QCAT 'A person who is dissatisfied with an original decision under this Act, other than an original decision to seize a thing, may apply, as provided under the QCAT Act, to QCAT for an external review of the decision. *35C Application of QCAT Act notice requirement 'An information notice must be given for a decision only if this Act so requires.'. Page 405 NAD WN BW NN AANANDMN FW N Fe 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 64 Amendment of Stock Act 1915 [s 784] Clause 784 Amendment of s 36 (Appeals to Magistrates Courts) Section 36(2)— omit, insert— '(2) A person who is dissatisfied with an original decision to seize a thing under this Act may appeal to a Magistrates Court against the decision.'. Dunk WN Clause 785 Amendment of s 36A (Who may appeal to the District Court) (1) Section 36A(1)— omit, insert— \o worn 'A person who has appealed to a Magistrates Court against an original decision to seize a thing under this Act may appeal to the District Court against the decision made by the Magistrates Court.'. (2) Section 36A(2)— omit. nN BWNr CO Clause 786 Amendment of sch 2 (Dictionary) 7 Schedule 2— 8 insert— 9 'information notice means a notice complying with the 20 QCAT Act, section 157(2).'. 21 Page 406 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 65 Amendment of Stock (Cattle Tick) Notice 2005 [s 787] Part 65 Amendment of Stock (Cattle Tick) Notice 2005 787 Notice amended This part amends the Stock (Cattle Tick) Notice 2005. 788 Amendment of sch 2 (Dictionary) Schedule 2, definition information notice— omit. Part 66 Amendment of Stock Identification Regulation 2005 789 Regulation amended This part amends the Stock Identification Regulation 2005. 790 Amendment of schedule (Dictionary) Schedule, definition information notice— omit. Part 67 Amendment of Stock Regulation 1988 791 Regulation amended This part amends the Stock Regulation 1988. Page 407 11 1316 18 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 68 Amendment of Timber Utilisation and Marketing Act 1987 [s 792] 792 Amendment of sch 8 (Dictionary) Schedule 8, definition information notice— omit. Part 68 Amendment of Timber Utilisation and Marketing Act 793 Act amended This part amends the Timber Utilisation and Marketing Act 1987. 794 Amendment of s 37 (Appeal) (1) Section 37, heading— omit, insert— '37 Internal review'. (2) Section 37(1), from 'time and manner prescribed'— omit, insert— "way prescribed under a regulation, apply to the Minister for an internal review of the decision.'. (3) Section 37(2)(a)— omit, insert— '(a) refuse the application; or'. (4) Section 37(2)(b), 'allow the appeal' — omit, insert— "grant the application'. Page 408 \o Co WANID NN FwWN KF CO NY NR WY WY Ww nN Fe © Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 69 Amendment of Timber Utilisation and Marketing Regulation 1998 [s 795] (5) Section 37(3), from 'appeal' to 'shall' — omit, insert— 'application is final and is binding on the chief executive and the applicant and must'. Part 69 Amendment of Timber Clause 795 Clause 796 '9 Utilisation and Marketing Regulation 1998 Regulation amended This part amends the Timber Utilisation and Marketing Regulation 1998. Amendment of s 9 (Prescribed time and manner for appeals—Act, s 37) (1) Section 9, heading— omit, insert— Applications for internal review—Act, s 37'. (2) Section 9, 'an appeal'— omit, insert— 'an application for internal review'. (3) Section 9(b) and (c), 'the appeal'— omit, insert— 'the internal review'. Page 409 BW N oOo mMmrN DWN BW NR NY WwW re Oo Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 70 Amendment of Tourism Services Act 2003 [s 797] Part 70 Amendment of Tourism Services Act 2003 Clause 797 Act amended This part amends the Tourism Services Act 2003. Clause 798 Amendment of s 17 (Registration may be granted or renewed on conditions) Section 17(3), 'an information notice'— omit, insert— 'a QCAT information notice for the decision'. Clause 799 Amendment of s 18 (Changing conditions of registration) (1) Section 18(4) and (6), 'an information' — omit, insert— 'a QCAT information'. (2) Section 18(7), before 'information' — insert— "QCAT'. Clause 800 Amendment of s 21 (Decision on application) Section 21(4)(a), 'an information notice about' — omit, insert— 'a QCAT information notice for'. Page 410 oWmnn an aDHnun fk WN KF CO Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 70 Amendment of Tourism Services Act 2003 [s 801] Amendment of s 23 (Decision on application) Section 23(4)(a), 'an information notice about' — omit, insert— 'a QCAT information notice for'. Amendment of s 24 (Registration continues pending decision about renewal) Section 24(1)(b), 'an information notice about'— omit, insert— 'a QCAT information notice for'. Amendment of s 27 (Replacement of registration certificate) Section 27(5), 'an information' — omit, insert— 'a QCAT information'. Amendment of s 29 (Immediate suspension) (1) Section 29(3)(a), 'an information notice given to the registrant about' — omit, insert— 'a QCAT information notice given to the registrant for'. (2) Section 29(4), after 'given the'— insert— "QCAT'. Amendment of s 56 (Forfeiture of seized thing) (1) Section 56(3), 'an information' — omit, insert— Page 411 BR WN oo mn aN RW NY FO omrAnrnn 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 70 Amendment of Tourism Services Act 2003 [s 806] Clause 806 Clause 807 Clause 808 'a QCAT information'. (2) Section 56(4)(b) and (5)(b), before 'information' — insert— "QCAT'. Amendment of s 85 (Review by tribunal) Section 85, after 'apply'— insert— ", as provided under the QCAT Act,'. Amendment of pt 14, hdg (Transitional provision) Part 14, heading, after 'provision' — insert— 'for Act No. 61 of 2003'. Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions information notice and tribunal— omit. (2) Schedule 2— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2). tribunal means QCAT.'. Page 412 BR WN omrninanwn N OomA NY WN N ff WW Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 71 Amendment of Trade Measurement Act 1990 [s 809] Part 71 Amendment of Trade Measurement Act 1990 Act amended This part amends the Trade Measurement Act 1990. Amendment of s 3 (Definitions) Section 3— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Amendment of s 45 (Grounds for refusal) Section 45(3), from 'must'— omit, insert— 'must give the applicant a QCAT information notice about the decision to refuse to grant the licence.'. Amendment of s 48 (Conditions may be imposed on licences) Section 48(4), from 'notice'— omit, insert— 'a QCAT information notice about the decision to impose or vary the condition has been given to the licensee.'. Amendment of s 52B (If weighbridge no longer suitable for use as public weighbridge) Section 52B(5), from 'a written notice'— omit, insert— Page 413 omArninn RW NY KF OO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 71 Amendment of Trade Measurement Act 1990 [s 814] 'a QCAT information notice about the decision to cancel the licence.'. Clause 814 Amendment of s 54B (Application to change licence holders due to change of partnership) Section 54B(6), from 'notify', including footnote— omit, insert— "give the partnership a QCAT information notice about the decision to refuse the application.'. Clause 815 Amendment of s 54C (Effect on licence of application under s 54B) Section 54C(2)(b), from 'end', first mention— omit, insert— 'end of the period prescribed under the QCAT Act for applying to QCAT for review of the decision, and, if the partnership applies for review, the end of the review.'. Clause 816 Amendment of s 55 (Order preventing employment of certain persons) Section 55(3), from 'shall'— omit, insert— "must— (a) give a QCAT information notice about the order to the person to whom it relates (if the person's whereabouts are known to the authority); and (b) give a copy of the QCAT information notice to any licensee that the licensing authority knows is employing that person when the order is made.'. Page 414 NOR ANI HA MN PW ABW NY FF © Co OND 2225 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 71 Amendment of Trade Measurement Act 1990 [s 817] Clause 817 Amendment of s 58 (Taking of disciplinary action) Section 58(2)— omit, insert— '(2) The licensing authority takes any action mentioned in subsection (1) by giving a QCAT information notice about the action to the licensee but any action taken is stayed— (a) until the end of the period prescribed under the QCAT Act for applying to QCAT for a review of the decision to take the action; and (b) if an application for a review is made—until the end of the review, unless QCAT otherwise orders.'. Clause 818 Replacement of pt 6, div 4, hdg (Appeals) Part 6, division 4, heading— omit, insert— 'Division 4 Application for review'. Clause 819 Amendment of s 59 (Rights of appeal) (1) Section 59, heading— omit, insert— 69 Rights of review'. (2) Section 59(1), from 'appeal' to 'against' — omit, insert— 'apply to QCAT for review of'. (3) Section 59(2)— omit, insert— '(2) The application must be made as provided under the QCAT Act.'. Page 415 OMANI ANH WN an B&B WN omna 212326 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 72 Amendment of Trade Measurement Administration Act 1990 [s 820] Part 72 Amendment of Trade Measurement Administration Act 1990 820 Act amended This part amends the Trade Measurement Administration Act 1990. 821 Omission of pt 5 (Appeals) Part 5— omit. Part 73 Amendment of Travel Agents Act 1988 822 Act amended This part amends the Travel Agents Act 1988. 823 Amendment of s 6 (Definitions) Section 6— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. 824 Amendment of s 18 (Determination of application) Section 18(3)— omit, insert— Page 416 An f w OND Nn 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 73 Amendment of Travel Agents Act 1988 [s 825] '(3) If the commissioner refuses to approve an application for a licence, the commissioner must refund to the applicant any fee for the licence accompanying the application.'. Clause 825 Amendment of s 25 (Determination of disciplinary measures by the commissioner) Section 25(5)— omit, insert— "(5) If the commissioner suspends or cancels a licence under this section, the suspension or cancellation takes effect on and from the day stated in the QCAT information notice given to the licensee under section 26(2). '(SA) Subsection (5) applies subject to any decision by QCAT on an application made under section 26(4) for a review of the decision to suspend or cancel the licence.'. Clause 826 Replacement of pt 3, div 3 (Appeals) Part 3, division 3— omit, insert— 'Division 3 Review by QCAT of particular decisions '26 Review of commissioner's decisions '(1)_ This section applies if the commissioner decides— (a) to refuse to grant an application for a licence; or (b) to impose conditions or restrictions on a licence; or (c) to suspend or cancel a licence; or (d) to impose a disqualification mentioned in section 25(2). Page 417 Com NY WD WS WNre BRWN FO oMmrninn 21 2325 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 73 Amendment of Travel Agents Act 1988 [s 826] 2) 'B) (4) "O) The commissioner must give the applicant, licensee, former licensee or person disqualified (the affected person) a QCAT information notice for the decision. If the decision is to suspend or cancel a licence, the QCAT information notice must also state— (a) the day on which the suspension or cancellation takes effect; and (b) for a decision to suspend the licence—the period of the suspension. The affected person may apply, as provided under the QCAT Act, to QCAT for a review of the decision. The affected person must also give to the commissioner notice in writing of the application to QCAT. '26A QCAT's power on review of particular decisions by the commissioner ") 2) 'B) (4) Page 418 On the review of a decision mentioned in section 26(1)(b), (c) or (d), QCAT may do any or all of the following— (a) exercise 1 or more of the powers exercisable by the commissioner under section 25(1); (b) fine the applicant for the review an amount equalling not more than 10 penalty units. To the extent a power exercisable by QCAT under the QCAT Act is consistent with subsection (1), the power is not limited by the subsection. If QCAT exercises a power as mentioned in subsection (1)(a), the power is taken, other than for this division, to have been exercised by the commissioner. The amount of a fine imposed on a person under subsection (1)(b) may be recovered by the State as a debt. Com AD NH WNe WN Fo Com AD WF 232629 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 73 Amendment of Travel Agents Act 1988 [s 826] '27 Review of compensation scheme trustees' decisions about participation in the compensation scheme ") 2) 'B) (4) "O) (6) This section applies if the compensation scheme trustees decide— (a) to refuse an applicant, or a prospective applicant, for a licence participation in the compensation scheme; or (b) to terminate the participation of a licensee in the compensation scheme. The compensation scheme trustees must give the applicant, prospective applicant or licensee (the affected person) a QCAT information notice for the decision. For a decision mentioned in subsection (1)(b) (termination decision), the QCAT information notice must— (a) state the day on which, subject to any decision by QCAT on a review of the termination decision, the termination takes effect; and (b) inform the affected person that the person's participation in the compensation scheme is, subject to any decision by QCAT on a review of the termination decision, suspended from the day the notice is given to the person until the day the termination takes effect. The day stated in the QCAT information notice under subsection (3)(a) must be at least 28 days after the notice is given to the affected person. An affected person for a decision mentioned in subsection (1) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. The affected person must also give to the commissioner and the compensation scheme trustees notice in writing of the application to QCAT. Page 419 Com AD NHR WNe NY SCOmW ADM PW NFO NW NOR NNN On & W& NNW ona Wwh ro) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 73 Amendment of Travel Agents Act 1988 [s 827] '27A QCAT's power on review of particular compensation scheme trustees' decisions '(1)_ Without limiting the powers of QCAT under the QCAT Act, QCAT may, on the review of a decision mentioned in section 27(1)— (a) dismiss the application; or (b) for a decision mentioned in section 27(1)(a)—admit the applicant or prospective applicant to participation in the compensation scheme on the condition that the applicant or prospective applicant is or becomes licensed; or (c) for a decision mentioned in section 27(1)(b)—set aside the decision. "(2) A decision of QCAT under subsection (1)(b) or (c) is taken to be a decision made under the law governing the compensation scheme and has effect according to that law. '28 Conducting and deciding reviews concurrently '(1) This section applies if a person applies to QCAT for both— (a) areview of a decision mentioned in section 26(1); and (b) areview of a decision mentioned in section 27(1). "(2) QCAT may conduct and decide the reviews concurrently.'. Clause 827 Amendment of s 37 (Obligation of licensee to be a member of the compensation scheme) (1) Section 37(1), 'shall' — omit, insert— 'must'. (2) Section 37(2) and (3)— omit, insert— Page 420 OMANI HD NPW NR DANnNk WN KF CO on 21 23 2527 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation 2) 'B) (4) Part 74 Amendment of Veterinary Surgeons Act 1936 commencing on assent [s 828] A licensee remains a member of the compensation scheme unless the trustees— (a) decide to terminate the licensee's membership in the scheme; and (b) give the licensee a QCAT information notice for the decision as required under section 27. The termination takes effect, subject to any decision by QCAT on a review of the decision, on the day stated in the QCAT information notice. The person's participation in the compensation scheme is, subject to any decision by QCAT on a review of the decision, suspended from the date the QCAT information notice is given to the person until the day the termination takes effect.'. Clause 828 Amendment of s 41 (Claims) 'B) Part 74 Section 41(3) to (4)— omit, insert— The trustees must give the claimant a QCAT information notice for the trustees' decision on the claim.'. Amendment of Veterinary Surgeons Act 1936 commencing on assent Clause 829 Act amended This part amends the Veterinary Surgeons Act 1936. Page 421 COmMANI AUN FW NK WNrRO OND Nn 2023 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 75 Amendment of Veterinary Surgeons Act 1936 commencing by proclamation [s 830] 830 Amendment of s 15G (Registrar of tribunal) Section 15G, 'registrar of the board'— omit, insert— 'director of the registry under the Commercial and Consumer Tribunal Act 2003'. 831 Amendment of schedule (Dictionary) Schedule— insert— 'registrar of the tribunal see section 15G.'. Part 75 Amendment of Veterinary Surgeons Act 1936 commencing by proclamation 832 Act amended This part amends the Veterinary Surgeons Act 1936. 833 Amendment of s 15 (Funds of board) Section 15(2), ', the costs of the tribunal'— omit. 834 Replacement of pt 2A (The tribunal) Part 2A— omit, insert— Page 422 nA WN onmonna Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 75 Amendment of Veterinary Surgeons Act 1936 commencing by proclamation [s 834] 'Part 2A Tribunal proceedings '15A Jurisdiction 'The tribunal has jurisdiction— (a) to hear and decide any disciplinary proceedings involving allegations of misconduct in a professional respect referred by the board against any veterinary surgeon; and (b) to hear and decide any application made under section 22C; and (c) to hear and decide show cause proceedings brought under section 22D. '15B Constitution of tribunal '(1)_ For a proceeding under section 15A, the tribunal is to be constituted by— (a) 1 legally qualified member under the QCAT Act; and (b) 2 other members who are veterinary surgeons. '(2) The person mentioned in subsection (1)(a) is the presiding member for the proceedings. '15C Matters tribunal must consider in making particular decisions '(1) This section applies to the tribunal in making a decision about— (a) a disciplinary proceeding alleging misconduct in a professional respect against a veterinary surgeon; or (b) whether or not a veterinary surgeon's name should be removed from the register of veterinary surgeons because the veterinary surgeon is medically unfit to practise veterinary science. Page 423 Com ADDN WW OAI DUN FW WN 22 24 2628 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 75 Amendment of Veterinary Surgeons Act 1936 commencing by proclamation '(2) In making its decision, the tribunal— must have regard to previous decisions about the veterinary surgeon made by any of the following— (i) the tribunal if, in the opinion of the tribunal, the previous decision is relevant to the matter before it; (ii) the board; (iii) a committee; and may have regard to previous decisions about the veterinary surgeon made by a foreign disciplinary body. Subsection (2) does not limit the matters the tribunal may consider in making its decision. In this section— committee means a committee of medical practitioners appointed under section 22D(1). foreign disciplinary body means an entity, established under the law of another State or country, having functions similar to the functions of the board or tribunal under this Act. [s 834] (a) (b) "3) "(4 '15D Costs '(1)_ Ina proceeding before it, the tribunal may make any decision about costs it considers appropriate. 2) 'B) Page 424 However, the costs allowable are only— (a) (b) the costs allowable under the QCAT Act; and if the board conducted an investigation of a matter before referring the matter for hearing by the tribunal—the cost to the board of conducting the investigation. Without limiting subsection (1), in making a decision about an order for costs, the tribunal— Com AD NF WN NAAN PWN KO 212426 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 75 Amendment of Veterinary Surgeons Act 1936 commencing by proclamation (a) (b) [s 835] must take into consideration the cost of any investigation for the matter the subject of the proceeding; and must not take into consideration the amount of a penalty, if any, imposed on a veterinary surgeon in the proceeding.'. Clause 835 Amendment of s 18 (Registration of veterinary surgeons) Section 18— insert— '(4) If the board decides to refuse an application for registration, the board must, as soon as practicable after making the decision, give the applicant an information notice for the decision.'. Clause 836 Amendment of s 18A (Performance of certain acts by approved persons) Section 18A(5)(c), 'be guilty of — omit, insert— 'have engaged in'. Clause 837 Amendment of s 19E (Special registration) Section 19E(4)(a), 'been guilty of — omit, insert— 'engaged in'. Clause 838 Amendment of s 22 (Investigation by board) (1) Section 22(3), from 'cause'— omit, insert— Page 425 aon Dunk WnNre WNr Oo ony Nn Nt 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 75 Amendment of Veterinary Surgeons Act 1936 commencing by proclamation [s 839] 'refer the matter, as provided under the QCAT Act, to the tribunal to hear and decide the matter.'. (2) Section 22(4)— omit, insert— '(4) The referral to the tribunal must be accompanied by sufficient particulars to inform the tribunal and the veterinary surgeon of the matter alleged against the veterinary surgeon.'. Clause 839 Amendment of s 22A (Board may punish) (1) Section 22A, heading, 'punish'— omit, insert— 'take disciplinary action'. (2) Section 22A(1), from 'been' to 'surgeon—'— omit, insert— 'engaged in misconduct in a professional respect, it may, instead of referring the matter to the tribunal—'. Clause 840 Amendment of s 22B (Board to give notice of its intention to proceed pursuant to s 22A) (1) Section 22B(1)(a), from 'of which' to 'is guilty;'>— omit, insert— 'in which, in the opinion of the board, the veterinary surgeon has engaged; and'. (2) Section 22B(1)(b)(iii), "charge him or her with being guilty of' — omit, insert— 'refer the matter to the tribunal to hear and decide'. (3) Section 22B(4)— omit, insert— Page 426 \o @w ADM FP WwW NR nk WN KF © aorain 23 2527 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 75 Amendment of Veterinary Surgeons Act 1936 commencing by proclamation [s 841] '(4) If the veterinary surgeon requires the board to refer the matter to the tribunal, the board must not act under section 22A in relation to the veterinary surgeon.'. 841 Amendment of s 22E (Orders of tribunal on charge of misconduct in a professional respect) (1) Section 22E, heading, 'on charge of'— omit, insert— 'for'. (2) Section 22E(1), from 'Where' to 'Act'— omit, insert— 'If the tribunal decides a veterinary surgeon has engaged in misconduct in a professional respect,' . 842 Amendment of s 22F (Misconduct in a professional respect) Section 22F, from 'Without' to 'who—'— omit, insert— "Without limiting the ways a veterinary surgeon may engage in misconduct in a professional respect, a veterinary surgeon is engaging in misconduct in a professional respect if the veterinary surgeon—'. 843 Omission of s 22G (Initiation of proceedings) Section 22G— omit. 844 Replacement of s 22H (Appeals) Section 22H— omit, insert— Page 427 WNrR Co mnN WD WN NOR N NY co SCOmMINI HD NN PW NON WN 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 75 Amendment of Veterinary Surgeons Act 1936 commencing by proclamation [s 845] '22H_ Review of particular decisions 'Each of the following persons may apply, as provided under the QCAT Act, to the tribunal for a review of the decision stated for the person— (a) (b) (c) (d) a person whose application to be registered as a veterinary surgeon is refused by the board, on any ground other than that the person does not possess the academic qualifications required to be registered as a veterinary surgeon; a person whose application for approval to use premises as veterinary premises has been granted subject to a condition under section 25D, other than a condition mentioned in section 25G(2); a person whose application for approval to use premises as veterinary premises has been refused under section 25E; a person whose approval to use premises as veterinary premises has been amended, suspended or cancelled under section 25J(3).'. Clause 845 Amendment of s 24 (Restoration of name) Section 24(1), 'a judge of the District Court at Brisbane' — d) (2) omit, insert— 'the tribunal'. Section 24(2), 'a judge of the District Court or of' — omit. Clause 846 Amendment of s 25 (Definitions for pt 4A) (1) Section 25, heading, 'Definitions'— Page 428 omit, insert— 'Definition'. COMANIDN PWN CAN ANH WNK CO 21 2325 27 29 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 75 Amendment of Veterinary Surgeons Act 1936 commencing by proclamation [s 847] (2) Section 25, definition information notice— omit. Clause 847 Amendment of s 250 (Directing veterinary surgeon to practise veterinary science) Section 250, from 'be' to 'respect.' — omit, insert— "constitute misconduct in a professional respect.'. Clause 848 Omission of s 28 (Person not to be a member of both the board and the tribunal) Section 28— omit. Clause 849 Amendment of s 29B (Allowances and expenses) (1) Section 29B(1) and (3), 'and each member of the tribunal'— omit. (2) Section 29B(2)— omit, insert— '(2) A member who is a public service officer must not be paid a fee or allowance if the officer acts as a member during the officer's ordinary hours of duty as a public service officer.' . Clause 850 Amendment of s 32 (Evidence) Section 32(3), 'or the tribunal'— omit. Page 429 ND NW BW N \o CMAN DUN FP WN 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 75 Amendment of Veterinary Surgeons Act 1936 commencing by proclamation [s 851] Clause 851 Amendment of s 33A (Reports) (1) Sections 33A(1) and (1A)— omit. (2) Section 33A(3), 'or (2)'— omit. (3) Sections 33A(2) and (2A)— renumber as sections 33A(1) and (2). NY NAD UN fF WN Clause 852 Amendment of s 33D (Power of entry etc.) Section 33D(1), 'is guilty of' — \o ow omit, insert— 0 'has engaged or is engaging in'. 1 Clause 853 Amendment of s 37 (Regulation-making power) (1) Section 37(2)(d), 'and of the tribunal'— omit. (2) Section 37(2)(k), 'charges' — omit, insert— ' NYA UN fF wh allegations made'. Clause 854 Amendment of schedule (Dictionary) \o ow (1) Schedule, definitions tribunal and registrar of the tribunal— omit. 20 (2) Schedule— 21 insert— 22 'information notice means a notice complying with the 23 QCAT Act, section 157(2). 24 tribunal means QCAT.'. 25 Page 430 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 76 Amendment of Wagering Act 1998 [s 855] Part 76 Amendment of Wagering Act 855 Act amended This part amends the Wagering Act 1998. 856 Amendment of s 216E (Duration of exclusion direction) Section 216E(b)(i) and (iii), 'appeal under part 14, division 1'— omit, insert— 'a review of the decision by the tribunal'. 857 Amendment of s 255 (Forfeiture) Section 255(5)— omit, insert— '(5) The notice must comply with the QCAT Act, section 157(2).'. 858 Replacement of pt 14, hdg (Appeals and reviews) Part 14, heading— omit, insert— 'Part 14 Reviews by QCAT or Minister'. 859 Replacement of pt 14, div 1 (Appeals) Part 14, division 1— omit, insert— Page 431 omrAnnnN Ww NF Oo NY Aun Fs \o wo Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 76 Amendment of Wagering Act 1998 [s 859] 'Division 1 Applications for review of decisions by tribunal '291 When authority operators may apply for review 'An authority operator may apply, as provided under the QCAT Act, to the tribunal for a review of the following decisions of the chief executive— ° a decision under section 208 refusing to approve regulated wagering equipment ° a decision under section 208 refusing to approve a modification of regulated wagering equipment. '292 When licence operators may apply for review 'A licence operator may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive under section 159 directing the operator to terminate an agency agreement entered into by the operator. '293 When applicants for key person licences may apply for review 'An applicant for a key person licence may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive under section 104 refusing to grant the application. '294 When key person licensees may apply for review 'A key person licensee may apply, as provided under the QCAT Act, to the tribunal for a review of the following decisions of the chief executive— ° a decision under section 109 imposing a condition on the key person licence Page 432 0 ONY ANA WwW MBWN rPOoOwOeAm NOD Nw 2427 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 76 Amendment of Wagering Act 1998 [s 859] ° a decision under section 114 changing a condition of the key person licence ° a decision under section 116 refusing to grant an application to replace the key person licence ° a decision under section 126 immediately suspending the key person licence ° a decision under section 127 suspending or cancelling the key person licence ° a decision under section 129 censuring the key person licensee ° a decision under section 130 directing the key person licensee to rectify a matter. '295 When wagering agents may apply for review 'A wagering agent may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive under section 159 directing the licence operator by whom the agent was appointed to terminate the agency agreement. '296 When owner of things seized may apply for review 'The owner of a thing seized by an inspector may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of an inspector under section 255 resulting in the thing being forfeited. '297. When other persons may apply for review 'A person may apply, as provided under the QCAT Act, to the tribunal for a review of the following decisions— (a) a decision of a general operator, under section 216D, to give the person an exclusion direction; Page 433 CON DAN BW NR So NOR AADMNH W 2123 26 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 76 Amendment of Wagering Act 1998 [s 859] (b) a decision of a general operator, under section 216G, refusing to revoke an exclusion direction given to the person. '298 Tribunal to decide review on evidence before the chief executive '1) In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must— 2) 'B) (a) (b) hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and decide the review of the decision in accordance with the same law that applied to the making of the original decision. If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be— (a) (b) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and decided in accordance with the same law that applied to the making of the original decision. In this section— original decision means the decision of the chief executive to which the proceeding for the review relates. '299 Tribunal may give leave for review to be decided on new evidence in particular circumstances '(1) Despite section 298, the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied— Page 434 WNrR COM ND Ws CAN DANK WNK CO Nw ro N N NN BW 26 2830 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation 2) 'B) Part 76 Amendment of Wagering Act 1998 [s 859] (a) the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and (b) in the circumstances, it would be unfair not to allow the party to present the new evidence. If the tribunal gives leave under subsection (1), the tribunal must— (a) adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons; or (b) if the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the chief executive. In this section— new evidence means evidence that was not before the chief executive when the decision was made. '300 Appeals from tribunal only to Court of Appeal ona question of law ") 2) 'B) (4) This section applies to a decision of the tribunal (the #ibunal decision) in a proceeding for a review of a decision of mentioned in sections 291 to 297. The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision. A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law. To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision. Note— See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.'. Page 435 COMA ND NH WNK NAD WN PWN KO 2124 2629 32 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 76 Amendment of Wagering Act 1998 [s 860] Amendment of pt 14, div 2, hdg (Reviews) Part 14, division 2, heading, after 'Reviews' — omit, insert— 'by Minister'. Omission of s 331 (Dealing with show cause notice) Section 331— omit. Omission of s 333 (Appeals to Gaming Commission) Section 333— omit. Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions Gaming Commission and registrar— omit. (2) Schedule 2— insert— 'tribunal means QCAT.'. (3) Schedule 2, definition information notice— omit, insert— 'information notice means a written notice complying with the QCAT Act, section 157(2).'. Page 436 BR WN nn CO wmWON DN BR WN NX Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 77 Amendment of Wagering Regulation 1999 [s 864] Part 77 Amendment of Wagering Regulation 1999 864 Regulation amended This part amends the Wagering Regulation 1999. 865 Omission of s 15 (Registrar—Act, sch 2) Section 15— omit. 866 Amendment of sch 3 (Fees) Schedule 3, item 5— omit. Part 78 Amendment of Wine Industry Act 1994 867 Act amended This part amends the Wine Industry Act 1994. 868 Amendment of s 28 (Procedure for variation, suspension or cancellation) Section 28(4)— omit, insert— '(4) If the chief executive decides to vary, suspend or cancel a licence, the notice must comply with the QCAT Act, section 157(2).'. Page 437 POO mA N AN Nw Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 5 Department of Employment, Economic Development and Innovation Part 79 Amendment of Wine Industry Regulation 1995 [s 869] 869 Replacement of pt 2, div 11, hdg (Appeals) Part 2, division 11, heading— omit, insert— 'Division 11 Review of decisions of the chief executive'. 870 Amendment of s 33 (Appeals against decisions of chief executive) (1) Section 33, heading, 'Appeals against'— omit, insert— 'Review of'. (2) Section 33(1), 'appealed against' — omit, insert— 'reviewed'. Part 79 Amendment of Wine Industry Regulation 1995 871 Regulation amended This part amends the Wine Industry Regulation 1995. 872 Amendment of s 11 (Requirements of submission by petition) Section 11(2)— omit, insert— Page 438 nk WN oo WnNna 13 \o 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 1 Amendment of Land Protection (Pest and Stock Route Management) Act 2002 [s 873] '(2) A notice given by the chief executive, or the tribunal, to the sponsor of the petition is taken to be given to all signatories to the petition.'. Chapter 6 Department of Environment and Resource Management Part 1 Amendment of Land Protection (Pest and Stock Route Management) Act 2002 Clause 873 Act amended This part amends the Land Protection (Pest and Stock Route Management) Act 2002. Clause 874 Amendment of s 161 (Overgrazing on stock route network) Section 161(3)— omit, insert— "(3) The notice must— (a) state the reasonable number to which the stock are to be reduced and the reasonable period in which the reduction must be made; and (b) be accompanied by or include an information notice for the decision to give the notice.'. Page 439 WNrR Po OMNI HD UN FS WN Nw Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 1 Amendment of Land Protection (Pest and Stock Route Management) Act 2002 [s 875] 875 Replacement of ch 9 (Appeals) Chapter 9— omit, insert— 'Chapter9 Review of decisions by QCAT '296 Who may apply for review by QCAT 'An aggrieved person for a reviewable decision may apply, as provided under the QCAT Act, to QCAT for a review of the decision. Note— Aggrieved persons and reviewable decisions are in schedule 1.'. 876 Amendment of sch 1 (Appealable decisions and aggrieved persons) (1) Schedule 1, heading, 'Appealable'— omit, insert— 'Reviewable'. (2) Schedule 1, authorising section, 'appealable decision' — omit, insert— 'reviewable decision' . (3) Schedule 1, table, column 1, heading, 'Appealable decision' — omit, insert— "Reviewable decision'. Page 440 an & WN Oonmrn a Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 2 Amendment of Marine Parks Act 2004 [s 877] Clause 877 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions appealable decision and information notice— omit. (2) Schedule 3— insert— 'information notice means a notice complying with the QCAT Act, section 157(2). reviewable decision means a decision stated in schedule 1.'. (3) Schedule 3, definition aggrieved person, 'an appealable'— omit, insert— "a reviewable'. Part 2 Amendment of Marine Parks Act 2004 Clause 878 Act amended This part amends the Marine Parks Act 2004. Clause 879 Amendment of s 93 (Compliance notice) Section 93(3)— omit, insert— '(3) The compliance notice must state that the person may— (a) apply under part 8 for a review of the decision to give the notice; and (b) apply, as provided under the QCAT Act, to QCAT for a stay of the decision.'. Page 441 COC PONI DN FP WN KF 22 24 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 2 Amendment of Marine Parks Act 2004 [s 880] 880 Amendment of s 101 (Removal notice) Section 101(3)— insert— '(g) that the person may apply under part 8 for a review of the decision to give the notice; (h) that the person may apply, as provided under the QCAT Act, to QCAT for a stay of the decision.'. 881 Amendment of s 104 (Removal notice) Section 104(3)— insert— '(h) that the person may apply under part 8 for a review of the decision to give the notice; (i) _ that the person may apply, as provided under the QCAT Act, to QCAT for a stay of the decision.'. 882 Replacement of pt 8, hdg (Appeals and review) 'Part 8 Part 8, heading— omit, insert— Review of decisions'. 883 Amendment of s 117 (Appeal against particular decisions must be by way of internal review or ADR process) d) (2) Page 442 Section 117, heading, 'Appeal against'— omit, insert— 'Review of'. Section 117(1), 'appeal against' — omit, insert— 'apply for a review of'. \o @w NAD NB WN RW NF CO aomaranininanwn 212325 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 2 Amendment of Marine Parks Act 2004 [s 884] Clause 884 Amendment of s 119 (Review decision) (1) Section 119, heading, 'Review' — omit, insert— 'Internal review' . (2) Section 119(1)(b), '(the review decision)' — omit, insert— '(the internal review decision)'. (3) Section 119(2) and (3)— omit, insert— '(2) Within 14 days after making the internal review decision, the chief executive must give the applicant a notice complying with the QCAT Act, section 157(2) for the decision.'. (4) Section 119(5), 'appeal to a Magistrates Court' — omit, insert— 'application to QCAT for external review'. (5) Section 119(5), 'review decision' — omit, insert— 'internal review decision'. (6) Section 119(4) and (5)— renumber as section 119(3) and (4). Clause 885 Amendment of s 120 (Stay of operation of original decision) (1) Section 120(1) and (2)— omit, insert— '(1) If an application is made for an internal review of an original decision, the applicant may immediately apply, as provided under the QCAT Act, to QCAT for a stay of the original decision. Page 443 COomMmrN DN BR WN oOo mMmrNI DHNDN FW NK O NX So 22 24 2628 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 2 Amendment of Marine Parks Act 2004 [s 886] "(2) QCAT may stay the original decision to secure the effectiveness of the internal review and any later application to QCAT for external review.'. (2) Section 120(3), 'the court'— omit, insert— "QCAT"'. (3) Section 120(4)— omit, insert— '(4) The period of the stay must not extend past the time when the chief executive makes an internal review decision about the original decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision.' . 886 Replacement of pt 8, div 3 (Appeals to Magistrates Court) Part 8, division 3— omit, insert— 'Division 3 External reviews by QCAT '121. Who may apply for external review 'A person who is given, or is entitled to be given, a notice under section 119(2) about a decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.' . 887 Amendment of schedule (Dictionary) (1) Schedule, definition review decision— omit. (2) Schedule— insert— Page 444 oOo mrN DN FP WNK WNr oO NAW Fs 2124 26 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 3 Amendment of Marine Parks Regulation 2006 [s 888] 'external review, for a decision, means a review of the decision by QCAT under the QCAT Act. internal review decision see section 119(1)(b).'. Part 3 Amendment of Marine Parks Regulation 2006 888 Regulation amended This part amends the Marine Parks Regulation 2006. 889 Replacement of pt 8, hdg (Review and appeal provisions) Part 8, heading— omit, insert— 'Part 8 Internal and external reviews'. 890 Replacement of s 147 (Appeal process starts with internal review) Section 147— omit, insert— '147 Internal review process before external review 'Every review of a reviewable decision must be, in the first instance, by way of an application for internal review.' . 891 Amendment of s 148 (Applying for an internal review) (1) Section 148, 'an appealable decision' — omit, insert— "a reviewable decision'. Page 445 CIN Nn F&F WN 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 3 Amendment of Marine Parks Regulation 2006 [s 892] (2) (3) Section 148, 'the appealable decision' — omit, insert— 'the reviewable decision'. Section 148(2)(c), 'review decision' — omit, insert— 'internal review decision'. Clause 892 Amendment of s 149 (Review decision) d) (2) (3) (4) (5) 'B) (6) Page 446 Section 149, heading, 'Review' — omit, insert— 'Internal review' . Section 149, 'appealable decision' — omit, insert— 'reviewable decision'. Section 149, 'the review decision' — omit, insert— 'the internal review decision'. Section 149(2)(c), 'review decision' — omit, insert— 'internal review decision'. Section 149(3) and (4)— omit, insert— Within 14 days after making the internal review decision, the chief executive must give the applicant a notice complying with the QCAT Act, section 157(2) for the decision.'. Section 149(6), 'appeal to a Magistrates Court'— omit, insert— 'application to QCAT for external review'. Dn nn fF WN ~ omMmrNI DNDN fF WN YF CO NY WwW re Oo NNN BRWN NY we WN NnW Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 3 Amendment of Marine Parks Regulation 2006 [s 893] (7) Section 149(5) and (6)— renumber as section 149(4) and (5). Clause 893 Amendment of s 150 (Stay of operation of appealable decision) (1) Section 150, heading, 'appealable'-— omit, insert— 'reviewable'. (2) Section 150(1) and (2)— omit, insert— '(1) If an application is made for an internal review of a reviewable decision, the applicant may immediately apply, as provided under the QCAT Act, to QCAT for a stay of the reviewable decision. "(2) QCAT may stay the reviewable decision to secure the effectiveness of the internal review and any later application to QCAT for external review.'. (3) Section 150(3), 'the court' — omit, insert— "QCAT"'. (4) Section 150(4)— omit, insert— '(4) The period of the stay must not extend past the time when the chief executive makes an internal review decision about the reviewable decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the decision.'. (5) Section 150(5), 'the appealable decision' — omit, insert— 'the reviewable decision'. Page 447 N omnNn nD Nn Bw oO WAN ANH WNrK OS NY WwW re Oo NNNNNW DnbwWNd NY wv' WN o won Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 3 Amendment of Marine Parks Regulation 2006 [s 894] Clause 894 Replacement of pt 8, div 3 (Appeals) Part 8, division 3— omit, insert— 'Division 3 External reviews by QCAT "151. Who may apply for external review 'A person who is given, or is entitled to be given, a notice under section 149(3) about a decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision. '152 Extending time for application 'QCAT may extend the time for applying for external review if— (a) the internal review decision relates to a permission that forms part of a joint permission; and (b) a decision about the Commonwealth permission forming the other part of the joint permission is being reviewed under the Commonwealth Act, or has been reviewed and is the subject of an appeal under the Commonwealth Act; and (c) the outcome of the review or appeal under the Commonwealth Act is reasonably likely to affect the applicant's decision about whether or not to pursue, or the chief executive's decision about whether or not to defend, an application for external review under this division.'. Clause 895 Amendment of sch 6 (Dictionary) (1) Schedule 6, definitions appealable decision, review decision and review notice— omit. Page 448 BR WN Re COMANID WN COMANADN PW NK CO NNNNNW OaABRWNF Oo 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 3 Amendment of Marine Parks Regulation 2006 [s 895] (2) Schedule 6— insert— (3) (4) 'internal review decision see section 149(1)(b). reviewable decision means the following decisions of the chief executive— (a) a decision for which an information notice must be given; (b) a decision to refuse to give an approval under this regulation or a zoning plan; (c) a decision to impose a condition on an approval given under this regulation or a zoning plan; (d) a decision to refuse to grant an accreditation of a traditional use of marine resources agreement, or an educational or research institution, for the Moreton Bay Marine Park; (e) a decision to amend, suspend or cancel an accreditation of a traditional use of marine resources agreement, or an educational or research institution, for the Moreton Bay Marine Park.'. Schedule 6, definition information notice, 'review or appeal' — omit, insert— 'internal review'. Schedule 6, definition information notice, paragraph (f)— omit, insert— "f) that a person may apply, as provided under the QCAT Act, to QCAT for a stay of a decision the subject of an internal review.'. Page 449 Com AD WF WN CAND NASRWN KO Nw ro YN 'R NY N nn BF WN NNW ona Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 4 Amendment of Nature Conservation Act 1992 [s 896] Part 4 Amendment of Nature Conservation Act 1992 896 Act amended This part amends the Nature Conservation Act 1992. 897 Insertion of new pt 10, div 4 Part 10O— insert— 'Division 4 Stay of decisions by QCAT '1730A Limitation on stays granted by QCAT for particular decisions 'QCAT can not make an order staying the operation of a decision by the chief executive under this Act to suspend or cancel a licence, permit or other authority that authorises the holder of the authority to— (a) take or interfere with the cultural or natural resources of a protected area; or (b) _ take protected wildlife.'. Part 5 Amendment of Nature Conservation (Administration) Regulation 2006 898 Regulation amended This part amends the Nature Conservation (Administration) Regulation 2006. Page 450 aoarnannan YADA FWNK CO 1923 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 5 Amendment of Nature Conservation (Administration) Regulation 2006 [s 899] 899 Replacement of pt 4, hdg (Review and appeal provisions) Part 4, heading— omit, insert— 'Part 4 Internal and external reviews'. 900 Replacement of s 99 (Appeal process starts with internal review) Section 99— omit, insert— '99 Internal review process before external review 'Every review of a reviewable decision must be, in the first instance, by way of an application for internal review.' . 901 Amendment of s 100 (Applying for an internal review) (1) Section 100, 'an appellable decision' — omit, insert— 'a reviewable decision'. (2) Section 100(1)(a)(ii), 'appellable decision' — omit, insert— 'reviewable decision'. (3) Section 100, 'the appellable decision' — omit, insert— 'the reviewable decision'. 902 Amendment of s 101 (Review decision) (1) Section 101, heading— omit, insert— Page 451 BR WN omn an oMmrnNI DN FW hb NY WY rr Oo 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 5 Amendment of Nature Conservation (Administration) Regulation 2006 [s 903] '101 'Internal review'. (2) Section 101, 'the appellable decision' — omit, insert— 'the reviewable decision'. (3) Section 101(1)(b), '(the review decision)' — omit, insert— '(the internal review decision)'. (4) Section 101(2) and (3)— omit, insert— '(2) Within 14 days after making the internal review decision, the chief executive must give the applicant a notice complying with the QCAT Act, section 157(2) about the decision.'. (5) Section 101(5), 'appeal to a Magistrates Court' — omit, insert— 'application to QCAT for external review'. (6) Section 101(5), 'the review decision'— omit, insert— 'the internal review decision'. (7) Section 101(4) and (5)— renumber as section 101(3) and (4). Clause 903 Amendment of s 102 (Stay of operation of appellable decision) (1) Section 102, heading, 'appellable decision' — omit, insert— 'reviewable decision'. (2) Section 102(1) and (2)— omit, insert— Page 452 COomMmrN DN BR WN oOo mMmrNI DHNDN FW NK O NX So 22 2426 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 ") 2) (3) (4) (4) (5) (6) Chapter 6 Department of Environment and Resource Management Part 5 Amendment of Nature Conservation (Administration) Regulation 2006 [s 904] If an application is made for an internal review of a reviewable decision, the applicant may immediately apply, as provided under the QCAT Act, to QCAT for a stay of the reviewable decision. Note— However, see the Act, section 1730A (Limitation on stays granted by QCAT for particular decisions). QCAT may stay the reviewable decision to secure the effectiveness of the internal review and a later application to QCAT for external review.'. Section 102, 'the court'— omit, insert— "QCAT"'. Section 102(4)— omit, insert— The period of the stay must not extend past the time when the chief executive makes an internal review decision about the reviewable decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the decision.'. Section 102(5), 'appellable'-— omit, insert— 'reviewable'. Section 102(6)— omit. Clause 904 Replacement of pt 4, div 3 (Appeals) Part 4, division 3— omit, insert— Page 453 Com AND MN PWNR iS) SCOMIND NA fF wWN KF CO NY we NY NY WN nA WN & 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 5 Amendment of Nature Conservation (Administration) Regulation 2006 [s 905] 'Division 3 External reviews by QCAT "103. Who may apply for external review 'A person who is given, or is entitled to be given, a notice under section 101(2) about a decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.' . Clause 905 Amendment of sch 7 (Dictionary) (1) Schedule 7, definitions appellable decision, review decision and review notice— omit. (2) Schedule 7— insert— 'external review, for a decision, means a review of the decision by QCAT under the QCAT Act. internal review decision see section 101(1)(b). reviewable decision means the following decisions of the chief executive— (a) a decision for which an information notice must be DAnkwW WN \o given; (b) a decision to refuse to give an approval or authorisation under a management instrument; (c) a decision to impose a condition on an approval or authorisation given under a management instrument; (d) a decision to give a notice under the Wildlife Management Regulation, section 331(2).'. (3) Schedule 7, definition information notice, appeal' — omit, insert— Page 454 'review or Com AD WN FW NY KF CO Nw ro NN Wh Nw ns NW NO N oo Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 (4) Part 6 Clause 906 Clause 907 '97 Chapter 6 Department of Environment and Resource Management Part 6 Amendment of Queensland Heritage Act 1992 [s 906] "internal review'. Schedule 7, definition information notice, paragraph (f)— omit, insert— '(f) if applicable, that a person may apply, as provided under the QCAT Act, to QCAT for a stay of a decision the subject of an internal review.'. Amendment of Queensland Heritage Act 1992 Act amended This part amends the Queensland Heritage Act 1992. Replacement of s 97 (Notice about decision) Section 97— omit, insert— Notice about decision ") 2) 'B) As soon as practicable after deciding the application, the chief executive must give the applicant a notice about the decision. If the chief executive decides to pay compensation, the notice must— (a) state details of the amount and how the amount was assessed; and (b) if the amount is less than the amount claimed—be accompanied by a QCAT information notice. If the chief executive decides not to pay compensation, the notice must be accompanied by a QCAT information notice for the decision. Page 455 Dunk WN ANI AN FW NF NX ow NW NOR NNN On & W& Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 7 Amendment of Recreation Areas Management Act 2006 [s 908] '(4) In this section— QCAT information notice means an information notice complying with the QCAT Act, section 157(2).'. 908 Replacement of pt 9, div 2, sdiv 3 (Appeals) Part 9, division 2, subdivision 3— omit, insert— 'Subdivision 3 External reviews by QCAT '98 External review of compensation decisions 'An applicant for the payment of compensation under this division who is dissatisfied with the following decisions of the chief executive may apply, as provided under the QCAT Act, to QCAT for a review of the decision— (a) arefusal to pay compensation; (b) a decision about the amount of compensation.'. Part 7 Amendment of Recreation Areas Management Act 2006 909 Act amended This part amends the Recreation Areas Management Act 2006. 910 Replacement of s 206 (Appeal process starts with internal review) Section 206— omit, insert— Page 456 WN NAW Fs 1114 16 19 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 7 Amendment of Recreation Areas Management Act 2006 [s 911] '206 'Internal review process before external review 'Every review of a reviewable decision must be, in the first instance, by way of an application for internal review.' . Clause 911 Amendment of s 207 (Applying for an internal review) (1) Section 207(3) and (4), 'the appellable'-— omit, insert— 'the reviewable'. (2) Section 207(5)(b), 'an appellable'— omit, insert— "a reviewable'. Clause 912 Amendment of s 208 (Review decision) (1) Section 208, heading, 'Review' — omit, insert— 'Internal review' . (2) Section 208(1) and (4), 'the appellable'-— omit, insert— 'the reviewable'. (3) Section 208(1)(b), '(the review decision)' — omit, insert— '(the internal review decision)'. (4) Section 208(2) and (3)— omit, insert— '(2) Within 14 days after making the internal review decision, the chief executive must give the applicant a notice complying with the QCAT Act, section 157(2) for the decision.'. (5) Section 208(5)— Page 457 WN oOo mMmrN DN Ff COomN DN BR WN Nw WY NF Oo 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 7 Amendment of Recreation Areas Management Act 2006 [s 913] "O) (6) omit, insert— For an application to QCAT for external review— (a) if the internal review decision confirms the reviewable decision, the reviewable decision is taken to be the internal review decision; or (b) if the internal review decision amends the reviewable decision, the reviewable decision, as amended, is taken to be the internal review decision.'. Section 208(4) and (5)— renumber as section (3) and (4). Clause 913 Amendment of s 209 (Stay of operation of appellable decision) d) (2) ") 2) (3) (4) Page 458 Section 209, heading, 'appellable'-— omit, insert— 'reviewable'. Section 209(1) and (2)— omit, insert— If an application is made for an internal review of a reviewable decision, the applicant may immediately apply, as provided under the QCAT Act, to QCAT for a stay of the reviewable decision. QCAT may stay the reviewable decision to secure the effectiveness of the internal review and a later application to QCAT for external review.'. Section 209(3), 'the court'— omit, insert— "QCAT"'. Section 209(4)— omit, insert— C0 AND NWHW NY NX COM N DN FW NH N — NNN BRWN NY wvwwrvnynyny omrnNntnanwn Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 (4) (5) Chapter 6 Department of Environment and Resource Management Part 7 Amendment of Recreation Areas Management Act 2006 [s 914] The period of the stay must not extend past the time when the chief executive makes an internal review decision about the reviewable decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision.' . Section 209(5), 'the appellable'— omit, insert— 'the reviewable'. Replacement of pt 9, div 4 (Appeals) Part 9, division 4— omit, insert— 'Division 4 External reviews by QCAT '210 Who may apply for external review 'A person who is given, or is entitled to be given a notice under section 208(2) about a decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.' . Amendment of schedule (Dictionary) d) (2) Schedule, definitions appellable decision, review decision and review notice— omit. Schedule— insert— 'external review, for a decision, means a review of the decision by QCAT under the QCAT Act. internal review decision see section 208(1)(b). reviewable decision means a decision of the chief executive for which an information notice must be given.'. Page 459 CarANI HD NBWNH Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 8 Amendment of Surveyors Act 2003 [s 916] (3) Schedule, definition information notice, paragraph (c)— omit, insert— '(c) how the person receiving the notice may apply for a review of the decision; (d) that the person receiving the notice may apply, as provided under the QCAT Act, to QCAT for a stay of the decision.'. Part 8 Amendment of Surveyors Act Clause 916 Act amended This part amends the Surveyors Act 2003. Clause 917 Amendment of s 9 (Functions of board) (1) Section 9(i), 'surveyors disciplinary committees'— omit, insert— "QCAT'. (2) Section 9(j)— omit. (3) Section 9(k)— renumber as section 9(j). Clause 918 Amendment of s 53 (Failure to decide application) Section 53— insert— Page 460 ADM BPW YN 2 2. oO mMmrnNI DN FW WN 1 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 8 Amendment of Surveyors Act 2003 [s 919] '(3) The board need not give an applicant an information notice for a decision taken to have been made under this section.'. Clause 919 Amendment of s 58 (Failure to decide application) Section 58— insert— '(3) The board need not give an applicant an information notice for a decision taken to have been made under this section.'. Clause 920 Amendment of s 89 (Board's decision on investigation) (1) Section 89(2)(b)(ii), 'a disciplinary committee' — omit, insert— "QCAT'. (2) Section 89— insert— "(5) A referral under subsection (2)(b)(ii) must be made as provided under the QCAT Act.'. Clause 921 Omission of s 93 (Disciplinary action by disciplinary committee) Section 93— omit. Clause 922 Amendment of pt 6, hdg (Surveyors disciplinary committee) Part 6, heading— omit, insert— 'Part 6 Disciplinary proceedings by QCAT'. Page 461 NAD WN BW Ne \o ow nk WN KF © Co OND 22 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 8 Amendment of Surveyors Act 2003 [s 923] Clause 923 Replacement of pt 6, divs 1-4 Part 6, divisions 1 to 4— omit, insert— '94 Jurisdiction of QCAT 'QCAT has jurisdiction to hear and decide disciplinary proceedings referred by the board under section 89(2)(b)(i1).'. Clause 924 Omission of pt 6, divs 5-7, hdgs Part 6, divisions 5 to 7, headings— omit. Clause 925 Amendment of s 118 (Decision about whether ground for disciplinary action is established) d) (2) (3) (4) (5) Page 462 Section 118(1)— omit. Section 118(2), 'its decision, the committee' — omit, insert— 'a decision about whether a registrant has engaged in professional misconduct, QCAT'. Section 118(2)(c) and (3), 'the committee'— omit, insert— "QCAT'. Section 118(2) and (3)— renumber as section 118(1) and (2). Section 118(2), as renumbered, 'Subsection (2)'— omit, insert— 'Subsection (1)'. Dun WN Co mWmANID UN FP WN KO NY w&e NY NY NY WY nA BR WN KF CO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 926 Clause 927 Clause 928 Chapter 6 Department of Environment and Resource Management Part 8 Amendment of Surveyors Act 2003 [s 926] Amendment of s 119 (Decision about disciplinary action against registrant, other than former registrant) (1) Section 119(2), 'the disciplinary committee' — omit, insert— "QCAT'. (2) Section 119, 'the committee'— omit, insert— "QCAT'. Amendment of s 120 (Decision about disciplinary action against former registrant) (1) Section 120(2) 'the disciplinary committee' — omit, insert— "QCAT'. (2) Section 120, 'the committee' — omit, insert— "QCAT'. Amendment of s 121 (Matters disciplinary committee must consider in making decision about disciplinary action) (1) Section 121, heading, 'disciplinary committee' — omit, insert— 'QCAT'. (2) Section 121(1), 'the disciplinary committee' — omit, insert— "QCAT'. Page 463 arANIHND NN FW NR aDHnunk WN KF CO 'own 212325 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 8 Amendment of Surveyors Act 2003 [s 929] (3) Section 121, 'the committee'— omit, insert— "QCAT'. Clause 929 Amendment of s 122 (Disciplinary committee's power to order costs) (1) Section 122, heading, 'Disciplinary committee's'— omit, insert— "QCAT's'. (2) Section 122(1), 'The disciplinary committee' — omit, insert— "QCAT"'. (3) Section 122(2)(a)— omit, insert— "(a) the costs that are allowable under the QCAT Act; and'. (4) Section 122(3), 'the committee' — omit, insert— "QCAT"'. Clause 930 Omission of s 123 (Notification of disciplinary committee's decision) Section 123— omit. Clause 931 Amendment of s 124 (Board may notify other persons) (1) Section 124(1), from 'the disciplinary committee' to 'registrant, — omit, insert— Page 464 Co mnN WD WN NA UN fF WN KF CO \o 21 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 8 Amendment of Surveyors Act 2003 [s 932] 'QCAT makes a decision about disciplinary proceedings 1 against the registrant, subject to an order made by QCAT,'. 2 (2) Section 124(1)(a), 'on the internet'— 3 omit. 4 (3) Section 124(1)(b), 'the committee's'— 5 omit, insert— 6 "QCAT's'. 7 Clause 932 Omission of ss 125 and 126 8 Sections 125 and 126— 9 omit. 0 Clause 933 Amendment of s 127 (Disciplinary action to be recorded 1 in register) 2 (1) Section 127(1), 'the disciplinary committee' — 3 omit, insert— 4 "QCAT'. 5 (2) Section 127(2), 'the committee' — 6 omit, insert— 7 "QCAT'. 8 Clause 934 Amendment of s 140 (Entry with consent) 9 Section 140(6)(a), 'the disciplinary committee' — 20 omit, insert— 21 "QCAT'. 22 Page 465 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 8 Amendment of Surveyors Act 2003 [s 935] Clause 935 Replacement of pts 8 and 9 'Part 8 Parts 8 and 9— omit, insert— Review of decisions by QCAT "163. Who may apply for review ") 2) A person who is given, or is entitled to be given, an information notice for a decision under this Act may apply, as provided under the QCAT Act, to QCAT for a review of the decision. Also, a person whose application the board is taken, under section 53 or 58, to have decided to refuse to grant may apply, as provided under the QCAT Act, to QCAT for a review of the decision. Note— Section 53 deals with applications for registrations and registration endorsements and section 58 deals with applications for renewal of registrations and registration endorsements.'. Clause 936 Omission of sch 1 (Decisions for which information notices must be given) Schedule 1— omit. Clause 937 Amendment of sch 3 (Dictionary) d) (2) Page 466 Schedule 3, definitions disciplinary committee, information notice and surveyors disciplinary committee— omit. Schedule 3— insert— COMDINID UN KR WN Ke ADM FP WNrK OO \o 21 24 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 9 Amendment of Valuers Registration Act 1992 [s 938] 'information notice means a notice complying with the QCAT Act, section 157(2).'. (3) Schedule 3, definition disciplinary body, paragraph (c)— omit, insert— '(c) QCATY. Part 9 Amendment of Valuers Registration Act 1992 Clause 938 Act amended This part amends the Valuers Registration Act 1992. Clause 939 Amendment of s 3 (Definitions) (1) Section 3, definition committee— omit. (2) Section 3— insert— 'information notice means a notice complying with the QCAT Act, section 157(2).'. Clause 940 Amendment of s 12 (Removal from office) Section 12, 'or a committee' — omit. Page 467 nA kW Nre an fF WN KF CO on Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 9 Amendment of Valuers Registration Act 1992 [s 941] Clause 941 Amendment of s 33 (Notice of board's decision) Section 33(2), from 'state'— omit, insert— 'be an information notice.'. Clause 942 Amendment of s 39 (Cancellation of registration) (1) Section 39(1)(d)— omit. (2) Section 39(3), from 'a written' — omit, insert— 'an information notice for the decision.' . Clause 943 Amendment of s 40 (Restoration of registration after removal under s 37) Section 40— insert— '(6) If the board decides to refuse to restore the applicant's registration, the board must give the applicant an information notice for the decision.'. Clause 944 Amendment of s 42D (Refusal of application) (1) Section 42D(1)(b)— omit, insert— '(b) give the applicant an information notice for the decision to refuse.'. (2) Section 42D(2)— omit. Page 468 BR WN oMmrnNnnann ADM BW NR \o wo 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 9 Amendment of Valuers Registration Act 1992 [s 945] Clause 945 Amendment of s 42GA (Removal from list of specialist retail valuers) 'B) Sections 42GA(3)— omit, insert— If the board decides to remove a valuer's particulars under subsection (1), the board must give the valuer an information notice for the decision.'. Clause 946 Amendment of s 42H, hdg (Disciplinary charges against specialist retail valuers) Section 42H, heading, 'charges'— omit, insert— 'proceedings'. Clause 947 Replacement of ss 50-58 Sections 50 to 58— omit, insert— '50 Disciplinary proceedings ") 2) This section applies if, after considering an investigator's report, the board reasonably considers that a valuer has engaged in— (a) professional misconduct; or (b) incompetence or negligence in the person's performance as a valuer. The board may, as it considers appropriate in the circumstances— (a) refer the matter to QCAT to decide; or (b) if it considers the matter does not warrant referral to QCAT— Page 469 ADM BR WwW Ne \o N OAN NWN FW 22 24 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 9 Amendment of Valuers Registration Act 1992 [s 947] (i) take disciplinary action against the valuer under section 51; or (ii) take no further action. '(3) A referral under subsection (2)(a) must be made as provided under the QCAT Act. '51 Board may take disciplinary action '(1) Subject to section 52, the board may do 1 or more of the 2) 'B) following— (a) admonish or reprimand the valuer; (b) order the valuer to give an undertaking to abstain from particular conduct; (c) order the valuer to pay to the board a penalty of an amount equal to not more than 20 penalty units. The board must give a valuer an information notice for its decision to take action against the valuer under subsection (1). The board may publish, in the newspaper or on its website, notice of any action taken under subsection (1). '52 Notice of intention to take disciplinary action '(1) Before taking action against a valuer under section 51, the board must give to the valuer written notice of its intention to take the action. 2) Page 470 The notice must state— (a) (b) (c) the professional misconduct, incompetence or negligence alleged against the valuer; and the facts and circumstances forming the basis for the allegations; and a day, at least 14 days after the day the notice is given, by which the valuer may, in relation to the allegations stated in the notice— nk Ww NFR io OND NAD NHR WN KF CO 21 24 26 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 948 'B) (4) "O) Chapter 6 Department of Environment and Resource Management Part 9 Amendment of Valuers Registration Act 1992 [s 948] (i) make written representations to the board; or (ii) request the board to hear him or her; or (iii) require the board to refer the matter to QCAT. If the valuer requests a hearing, the board must advise the valuer of a time and place at which the valuer may appear before the board. When deciding the action to be taken against a valuer under section 51, the board must consider any representations made by the valuer about the allegations. If the valuer requires the board to refer the matter to QCAT, the board can not proceed to take action against the valuer under section 51.'. Amendment of s 59 (Committee may order cancellation of registration, etc.) d) (2) (3) (4) (5) Section 59, heading, 'Committee' — omit, insert— 'QCAT'. Section 59(1), from 'a committee' to 'the committee' — omit, insert— 'QCAT finds a registered valuer has engaged in professional misconduct, incompetence or negligence, QCAT'. Section 59(2), 'A committee' — omit, insert— "QCAT'. Section 59(5), 'the committee' — omit, insert— "QCAT'. Section 59(5), after 'subsection (4),'— Page 471 CMAN ANH WN NRO wamarntnn fw 21 232527 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 9 Amendment of Valuers Registration Act 1992 [s 949] insert— "subject to an order made by QCAT,. (6) Section 59(6), from 'The board' to 'website' — omit, insert— 'Subject to an order made by QCAT, the board may also > publish, in the newspaper or on its website'. Dun fF WN Clause 949 Amendment of s 61 (Appeals) (1) Section 61, heading— on omit, insert— 9 '61 Review of particular decisions'. (2) Section 61(1)(c), 'a committee' — omit, insert— 'the board'. (3) Section 61(1), from 'may'— omit, insert— 'may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. (4) Section 61(2) and (3)— omit. (5) Section 61(4), 'appeal'— omit, insert— Co WANIDUN FF WN KY CO NY WY rr Oo 'review'. N N (6) Section 61(4), 'appellant' — N w omit, insert— N BSG 'applicant'. N n (7) Section 61(4), from 'and' to 'committee' — N fom omit. N ~ Page 472 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 9 Amendment of Valuers Registration Act 1992 [s 950] 950 Amendment of s 64 (Proceedings on behalf of board) Section 64(3), ', and all penalties and costs ordered by a committee to be paid to the board under this Act, — omit. 951 ~_—siInsertion of new pt 6, div 4 After part 6, division 3— insert— 'Division 4 Transitional provision for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 '78 Effect of charge laid under previous section 50 ') This section applies if, immediately before the commencement, a charge had been laid by an investigator against a registered valuer under previous section 50(1), but no committee had been appointed under previous section 50(3). '(2) From the commencement, the charge ceases to have effect. '(3) Subsection (2) does not limit the board's powers to take action under section 50(2). '(4) In this section— commencement means the commencement of this section. previous, if followed by a provision number, means the provision of that number in force before the commencement. Note— See also the QCAT Act, chapter 7.'. Page 473 BR WN om rntinwn Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 10 Amendment of Vegetation Management Act 1999 [s 952] Part 10 Amendment of Vegetation Management Act 1999 952 Act amended This part amends the Vegetation Management Act 1999. 953. Amendment of s 55 (Compliance notice) Section 55— insert— '(3A) The compliance notice must be accompanied by or include an information notice for the decision to give the notice.'. 954 Amendment of pt 4, hdg (Appeals and legal proceedings) Part 4, heading, 'Appeals' — omit, insert— 'Reviews'. 955 Replacement of pt 4, div 1 (Appeals) Part 4, division 1— omit, insert— 'Division 1 Review of decisions by QCAT '62 Who may apply for review 'A person who has been given a compliance notice may apply, as provided under the QCAT Act, to QCAT for a review of the decision to give the notice.'. Page 474 omArninn WwW NF O&O NAW Fs 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 11 Amendment of Water Act 2000 [s 956] Clause 956 Amendment of schedule (Dictionary) Schedule— insert— 'information notice means a notice complying with the QCAT Act, section 157(2).'. nA WN Part 11 Amendment of Water Act 2000 6 Clause 957 Act amended 7 This part amends the Water Act 2000. Clause 958 Omission of s 778 (When regulator may give a show 9 cause notice) (0) Section 778— omit. N Clause 959 Amendment of s 781 (General requirements for compliance notices) (1) Section 781(1)(h), 'appeal against' — omit, insert— 'apply for an internal review of'. (2) Section 781(1)(i), 'appeal'— omit, insert— Oo mON HD NN PW 'apply for the internal review'. 20 Page 475 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 11 Amendment of Water Act 2000 [s 960] Clause 960 Amendment of s 861 (Appeal process starts with internal review) d) (2) Section 861, heading, after 'Appeal'— insert— 'or external review'. Section 861, after 'against'— insert— 'or application for external review of". Clause 961 Amendment of s 864 (Review decision) d) (2) (3) '(4AA) (4) (5) Page 476 Sections 864(4)(b)(i) and (iii) — omit. Sections 864(4)(b)(ii) and (iv)— renumber as sections 864(4)(b)(i) and (ii). Section 864, after subsection (4)— insert— For the following decisions, the review notice must comply with the QCAT Act, section 157(2)— (a) adecision or action about a water bore driller's licence; (b) a decision or action mentioned in section 851(1) for which a compliance notice was given.'. Section 864(4A), 'or arbitration provisions of this Act'— omit, insert— 'provisions of this Act or the provisions of the QCAT Act about an external review'. Section 864(6), 'arbitration' — omit, insert— "external review by QCAT'. CO WAND UN fF wWN KF SO Nw WY oe NN BW | a oe NY nw Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 (6) Chapter 6 Department of Environment and Resource Management Part 11 Amendment of Water Act 2000 [s 962] Section 864(7), 'arbitration' — omit, insert— "external review by QCAT'. Clause 962 Amendment of s 865 (Stay of operation of original decision) d) (2) (3) (1A) 2) (4) (5) Section 865(1)(a)— omit, insert— '(a) if, under section 877(1)(a) or (c), the applicant would be able to apply to QCAT for an external review—QCAT; and'. Section 865(1)(b), 'section 864(4)(b)(ii) or (iv)'— omit, insert— "section 877(1)(b) or (d)'. Section 865(2)— omit, insert— An application to QCAT under subsection (1)(a) must be made as provided under the QCAT Act. QCAT or the Land Court may stay the original decision to secure the effectiveness of the review and a later application for external review to QCAT or appeal to the court.'. Section 865(3), before 'the court'— insert— 'QCAT or'. Section 865(4), from 'the court'— omit, insert— 'QCAT or the court allows the applicant to enable the applicant to apply for an external review or appeal against the review decision.'. Page 477 Com NY WD WS SOD AND UN FP WN KF CO NY we wY NY WY nN eB wWN NNW ana Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 11 Amendment of Water Act 2000 [s 963] Clause 963 Amendment of ch 6, pt 3, hdg (Appeals) Chapter 6, part 3, heading, after 'Appeals' — insert— 'and external reviews' . Clause 964 Amendment of s 877 (Who may appeal) d) (2) (3) (4) (5) 2) Page 478 Section 877, heading, after 'appeal'— insert— 'or apply for external review'. Section 877(1), from 'a review' to 'against' — omit, insert— 'an internal review of an original decision, any interested person for the original decision may appeal against or apply for a review of'. Section 877(1)(a), 'the Magistrates Court' — omit, insert— "QCAT"'. Section 877(1)(c), 'the Magistrates Court' — omit, insert— "QCAT"'. Section 877(2)— omit, insert— An application to QCAT made under subsection (1)(a) or (c) must be made as provided under the QCAT Act.'. BR WN oMmrnNnnann omMWmrNI NHN N fF WNrF CO NY WY re oO NN WN Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 11 Amendment of Water Act 2000 [s 965] 965 Amendment of s 878 (Starting an appeal) Section 878, heading, after 'appeal'— insert— 'to the Land Court'. 966 Amendment of s 879 (Staying operation of review decision) (1) Section 879, 'arbitration or'— omit. (2) Section 879(4), 'the arbitration is determined or' — omit. 967 Amendment of sch 4 (Dictionary) (1) Schedule 4— insert— 'external review, for a decision, means a review of the decision by QCAT under the QCAT Act.'. (2) Schedule 4, definition information notice, paragraph (a)(iv)— omit, insert— '(iv) that any person given the notice may apply for an internal review of the decision within 30 business days after the day the notice is given; and'. (3) Schedule 4, definition information notice, paragraph (b), 'appeal' — omit, insert— 'internal review'. (4) Schedule 4, definition review decision, 'section 864(1)'— omit, insert— "section 864(2)'. Page 479 BR WN o mon awn CarAI HD UP WN NX aXe) NN Noe NY we NY Vv WN ND Nn FB WwW Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 12 Amendment of Water Supply (Safety and Reliability) Act 2008 [s 968] (5) Schedule 4, definition review notice, 'section 864(2)'— omit, insert— "section 864(3)'. Part 12 Amendment of Water Supply (Safety and Reliability) Act 2008 968 Act amended This part amends the Water Supply (Safety and Reliability) Act 2008. 969 Amendment of s 466 (Compliance notice) (1) Section 466(1)(f), 'appeal against'— omit, insert— 'apply for an internal review of'. (2) Section 466(1)(g), 'appeal' — omit, insert— 'apply for the review'. 970 Replacement of s 511 (Appeal process starts with review) Section 511— omit, insert— "511. Appeal or external review process starts with internal review 'Every appeal or application for external review of an original decision must be, in the first instance, by way of an application for internal review. '. Page 480 on an FF wWN - OO ona 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 971 Clause 972 Clause 973 Chapter 6 Department of Environment and Resource Management Part 12 Amendment of Water Supply (Safety and Reliability) Act 2008 [s 971] Amendment of s 512 (Who may apply for review) (1) Section 512(1)— omit, insert— '(1) An interested person for an original decision may apply for an internal review of the decision (an internal review application). . (2) Section 512(2), 'A review' — omit, insert— 'An internal review'. Amendment of s 513 (Requirements for making review application) (1) Section 513, heading, after 'making'— insert— 'internal'. (2) Section 513(1), 'A review' — omit, insert— 'An internal review'. (3) Section 513(2), 'a review' — omit, insert— 'an internal review'. (4) Section 513(3) and (4), 'the review' — omit, insert— 'the internal review'. Amendment of s 514 (Review decision) (1) Section 514(1), 'a review' — omit, insert— Page 481 oO mMmrN ANB WN omMmrNI HD fF WN KO NY NR WY WY Ww nN Fe © 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 12 Amendment of Water Supply (Safety and Reliability) Act 2008 [s 974] 'an internal review'. (2) Section 514(3), 'review' — omit, insert— 'internal review'. (3) Section 514(6), after 'arbitration' — insert— "external review'. (4) Section 514(7), after 'arbitration' — insert— "external review'. Clause 974 Amendment of s 515 (Notice of review decision) (1) Section 515(2)(b)(ii) and (iii) — omit. (2) Section 515(2)(b)(v), 'subparagraph (iv)'— omit, insert— "subparagraph (ii)'. (3) Section 515(2)(b)(iv) and (v) renumber as section 515(2)(b)(ii) and (iii). (4) Section 515(2)(c), 'paragraph (b)(v)'— omit, insert— "paragraph (b)(iii)'. (5) Section 515(2)(d)— omit, insert— '(d) if the notice states under paragraph (b)(i) or (ii) that the applicant may appeal to the Planning and Environment Court—that the applicant may apply to the court for a stay of the review decision.'. Page 482 omrnNI DNDN WN omMmrNI HD fF WN NY NR WY WY Ww nN Fe © NWHNW AUDNFS Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 975 (6) "(2A) 7) Chapter 6 Department of Environment and Resource Management Part 12 Amendment of Water Supply (Safety and Reliability) Act 2008 [s 975] Section 515— insert— For the following decisions, the review notice must comply with the QCAT Act, section 157(2)— (a) a decision or action mentioned in section 510(1)(a) for which a compliance notice was given, other than a decision or action mentioned in subsection (2)(b)(i); (b) a decision or action mentioned in section 510(1)(c).'. Section 515(3), after 'Act'— insert— ', or the provisions of the QCAT Act about external review, . Amendment of s 516 (Stay of operation of original decision) d) (2) (3) (4) (5) Section 516(1) and (6), 'A review' — omit, insert— 'An internal review'. Section 516(2)(a), 'section 515(2)(b)(i) or (iv)'— omit, insert— "section 515(2)(b)(i) or (ii)'. Section 516(2)(b)— omit, insert— '(b) if, under section 515(2A), the applicant would be able to apply to QCAT for an external review—QCAT; or'. Section 516(2)(c), 'section 515(2)(b)(v)'— omit, insert— "section 515(2)(b)(iii)'. Section 516(3)— omit, insert— Page 483 Co WANIDN FW YN omrNI HN fF WH NY WY rr Oo NN WN NY NR YY WN aon nn sf Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 12 Amendment of Water Supply (Safety and Reliability) Act 2008 [s 976] '(2A) An application to QCAT under subsection (2)(b) must be made as provided under the QCAT Act. '(3) The court or QCAT may stay the original decision to secure the effectiveness of the internal review and a later arbitration, appeal to the court or external review by QCAT.'. (6) Sections 516(4) and (5), after 'the court'— insert— 'or QCAT'. (7) Section 516(5)(b), after 'against' — insert— 'or apply for external review of'. Clause 976 Replacement of ch 7, pt 3, hdg (Appeals) Chapter 7, part 3, heading— omit, insert— 'Part 3 Appeals and external reviews'. Clause 977 Amendment of s 517 (Who may appeal) (1) Section 517, heading, after 'appeal'— insert— 'or apply for an external review'. (2) Section 517, 'a review' — omit, insert— 'an internal review' (3) Section 517, after 'appeal against'— insert— 'or apply for an external review of'. (4) Section 517(a), '349, 354'— Page 484 Co mMmN WD NPW NK na BB WN onmona 212325 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 978 Clause 979 Chapter 6 Department of Environment and Resource Management Part 12 Amendment of Water Supply (Safety and Reliability) Act 2008 [s 978] omit, insert— "354, 356'. (5) Section 517(b), 'the Magistrates Court' — omit, insert— "QCAT"'. (6) Section 517— insert— "(2) An application to QCAT under subsection (1)(b) must be made as provided under the QCAT Act.'. Amendment of s 518 (Starting an appeal) (1) Section 518, heading, after 'appeal'— insert— 'to Planning and Environment Court'. (2) Section 518(1)(b) and (c)— omit, insert— '(b) if the review decision being appealed against was about an original decision of the chief executive—serving a copy of the notice on the chief executive; and (c) if the review decision being appealed against was about an original decision of the regulator—serving a copy of the notice on the regulator; and (d) complying with the rules of court applicable to the appeal.'. Amendment of s 519 (Stay of operation of review decision) (1) Section 519(1), from 'to which' to 'original decision' — omit. Page 485 CoOmAANI DUN FP WN NY SCO OND UN FBP WN KF SO N — NN Wh 25 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 6 Department of Environment and Resource Management Part 12 Amendment of Water Supply (Safety and Reliability) Act 2008 [s 980] (2) Section 519(3), 'the arbitration is decided or' — omit. Clause 980 Amendment of s 524 (Who may apply for arbitration) Section 524(1), after 'information notice'— insert— 'or a compliance notice'. Clause 981 Insertion of new s 524A After section 524— insert— '524A Stay of operation of review decision ') An application for arbitration does not stay the review decision. '(2) However, an applicant may immediately apply for a stay of the review decision to a court with jurisdiction to hear the proceeding. '(3) The court may stay the review decision to secure the effectiveness of the arbitration. "4) Astay— (a) may be given on conditions the court considers appropriate; and (b) operates for the period fixed by the court; and (c) may be revoked or amended by the court. '(5) The period of the stay stated by the court must not extend past the time when the arbitration is decided.'. Clause 982 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions information notice and review application— Page 486 nn WwW N on \o SCO WAND NAW NF CO Nw WY oe NN BW 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 1 Amendment of Chiropractors Registration Act 2001 [s 983] omit. (2) Schedule 3— insert— 'external review, for a decision, means a review of the decision by QCAT under the QCAT Act. information notice, for a decision of the regulator, chief executive, a local government or an authorised officer, means a notice— (a) stating the following— (i) the decision; (ii) the reasons for the decision; (iii) the name and address of any other person who was given the notice; (iv) that the person to whom the notice is given may apply for an internal review of the decision, within 30 business days after the notice is given; (v) how to apply for the internal review; and (b) including a copy of the relevant internal review provisions of this Act. internal review application see section 512(1).'. Chapter 7 Department of Health Part 1 Amendment of Chiropractors Clause 983 Registration Act 2001 Act amended This part amends the Chiropractors Registration Act 2001. Page 487 C©C OND NB WN Com A DAN WN KF CO NX So 23 25 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 1 Amendment of Chiropractors Registration Act 2001 [s 984] 984 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) Section 5(2), 'the Health Practitioners Tribunal'— omit, insert— "QCAT'. 985 Amendment of s 49 (Use of assessment report) Section 49(4), definition stated proceedings, paragraph (b)— omit, insert— "(b) areview by QCAT under part 6; or'. 986 Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court) Part 3, division 7, subdivision 1, heading, 'District Court' — omit, insert— 'QCAT'. 987 Amendment of s 89 (How registrant may start a review) Section 89(2)(b)— omit, insert— '(b) while a review by QCAT of the decision to impose the conditions is pending.'. 988 Amendment of s 162 (Dealing with forfeited things etc.) (1) Section 162(3)(a)— omit, insert— '(a) areview by QCAT under section 176(1); or'. Page 488 Dn nn BB WNe on nA WwW Ne CoOoU WON D 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 (2) Chapter 7 Department of Health Part 1 Amendment of Chiropractors Registration Act 2001 [s 989] Section 162(3)(b), 'another' — omit, insert— San? an. Clause 989 Replacement of pt 6 (Appeals) 'Part 6 Part 6— omit, insert— Reviews by QCAT '176 Who may apply for a review ") 2) A person who is given, or is entitled to be given, an information notice for a decision (the original decision) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. '177 Particular matters relating to powers of QCAT ") 2) 'B) If on the review of an original decision QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 7, decide and state the review period applying to the conditions. If QCAT decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. QCAT must decide not to record details of the conditions mentioned in subsection (2) in the register unless it reasonably Page 489 \o w NY Duns RW NFO Oornynnwn 232528 Queenslai nd Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 2 Amendment of Dental Practitioners Registration Act 2001 [s 990] Clause 990 believes it is in the interests of users of the registrant's services or the public to know the details.'. Amendment of sch 4 (Dictionary) (1) Schedule 4, definition appellant— omit. (2) Schedule 4, definition information notice, paragraphs (c) and (d)— omit, insert— '(c) that the person to whom the notice is given has a right to have the decision reviewed by QCAT; (d) how, and the period within which, the person may apply for the review; (da) the right the person has to have the operation of the decision stayed under the QCAT Act, section 22;'. (3) Schedule 4, definition review period, 'the District Court'— omit, insert— 'QCAT'. Part 2 Amendment of Dental Clause 991 Page 490 Practitioners Registration Act Act amended This part amends the Dental Practitioners Registration Act 2001. NOR Co mW ANDHD NN FS W NADU BPW NK CO 1923 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 2 Amendment of Dental Practitioners Registration Act 2001 [s 992] Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) Section 5(2), 'the Health Practitioners Tribunal'— omit, insert— "QCAT'. Amendment of s 49 (Use of assessment report) Section 49(4), definition stated proceedings, paragraph (b)— omit, insert— "(b) areview by QCAT under part 6; or'. Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court) Part 3, division 7, subdivision 1, heading, 'District Court' — omit, insert— 'QCAT'. Amendment of s 89 (How registrant may start a review) Section 89(2)(b)— omit, insert— '(b) while a review by QCAT of the decision to impose the conditions is pending.'. Amendment of s 184 (Dealing with forfeited things etc.) (1) Section 184(3)(a)— omit, insert— '(a) areview by QCAT under section 198(1); or'. Page 491 Dn nn BB WNe on nA WwW Ne CoOoU WON D 23 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 2 Amendment of Dental Practitioners Registration Act 2001 [s 997] (2) Section 184(3)(b), 'another' — omit, insert— San? an. 997 Replacement of pt 6 (Appeals) 'Part 6 Part 6— omit, insert— Reviews by QCAT '198 Who may apply for a review ") 2) A person who is given, or is entitled to be given, an information notice for a decision (the original decision) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. '199 Particular matters relating to powers of QCAT ") 2) 'B) Page 492 If QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 7, decide and state the review period applying to the conditions. If QCAT decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. QCAT must decide not to record details of the conditions mentioned in subsection (2) in the register unless it reasonably \o w NY Duns RW NFO Oornynnwn 232528 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 3 Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001 Clause 998 [s 998] believes it is in the interests of users of the registrant's services or the public to know the details.'. Amendment of sch 4 (Dictionary) (1) Schedule 4, definition appellant— omit. (2) Schedule 4, definition information notice, paragraphs (c) and (d)— omit, insert— '(c) that the person to whom the notice is given has a right to have the decision reviewed by QCAT; (d) how, and the period within which, the person may apply for the review; (da) the right the person has to have the operation of the decision stayed under the QCAT Act, section 22;'. (3) Schedule 4, definition review period, 'the District Court'— omit, insert— 'QCAT'. Part 3 Amendment of Dental Clause 999 Technicians and Dental Prosthetists Registration Act Act amended This part amends the Dental Technicians and Dental Prosthetists Registration Act 2001. Page 493 NOR Co mW ANDHD NN FS W NADU BPW NK CO 1921 24 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 3 Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001 [s 1000] 1000 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) Section 5(2), 'the Health Practitioners Tribunal'— omit, insert— "QCAT'. 1001 Amendment of s 49 (Use of assessment report) Section 49(4), definition stated proceedings, paragraph (b)— omit, insert— "(b) areview by QCAT under part 6; or'. 1002 Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court) Part 3, division 7, subdivision 1, heading, 'District Court' — omit, insert— 'QCAT'. 1003 Amendment of s 90 (How registrant may start a review) Section 90(2)(b)— omit, insert— '(b) while a review by QCAT of the decision to impose the conditions is pending.'. 1004 Amendment of s 166 (Dealing with forfeited things etc.) (1) Section 166(3)(a)— omit, insert— '(a) areview by QCAT under section 180(1); or'. Page 494 Dn nn BB WNe on nA WwW Ne CoOoU WON D 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 3 Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001 (2) [s 1005] Section 166(3)(b), 'another' — omit, insert— San? an. Clause 1005 Replacement of pt 6 (Appeals) 'Part 6 Part 6— omit, insert— Reviews by QCAT "180 Who may apply for a review ") 2) A person who is given, or is entitled to be given, an information notice for a decision (the original decision) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. '181 Particular matters relating to powers of QCAT ") 2) 'B) If on the review of an original decision QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 7, decide and state the review period applying to the conditions. If QCAT decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. QCAT must decide not to record details of the conditions mentioned in subsection (2) in the register unless it reasonably Page 495 \o w NY Duns RW NFO Oornynnwn 232528 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 4 Amendment of Food Act 2006 [s 1006] believes it is in the interests of users of the registrant's services or the public to know the details.'. 1006 Amendment of sch 4 (Dictionary) (1) Schedule 4, definition appellant— omit. (2) Schedule 4, definition information notice, paragraphs (c) and (d)— omit, insert— '(c) that the person to whom the notice is given has a right to have the decision reviewed by QCAT; (d) how, and the period within which, the person may apply for the review; (da) the right the person has to have the operation of the decision stayed under the QCAT Act, section 22;'. (3) Schedule 4, definition review period, 'the District Court'— omit, insert— 'QCAT'. Part 4 Amendment of Food Act 2006 1007 Act amended This part amends the Food Act 2000. 1008 Amendment of s 193 (Forfeiture of seized things) Section 193(8), from 'an appeal' — omit, insert— Page 496 NOR Co mW ANDHD NN FS W NADU BPW NK CO 20 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 4 Amendment of Food Act 2006 [s 1009] 'a review under this Act or an appeal of which the chief executive or chief executive officer is aware.'. Clause 1009 Amendment of 220 (Compensation) Section 220(5), from 'must also' — omit, insert— 'must be a QCAT information notice.'. Clause 1010 Amendment of ch 9, hdg (Reviews and appeals) Chapter 9, heading, 'and appeals' — omit. Clause 1011 Amendment of s 236 (Appeal process starts with internal review) (1) Section 236, heading, 'Appeal'— omit, insert— 'Review'. (2) Section 236(1), 'appeal against the decision' — omit, insert— 'apply for review of the decision'. (3) Section 236(2), 'appeal'— omit, insert— 'review'. Clause 1012 Amendment of s 239 (Review decision) (1) Section 239(2), '(the review notice)' — omit. Page 497 nn fF W Ne on Co mrNI HN fF WN KO NX So 22 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 4 Amendment of Food Act 2006 [s 1013] (2) Section 239(3), from 'review notice' — omit, insert— 'notice must be a QCAT information notice.'. (3) Section 239(4), after 'notice' — insert— 'mentioned in subsection (2)'. (4) Section 239(5), 'an appeal to the court'— omit, insert— "a review of the review decision by QCAT"'. (5) Section 239(6), 'an appeal to the court'— omit, insert— "a review of the review decision by QCAT"'. 1013 Omission of s 240 (Stay of operation of decision) Section 240— omit. 1014 Replacement of ch 9, pt 2, hdg (Appeals) Chapter 9, part 2, heading— omit, insert— 'Part 2 External review of decisions'. 1015 Amendment of s 241 (Who may appeal) (1) Section 241, heading, 'appeal'— omit, insert— 'apply for external review'. (2) Section 241(1), from 'appeal against'— Page 498 Co mMmrN DN FB WN o wnna 21 23 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 4 Amendment of Food Act 2006 [s 1016] omit, insert— 'apply, as provided under the QCAT Act, to QCAT for a review of the review decision.'. (3) Section 241(2) and (3), 'appeal against' — omit, insert— 'apply, as provided under the QCAT Act, to QCAT for a review of'. 1016 Omission of ss 242-246 Sections 242 to 246— omit. 1017 Amendment of s 258 (Dealing with forfeited thing) Section 258(3), 'an appeal'— omit, insert— "'areview'. 1018 Amendment of sch 3 (Dictionary) (1) Schedule 3, definition review notice— omit. (2) Schedule 3— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Page 499 NAD NW BR WN \o ow BR WN Po Oo WON NHN Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 5 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 1019] Part 5 Amendment of Health (Drugs and Poisons) Regulation 1996 Clause 1019 Regulation amended This part amends the Health (Drugs and Poisons) Regulation 1996. Clause 1020 Amendment of s 18 (How chief executive may deal with applications) d) 'B) (4) Page 500 Section 18(3) and (4)— omit, insert— If the chief executive decides to grant the endorsement or renew an endorsement that is a drug licence, poison licence, treatment approval or wholesale representative licence, the chief executive must promptly give the applicant the relevant endorsement. If the chief executive decides to state a condition on the endorsement, the chief executive must also give the applicant— (a) if the endorsement is an endorsement other than a treatment approval, a QCAT information notice about the decision to state the condition on the endorsement; or (b) if the endorsement is a treatment approval, a notice stating the following— (i) the decision; (ii) that the applicant may apply to the chief executive for a statement of reasons for the decision under the QCAT Act, section 158, within the period stated in that provision; (iii) the person has a right to have the decision reviewed by QCAT; o Onan om ADM FPWNr OC Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 (2) (3) (4) (5) Chapter 7 Department of Health Part 5 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 1021] (iv) how, and the period within which, the person may apply for the review; (v) _ the right the person has to have the operation of the decision stayed under the QCAT Act, section 22.'. Section 18(5)— omit. Section 18(6), 'appeal against' — omit, insert— 'apply for review of". Section 18(7), from 'written notice'— omit, insert— 'QCAT information notice about the decision.' . Section 18(6) and (7), as amended— renumber as section 18(5) and (6). Clause 1021 Amendment of s 24 (Procedure for suspension or cancellation of endorsement) Section 24(5), from 'must state'— omit, insert— 'must be a QCAT information notice about the decision.'. Clause 1022 Amendment of s 25 (Urgent suspension or cancellation of endorsement) d) (4) Section 25(4)— omit, insert— The notice must be a QCAT information notice for the decision.' . Page 501 Co mMmN DWN BPW NK RW NY FF CO onmn an 2225 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 5 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 1023] (2) Section 25(5), after 'must'— insert— 'also'. 1023 Amendment of s 25A (Urgent cancellation of certain approvals) Section 25A(4)— omit, insert— '(4) The notice must be a QCAT information notice for the decision.' . 1024 Amendment of s 27 (Replacement of endorsement) Section 27(3)(b)— omit, insert— '(b) give the applicant a QCAT information notice about the decision to refuse to replace the endorsement. '. 1025 Amendment of s 28 (Amendment of endorsement on application) Section 28(4), from 'a written notice'— omit, insert— 'a QCAT information notice about the decision to refuse to amend the endorsement.'. 1026 Amendment of s 29 (Amendment of endorsement without application) Section 29(3)(b)(iv)— omit, insert— '(iv) the endorsement holder has a right to have the decision reviewed by QCAT; and Page 502 COMA AN DNF RW NY fF OC Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 5 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 1027] (v) how, and the period within which, the person may apply for the review; and (vi) the right the endorsement holder has to a have the operation of the decision stayed under the QCAT Act, section 22.'. Clause 1027 Replacement of ch 1, pt 6, hdg (Appeals) Chapter 1, part 6, heading— omit, insert— 'Part 6 External review'. Clause 1028 Amendment of s 33 (Decisions open to appeal) (1) Section 33, heading, 'open to appeal' — omit, insert— 'that may be reviewed'. (2) Section 33(1), 'appeal against' — omit, insert— 'apply, as provided under the QCAT Act, to QCAT for review of'. (3) Section 33(2), 'appeal against' — omit, insert— 'apply, as provided under the QCAT Act, to QCAT for review of'. (4) Section 33(2)(a) and (b)— omit, insert— '(a) a decision to refuse to renew a drug licence, poison licence, treatment approval or wholesale representative licence; Page 503 MBW NR oo wWnnan arAD UN FF WN FF CO \o Nw ro NN Ww N NNN one Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1029] (b) a decision to renew a drug licence, poison licence, treatment approval or wholesale representative licence on new conditions;'. 1029 Omission of ss 34-39 Sections 34 to 39— omit. 1030 Amendment of appendix 9 (Dictionary) Appendix 9— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 1031 Act amended This part amends the Health Practitioners (Professional Standards) Act 1999. 1032 Amendment of s 10 (Purposes of pt 2) (1) Section 10(c)— omit, insert— '(c) to state the functions of QCAT for the purposes of this Act; and'. (2) Section 10(e), from 'appointment' — Page 504 Wn 11 ony 22 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1033] omit, insert— 'appointment of the secretary of the professional conduct review panels.'. 1033 Replacement of pt 2, div 4, hdg (Health Practitioners Tribunal) Part 2, division 4, heading— omit, insert— 'Division 4 QCAT'. 1034 Replacement of pt 2, div 4, sdiv 1 (Establishment and membership of tribunal) Part 2, division 4, subdivision 1— omit, insert— 'Subdivision 1 Constitution of tribunal '26 Constitution '(1)_ The tribunal must be constituted by a judicial member. "(2) In this section— judicial member see the QCAT Act, schedule 3.'. 1035 Amendment of s 30 (Functions) (1) Section 30(1), after 'tribunal'— insert— 'for the purposes of this Act'. (2) Section 30(2)(b), (c) and (e), 'hear appeals from decisions' — omit, insert— 'review decisions'. Page 505 ona wns WN WwW NF SO NAW sf \o ow 2123 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1036] 1036 Amendment of s 31 (Assessors to assist tribunal) Section 31(1), before 'registrar' — insert— 'principal'. 1037 Amendment of s 32 (Restrictions on appointment of assessors) Section 32(4), before 'registrar' — insert— 'principal'. 1038 Amendment of s 33 (Board must advise registrar of specialist and technical issues) Section 33, before 'registrar' — insert— 'principal'. 1039 Omission of pt 2, div 4, sdiv 4 (Registrar of tribunal) Part 2, division 4, subdivision 4— omit. 1040 Amendment of s 42 (Procedure for recommending members of panels of assessors) Section 42(4)(a) and (b), before 'registrar' — insert— 'principal'. Page 506 oo mn aN RW N Fe RW N FO nn \o 0 21 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1041] 1041 Amendment of s 59 (Immediate suspension or imposition of conditions on registration) (1) Section 59(5)(d), 'appeal to the tribunal against'— omit, insert— 'apply to the tribunal for review of'. (2) Section 59(5)(e)— omit, insert— "(e) how, and the period within which, the registrant may apply for the review of the decision.'. (3) Section 59(7)(a), 'appeal' — omit, insert— 'review'. 1042 Amendment of s 126 (How disciplinary proceedings may be started) Section 126(2)(c), before 'registrar' — insert— 'principal'. 1043. Amendment of s 205 (Notification of decision of panel) Section 205(2)(e) and (f)— omit, insert— "(e) (f) (g) that a party may apply to the tribunal under the QCAT Act for a review of the decision; how, and the period within which, the party may apply for the review; the right the party has to have the operation of the decision stayed under the QCAT Act, section 22.'. Page 507 COmAAN DN FW NK N ND NM SW \o wo 22 24 26 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1044] 1044 Replacement of pt 6, div 6, hdg (Health Practitioners Tribunal) Part 6, division 6, heading— omit, insert— 'Division 6 QCAT'. 1045 Amendment of s 211 (Tribunal's jurisdiction) Section 211(1)(b) to (d)— omit, insert— '(b) to review reviewable decisions under part 9, division 3; and (c) to review tribunal review decisions under part 9, division 4.'. 1046 Amendment of s 212 (Additional disciplinary matters) Section 212(3)— omit. 1047 Replacement of s 213 (Chairperson to allocate matters) Section 213— omit, insert— '213 President to choose assessors 'As soon as practicable after a referral notice is filed with the principal registrar, the president must choose assessors to assist the tribunal.'. Page 508 nN FW NRE own a ona 22 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1048] 1048 Amendment of s 215 (Notice of intention to conduct hearing) Section 215(1), before 'registrar'— insert— 'principal'. 1049 Omission of s 216 (Substituted service on registrant and complainant) Section 216— omit. 1050 Replacement of s 217 (Directions conference) Section 217— omit, insert— '217. Compulsory conference '1) This section applies if the tribunal holds a compulsory conference under the QCAT Act. '(2) The assessors assisting the tribunal may take part in the compulsory conference if the tribunal considers it is necessary or desirable for them to take part in the conference.'. 1051 Replacement of s 219 (Procedure for hearing by tribunal) Section 219— omit, insert— '219 Procedure for hearing by tribunal "When conducting a hearing, the tribunal must, if asked to do so by a party— (a) _ tell the party— Page 509 nA fb wWNe oO ND AAD NFP WN KF CO 2124 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1052] (i) the facts and circumstances forming the basis for the ground for disciplinary action against the registrant; and (ii) what possible disciplinary action the tribunal may take under section 241 or 243; and (iii) the effect that section 381C or 381G, if relevant, may have on the registrant's registration; and (b) explain to the party any aspect of the tribunal's procedures, or decisions or rulings, relating to the hearing.'. 1052 Omission of ss 220 and 221 Sections 220 and 221— omit. 1053 Replacement of s 222 (Hearing to be held in public) Section 222— omit, insert— '222 Hearing of impairment matter '1)_ A hearing before the tribunal for an impairment matter is not open to the public unless— (a) the tribunal reasonably believes it is in the public interest for it to be open to the public; or (b) _ the registrant asks for it to be open to the public. "(2) In this section— impairment matter means a disciplinary matter for which the only ground for disciplinary action mentioned in the referral notice is that the registrant is impaired.'. Page 510 COD AND WH WN So OoOmrnt nn st 2225 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 '225 '227 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1054] Omission of ss 223 and 224 Sections 223 and 224— omit. Replacement of s 225 (Attendance and right of appearance) Section 225— omit, insert— Attendance 'The tribunal may excuse a registrant from attending all or part of a hearing.'. Replacement of s 227 (Questions to be decided by constituting member) Section 227— omit, insert— Member may have regard to assessor's views 'In deciding a question of fact before the tribunal, the constituting member may have regard to the views of an assessor assisting the tribunal as the member considers appropriate.'. Omission of s 227A (Procedure if tribunal member unable to hear matter) Section 227A— omit. Page 511 Co WON WD Us COMDAND NV HW NR 22 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1058] 1058 Replacement of s 228 (Procedure if tribunal member absent etc.) Section 228— omit, insert— '228 Procedure if member or assessor unable to take part in proceedings '(1) This section applies if the tribunal has started to hear disciplinary proceedings relating to a registrant but has not made its decision and— (a) _ the constituting member (the first member) ceases to be qualified to be a tribunal member or, for any other reason, is unable to take further part in the proceedings; or (b) an assessor assisting the tribunal is, for any reason, unable to take further part in the proceedings. '(2) If anew member is appointed, the assessors who assisted the first member may be chosen to assist the new member. '(3) If an assessor is unable to take further part in the disciplinary proceedings, the principal registrar must choose another assessor in the assessor's place. '(4) The other assessor must be chosen from the same panel of assessors from which the previous assessor was chosen.'. 1059 Omission of ss 229 and 230 Sections 229 and 230— omit. 1060 Amendment of s 231 (Interim orders) (1) Section 231(4)— omit. Page 512 OMAN AN FW NR NY SCOmDmWAD NH WNrF CO NW NOR NN BR WwW N n 27 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1061] (2) Section 231(5) and (6)— renumber as section 231(4) and (5). 1061 Omission of s 232 (Inspection of things) Section 232— omit. 1062 Omission of ss 234 and 235 Sections 234 and 235— omit. 1063 Omission of pt 6, div 6, sdiv 3 (Contempt of tribunal) Part 6, division 6, subdivision 3— omit. 1064 Amendment of s 245 (Notification of decision of tribunal) (1) Section 245(1), before 'registrar' — insert— 'principal'. (2) Section 245(2)(e)— omit, insert— '(e) the right the party has to appeal to the Court of Appeal against the decision under the QCAT Act;'. (3) Section 245(3)— omit. Page 513 COoOmArAI DN FW WN NY WwW re Oo Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1065] 1065 Amendment of s 249 (Consequences if other disciplinary action while suspended decision) Section 249(2), 'chairperson' — omit, insert— 'president'. 1066 Amendment of s 251 (Tribunal must give notice) Section 251(1), before 'registrar'— insert— 'principal'. 1067 Omission of s 252 (Effect of tribunal's decision) Section 252— omit. 1068 Amendment of s 253 (Implementation of decisions) (1) Section 253(1), 'section 329'— omit, insert— 'the QCAT Act'. (2) Section 253(2), before 'registrar' — insert— 'principal'. 1069 Omission of ss 256-259 Sections 256 to 259— omit. Page 514 oo wmonan na kW Ne N OoOmOmAN DN FW 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1070] Clause 1070 Amendment of s 261 (Board may notify other entities) Section 261(1)(b), before 'registrar' — insert— 'principal'. Clause 1071 Amendment of s 263 (Records to be kept and made publicly available) Section 263(1)(d) and (3), before 'registrar' — insert— 'principal'. Clause 1072 Amendment of s 301 (Notification of board's decision) Section 301(2)(c)— omit, insert— '(c) for a decision that the registrant is impaired or a decision under section 299(2)(a) or (b), (4) or (6)— (i) that the registrant may apply to the tribunal for a review of the decision; and (ii) how, and the period within which, the registrant may apply for the review; (iii) the right the registrant has to have the operation of the decision stayed under the QCAT Act, section 22;'. Clause 1073 Amendment of s 305 (Conditions or order in force until further decision made) Section 305(2), 'appeal against the board's decision' — omit, insert— 'review of the board's decision by the tribunal'. Page 515 oo mn aN POO ON AN BW NY KF CO NN Nw WN Ko NY WY nn Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1074] 1074 Amendment of s 311 (Board may take action on basis of foreign law) Section 311(5)(b) and (c)— omit, insert— '(b) that the registrant has a right to have the decision reviewed by the tribunal; (c) how, and the period within which, the registrant may apply for the review; (d) the right the registrant has to have the operation of the decision stayed under the QCAT Act, section 22.'. 1075 Amendment of s 314 (Purposes of pt 9) Section 314(b)— omit, insert— '(b)_ review of certain decisions by QCAT; and (c) appeals from certain decisions under this Act to the Court of Appeal.'. 1076 Amendment of s 316 (Who may have conditions reviewed) Section 316(2)(b), 'an appeal to' — omit, insert— "a review by'. 1077 Amendment of pt 9, div 3, hdg (Appeals to tribunal) Part 9, division 3, heading, 'Appeals to'— omit, insert— 'Review by'. Page 516 se eran wne Dun fF WN \o on 21 2325 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1078] 1078 Amendment of s 325 (Appealable decisions for tribunal) (1) Section 325, heading— omit, insert— "325 Reviewable decisions'. (2) Section 325(1) and (2), 'an appealable decision for this division' — omit, insert— 'a reviewable decision' . 1079 Replacement of ss 326-336 Sections 326 to 336— omit, insert— '326 Who may apply for review 'The following persons may apply, as provided under the QCAT Act, to the tribunal for a review of a reviewable decision— (a) the registrant to whom the reviewable decision relates; (b) the registrant's board, if the reviewable decision was made by a panel. '327 Notice to be given to commission '1) The principal registrar must, within 14 days after an application for review of a reviewable decision is filed in the registry, give written notice of the review to the commission. "(2) The notice must— (a) state that an application for review has been filed; and (b) be accompanied by a copy of the application. Page 517 eorN AN FW N CNN MNPW NF CO 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1079] '328 Review of decision under s 59(2) '(1)_ This section applies if a registrant files an application for review by the tribunal of a decision made under section 59(2) in relation to the registrant's registration. '(2) The tribunal must not grant a stay of the decision. '(3) The tribunal must finalise the review as quickly as possible. "329 Panel making decision under s 324 not a party '(1)_ This section applies if a panel makes a decision to confirm, remove or change conditions, or remove conditions and replace the conditions with another action, under section 324. '(2) The panel is not a party to any proceeding in the tribunal's review jurisdiction relating to the decision. 330 Reviews by hearing '(1)_ The procedure for the hearing of a review is set out under— (a) part 6, division 6, subdivision 2, other than section 215; and (b) the QCAT Act. "(2) However, for subsection (1)(a)— (a) areference in section 213 to a referral notice is taken to be a reference to an application for review; and (b) a reference in section 222 to an impairment matter is taken to be a reference to a reviewable decision mentioned in section 325(1)(b) or (c). '331 Powers of tribunal on review "(1) In deciding the review of the reviewable decision, the tribunal may— Page 518 ow nN Nn nN BWN NOR wamnrnAn an Ff WwW 2226 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 2) 'B) (4) "O) (6) 7) Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1079] (a) for a reviewable decision mentioned in section 325(1)(a)—confirm or set aside the reviewable decision; or (b) otherwise— (i) confirm the reviewable decision; or (ii) set aside the reviewable decision; or (iii) change the reviewable decision in the way the tribunal considers appropriate; or (iv) set aside the reviewable decision and replace it with a decision the tribunal may make under section 241 or 243. A changed decision that results from the tribunal acting under subsection (1)(b)(iii) may be any decision mentioned in section 241(2) or 243(2) but must not be another decision. If the tribunal makes a decision under subsection (1)(a), the principal registrar must give written notice of the decision and the reasons for the decision to the registrant, the registrant's board and the commission. In making its decision under subsection (1)(b) (a review decision), section 240(2) or (3) or 244 applies as if the review decision were a decision made under section 240(1), 241(2) or 243(2). If the review decision is a decision of a type mentioned in section 241(3), that subsection applies as if the review decision were a decision made under section 241(2). If the review decision is a decision of a type mentioned in section 241(2), section 242 applies as if the review decision were a decision made under section 241(2). Part 6, division 6, subdivisions 6 and 7 apply to a review decision as if it were a decision made under section 240(1) or section 241(2) or 243(2).'. Page 519 CAN DUN fF WNK iS) CO OANDMN FWY KO NW Noe NNN On B&W NNW ona Wwhd Re OowO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1080] Clause 1080 Amendment of s 337 (Decisions that may be reviewed) (1) Section 337, from '(a reviewable decision) to 'under this division' — omit, insert— '(a tribunal review decision) is a decision that may be reviewed by the tribunal under its original jurisdiction under the QCAT Act'. (2) Section 337(f), 'reviewable' — omit, insert— 'tribunal review'. Clause 1081 Amendment of s 338 (Who may have decision reviewed) (1) Section 338(1), 'reviewable' — omit, insert— 'tribunal review'. (2) Section 338(2)(a), '336(5)'— omit, insert— "331(5)'. Clause 1082 Replacement of ss 339 and 340 Sections 339 and 340— omit, insert— '339 Application for review 'An application for review of a tribunal review decision must— (a) be made as provided under the QCAT Act; and (b) state— Page 520 CoM ANAIDN FB WN YAN FW NY \o ow 21 23 25 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1083] (i) _ that the registrant believes the decision is no longer appropriate; and (ii) the reasons for the registrant's belief. '340 Registrar to give copy of application to particular persons ") 2) The principal registrar must, within 14 days after a registrant applies for a review of the tribunal review decision as provided under the QCAT Act, give written notice— (a) to the registrant's board; and (b) to the commission. The principal registrar's notice must— (a) state that an application for review of the tribunal review decision has been made; and (b) be accompanied by a copy of the application.'. 1083 Omission of ss 341 and 342 Sections 341 and 342— omit. 1084 Amendment of s 343 (Review by hearing) d) (2) (3) Section 343(2)(a), 'a notice of review' — omit, insert— 'an application for review under the QCAT Act'. Section 343(2)(b)— omit. Section 343(2)(c) and (3), 'reviewable' — omit, insert— 'tribunal review'. Page 521 0 OAD WF WN KF OO nn 212325 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1085] (4) Section 343(2)(c), as amended— renumber as section 343(2)(b). 1085 Omission of s 344 (Review by written submissions) Section 344— omit. 1086 Amendment of s 345 (Powers of tribunal on review) Section 345(1), (2) and (3), 'reviewable decision' — omit, insert— 'tribunal review decision'. 1087 Omission of ss 348 and 349 Sections 348 and 349— omit. 1088 Amendment of s 350 (Appellant to give notice of appeal to particular persons) (1) Section 350(1), 'the notice of appeal' — omit, insert— 'a notice starting the appeal to the Court of Appeal'. (2) Section 350(2), 'of appeal' — omit. 1089 Omission of ss 351 and 352 Sections 351 and 352— omit. Page 522 onmonna N Oo mOmrN DN FW 21 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1090] 1090 Replacement of s 353 (Powers of court on appeal) Section 353— omit, insert— *353 Court's decision may be tribunal review decision '(1)_ In deciding the appeal, the Court of Appeal may decide that its decision is a tribunal review decision for section 337. "(2) If the court decides that its decision is a tribunal review decision, it must state a period in which the decision is not reviewable under division 4.'. 1091 Amendment of s 367B (Appointments and authority) Section 367B(2), definition relevant person, paragraph (h), before 'registrar' — insert— 'principal'. 1092 Amendment of s 392 (Confidentiality) Section 392(5), definition relevant person, paragraph (i), before 'registrar' — insert— 'principal'. 1093 Amendment of s 394 (Board etc. may give combined notice) Section 394(1) and (2), before 'registrar' — insert— 'principal'. Page 523 COMIN AN FW NY RW Nr CO omMmrANnInDN 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 6 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 1094] Clause 1094 Amendment of s 395 (Notices if complainant has not revealed identity) Section 395(1)(a), before 'registrar' — insert— 'principal'. Clause 1095 Amendment of s 397 (Forms) d) (2) Section 397(1)— omit. Section 397(2) and (3)— renumber as section 397(1) and (2). Clause 1096 Amendment of schedule (Dictionary) d) (2) Page 524 Schedule, definitions approved form, constituting member, Health Practitioners Tribunal, notice of appeal, notice of review, registrar, reviewable decision, tribunal and tribunal member— omit. Schedule— insert— 'approved form means— (a) for a panel—a form approved by the secretary under section 397(1); or (b) for a board—a form approved by the board under section 397(2). constituting member, in relation to the tribunal, means the member constituting the tribunal. notice of appeal, for part 9, division 3, see section 327(1). notice of review, for part 9, division 2, see section 317(1). nA fb wWNe oo wmonan CoA HD NABWN \o Nw ro NN Wh Nw ns NY W& nN a Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 7 Amendment of Health Quality and Complaints Commission Act 2006 [s 1097] president means the president of QCAT. 1 principal registrar means the principal registrar under the 2 QCAT Act. 3 reviewable decision see section 325. 4 tribunal means QCAT. 5 tribunal review decision see section 337.'. 6 (3) Schedule, definition assessor, before 'registrar' — 7 insert— 8 'principal'. 9 (4) Schedule, definition attendance notice, paragraph (c)— 10 omit. 11 Part 7 Amendment of Health Quality 2 and Complaints Commission 3 Act 2006 4 Clause 1097 Act amended 5 This part amends the Health Quality and Complaints 6 Commission Act 2006. 7 Clause 1098 Amendment of s 190 (Commission may intervene in 8 disciplinary proceedings) 9 Section 190(4), 'the Health Practitioners Tribunal or the 20 Nursing Tribunal'— 1 omit, insert— 22 "QCAT'. 23 Page 525 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 8 Amendment of Medical Practitioners Registration Act 2001 [s 1099] Clause 1099 Amendment of sch 5 (Dictionary) (1) Schedule 5, definitions Health Practitioners Tribunal and Nursing Tribunal— omit. (2) Schedule 5, definition disciplinary body, paragraphs (b) and (c)— omit, insert— "(b) QCAT; or'. (3) Schedule 5, definition disciplinary body, paragraphs (d) and (e)— renumber as paragraphs (c) and (d). Part 8 Amendment of Medical Practitioners Registration Act Clause 1100 Act amended This part amends the Medical Practitioners Registration Act 2001. Clause 1101 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) Section 5(2), 'the Health Practitioners Tribunal'— omit, insert— "QCAT'. Page 526 = see Bau YN aan Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 8 Amendment of Medical Practitioners Registration Act 2001 [s 1102] 1102 Amendment of s 49 (Use of assessment report) Section 49(4), definition stated proceedings, paragraph (b)— omit, insert— "(b) areview by QCAT under part 7; or'. 1103 Amendment of pt 3, div 8, sdiv 1, hdg (Review of conditions imposed by the board or District Court) Part 3, division 8, subdivision 1, heading, 'District Court' — omit, insert— 'QCAT'. 1104 Amendment of s 99 (How registrant may start a review) Section 99(2)(b)— omit, insert— '(b) while a review by QCAT of the decision to impose the conditions is pending.'. 1105 Amendment of s 223 (Dealing with forfeited things etc.) (1) Section 223(3)(a)— omit, insert— '(a) areview by QCAT under section 237(1); or'. (2) Section 223(3)(b), 'another' — omit, insert— San? an. 1106 Replacement of pt 7 (Appeals) Part 7— omit, insert— Page 527 BR WN oo mn aN RW NY KF OO omrntinanwn 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 8 Amendment of Medical Practitioners Registration Act 2001 [s 1107] 'Part 7 Reviews by QCAT '237 Who may apply for a review ") 2) A person who is given, or is entitled to be given, an information notice for a decision (the original decision) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. '238 Particular matters relating to powers of QCAT ") 2) 'B) If on the review of an original decision QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 8, decide and state the review period applying to the conditions. If QCAT decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. QCAT must decide not to record details of the conditions mentioned in subsection (2) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details.'. Clause 1107 Amendment of sch 3 (Dictionary) d) (2) Page 528 Schedule 3, definitions appellant and tribunal— omit. Schedule 3, definition information notice, paragraphs (c) and (dj— OI ANBW VY \o NY SCOmMID NASW NY KO NNNWN BRWNFR 2629 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 9 Amendment of Medical Radiation Technologists Registration Act 2001 [s 1108] omit, insert— 1 '(c) that the person to whom the notice is given hasarightto 2 have the decision reviewed by QCAT; 3 (d) how, and the period within which, the person may apply 4 for the review; 5 (da) the right the person has to have the operation of the 6 decision stayed under the QCAT Act, section 22;'. 7 (3) Schedule 3, definition review period, 'the District Court'— 8 omit, insert— 9 "QCAT'. 10 Part 9 Amendment of Medical 1 Radiation Technologists 2 Registration Act 2001 3 Clause 1108 Act amended 4 This part amends the Medical Radiation Technologists 5 Registration Act 2001. 6 Clause 1109 Amendment of s 5 (Board's decisions to accord with 7 decisions of certain bodies under the Health 8 Practitioners (Professional Standards) Act 1999) 9 Section 5(2), 'the Health Practitioners Tribunal'— 20 omit, insert— 21 "QCAT'. 22 Page 529 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 9 Amendment of Medical Radiation Technologists Registration Act 2001 [s 1110] Amendment of s 49 (Use of assessment report) Section 49(4), definition stated proceedings, paragraph (b)— omit, insert— "(b) areview by QCAT under part 6; or'. Amendment of pt 3, div 8, sdiv 1, hdg (Review of conditions imposed by the board or District Court) Part 3, division 8, subdivision 1, heading, 'District Court' — omit, insert— 'QCAT'. Amendment of s 103 (How registrant may start a review) Section 103(2)(b)— omit, insert— '(b) while a review by QCAT of the decision to impose the conditions is pending.'. Amendment of s 177 (Dealing with forfeited things etc.) (1) Section 177(3)(a)— omit, insert— '(a) areview by QCAT under section 191(1); or'. (2) Section 177(3)(b), 'another' — Page 530 omit, insert— San? an. Replacement of pt 6 (Appeals) Part 6— omit, insert— BR WN oo mn aN RW NY KF OO omrntinanwn 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 'Part 6 Chapter 7 Department of Health Part 9 Amendment of Medical Radiation Technologists Registration Act 2001 [s 1115] Reviews by QCAT 191 Who may apply for a review ") 2) A person who is given, or is entitled to be given, an information notice for a decision (the original decision) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. '192 Particular matters relating to powers of QCAT ") 2) 'B) If on the review of an original decision QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 8, decide and state the review period applying to the conditions. If QCAT decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. QCAT must decide not to record details of the conditions mentioned in subsection (2) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details.'. Clause 1115 Amendment of sch 3 (Dictionary) d) (2) Schedule 3, definition appellant— omit. Schedule 3, definition information notice, paragraphs (c) and (d)— Page 531 OI ANBW VY \o NY SCOmMID NASW NY KO NNNWN BRWNFR 2629 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 10 Amendment of Medical Radiation Technologists Registration Regulation 2002 [s 1116] omit, insert— '(c) that the person to whom the notice is given has a right to have the decision reviewed by QCAT; (d) how, and the period within which, the person may apply for the review; (da) the right the person has to have the operation of the decision stayed under the QCAT Act, section 22;'. (3) Schedule 3, definition review period, 'the District Court'— omit, insert— "QCAT'. Part 10 Amendment of Medical Radiation Technologists Registration Regulation 2002 1116 Regulation amended This part amends the Medical Radiation Technologists Registration Regulation 2002. 1117 Replacement of pt 4 (Appeals) Part 4— omit, insert— 'Part 4 Reviews "60 Application for review 'A person who is given, or is entitled to be given, a decision information notice for a decision may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. Page 532 CoO AND NB WN An 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 11 Amendment of Nursing Act 1992 [s 1118] Clause 1118 Amendment of sch 4 (Dictionary) d) (2) Part 11 Schedule 4, definitions decision appellant, decision information notice and initial decision— omit. Schedule 4— insert— 'decision information notice means a notice complying with the QCAT Act, section 157(2).'. Amendment of Nursing Act Clause 1119 Act amended This part amends the Nursing Act 1992. Clause 1120 Amendment of s 4 (Definitions) d) (2) Section 4, definitions chairperson, Nursing Tribunal and tribunal— omit. Section 4— insert— 'president means the president of the tribunal. principal registrar means the principal registrar under the QCAT Act. tribunal means QCAT.'. Page 533 ONI Dn FB WN N ~arANI NHN NS W 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 11 Amendment of Nursing Act 1992 [s 1121] (3) '" Section 4, definition disciplinary matter, ', under section 104,— omit. Clause 1121 Amendment of s 42A (Minister's power to give directions) Section 42A(3)(h)— omit, insert— '(h)_ referring a disciplinary matter to the tribunal.'. Clause 1122 Amendment of s 67 (Immediate suspension of registration or enrolment by council) d) (2) (6) Section 67(5)(b)— omit, insert— '(b) under section 104(1), refer a disciplinary matter against the suspended nurse to the tribunal for hearing and determination.'. Section 67(6)— omit, insert— If a disciplinary matter is referred under subsection (5), the suspension applies until the matter is determined by the tribunal.'. Clause 1123 Amendment of s 78 (Definitions for pt 4) Page 534 Section 78, definition information notice— omit, insert— 'information notice, about a decision of the council, means a notice— (a) complying with the QCAT Act, section 157(2) about the decision; and NAW sf \o 0 CAN DN FWNY KF CO 21 24 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 11 Amendment of Nursing Act 1992 [s 1124] (b) if the decision is that the accreditation of a nursing course be renewed or cancelled—that also includes a direction to return the certificate of accreditation to the council within 14 days.'. Clause 1124 Replacement of pt 5, div 1, hdg (Nursing Tribunal) Part 5, division 1, heading— omit, insert— 'Division 1 Matters referred to QCAT'. Clause 1125 Omission of s 84 (Continuation of Professional Conduct Committee under the name Nursing Tribunal) Section 84— omit. Clause 1126 Amendment of s 85 (Tribunal's functions) (1) Section 85, after 'tribunal'— insert— "under this Act'. (2) Section 85(a), 'charge'— omit, insert— 'disciplinary matter'. (3) Section 85(b), 'charges'— omit, insert— 'disciplinary matters'. (4) Section 85(d) and (e)— omit. Page 535 BRWNF aoarnannan N OoOmWmANI HD N FW 2123 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 11 Amendment of Nursing Act 1992 [s 1127] (5) Section 85(f)— renumber as section 85(d). 1127 Replacement of ss 86-98 Sections 86 to 98— omit, insert— '86 Tribunal's constitution '(1)_ The tribunal must be constituted by a judicial member. "(2) In this section— judicial member means a judicial member under the QCAT Act. 'Division 1A Assessors 'Subdivision 1 Use of assessors in a hearing '87 Assessors to assist tribunal ") 2) Page 536 In conducting disciplinary proceedings in relation to a nurse, midwife or other person authorised to practise nursing, the tribunal must be assisted by— (a) 1 assessor chosen by the president from the public panel of assessors; and (b) 2 assessors chosen by the president from the professional panel of assessors. Despite subsection (1), the tribunal may conduct a hearing under this Act without the assistance of any of the assessors required under subsection (1) if the tribunal is satisfied it is necessary because of the urgency of the matter. N O©oOmOmANIDHDN FW Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 11 Amendment of Nursing Act 1992 [s 1127] "(3) In this section— public panel of assessors see the Health Practitioners (Professional Standards) Act 1999, section 39. '88 Restrictions on appointment of assessors '(1) Subsection (2) applies to disciplinary proceedings relating to a complaint by— (a) auser of a service provided by a nurse, midwife or other person authorised to practise nursing; or (b) an entity acting on behalf of a user of a service provided by a nurse, midwife or other person authorised to practise nursing. '(2) The presiding member of the tribunal or at least 1 of the assessors appointed to assist the tribunal must be of the same gender as the user unless— (a) the presiding member is conducting the hearing under section 87(2); or (b) the complaint is a complaint accepted by the council under section 102AC(2). '(3) Before choosing an assessor under section 87(1), the principal registrar must be satisfied the assessor does not have a personal or professional connection with the nurse, midwife or other person authorised to practise nursing to whom the disciplinary proceedings relate that may prejudice the way in which the assessor performs the assessor's functions. '(4) In this section— presiding member see the QCAT Act, section 170. '89 Council must advise president of specialist and technical issues "(1)_ If the council refers a disciplinary matter to the tribunal, the council must at the time of the referral— Page 537 Wn 0 ON AN fF CNY AN FWNH KO NNNNW BRWNrF Ow! NSN n wn 28 30 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 11 Amendment of Nursing Act 1992 [s 1127] 2) (a) advise the principal registrar whether the matter is likely to raise issues of a specialist or technical nature; and (b) if the matter is likely to raise issues of a specialist or technical nature—advise the principal registrar of the type of professional background or skills that an assessor assisting the tribunal should have. The principal registrar must have regard to the council's advice under subsection (1) when choosing an assessor from the professional panel of assessors to assist the tribunal. '90 Functions and powers of assessors ") 2) The function of an assessor is to advise the tribunal on questions of fact arising during the hearing of a disciplinary matter. To enable an assessor to perform the assessor's function, the assessor may, during the hearing— (a) ask a witness before the tribunal a question; and (b) discuss any question of fact with a lawyer or other person appearing for a party at the hearing. '91 Payment of assessors 'An assessor is entitled to be paid the remuneration and allowances decided by the Governor in Council. 'Subdivision 2. Professional panel of assessors '92 Establishment of professional panel of assessors Page 538 'There is to be a professional panel of assessors. COMI ADAUNBW NR CNN NAF WNK CO 21 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 11 Amendment of Nursing Act 1992 [s 1127] '93 Appointment of individuals to panel '(1) The Governor in Council may, by gazette notice, appoint individuals as members of the professional panel of assessors. '(2) The professional panel of assessors must consist of the number of members decided by the Minister having regard to— (a) _ the likely demand for members to assist the tribunal; and (b) _ the diversity of the nursing and midwifery professions. '(3) An individual is qualified to be recommended by the Minister for appointment as a member of the professional panel of assessors only if— (a) the individual is— (i) enrolled as an enrolled nurse; or (ii) registered as a registered nurse; or (iii) authorised by the council to practise midwifery; or (iv) registered, licensed or otherwise authorised to practise the profession in another State; or (v) authorised by the council to practise in any other area of nursing; and (b) the Minister is satisfied the individual has sufficient experience, knowledge, skills and standing in the nursing or midwifery profession having regard to the functions of assessors. "94 Disqualification from membership of panel 'An individual must not be appointed as, or continue as, a member of a panel of assessors if— (a) the individual is a member of the council; or (b) the individual is a nurse, midwife or other person authorised to practise nursing— Page 539 Co WAN ANH WHY Com AD WN fF WN KO NNNWW WNrRO 26 29 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 11 Amendment of Nursing Act 1992 [s 1127] (c) (i) whose registration, enrolment or authorisation ceases to have effect; or (ii) whose registration, enrolment or authorisation is subject to conditions that limit the individual's right to practise the profession; or (iii) whose registration, enrolment or authorisation is subject to an undertaking with the council or tribunal; or the individual is registered, licensed or otherwise authorised to practise the profession in another State and— (i) the registration, licence or other authorisation is cancelled or suspended; or (ii) the registration, licence or other authorisation is subject to conditions that limit the individual's right to practise the profession; or (iii) the individual has entered into an undertaking with an entity in that State that performs the same functions as a disciplinary body. Procedure for recommending members of panels of assessors '1) Before recommending individuals as members of the professional panel of assessors, the Minister must invite nominations from— Page 540 (a) (b) (c) the council; and universities and training institutions that— (i) are established in Queensland; and (ii) are engaged in the education of students for the nursing or midwifery profession; and professional colleges established in Australia that the Minister considers are relevant to the nursing or midwifery profession; and C0 OAD NEW NR COAN ANH WHY KO 232629 31 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 11 Amendment of Nursing Act 1992 [s 1127] (d) professional associations that the Minister considers are representative of the nursing or midwifery profession; and (e) persons who are qualified as mentioned in section 93(3) and not disqualified under section 94. '(2) The invitation in subsection (1)(e) must be made by advertisement in a newspaper circulating generally throughout the State. '(3) However, subsections (1) and (2) do not apply if the Minister reasonably believes that it is necessary to urgently appoint an individual as a member of the professional panel of assessors because— (a) the secretary or registrar considers a disciplinary matter is likely to raise issues of a specialist or technical nature; and (b) _ the secretary or registrar has advised the Minister that— (i) none of the panel members have the desirable professional background or skills; or (ii) panel members who do have the desirable professional background or skills will not be available to hear the matter. '96 Duration of appointment 'A member of the professional panel of assessors may be appointed for a term not longer than 5 years. '97 Conditions of appointment 'A member of the professional panel of assessors holds office on the conditions provided in this Act and the other conditions decided by the Governor in Council. Page 541 C0 OAD NH WNe PCO ON BD NSW NRK CO Nw 24 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 11 Amendment of Nursing Act 1992 [s 1128] '98 Vacation of office "1) A member of the professional panel of assessors vacates the member's office if— 2) (a) (b) (c) the member can not continue as a member under section 94; or the member resigns by signed notice of resignation given to the Minister; or the Governor in Council, by written notice given to the member, removes the member from the panel. The Governor in Council may remove a member from the panel if the member is— (a) (b) incapable of properly performing the functions of an assessor; or unfit to be a member of a panel. Example of circumstances when member may be unfit to be a member of a panel— A member of the professional panel of assessors may be considered to be unfit to hold office as a member if disciplinary action is taken against the member under this Act.'. Clause 1128 Replacement of s 104 (Referral of charge to tribunal) Section 104— omit, insert— '104 Referral of disciplinary matter to tribunal "(1) If the council reasonably believes a disciplinary matter exists in relation to a person, the council may refer the disciplinary matter, as provided under the QCAT Act, to the tribunal for hearing and determination. 2) Page 542 When referring a disciplinary matter to the tribunal, the council must give the tribunal and the person sufficient particulars to inform the tribunal and the person of the ground for disciplinary action to be taken against the person. COD AND NH WN COmrAI AN FB WN KO 2123 2527 2931 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 11 Amendment of Nursing Act 1992 [s 1129] "(3) If the council refers a disciplinary matter to the tribunal, the council must immediately give notice of the referral to the commission.'. Clause 1129 Omission of ss 105-113 Sections 105 to 113— omit. Clause 1130 Amendment of s 114 (Health assessment) (1) Section 114(1), 'charge has been preferred'— omit, insert— 'disciplinary matter has been referred'. (2) Section 114(1), 'chairperson' — omit, insert— 'president'. (3) Section 114(2), 'under section 116(4)'— omit. (4) Section 114(4), 'charge'— omit, insert— 'disciplinary matter'. Clause 1131 Omission of s 115 (Determinations of questions before tribunal) Section 115— omit. Clause 1132 Amendment of s 116 (Action by tribunal) (1) Section 116(1) and (3), 'charge'-— Page 543 WNre eorntinan if WN KF CO 21 24 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 11 Amendment of Nursing Act 1992 [s 1133] omit, insert— 'disciplinary matter'. (2) Section 116(5)— omit. 1133 Amendment of s 117 (Effect of tribunal's orders) Section 117(1)— omit. 1134 Replacement of s 118 (Notification of tribunal's orders and reasons) Section 118— omit, insert— 118 Notification of tribunal's decision '1) The tribunal must give a copy of its final decision in the hearing in writing to— (a) the commission; and (b) any person who made a complaint to which the decision relates. Note— Under the QCAT Act, section 121 the tribunal must give a copy of its final decision to particular persons, including each party to the hearing. '(2) The council may publish the decision of the tribunal in the way the council considers appropriate, subject to an order of the tribunal.'. 1135 Replacement of pt 8, div 1, hdg (Appeals) Part 8, division 1, heading— omit, insert— 'Division 1 Reviews'. Page 544 BR WN \o 0 nn CAND MN PWN KF CO NX foe) NNW WNre 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 11 Amendment of Nursing Act 1992 [s 1136] Clause 1136 Amendment of s 137 (Appeals) Clause 1137 d) (2) (3) (4) (5) Section 137, heading, 'Appeals'— omit, insert— 'Review of decisions and orders'. Section 137(1)(c)— omit. Section 137(2), from 'appeal'— omit, insert— 'apply, as provided under the QCAT Act, to QCAT for a review of the decision or order.'. Section 137(3) to (10)— omit. Section 137(11)— renumber as section 137(3). Amendment of s 138 (Holders of office to act honestly and with propriety) d) (2) (3) Section 138(1), definition person to whom this section applies, paragraph (b)— omit. Section 138(1), definition person to whom this section applies, paragraphs (c) and (d)— renumber as paragraphs (b) and (c). Section 138(3)(b) and (4)(b), ', a committee of the council or the tribunal.' — omit, insert— 'or a committee of the council.'. Page 545 COomMmrN DN BR WN RW NY FF CO orn an 22 24 26 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 12 Amendment of Nursing Regulation 2005 [s 1138] 1138 Amendment of s 139 (Confidentiality of documents and information) (1) Section 139(1), definition person to whom this section applies, paragraph (b)— omit. (2) Section 139(1), definition person to whom this section applies, paragraphs (c) and (d)— renumber as paragraphs (b) and (c). 1139 Amendment of s 139A (Executive officer or council may notify Commissioner for Children and Young People and Child Guardian about particular information) Section 139A(1)(e), 'section 117(2)'— omit, insert— "section 117'. 1140 Amendment of s 148 (Regulation-making power) (1) Section 148(2)(c), ', the tribunal'— omit. (2) Section 148(2)(r), 'or the tribunal' — omit. Part 12 Amendment of Nursing Regulation 2005 1141 Regulation amended This part amends the Nursing Regulation 2005. Page 546 OoaAD NN BW NR RW NY FO omni nn 21 23 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 13 Amendment of Occupational Therapists Registration Act 2001 [s 1142] 1142 Omission of s 16 and pt 4 Section 16 and part 4— omit. Part 13 Amendment of Occupational Therapists Registration Act 1143 Act amended This part amends the Occupational Therapists Registration Act 2001. 1144 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) Section 5(2), 'the Health Practitioners Tribunal'— omit, insert— "QCAT'. 1145 Amendment of s 49 (Use of assessment report) Section 49(4), definition stated proceedings, paragraph (b)— omit, insert— "(b) areview by QCAT under part 6; or'. 1146 Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court) Part 3, division 7, subdivision 1, heading, 'District Court' — omit, insert— Page 547 an FF WNrFO oO wmona 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 13 Amendment of Occupational Therapists Registration Act 2001 [s 1147] 'QCAT'. Clause 1147 Amendment of s 89 (How registrant may start a review) Section 89(2)(b)— omit, insert— '(b) while a review by QCAT of the decision to impose the conditions is pending.'. Clause 1148 Amendment of s 162 (Dealing with forfeited things etc.) (1) Section 162(3)(a)— omit, insert— '(a) areview by QCAT under section 176(1); or'. (2) Section 162(3)(b), 'another' — omit, insert— San? an. Clause 1149 Replacement of pt 6 (Appeals) Part 6— omit, insert— 'Part 6 Reviews by QCAT '176 Who may apply for a review ') A person who is given, or is entitled to be given, an information notice for a decision (the original decision) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. '(2) To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. Page 548 DAn fF Wh Ww NF Oo NY Aun sf 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 13 Amendment of Occupational Therapists Registration Act 2001 [s 1150] '177 Particular matters relating to powers of QCAT ") 2) 'B) If on a review of an original decision QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 7, decide and state the review period applying to the conditions. If QCAT decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. QCAT must decide not to record details of the conditions mentioned in subsection (2) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details.'. Clause 1150 Amendment of sch 3 (Dictionary) d) (2) (3) Schedule 3, definition appellant— omit. Schedule 3, definition information notice, paragraphs (c) and (d)— omit, insert— '(c) that the person to whom the notice is given has a right to have the decision reviewed by QCAT; (d) how, and the period within which, the person may apply for the review; (da) the right the person has to have the operation of the decision stayed under the QCAT Act, section 22;'. Schedule 3, definition review period, 'the District Court' — Page 549 Com ADDN FP WYN DANnNKRW NK O 21 24 26 28 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 14 Amendment of Optometrists Registration Act 2001 [s 1151] omit, insert— "QCAT'. Part 14 Amendment of Optometrists Registration Act 2001 1151 Act amended This part amends the Optometrists Registration Act 2001. 1152 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) Section 5(2), 'the Health Practitioners Tribunal'— omit, insert— "QCAT'. 1153 Amendment of s 49 (Use of assessment report) Section 49(4), definition stated proceedings, paragraph (b)— omit, insert— "(b) areview by QCAT under part 6; or'. 1154 Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court) Part 3, division 7, subdivision 1, heading, 'District Court' — omit, insert— 'QCAT'. Page 550 'oon N n nN B&B WwW \o oN 21 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 14 Amendment of Optometrists Registration Act 2001 [s 1155] 1155 Amendment of s 89 (How registrant may start a review) Section 89(2)(b)— omit, insert— '(b) while a review by QCAT of the decision to impose the conditions is pending.'. 1156 Amendment of s 162 (Dealing with forfeited things etc.) (1) Section 162(3)(a)— omit, insert— '(a) areview by QCAT under section 176(1); or'. (2) Section 162(3)(b), 'another' — omit, insert— San? an. 1157 Replacement of pt 6 (Appeals) Part 6— omit, insert— 'Part 6 Reviews by QCAT '176 Who may apply for a review ') A person who is given, or is entitled to be given, an information notice for a decision (the original decision) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. '(2) To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. Page 551 Db onmonna nk WN non nn fF W 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 14 Amendment of Optometrists Registration Act 2001 [s 1158] '177 Particular matters relating to powers of QCAT ") 2) 'B) If on the review of an original decision QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 7, decide and state the review period applying to the conditions. If QCAT decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. QCAT must decide not to record details of the conditions mentioned in subsection (2) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details.'. Clause 1158 Amendment of sch 4 (Dictionary) d) (2) (3) Page 552 Schedule 4, definition appellant— omit. Schedule 4, definition information notice, paragraphs (c) and (d)— omit, insert— '(c) that the person to whom the notice is given has a right to have the decision reviewed by QCAT; (d) how, and the period within which, the person may apply for the review; (da) the right the person has to have the operation of the decision stayed under the QCAT Act, section 22;'. Schedule 4, definition review period, 'the District Court' — Com ADDN FP WYN DANnNKRW NK O 21 24 26 28 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 15 Amendment of Osteopaths Registration Act 2001 [s 1159] omit, insert— "QCAT'. Part 15 Amendment of Osteopaths Registration Act 2001 Act amended This part amends the Osteopaths Registration Act 2001. Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) Section 5(2), 'the Health Practitioners Tribunal'— omit, insert— "QCAT'. Amendment of s 49 (Use of assessment report) Section 49(4), definition stated proceedings, paragraph (b)— omit, insert— "(b) areview by QCAT under part 6; or'. Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court) Part 3, division 7, subdivision 1, heading, 'District Court' — omit, insert— 'QCAT'. Page 553 'oon N n nN B&B WwW \o oN 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 15 Amendment of Osteopaths Registration Act 2001 [s 1163] Clause 1163 Amendment of s 89 (How registrant may start a review) Section 89(2)(b)— omit, insert— '(b) while a review by QCAT of the decision to impose the conditions is pending.'. Clause 1164 Amendment of s 162 (Dealing with forfeited things etc.) (1) Section 162(3)(a)— omit, insert— '(a) areview by QCAT under section 176(1); or'. (2) Section 162(3)(b), 'another' — omit, insert— San? an. Clause 1165 Replacement of pt 6 (Appeals) Part 6— omit, insert— 'Part 6 Reviews by QCAT '176 Who may apply for a review ') A person who is given, or is entitled to be given, an information notice for a decision (the original decision) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. '(2) To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. Page 554 Db onmonna nk WN non nn fF W 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 15 Amendment of Osteopaths Registration Act 2001 [s 1166] '177 Particular matters relating to powers of QCAT ") 2) 'B) If QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 7, decide and state the review period applying to the conditions. If QCAT decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. QCAT must decide not to record details of the conditions mentioned in subsection (2) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details.'. Clause 1166 Amendment of sch 2 (Dictionary) d) (2) Schedule 2, definition appellant— omit. Schedule 2, definition information notice, paragraphs (c) and (d)— omit, insert— '(c) that the person to whom the notice is given has a right to have the decision reviewed by QCAT; (d) how, and the period within which, the person may apply for the review; (da) the right the person has to have the operation of the decision stayed under the QCAT Act, section 22;'. Page 555 Com ADDN FP WYN DANnNKRW NK O 21 24 26 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 16 Amendment of Pest Management Act 2001 [s 1167] (3) Schedule 2, definition review period, 'the District Court'— omit, insert— 2 'QCAT'. Part 16 Amendment of Pest 4 Management Act 2001 5 Clause 1167 Act amended 6 This part amends the Pest Management Act 2001. 7 Clause 1168 Amendment of s 14 (Suitability of person to hold licence) 8 (1) Section 14(1)(d)(iii), after 'the'— insert— 0 'repealed'. 1 (2) Section 14(1)(d)— 2 insert— 3 '(iv) the Queensland Building Services Authority Act 4 1991, section 91, 97B or 97C;'. 5 Clause 1169 Amendment of s 17 (Use of assessment report) 6 Section 17(1), 'or appeal' — 7 omit. 8 Clause 1170 Amendment of s 80 (Dealing with forfeited things etc.) 9 Section 80(3)(a) and (b)— 20 omit, insert— 21 Page 556 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 1171 Chapter 7 Department of Health Part 16 Amendment of Pest Management Act 2001 [s 1171] '(a) a review applied for under section 105 or 108; or (b) an appeal, relevant to the thing, of which the chief executive is aware.'. Amendment of pt 4, hdg (Reviews and appeals) Part 4, heading, 'and appeals' — omit. Clause 1172 Amendment of s 103 (Appeal process starts with internal review) Clause 1173 d) (2) (3) Section 103, heading, 'Appeal' — omit, insert— 'Review'. Section 103(1), 'appeal against the decision' — omit, insert— 'apply for review of the decision'. Section 103(2), 'appeal'— omit, insert— 'review'. Amendment of s 106 (Review decision) d) (2) Section 106(2), '(the review notice)' — omit. Section 106(3), from 'review notice'— omit, insert— 'notice must be a QCAT information notice for the review decision.' . Page 557 \o won WN NA UN fF WN fF CO \o ow 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 16 Amendment of Pest Management Act 2001 [s 1174] (3) Section 106(4), after 'notice' — insert— 'mentioned in subsection (2)'. (4) Section 106(5), 'an appeal to the court'— omit, insert— "a review of the review decision by QCAT"'. (5) Section 106(6), 'an appeal to the court'— omit, insert— "a review of the review decision by QCAT"'. Clause 1174 Omission of s 107 (Stay of operation of decision) Section 107— omit. Clause 1175 Replacement of pt 4, div 2, hdg (Appeals) Part 4, division 2, heading— omit, insert— 'Division 2 External review of decisions'. Clause 1176 Amendment of s 108 (Who may appeal) (1) Section 108, heading, 'appeal'— omit, insert— 'apply for external review'. (2) Section 108, from 'appeal to'— omit, insert— 'apply, as provided under the QCAT Act, to QCAT for a review of the review decision.'. Page 558 Co mMmrN DN FB WN n nf WwW N on 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 17 Amendment of Pharmacists Registration Act 2001 [s 1177] Clause 1177 Omission of ss 109-113 Sections 109 to 113— omit. Clause 1178 Amendment of sch 3 (Dictionary) (1) Schedule 3, definition review notice— omit. (2) Schedule 3— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Part 17 Amendment of Pharmacists Registration Act 2001 Clause 1179 Act amended This part amends the Pharmacists Registration Act 2001. Clause 1180 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) Section 5(2), 'the Health Practitioners Tribunal'— omit, insert— "QCAT'. Page 559 Fo WON AWN Ff oO ANDN Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 17 Amendment of Pharmacists Registration Act 2001 [s 1181] Amendment of s 53 (Use of assessment report) Section 53(4), definition stated proceedings, paragraph (b)— omit, insert— "(b) areview by QCAT under part 6; or'. Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court) Part 3, division 7, subdivision 1, heading, 'District Court' — omit, insert— 'QCAT'. Amendment of s 93 (How registrant may start a review) Section 93(2)(b)— omit, insert— '(b) while a review by QCAT of the decision to impose the conditions is pending.'. Amendment of s 167 (Dealing with forfeited things etc.) (1) Section 167(3)(a)— omit, insert— '(a) areview by QCAT under section 181(1); or'. (2) Section 167(3)(b), 'another' — Page 560 omit, insert— San? an. Replacement of pt 6 (Appeals) Part 6— omit, insert— BR WN oo mn aN RW NY KF OO omrntinanwn 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 'Part 6 Chapter 7 Department of Health Part 17 Amendment of Pharmacists Registration Act 2001 [s 1186] Reviews by QCAT "181. Who may apply for a review ") 2) A person who is given, or is entitled to be given, an information notice for a decision (the original decision) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. '182 Particular matters relating to powers of QCAT ") 2) 'B) If on a review of an original decision QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 7, decide and state the review period applying to the conditions. If QCAT decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. QCAT must decide not to record details of the conditions mentioned in subsection (2) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details.'. Clause 1186 Amendment of sch 4 (Dictionary) d) (2) Schedule 4, definition appellant— omit. Schedule 4, definition information notice, paragraphs (c) and (d)— Page 561 OI ANBW VY \o NY SCOmMID NASW NY KO NNNWN BRWNFR 2629 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 18 Amendment of Physiotherapists Registration Act 2001 [s 1187] (3) Schedule 4, definition review period, 'the District Court'— Part 18 Amendment of 1 Clause 1187 Clause 1188 Page 562 omit, insert— '(c) that the person to whom the notice is given has a right to have the decision reviewed by QCAT; (d) how, and the period within which, the person may apply for the review; (da) the right the person has to have the operation of the decision stayed under the QCAT Act, section 22;'. omit, insert— "QCAT"'. 10 CoO AND NB WN Physiotherapists Registration 2 Act 2001 3 Act amended na This part amends the Physiotherapists Registration Act 2001. Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) Section 5(2), 'the Health Practitioners Tribunal'— 0 OND omit, insert— 20 "QCAT'. 21 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 18 Amendment of Physiotherapists Registration Act 2001 [s 1189] 1189 Amendment of s 49 (Use of assessment report) Section 49(4), definition stated proceedings, paragraph (b)— omit, insert— "(b) areview by QCAT under part 6; or'. 1190 Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court) Part 3, division 7, subdivision 1, heading, 'District Court' — omit, insert— 'QCAT'. 1191 Amendment of s 89 (How registrant may start a review) Section 89(2)(b)— omit, insert— '(b) while a review by QCAT of the decision to impose the conditions is pending.'. 1192 Amendment of s 162 (Dealing with forfeited things etc.) (1) Section 162(3)(a)— omit, insert— '(a) areview by QCAT under section 176(1); or'. (2) Section 162(3)(b), 'another' — omit, insert— San? an. 1193 Replacement of pt 6 (Appeals) Part 6— omit, insert— Page 563 BR WN oo mn aN RW NY KF OO omrntinanwn 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 18 Amendment of Physiotherapists Registration Act 2001 [s 1194] 'Part 6 Reviews by QCAT '176 Who may apply for a review ") 2) A person who is given, or is entitled to be given, an information notice for a decision (the original decision) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. '177 Certain matters relating to powers of QCAT ") 2) 'B) If on the review of an original decision QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 7, decide and state the review period applying to the conditions. If QCAT decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. QCAT must decide not to record details of the conditions mentioned in subsection (2) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details.'. Clause 1194 Amendment of sch 4 (Dictionary) d) (2) Page 564 Schedule 4, definition appellant— omit. Schedule 4, definition information notice, paragraphs (c) and (dj— OI ANBW VY \o NY SCOmMID NASW NY KO NNNWN BRWNFR 2629 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Part 19 (3) Chapter 7 Department of Health Part 19 Amendment of Podiatrists Registration Act 2001 [s 1195] omit, insert— '(c) that the person to whom the notice is given has a right to have the decision reviewed by QCAT; (d) how, and the period within which, the person may apply for the review; (da) the right the person has to have the operation of the decision stayed under the QCAT Act, section 22;'. Schedule 4, definition review period, 'the District Court' — omit, insert— "QCAT'. Amendment of Podiatrists Registration Act 2001 1195 Act amended This part amends the Podiatrists Registration Act 2001. Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) Section 5(2), 'the Health Practitioners Tribunal'— omit, insert— "QCAT'. Amendment of s 49 (Use of assessment report) Section 49(4), definition stated proceedings, paragraph (b)— omit, insert— "(b) areview by QCAT under part 6; or'. Page 565 CMO ANID WK WN oO ANIDMN 22 24 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 19 Amendment of Podiatrists Registration Act 2001 [s 1198] 1198 Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court) Part 3, division 7, subdivision 1, heading, 'District Court' — omit, insert— 'QCAT'. 1199 Amendment of s 89 (How registrant may start a review) Section 89(2)(b)— omit, insert— '(b) while a review by QCAT of the decision to impose the conditions is pending.'. 1200 Amendment of s 162 (Dealing with forfeited things etc.) (1) Section 162(3)(a)— omit, insert— '(a) areview by QCAT under section 176(1); or'. (2) Section 162(3)(b), 'another' — omit, insert— San? an. 1201 Replacement of pt 6 (Appeals) Part 6— omit, insert— 'Part 6 Reviews by QCAT '176 Who may apply for a review ') A person who is given, or is entitled to be given, an information notice for a decision (the original decision) may Page 566 nA fb wWNe oo wmonan YAN FW NY \o wo 21 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 2) Chapter 7 Department of Health Part 19 Amendment of Podiatrists Registration Act 2001 [s 1202] apply, as provided under the QCAT Act, to QCAT for a review of the decision. To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. '177 Particular matters relating to powers of QCAT ") 2) 'B) If on the review of an original decision QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 7, decide and state the review period applying to the conditions. If QCAT decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. QCAT must decide not to record details of the conditions mentioned in subsection (2) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details.'. Clause 1202 Amendment of sch 4 (Dictionary) d) (2) Schedule 4, definition appellant— omit. Schedule 4, definition information notice, paragraphs (c) and (d)— omit, insert— '(c) that the person to whom the notice is given has a right to have the decision reviewed by QCAT; (d) how, and the period within which, the person may apply for the review; Page 567 RW NF omrntnn SCOMAI ANHWN KO iS) 23 25 28 30 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 20 Amendment of Private Health Facilities Act 1999 [s 1203] (da) the right the person has to have the operation of the decision stayed under the QCAT Act, section 22;'. (3) Schedule 4, definition review period, 'the District Court'— omit, insert— "QCAT'. Part 20 Amendment of Private Health Facilities Act 1999 1203 Act amended This part amends the Private Health Facilities Act 1999. 1204 Amendment of s 111 (Dealing with forfeited things) Section 111(3), from 'review' — omit, insert— 'review applied for under part 9.'. 1205 Amendment of pt 9, hdg (Reviews and appeals) Part 9, heading, 'and appeals' — omit. 1206 Replacement of pt 9, div 1, hdg (Reviews) Part 9, division 1, heading— omit, insert— 'Division 1 Internal review of decisions'. Page 568 nA kW Nre Ww NF Oo Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 20 Amendment of Private Health Facilities Act 1999 [s 1207] Clause 1207 Amendment of s 126 (Appeal process starts with internal review) Clause 1208 d) (2) Section 126, heading, 'Appeal' — omit, insert— 'Review'. Section 126, 'appeal against'— omit, insert— 'review of'. Amendment of s 129 (Review decision) d) (2) (3) (4) (5) Section 129(2), '(the review notice)' — omit. Section 129(3), from 'review notice'— omit, insert— 'notice must comply with the QCAT Act, section 157(2).'. Section 129(4), 'review notice' — omit, insert— 'notice mentioned in subsection (2)'. Section 129(5), 'an appeal to the court'— omit, insert— "a review of the review decision by QCAT"'. Section 129(6), 'an appeal to the court'— omit, insert— "a review of the review decision by QCAT"'. Page 569 omrNI DNDN fF WN FY CO NY NR WY WY Ww nN Fe © Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 20 Amendment of Private Health Facilities Act 1999 [s 1209] Clause 1209 Omission of s 130 (Stay of operation of decision) Section 130— omit. Clause 1210 Replacement of pt 9, div 2, hdg (Appeals) Part 9, division 2, heading— omit, insert— 'Division 2 External review of decisions'. Clause 1211 Amendment of s 131 (Who may appeal) (1) Section 131, heading, 'appeal'— omit, insert— 'apply for external review'. (2) Section 131, from 'appeal to'— omit, insert— 'apply, as provided under the QCAT Act, to QCAT for a review of the review decision.'. Clause 1212 Omission of ss 132-136 Sections 132 to 136— omit. Clause 1213 Amendment of sch 3 (Dictionary) Schedule 3, definition review notice— omit. Page 570 co ow NAW Fs nk WN KF © a 21 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 21 Amendment of Psychologists Registration Act 2001 [s 1214] Part 21 Amendment of Psychologists Registration Act 2001 Act amended This part amends the Psychologists Registration Act 2001. Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) Section 5(2), 'the Health Practitioners Tribunal'— omit, insert— "QCAT'. Amendment of s 49 (Use of assessment report) Section 49(4), definition stated proceedings, paragraph (b)— omit, insert— "(b) areview by QCAT under part 6; or'. Amendment of pt 3, div 8, sdiv 1, hdg (Review of conditions imposed by the board or District Court) Part 3, division 8, subdivision 1, heading, 'District Court' — omit, insert— 'QCAT'. Amendment of s 104 (How registrant may start a review) Section 104(2)(b)— omit, insert— '(b) while a review by QCAT of the decision to impose the conditions is pending.'. Page 571 oO ANDN RW Ne onmn an 21 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 21 Amendment of Psychologists Registration Act 2001 [s 1219] Clause 1219 Amendment of s 178 (Dealing with forfeited things etc.) (1) Section 178(3)(a)— omit, insert— '(a) areview by QCAT under section 192(1); or'. (2) Section 178(3)(b), 'another' — omit, insert— San? an. Clause 1220 Replacement of pt 6 (Appeals) Part 6— omit, insert— 'Part 6 Reviews by QCAT 192 Who may apply for a review ') A person who is given, or is entitled to be given, an information notice for a decision (the original decision) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. '(2) To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. '193 Particular matters relating to powers of QCAT '1) If on the review of an original decision QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 8, decide and state the review period applying to the conditions. Page 572 NY NAD UN fF WN \o ow ONY ANBW WV 21 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 2) 'B) Chapter 7 Department of Health Part 21 Amendment of Psychologists Registration Act 2001 [s 1221] If QCAT decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. QCAT must decide not to record details of the conditions mentioned in subsection (2) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details.'. Clause 1221 Amendment of sch 3 (Dictionary) d) (2) (3) Schedule 3, definition appellant— omit. Schedule 3, definition information notice, paragraphs (c) and (d)— omit, insert— '(c) that the person to whom the notice is given has a right to have the decision reviewed by QCAT; (d) how, and the period within which, the person may apply for the review; (da) the right the person has to have the operation of the decision stayed under the QCAT Act, section 22;'. Schedule 3, definition review period, 'the District Court' — omit, insert— "QCAT'. Page 573 CAND NRWNE Com AD NWN FW NY KF CO Nw ro RO NN WN Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 22 Amendment of Psychologists Registration Regulation 2002 [s 1222] Part 22 Amendment of Psychologists Registration Regulation 2002 1222 Regulation amended This part amends the Psychologists Registration Regulation 2002. 1223 Replacement of pt 4 (Appeals) Part 4— omit, insert— 'Part 4 Reviews '49 Application for review 'A person who is given, or is entitled to be given, a decision information notice for a decision may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. 1224 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions decision appellant, decision information notice and initial decision— omit. (2) Schedule 3— insert— 'decision information notice means a notice complying with the QCAT Act, section 157(2).'. Page 574 ns oO wnna WNrR © Po Oo ON AWN Nw Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 23 Amendment of Public Health Act 2005 [s 1225] Part 23 Amendment of Public Health Act 2005 1225 Act amended This part amends the Public Health Act 2005. 1226 Replacement of ch 5, pt 2, div 5 (Appeals against order to close school or child care service) Chapter 5, part 2, division 5— omit, insert— 'Division 5 Review of order to close school or child care service '182 Review of Minister's order to close school or child care service 'A person ordered by the Minister to close a school or child care service may apply, as provided under the QCAT Act, to QCAT for a review of the order.'. 1227 Replacement of s 371 (Notice about decision) Section 37 1— omit, insert— '371. Notice about decision 'As soon as practicable after deciding the application, the chief executive must give the applicant a notice that— '(a) for a decision by the chief executive to pay the amount of compensation applied for—states the decision and the reasons for it, including details of the amount of compensation to be paid and how the amount was assessed; or Page 575 oo Onn aN MBW NR ona 2325 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 24 Amendment of Public Health (Infection Control for Personal Appearance Services) Act 2003 [s 1228] (b) for a decision by the chief executive to pay 1 compensation in an amount less than the amount applied 2 for, or to not pay compensation—complies with the 3 QCAT Act, section 157(2) for the decision.'. 4 1228 Replacement of s 372 (Who may appeal) 5 Section 372— 6 omit, insert— 7 '372 Review of decision 8 'An applicant for the payment of compensation under this part 9 who is dissatisfied with the chief executive's decision to 0 refuse to pay compensation or about the amount of 1 compensation to be paid may apply, as provided under the 2 QCAT Act, to QCAT for a review of the decision.'. 3 1229 Omission of ss 373-375 Sections 373 to 375— 5 omit. Part 24 Amendment of Public Health 17 (Infection Control for Personal 18 Appearance Services) Act 2003 19 1230 Act amended 20 This part amends the Public Health (Infection Control for 21 Personal Appearance Services) Act 2003. 22 Page 576 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 24 Amendment of Public Health (Infection Control for Personal Appearance Services) Act 2003 [s 1231] Clause 1231 Amendment of pt 7, hdg (Reviews and appeals) Part 7, heading, 'and appeals' — omit. Clause 1232 Amendment of s 119 (Appeal process starts with internal review) (1) Section 119, heading, 'Appeal'— omit, insert— 'Review'. (2) Section 119(1), 'appeal against the decision' — omit, insert— 'have the decision reviewed'. (3) Section 119(2), 'appeal'— omit, insert— 'review'. Clause 1233 Amendment of s 122 (Review decision) (1) Section 122(2), '(the review notice)' — omit. (2) Section 122(3), from 'review notice'— omit, insert— 'notice must be a QCAT information notice.'. (3) Section 122(4), after 'notice'— insert— 'mentioned in subsection (2)'. Page 577 Co mON WD Ns WN KF CO omni nn 2123 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 24 Amendment of Public Health (Infection Control for Personal Appearance Services) Act 2003 [s 1234] (4) Section 122(5), 'an appeal to the court'— omit, insert— "a review of the review decision by QCAT"'. (5) Section 122(6), 'an appeal to the court'— omit, insert— "a review of the review decision by QCAT"'. Clause 1234 Omission of s 123 (Stay of operation of decision) Section 123— omit. Clause 1235 Replacement of pt 7, div 2, hdg (Appeals) Part 7, division 2, heading— omit, insert— 'Division 2 External review of decisions'. Clause 1236 Amendment of s 124 (Who may appeal) (1) Section 124, heading, 'appeal'— omit, insert— 'apply for external review'. (2) Section 124, from 'appeal to'— omit, insert— 'apply, as provided under the QCAT Act, to QCAT for a review of the review decision.'. Clause 1237 Omission of ss 125-130 Sections 125 to 130— omit. Page 578 Dn nn fF WN on Ww NF oO Po Oo WAN HD WN Nw RO NN WN Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 25 Amendment of Radiation Safety Act 1999 [s 1238] Clause 1238 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition review notice— omit. (2) Schedule 2— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Part 25 Amendment of Radiation Safety Act 1999 Clause 1239 Act amended This part amends the Radiation Safety Act 1999. Clause 1240 Amendment of s 136 (Dealing with forfeited things etc.) Section 136(4), from 'outcome'— omit, insert— 'outcome of a review applied for under part 10 of which the chief executive is aware.'. Clause 1241 Amendment of pt 10, hdg (Reviews and appeals) Part 10, heading, 'and appeals' — omit. Page 579 NAD WN BW NN Dun fF Wh Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 25 Amendment of Radiation Safety Act 1999 [s 1242] Clause 1242 Amendment of s 182 (Appeal process starts with internal review) d) (2) (3) Section 182, heading, 'Appeal' — omit, insert— 'Review'. Section 182(1), 'appeal against the decision' — omit, insert— 'apply for review of the decision'. Section 182(2), 'appeal' — omit, insert— 'review'. Clause 1243 Amendment of s 186 (Review decision) d) (2) (3) (4) (5) Page 580 Section 186(2), '(the review notice)' — omit. Section 186(3), from 'review notice'— omit, insert— 'notice must be a QCAT information notice for the decision.'. Section 186(4), after 'notice' — insert— 'mentioned in subsection (2)'. Section 186(5), 'an appeal to the court'— omit, insert— "a review of the review decision by QCAT"'. Section 186(6), 'an appeal to the court'— omit, insert— "a review of the review decision by QCAT"'. oOomrANI DN FW WN Kb NYY VY NY YW nn BR wWN KF OS Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 25 Amendment of Radiation Safety Act 1999 [s 1244] Clause 1244 Omission of s 187 (Stay of operation of decision) Section 187— omit. Clause 1245 Replacement of pt 10, div 2, hdg (Appeals) Part 10, division 2, heading— omit, insert— 'Division 2 External review of decisions'. Clause 1246 Amendment of s 188 (Who may appeal) (1) Section 188, heading, 'appeal'— omit, insert— 'apply for external review'. (2) Section 188, from 'appeal to'— omit, insert— 'apply, as provided under the QCAT Act, to QCAT for a review of the review decision.'. Clause 1247 Omission of ss 189-194 Sections 189 to 194— omit. Clause 1248 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition review notice— omit. (2) Schedule 2— insert— Page 581 co ow NAW Fs nk WN KF © a 2123 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 26 Amendment of Speech Pathologists Registration Act 2001 [s 1249] 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Part 26 Amendment of Speech Pathologists Registration Act 1249 Act amended This part amends the Speech Pathologists Registration Act 2001. 1250 Amendment of s 5 (Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999) Section 5(2), 'the Health Practitioners Tribunal'— omit, insert— "QCAT'. 1251 Amendment of s 49 (Use of assessment report) Section 49(4), definition stated proceedings, paragraph (b)— omit, insert— "(b) areview by QCAT under part 6; or'. 1252 Amendment of pt 3, div 7, sdiv 1, hdg (Review of conditions imposed by the board or District Court) Part 3, division 7, subdivision 1, heading, 'District Court' — omit, insert— 'QCAT'. Page 582 on kW NY FO aonrnnn 21 23 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 26 Amendment of Speech Pathologists Registration Act 2001 [s 1253] 1253 Amendment of s 89 (How registrant may start a review) Section 89(2)(b)— omit, insert— '(b) while a review by QCAT of the decision to impose the conditions is pending.'. 1254 Amendment of s 162 (Dealing with forfeited things etc.) (1) Section 162(3)(a)— omit, insert— '(a) areview by QCAT under section 176(1); or'. (2) Section 162(3)(b), 'another' — omit, insert— San? an. 1255 Replacement of pt 6 (Appeals) Part 6— omit, insert— 'Part 6 Reviews by QCAT '176 Who may apply for a review ') A person who is given, or is entitled to be given, an information notice for a decision (the original decision) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. '(2) To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. Page 583 Db onmonna nk WN non nn fF W 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 7 Department of Health Part 26 Amendment of Speech Pathologists Registration Act 2001 [s 1256] '177 Particular matters relating to powers of QCAT ") 2) 'B) If on the review of an original decision QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 7, decide and state the review period applying to the conditions. If QCAT decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. QCAT must decide not to record details of the conditions mentioned in subsection (2) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details.'. Clause 1256 Amendment of sch 3 (Dictionary) d) (2) Page 584 Schedule 3, definition appellant— omit. Schedule 3, definition information notice, paragraphs (c) and (d)— omit, insert— '(c) that the person to whom the notice is given has a right to have the decision reviewed by QCAT; (d) how, and the period within which, the person may apply for the review; (da) the right the person has to have the operation of the decision stayed under the QCAT Act, section 22;'. Com ADDN FP WYN DANnNKRW NK O 21 24 26 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 1257] (3) Schedule 3, definition review period, 'the District Court'— omit, insert— "QCAT'. Chapter 8 Department of Infrastructure and Planning Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008 Clause 1257 Act amended This part amends the Animal Management (Cats and Dogs) Act 2008. Clause 1258 Amendment of s 127 (Power to destroy seized regulated dog) (1) Section 127(6), 'review application' — omit, insert— 'application for internal review'. (2) Section 127(7), 'for review' — omit, insert— 'for internal review'. (3) Section 127(7)(a), 'the review' — omit, insert— 'the internal review'. Page 585 oOo mrnN Dn fF WH Nw WY NF Oo Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 1259] (4) Section 127(7)(b), 'an appeal has been made against the order' — omit, insert— "external review of the order has been made'. (5) Section 127(8), 'an appeal is made relating to the order' — omit, insert— 'an application for external review of the order is made'. (6) Section 127(8)(a), 'the appeal'— omit, insert— 'the external review'. 1259 Amendment of s 131 (Return of regulated dog to registered owner) Section 131(3)(a)— omit, insert— '(a) if a destruction order has been made for the dog—an application for internal review or external review of the order is made and, as a result of the review, the order is no longer in force;'. 1260 Amendment of ch 8, hdg (Reviews and appeals) Chapter 8, heading, 'and appeals' — omit. 1261 Amendment of ch 8, pt 1, hdg (Review of decisions) Chapter 8, part 1, heading, 'Review' — omit, insert— 'Internal review' . Page 586 Co mMmrnNnN nN BW NK CDADN FW NK 21 2325 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 1262] Clause 1262 Replacement of s 180 (Appeal process starts with review) Section 180— omit, insert— '180 Internal review process before external review 'Every review of an original decision must be, in the first instance, by way of an application for internal review.' . Clause 1263 Amendment of s 181 (Who may apply for review) d) (2) Section 181, heading, 'review' — omit, insert— 'internal review' . Section 181, 'a review' — omit, insert— 'an internal review'. Clause 1264 Amendment of s 184 (Stay of operation of original decision) (1) Section 184(2)— omit, insert— '(2) However the applicant may, immediately after being given the information notice for the original decision, apply, as provided under the QCAT Act, to QCAT for a stay of the original decision.'. (2) Section 184(3)— omit, insert— "(3) QCAT may stay the original decision to secure the effectiveness of the internal review and a later application to QCAT for external review.'. (3) Section 184(4), 'the court'— omit, insert— Page 587 Dun WN Ww NF Oo iS) SCOmDMN WD WF 222528 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 1265] (4) (5) "QCAT'. Section 184(5), 'the appeal is'— omit, insert— 'the internal review and any external review and appeal are'. Section 184(6)(a) and (b)— omit, insert— '(a) if the chief executive makes a PID review decision about the original decision—the chief executive makes the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision; or (b) if the chief executive officer of a local government makes an internal review decision about the original decision—the chief executive officer makes the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision.'. Clause 1265 Amendment of s 185 (PID review decision) d) (2) Section 185(1)(a), 'a review' — omit, insert— 'an internal review'. Section 185, 'appeal' — omit, insert— 'application for external review' . Clause 1266 Amendment of s 186 (Other review decisions) d) Page 588 Section 186, heading, 'review' — omit, insert— 'internal review' . CMAN DN BP WN AYADNBRWN KF OS \o ow 21232628 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 (2) (3) (4) (4) "O) Chapter 8 Department of Infrastructure and Planning Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 1267] Section 186(1)(a), 'a review' — omit, insert— 'an internal review'. Section 186(1)(b), 'the review decision' — omit, insert— 'the internal review decision'. Section 186(4) and (5)— omit, insert— If the internal review decision confirms the original decision, for the purpose of an application for external review, the original decision is taken to be the internal review decision. If the internal review decision amends the original decision, for the purpose of an application for external review, the original decision as amended is taken to be the internal review decision.'. Clause 1267 Amendment of s 187 (Notice of PID decision or review decision) d) (2) 2) 'B) Section 187, heading, 'review' — omit, insert— 'internal review'. Section 187(2) and (3)— omit, insert— The chief executive officer of a local government must, within 10 days after making an internal review decision, give the applicant notice (also the review notice) of the internal review decision. If the internal review decision or PID review decision is not the decision sought by the applicant, the review notice must include or be accompanied by a notice complying with the QCAT Act, section 157(2) for the decision.'. Page 589 omrnNI DNDN WN nARWN FO o OND 212426 2830 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 1268] (3) Section 187(4) and (5), 'review decision' — omit, insert— 'decision'. 1268 Replacement of ch 8, pt 2 (Appeals) 'Part 2 Chapter 8, part 2— omit, insert— External reviews "188 Who may apply for external review 'A person who is given, or is entitled to be given, a review notice for a decision under part 1 may apply, as provided under the QCAT Act, for an external review of the decision. "189 Condition on stay granted by QCAT for particular decisions ") 2) Page 590 This section applies if a person makes an application for external review to QCAT for a decision about a regulated dog declaration. If, under the QCAT Act, section 22(3) QCAT decides to grant a stay of the decision, QCAT must impose a condition on the stay that each of the following persons must, until the external review is decided, ensure the requirements under schedule 1, section 3 are complied with for the dog the subject of the declaration— (a) the owner of the dog; (b) aresponsible person for the dog. Note— See schedule 1, section 3 (Muzzling and effective control in public) and also sections 66 (Prohibition on supply of restricted dog) and 67 (Prohibition on supply of declared dangerous dog or menacing dog).'. NY Duns \o ow NY SCOmMNI ANA WH 22 24 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 2 Amendment of Building Act 1975 [s 1269] Clause 1269 Amendment of sch 2 (Dictionary) d) (2) (3) (4) Part 2 Schedule 2, definition review decision— omit. Schedule 2— insert— 'external review, for a decision, means a review of the decision by QCAT under the QCAT Act. internal review decision see section 186(1)(b).'. Schedule 2, definition information notice, paragraph (b), 'a review against' — omit, insert— 'an internal review of'. Schedule 2, definition information notice, paragraph (c), 'review' — omit, insert— 'internal review'. Amendment of Building Act Clause 1270 Act amended This part amends the Building Act 1975. Clause 1271 Amendment of s 171 (Power to amend, cancel or suspend licence) Section 171— insert— Page 591 COC WMOANID MN FP WN Dn nn BW N KF CO 18 20 22 24 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 2 Amendment of Building Act 1975 [s 1272] '(3) To remove any doubt, it is declared that BSA can not, under subsection (1), amend, cancel or suspend the certifier's licence if BSA considers the building certifier is not a suitable person to hold a licence because of unsatisfactory conduct or professional misconduct. Note— For conduct mentioned in subsection (3), see part 4 (Complaints, investigations and disciplinary proceedings relating to building certifiers).'. 1272 Amendment of s 179 (Register of building certifiers) Section 179(3)(e), 'Commercial and Consumer Tribunal'— omit, insert— 'tribunal'. 1273. Amendment of s 189 (Appeals to Commercial and Consumer Tribunal about decisions under pt 3) (1) Section 189, heading, 'Commercial and Consumer Tribunal' — omit, insert— 'tribunal'. (2) Section 189(2) and (3)— omit, insert— '(2) The person may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. 1274 Amendment of s 204 (Decision after investigation or audit completed) Section 204(6), 'Commercial and Consumer Tribunal'— omit, insert 'tribunal'. Page 592 COMI HD NKRWNK Ww NF Oo Co WAND NFS 21 23 25 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 2 Amendment of Building Act 1975 [s 1275] Clause 1275 Amendment of s 205 (Review of BSA's decision) (1) Section 205(2), from 'apply' — omit, insert— 'apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. (2) Section 205(3)— omit. Clause 1276 Amendment of s 206 (Show cause notice) Section 206(1), 'Commercial and Consumer Tribunal'— omit, insert— 'tribunal'. Clause 1277 Amendment of s 207 (Representations and decision) Section 207(2)(b), 'Commercial and Consumer Tribunal'— omit, insert— 'tribunal'. Clause 1278 Amendment of s 208 (Commercial and Consumer Tribunal may conduct disciplinary proceeding) (1) Section 208, heading, 'Commercial and Consumer' — omit. (2) Section 208(1), 'Commercial and Consumer Tribunal'— omit, insert— 'tribunal'. (3) Section 208— insert— Page 593 ND UB WN \o ow na kWh Co OND 2123 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 2 Amendment of Building Act 1975 [s 1279] '(3) An application under subsection (1) must be made as provided under the QCAT Act.'. 1279 Replacement of s 209 (Application of Tribunal Act to disciplinary proceeding) Section 209— omit, insert— '209 Constitution of tribunal for disciplinary proceeding '(1)_ For a proceeding under section 208, if the president of the tribunal under the QCAT Act considers it appropriate, the president may choose the following persons to constitute the tribunal— (a) 1 legally qualified member under the QCAT Act; (b) 1 senior member or ordinary member who has special knowledge of the building certification industry and the administration of this Act; (c) 1 other senior member or ordinary member. "(2) In this section— ordinary member means an ordinary member under the QCAT Act. senior member means a senior member under the QCAT Act.'. 1280 Amendment of s 210 (Notification of disciplinary proceeding) Section 210(3), 'Commercial and Consumer Tribunal'— omit, insert— 'tribunal'. Page 594 NOR OoOmA NI nN NN SW Po ODN DA UPW NY KO NN Nw WN Ro NK WY Nn Nn Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 1281 Clause 1282 Clause 1283 Chapter 8 Department of Infrastructure and Planning Part 2 Amendment of Building Act 1975 [s 1281] Amendment of s 211 (Orders relating to current building certifier) (1) Section 211(1), 'Commercial and Consumer Tribunal'— omit, insert— 'tribunal'. (2) Section 211(9), 'under section 53 of the Tribunal Act'— omit. Amendment of s 212 (Orders relating to former building certifier) (1) Section 212(1), 'Commercial and Consumer Tribunal'— omit, insert— 'tribunal'. (2) Section 212(10), 'under section 53 of the Tribunal Act'— omit. Amendment of s 213 (Consequences of failure to comply with Commercial and Consumer Tribunal's orders and directions) (1) Section 213, heading, 'Commercial and Consumer Tribunal's'— omit, insert— 'tribunal's'. (2) Section 213, 'Commercial and Consumer Tribunal' — omit, insert— 'tribunal'. Page 595 \o RW NY FF CO COW NAN 2123 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 2 Amendment of Building Act 1975 [s 1284] Clause 1284 Amendment of s 214 (Recording details of orders) Section 214(b), 'Commercial and Consumer Tribunal'— omit, insert— 'tribunal'. Clause 1285 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions Commercial and Consumer Tribunal, information notice and Tribunal Act— omit. (2) Schedule 2— insert— 'information notice, for a decision, means— (a) if the decision may be appealed under IPA—a notice stating— (i) | the decision, and the reasons for it; and (ii) all rights of appeal against the decision under IPA; and (iii) how the rights are to be exercised; or (b) if an application may be made to the tribunal for a review of the decision—a notice complying with the QCAT Act, section 157(2) for the decision. tribunal means QCAT.'. (3) Schedule 2, definition former building certifier, paragraph (b)(ii), 'Commercial and Consumer Tribunal' — omit, insert— 'tribunal'. Page 596 BR WN omrAnnnN COM N AN FP WN KF CO NY WY — NN WN NY N nn & Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 3 Amendment of Local Government Act 1993 [s 1286] (4) Schedule 2, definition professional misconduct, paragraph (c), 'Commercial and Consumer Tribunal'— omit, insert— 'tribunal'. Part 3 Amendment of Local Government Act 1993 Clause 1286 Act amended This part amends the Local Government Act 1993. Clause 1287 Amendment of s 939 (Decision on application for permission) Section 939— insert— '(3) If the permission is refused or is subject to conditions, the written notice must be accompanied by a QCAT information notice for the decision. '(4) A local government must give a QCAT information notice for a decision about an application only if subsection (3) so requires.'. Clause 1288 Amendment of s 940 (Issue of permit) Section 940(3)— omit, insert— '(3) However, if an application for review is made within the 30 days, a permit may be issued only if— Page 597 BW NF AAD NBW NY KF CO 21 23 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 3 Amendment of Local Government Act 1993 [s 1289] (a) _ the decision on the application for review confirms the giving of the permission, with or without conditions, or with changed conditions, applying to the permission; or (b) _ the application for review is refused or discontinued.'. 1289 Replacement of ch 13, pt 5, div 3 (Appeals) Chapter 13, part 5, division 3— omit, insert— 'Division 3 Review by QCAT '942 Who may apply for review 'A person dissatisfied by a decision of a local government on an application may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. 1290 Amendment of s 996 (Amendment of land record) (1) Section 996(2), 'written notice of'— omit, insert— 'a QCAT information notice for'. (2) Section 996— insert— '(3) A local government must give a QCAT information notice for an amendment of a land record only if subsection (2) so requires.'. 1291 Replacement of ch 14, pt 4, div 2 (Appeal against amendment of land record) Chapter 14, part 4, division 2— omit, insert— Page 598 BR WNFR aoarnannan NRO Nw Poo WON DUN fF WwW NN WN NY N na & Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 3 Amendment of Local Government Act 1993 [s 1292] 'Division 2 Review of decisions by QCAT to amend land record '999 Who may apply for review 'A person dissatisfied by an amendment of a land record, other than a removal of land under section 1051A, may apply, as provided under the QCAT Act, to QCAT for a review of the amendment. '1000 Powers of QCAT on review 'In deciding the review, QCAT may— (a) confirm the amendment; or (b) set aside the amendment and order the particulars previously contained in the land record be restored.' . 1292 Amendment of s 1130 (Personnel practices) Section 1130(2) and (3)— omit. 1293 Insertion of new ch 16, pt 3A Chapter 16— insert— 'Part 3A Equal opportunity of employment 'Division 1 Purpose of part and related matters "1137A Purpose and role of EEO '(1)_ The purpose of this part is to promote equality of employment opportunity in local governments. Page 599 ADM W N \o ow o wnna 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 3 Amendment of Local Government Act 1993 [s 1293] '(2) Equality of employment opportunity enhances the capacity of local governments to achieve their objectives by— (a) (b) improving organisational efficiency and productivity through the selection and employment of the best and most talented people; and fulfilling the social justice obligations of equity and fairness; and Note— The social justice obligations of equity and fairness are based on the idea that all people should be able to compete for employment on the basis of the ability to do the job. increasing the effectiveness of service delivery and decision-making by adopting an employee profile more accurately reflecting the community profile. "1137B How purpose is to be achieved '(1)_ The purpose of this part is to be achieved by— 2) Page 600 (a) (b) (c) requiring each local government to develop an EEO management plan complying with subsection (2); and requiring each local government to implement its EEO management plan under division 3; and establishing procedures to monitor compliance with the requirements. An EEO management plan must be capable of— (a) enabling members of the target groups to do the following as effectively as people who are not members of the target groups— (i) compete for recruitment, selection, promotion and transfer in the particular local government; (ii) pursue careers in the particular local government; and COM ANID NPW NE BRWN FO mar nn 22 2528 30 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 3 Amendment of Local Government Act 1993 [s 1293] (b) eliminating unlawful discrimination by the particular local government or its employees against members of the target groups in employment matters. "1137C Merit principle reinforced 'Nothing in this part is taken to require an action incompatible with the principle that recruitment, selection, promotion and transfer are to be dealt with on the basis of merit. "1137D Exemption from compliance with this part '(1)_ The Minister may exempt a local government from complying with a requirement under this part if the Minister considers— (a) the local government should have fewer than 40 employees; and (b) _ the likely benefits to the local government of adopting and implementing an EEO management plan under this part are outweighed by the likely financial and administrative costs to the local government of adopting and implementing the plan. '(2) If the Minister, after considering the criteria set out in subsection (1), exempts the local government from complying with this part, the local government must comply with any conditions of the exemption. 'Division 2 Development of equal employment opportunity management plan "1137E Local government to develop EEO management plan "1)_ A local government must develop an EEO management plan to ensure appropriate action is taken by it— (a) to promote equal employment opportunity for members of the target groups in employment matters; and Page 601 WNrR NAAN fF \o ow Nw PoOoOm IADMBPW NK CO NN WN 26 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 3 Amendment of Local Government Act 1993 [s 1293] (b) to eliminate unlawful discrimination by it against members of the target groups in employment matters. '(2) The EEO management plan must be developed in time for implementation of the plan to begin when the local government's corporate plan is adopted. '(3) A regulation may prescribe how a local government must develop its EEO management plan on an ongoing basis. 'Division 3 Implementation of plan "1137F Local government to give effect to EEO management plan 'A local government must take any action necessary to implement its EEO management plan. "1137G Employment powers to be exercised having regard to EEO management plan 'A person who exercises powers relating to employment matters in a local government must have regard to the local government's EEO management plan in exercising the powers. 'Division 4 Supervision by chief executive "1137H Chief executive may take action if dissatisfied with EEO management '(1)_ This section applies if the chief executive is dissatisfied with any matter relating to the action taken by a local government— (a) to promote equal employment opportunity for members of the target groups; or (b) to eliminate unlawful discrimination by the local government against members of the target groups. Page 602 NAD NRW NK N CAADMN LW 21 2326 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 3 Amendment of Local Government Act 1993 [s 1293] '(2) The chief executive may, by written notice, recommend to the local government's chief executive officer the action the local government should take to overcome the dissatisfaction. '(3) The notice must state the period within which the action the chief executive officer recommends be taken. "11371 Local government to comply with recommendation unless chief executive notified 'A local government must comply with a notice given to its chief executive officer under section 1137H(2) within the period stated for the action unless the chief executive officer gives the chief executive written notice of the local government's reason for not complying with the recommendation. "1137J Chief executive's power if local government does not act or give satisfactory reasons '(1) _ This section applies if the chief executive is not satisfied— (a) the local government has taken the action the chief executive has recommended within the period stated for the action; or (b) about the local government's reasons given in its notice for not complying with the recommendation. '(2) The chief executive may— (a) report the matter to the Minister; or (b) refer the matter, as provided under the QCAT Act, to QCAT to give a report. Page 603 on NOW nk WNrR WNrO OMAN HD WF 2225 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 3 Amendment of Local Government Act 1993 [s 1293] 'Division 5 Supervision by QCAT "1137K QCAT's powers for an investigation ") 2) When investigating a referral made under section 1137J(2)(b), QCAT may require the particular local government or its chief executive officer— (a) to answer a question; or (b) to give QCAT information; or (c) to produce to QCAT a document or other thing; or (d) to give QCAT a copy of a document. A requirement under subsection (1) must— (a) be in writing; and (b) state or describe the information, document or thing required; and (c) state a reasonable period for compliance. '1137L End of reference ") 2) At the end of a referral, QCAT must give the following persons a report, with or without recommendations— (a) the relevant chief executive officer of the local government; (b) the chief executive. The chief executive must give the Minister a copy of the report as soon as practicable after receiving it. "1137M Recommendation may be to amend EEO management plan Page 604 'QCAT may, in its report under section 1137L, recommend that a local government amend its EEO management plan in a particular way. e Co mN WD WNW WN WN KF OO COM ND WN 22 24 26 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 3 Amendment of Local Government Act 1993 [s 1294] "1137N Local government to comply with recommendation 'A local government must comply with a recommendation given in a report under section 1137L(1). 'Division 6 Tabling of reports and review of division '11370 Minister may table report 'The Minister may table in the Legislative Assembly a report given to the Minister under section 1137J(2)(a) or 1137L(2).'. 1294 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition information notice— omit. (2) Schedule 2— insert— 'EEO management plan means an equal employment opportunity management plan required under section 1137E. employment matters means any matter about the employment of an employee, including the following— (a) recruitment procedure and selection criteria, for appointment or engagement of a person as an employee; (b) promotion and transfer of an employee; (c) training and staff development for an employee; (d) terms of service and separation of an employee. QCAT information notice means a notice complying with the QCAT Act, section 157(2). target group means any of the following— (a) Aborigines or Torres Strait Islanders; Page 605 WN Com AD NH WN KF CO Nw WY NF Oo NN BW NSN n wn Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 4 Amendment of Local Government Regulation 2005 [s 1295] (b) people who have migrated to Australia and whose first language is a language other than English, and the children of those people; (c) people with a physical, sensory, intellectual or psychiatric disability, whether the disability presently exists or previously existed but no longer exists; (d) persons of the female sex, irrespective of age. unlawful discrimination means discrimination that is unlawful under the Anti-Discrimination Act 1991. . Part 4 Amendment of Local Government Regulation 2005 1295 Regulation amended This part amends the Local Government Regulation 2005. 1296 Replacement of pt 14, div 1 (Equal opportunity of employment) Part 14, division 1— omit, insert— 'Division 1 Equal opportunity of employment 51 Steps to be followed in ongoing development of EEO management plan—Act, s 1137E(3) 'A local government must take the following steps in developing its EEO management plan on an ongoing basis— Step 1—Issue policy statement and keep employees informed Inform employees of the local government's EEO policy and the results of monitoring and evaluating, under step 8, the Page 606 COMA NY DANK WNK w ona Wns 22 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 4 Amendment of Local Government Regulation 2005 [s 1296] implementation of the local government's EEO management plan. Step 2—Nominate person to have EEO responsibility Give responsibility for developing, implementing and continuous reviewing of the EEO management plan to a person who has, or persons who have, sufficient authority and status within the management of the local government to enable the person or persons to properly do so. Step 3—Consult with trade unions Consult with the trade unions that have members who are, or will be, affected by the EEO management plan about developing and implementing the plan. Step 4—Consult with employees Consult with the local government's employees, particularly employees who are members of the target groups, about developing and implementing the EEO management plan. Step 5—Collect statistics Collect and record statistics and related information about— (a) the number of employees who are members of the target groups; and (b) _ the salary stream and level of the employees. Step 6—Review policies and practices Examine the local government's policies and practices about employment matters to identify— (a) patterns (including patterns identified statistically) of inequality of opportunity for members of the target groups; and (b) policies or practices unlawfully discriminating against members of the target groups. Step 7—Set objectives and implementation strategy Set qualitative and quantitative objectives consistent with the purposes of this regulation and develop a strategy for Page 607 COC MAONDMNHP WNK er aunsk WNrK CO iS) ow NN Noe NN BW NNN NAN NW ow ww Oo W WwW Nok Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 4 Amendment of Local Government Regulation 2005 [s 1296] implementing the EEO management plan to achieve the objectives. Step 8—Assess implementation Monitor and evaluate the implementation of the EEO management plan to assess whether the objectives have been achieved. '62 Local government's activities to implement EEO management plan 'For section 534(1)(1) of the Act, the following information is prescribed— (a) (b) (c) (d) Page 608 statistics for at least the last 3 years about the number of employees who are members of the target groups and the salary stream and level of the employees; information about consultation with the following groups and the outcome of the consultation— (i) trade unions that have members who are, or will be, affected by the EEO management plan; (ii) the local government's employees, particularly employees who are members of the target groups; information about activities undertaken by the local government during the past year to eliminate unlawful discrimination against, or harassment of, the local government's employees; information about the local government's forward plan for implementing its EEO management plan for the next financial year; information about any other activities undertaken by the local government to create a positive work environment for the local government's employees.'. Dunk WNe on \o COMA AD NH WNKY CO NNNWW WNrRO NNN one Nwuny 'oon Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 5 Amendment of Plumbing and Drainage Act 2002 [s 1297] 1297 Amendment of sch 7 (Dictionary) Schedule 7, definitions Anti-Discrimination Tribunal, EEO management plan, employment matters, target group and unlawful discrimination— nN BWN omit. Part 5 Amendment of Plumbing and 6 Drainage Act 2002 7 1298 Act amended 8 This part amends the Plumbing and Drainage Act 2002. 9 1299 Amendment of s 20 (Times and places of meetings) Section 20(3), 'secretary' — omit, insert— Ww NF Oo 'registrar'. 1300 Amendment of s 29 (Officers, employees and agents) Section 29, 'secretary'— omit, insert— NAW sf 'registrar'. 1301 Amendment of s 29A (Delegation by secretary) \o wo (1) Section 29A, 'secretary' — omit, insert— 20 'registrar'. 21 (2) Section 29A, 'secretary's'— 22 Page 609 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 5 Amendment of Plumbing and Drainage Act 2002 [s 1302] omit, insert— 'registrar's'. 1302 Amendment of s 30 (Authentication of documents) Section 30, 'secretary'— omit, insert— 'registrar'. 1303 Amendment of s 55 (How licensee may start review) Section 55(2)(b), 'the Commercial and Consumer Tribunal'— omit, insert— "QCAT'. 1304 Insertion of new pt 3, div 7, sdiv 1, hdg After part 3, division 7, heading— insert— 'Subdivision 1 Grounds'. 1305 Amendment of s 64 (Grounds for discipline) Section 64, 'The board'— omit, insert— 'Subject to section 70A, the board'. 1306 Insertion of new pt 3, div 7, sdiv 2, hdg After section 64— insert— 'Subdivision 2 Action by board about disciplinary matters'. Page 610 nn WwW N on BR WN Re orninawn 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 5 Amendment of Plumbing and Drainage Act 2002 [s 1307] Clause 1307 fren ent of s 65 (Disciplinary action that may be taken Section 65— omit, insert— "65 Disciplinary action that may be taken by board 'In disciplining a licensee, after complying with section 66(1) the board may do any 1 or more of the following— (a) reprimand the licensee; (b) for plumbing or drainage work—order that the work be rectified to comply with the Standard Plumbing and Drainage Regulation; (c) impose new conditions, or change conditions, on the licence; (d) suspend the licensee's licence for a period of not more than 12 months; (e) require the licensee to pay to the board a stated amount of not more than the equivalent of 60 penalty units.'. Clause 1308 Amendment of s 66 (Show cause notice) d) ") (2) Section 66(1)— omit, insert— If the board believes a ground exists to act under section 65 or to refer a disciplinary matter to QCAT under section 70A, the board must, before taking the action or making a referral under section 70A in relation to the matter, give the licensee a notice (a show cause notice). . Section 66(2)(a), after 'section 65(2)'— insert— 'or refer the matter to QCAT under section 70A'. Page 611 CMO AD NN BPW NE AD NH WN KO \o ow 222427 Queenslai nd Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 5 Amendment of Plumbing and Drainage Act 2002 [s 1309] (3) Section 66(2)(c), after 'taken' — Clause 1309 Clause 1310 insert— 'or the referral should not be made'. Amendment of s 68 (Board must decide action to be taken) Section 68— insert— '(c) if section 70A applies, refer the disciplinary matter to QCAT.. Amendment of s 69 (Board must advise licensee of its decision) Section 69(1)— omit, insert— "(1) If the board decides to take no further action about the matter, Clause 1311 or to refer the matter to QCAT, the board must give the licensee written notice of the decision.'. Amendment of s 70 (When suspension or cancellation takes effect) (1) Section 70, heading, 'or cancellation' — omit. (2) Section 70, from 'or cancels' to 'or cancelled' — Page 612 omit, insert— 'the licensee's licence, the licence is suspended'. Com NY WD WS Ant WN KO \o ON 2123 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 5 Amendment of Plumbing and Drainage Act 2002 [s 1312] 1312 Insertion of new pt 3, div 7, sdiv 3 After section 70— insert— 'Subdivision 3 —_ Referral to QCAT of particular proposed suspensions or proposed cancellations '70A Board to refer particular disciplinary matters to QCAT '(1) This section applies if, after complying with section 66(1), the board is reasonably satisfied, for a licensee, that— (a) aground exists to act under section 65; and (b) it would be reasonable in the circumstances to take the following disciplinary action— (i) suspend the licensee's licence for more than 12 months; (ii) cancel the licensee's licence. '(2) The board must refer the matter, as provided under the QCAT Act, to QCAT to decide whether or not to make an order against the licensee in relation to the ground. '70B_ Constitution of QCAT '(1) For the referred matter QCAT must be constituted by 3 members. "(2) The members must include— (a) 1 legally qualified member under the QCAT Act; and (b) 1 member who has at least 10 years experience in the plumbing and drainage industry. Page 613 Dn WN ~ \o CID NAN FW NY CO 21 23 25 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 5 Amendment of Plumbing and Drainage Act 2002 [s 1313] '70C Disciplinary orders by QCAT 'If, after hearing the matter, QCAT decides a ground for disciplinary action against a licensee is established, it may do 1 or more of the following— (a) (b) (c) (d) (e) (f) reprimand the licensee; for plumbing or drainage work—order that the work be rectified to comply with the Standard Plumbing and Drainage Regulation; impose new conditions, or change conditions, on the licence; suspend the licensee's licence for the period decided by QCAT; cancel the licensee's licence; order the licensee to pay to the board a stated amount of not more than the equivalent of 165 penalty units.'. 1313 Insertion of new pt 3, div 7, sdiv 4, hdg Before section 71— insert— 'Subdivision 4 Miscellaneous'. 1314 Amendment of s 71 (Returning suspended or cancelled licence to board) Section 71(1), after 'If the board'— insert— 'or QCAT'. 1315 Amendment of s 129 (Applying for a review) (1) Section 129(2)— omit, insert— Page 614 CO AOND NN PWN nk W NK CO o wna 2224 26 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 5 Amendment of Plumbing and Drainage Act 2002 [s 1316] '(2) The applicant or licensee may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. (2) Section 129(3)— omit. 1316 Replacement of s 130 (Review of decision) Section 130— omit, insert— '130 Requirement for particular review decision '(1) This section applies to the review of a decision by QCAT if, as part of its decision, QCAT decides to impose conditions on a licence. '(2) QCAT must decide and state the review period applying to the conditions.'. 1317 Omission of s 131 (Powers of Commercial and Consumer Tribunal when reviewing) Section 131— omit. 1318 Amendment of s 135 (Appointments and authority) Section 135, 'secretary'— omit, insert— 'registrar'. 1319 Amendment of s 136 (Signatures) Section 136, 'secretary'— omit, insert— 'registrar'. Page 615 oWmrnNn nn RW Ne WN FO ND Ws \o wo 21 2325 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 8 Department of Infrastructure and Planning Part 5 Amendment of Plumbing and Drainage Act 2002 [s 1320] 1320 Amendment of s 137 (Evidentiary provisions) Section 137, 'secretary'— omit, insert— 'registrar'. 1321 Insertion of new pt 10, div 5 Part 10— insert— 'Division 5 Transitional provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 '174 Definitions for div 5 'In this division— commencement means the commencement of this section. previous, if followed by a provision number, means the provision of that number in force before the commencement. Note— See also the QCAT Act, chapter 7. '175 Application of s 70A ') This section applies if, immediately before the commencement, the board— (a) had given a show cause notice to a licensee under previous section 66; but (b) had not advised the licensee of its decision under previous section 69. Page 616 BR WN om rntinwn COW ANID NN FW 22 24 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 2) Chapter 8 Department of Infrastructure and Planning Part 5 Amendment of Plumbing and Drainage Act 2002 [s 1322] From the commencement, the board must comply with section 70A in relation to the licensee. '176 Registrar of Plumbers and Drainers Board ") 2) This section applies to the person who was the secretary of the Plumbers and Drainers Board immediately before the commencement. The person is taken to have been appointed as registrar of the board under section 29(1).'. Clause 1322 Amendment of schedule (Dictionary) d) (2) (3) Schedule, definition secretary— omit. Schedule— insert— 'registrar means the person holding office under an appointment made under section 29.'. Schedule, definition information notice, paragraph (a)— omit, insert— '(a) for a decision of the board under part 3, a notice complying with the QCAT Act, section 157(2) for the decision, and stating the following— (i) if the decision is that a person be licensed on conditions—the review period applying to the conditions; (ii) if the decision is that a licence be renewed or restored—the review period applying to the conditions; (iii) if the decision is that the conditions imposed on a licence be confirmed—the review period applying to the confirmed conditions; Page 617 AAI ANA W N \o NY SCOMmA AN DUN WN KF CO NNW WNre NNW Nuns Nwun oon Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 1 Amendment of Acts Interpretation Act 1954 [s 1323] (iv) if the decision is that the conditions imposed on a licence be changed— (A) the review period applying to the changed conditions; and (B) a direction to the licensee to return the licence to the board within 10 business days after receiving the information notice; or'. (4) Schedule, definition review period, 'the Commercial and Consumer Tribunal' — omit, insert— "QCAT'. Chapter 9 Department of Justice and Attorney-General Part 1 Amendment of Acts Interpretation Act 1954 1323 Act amended This part amends the Acts Interpretation Act 1954. 1324 Amendment of s 36 (Meaning of commonly used words and expressions) Section 36— insert— Page 618 Om ADM PW NK Se rr Oo 13 \o 0 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 2 Amendment of Anti-Discrimination Act 1991 [s 1325] 'QCAT means the Queensland Civil and Administrative Tribunal established under the QCAT Act. QCAT Act means the Queensland Civil and Administrative Tribunal Act 2009.' Part 2 Amendment of Anti-Discrimination Act 1991 Clause 1325 Act amended This part amends the Anti-Discrimination Act 1991. Clause 1326 Amendment of s 113 (Tribunal) Section 113(2)— omit, insert— '(2) Before deciding an application, the tribunal must— (a) (b) give the commissioner a copy of the application and a copy of the material filed in support of the application; and have regard to any submission made by the commissioner on the application, including a submission on the process for considering the application.'. Clause 1327 Insertion of news 113A Chapter 2, part 5— insert— "113A Appeal from tribunal decision '(1) The commissioner, or a person with a relevant interest, may appeal, as provided under the QCAT Act, against the Page 619 RW NR \o CWMHAID NASW NY KF CO 2123 25 Clause Clause Clause Clause Queenslai nd Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 2 Amendment of Anti-Discrimination Act 1991 [s 1328] tribunal's decision on an application mentioned in section 113. '(2) For the appeal, if the commissioner or person was not a party to the application, the commissioner or person is taken to have been a party to it'. Amendment of s 124 (Unnecessary information) Section 124(2)(e), 'Anti-Discrimination Tribunal' — omit, insert— 'tribunal'. Amendment of s 125 (Act's freedom from associated highly objectionable conduct purpose and how it is to be achieved) Section 125(2)(d), after 'chapter 7'— insert— 'and the QCAT Act'. Amendment of s 140 (Commissioner may reject or stay complaints dealt with elsewhere) Section 140(1), 'or tribunal'— omit, insert— 'or any tribunal'. Amendment of s 144 (Interim orders protecting complainant's interests (before reference to tribunal)) (1) Section 144, heading, 'Interim'— omit, insert— 'Applications for'. (2) Section 144(1) and (2), after 'apply' — Page 620 nNABW NFR oMmnna an FF WNrFO Co OND 22 2426 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 2 Amendment of Anti-Discrimination Act 1991 [s 1332] insert— ", as provided under the QCAT Act,'. (3) Section 144(3) to (5)— omit, insert— '(3) If the tribunal is satisfied it is in the interests of justice, an application for an order under subsection (1) may be heard in the absence of the respondent to the application.'. 1332 Amendment of s 155 (Requirement to initiate investigation) Section 155(5), 'is the complainant' — omit, insert— 'is, for the purposes of the QCAT Act, the applicant'. 1333 Insertion of new s 164AA Chapter 7, part 1, division 3, after section 164— insert— '164AA Confidentiality of conciliation 'Nothing said or done in the course of conciliation of a complaint may be included in any document prepared by the commission when referring the complaint to the tribunal.'. 1334 Amendment of s 164A (Right of complainant to seek referral to tribunal after conciliation conference) Section 164A— insert— '(6) The complainant is the applicant for the purposes of the QCAT Act.'. Page 621 ADM FP WN \o oo N OAN NN FW 2225 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 2 Amendment of Anti-Discrimination Act 1991 [s 1335] 1335 Amendment of s 166 (Complainant may obtain referral of unconciliated complaint) Section 166— insert— '(S) The complainant is the applicant for the purposes of the QCAT Act.'. 1336 Amendment of s 167 (Complainant or respondent may seek referral after 6 months) Section 167— insert— '(7) The complainant is the applicant for the purposes of the QCAT Act.'. 1337 Amendment of ch 7, pt 2, hdg (What the Anti-Discrimination Tribunal may do) Chapter 7, part 2, heading, 'Anti-Discrimination Tribunal'— omit, insert— 'tribunal'. 1338 Insertion of new ch 7, pt 2, div 1A Chapter 7, part 2, before division 1— insert— 'Division 1A Tribunal's functions '174A Functions 'The tribunal has the following functions— (a) to hear and decide complaints that this Act has been contravened; Page 622 \o ON Dun FW NF NOR ND NM SW \o ow 21 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 (b) (c) (d) (e) Chapter 9 Department of Justice and Attorney-General Part 2 Amendment of Anti-Discrimination Act 1991 [s 1339] to grant exemptions from this Act; to provide opinions about the application of this Act; any other functions conferred on the tribunal under this Act; to take any action incidental or conducive to the discharge of a function mentioned in paragraphs (a) to (d).'. Clause 1339 Replacement of ss 176-184 Sections 176 to 184— omit, insert— '176 Constitution of tribunal 'Subject to section 228A, the tribunal is constituted by 1 legally qualified member of the tribunal for the purpose of conducting a hearing. '177 'Tribunal may join a person as a party "Without limiting the QCAT Act, section 42, the tribunal may join a person as a party to a proceeding whether or not the person was a complainant for, or respondent to, the complaint to which the proceeding relates. '178 Complaints may be amended '(1)_ The tribunal may allow a complainant to amend a complaint. '(2) Subsection (1) applies even if the amendment concerns matters not included in the complaint.'. Clause 1340 Omission of ss 187, 188 and 190 Sections 187, 188 and 190— omit. Page 623 \o @w ADM BPW YN BRWN FF Oo COMDINID UN 21 23 25 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 2 Amendment of Anti-Discrimination Act 1991 [s 1341] 1341 Amendment of s 191 (Anonymity) Section 191(2), penalty— omit, insert— 'Maximum penalty—100 penalty units.'. 1342 Omission of s 192 (Publication of evidence may be restricted) Section 192— omit. 1343 Omission of ss 201-203 Sections 201 to 203— omit. 1344 Amendment of s 207 (Commissioner may provide investigation reports) Section 207(3)— omit, insert— '(3) The tribunal must give a copy of the report to the complainant and the respondent.'. 1345 Amendment of s 208 (Evaluation of evidence) Section 208(1)— omit, insert— '(1)_ The tribunal is not bound by the rules of evidence and— (a) must have regard to the reasons for the enactment of this Act as stated in the preamble; and (b) may draw conclusions of fact from any proceeding before a court or tribunal; and Page 624 BR WN onan NAD WN Ff WHY \o ow 21 23 25 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 2 Amendment of Anti-Discrimination Act 1991 [s 1346] (c) may adopt any findings or decisions of a court or tribunal that may be relevant to the hearing; and (d) may receive in evidence a report of the commissioner, but only if each party to the hearing has a copy of the report; and (e) may permit any person with an interest in the proceeding to give evidence; and (f) may permit the commissioner to give evidence on any issue arising in the course of a proceeding that relates to the administration of the Act.'. Amendment of s 209 (Orders the tribunal may make if complaint is proven) (1) Section 209(2)— omit. (2) Section 209(3) to (6)— renumber as section 209(2) to (5). Omission of ss 211-213 Section 211 to 213— omit. Omission of ch 7, pt 2, divs 3A and 4 and pt 3 Chapter 7, part 2, divisions 3A and 4 and part 3— omit. Amendment of s 220 (Improper communication of official information) (1) Section 220(1)(a)(ii) to (v)— omit, insert— Page 625 COD ND WPW NK nn BW NR So on 21 24 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 2 Amendment of Anti-Discrimination Act 1991 [s 1350] (2) 'Gii) a member of the former Anti-Discrimination Tribunal; or (iii) the registrar of the former Anti-Discrimination Tribunal; or (iv) a member of the staff of the commission or the former Anti-Discrimination Tribunal; or (v) a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or'. Section 220(4)— insert— 'former _Anti-Discrimination Tribunal means _ the Anti-Discrimination Tribunal established under previous section 247. previous section 247 means section 247 as in force before its repeal by the QCAT Amendment Act. QCAT Amendment Act means the Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009.'. Clause 1350 Amendment of ch 7, pt 4, div 3, hdg (Offences against the commissioner, the tribunal and their staff) Chapter 7, part 4, division 3, heading, ', the tribunal and their' — omit, insert— 'and'. Clause 1351 Omission of ss 224 and 226B Page 626 Sections 224 and 226B— omit. COmMANI AUN FW NK CAN DUNN PWN KF CO 23 25 27 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 2 Amendment of Anti-Discrimination Act 1991 [s 1352] 1352 Insertion of new s 228A After section 228— insert— '228A Constitution of tribunal for this chapter 'For the purpose of providing an opinion under this chapter, the tribunal must be constituted by a judicial member.'. 1353 Amendment of s 233 (Appeal from opinion) (1) Section 233, from 'may appeal'— omit, insert— 'may appeal, as provided under the QCAT Act, against a tribunal opinion.' . (2) Section 233— insert— '(2) For an appeal by a person with a relevant interest, the person is taken to have been a party to the request for the opinion.'. 1354 Omission of ch 9, pt 2 (The Anti-Discrimination Tribunal) Chapter 9, part 2— omit. 1355 Amendment of s 263 (Arrangement to prevail) Section 263, '245, 246 and 257'— omit, insert— '245 and 246'. Page 627 Dun WN nk WN FO lon 21 Clause Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 2 Amendment of Anti-Discrimination Act 1991 [s 1356] Page 628 Amendment of s 263C (General requirement for address of service) Section 263C, 'or the tribunal' — omit. Omission of s 263D (Advice to tribunal of address for service) Section 263D— omit. Amendment of s 263E (Change of address for service) Section 263E(2) and (3)— omit, insert— '(2) A relevant party for a complaint must give all other relevant parties for the complaint a copy of a written notice given under subsection (1).'. Amendment of s 263F (Use of address for service) Section 263F(1)(a), 'or the tribunal'— omit. Amendment of s 263G (Communication effected by giving of document) Section 263G(1) and (2), 'or tribunal'— omit. Amendment of s 264 (No communication of official information to court) Section 264(1)(a)— omit, insert— RW NR aornan BRWN FF OO nn \o 21 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 2 Amendment of Anti-Discrimination Act 1991 [s 1362] '(a) who is or has been— (i) (ii) (iii) (iv) (v) (vi) the commissioner; or a member of the former Anti-Discrimination Tribunal; or the registrar of the former Anti-Discrimination Tribunal; or a member of the staff of the commission or the former Anti-Discrimination Tribunal; or a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or a person acting under a delegation under section 244; and'. Clause 1362 Amendment of s 265 (Protection from civil actions—exercise of functions etc.) (1) Section 265(1)(b) to (e)— omit, insert— (2) '(b) a member of the former Anti-Discrimination Tribunal; or (c) _ the registrar of the former Anti-Discrimination Tribunal; or (d) amember of the staff of the commission or the former Anti-Discrimination Tribunal; or (e) a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or'. Section 265(3)— omit. Page 629 Co ON AN BW NY WN Fo om NY WD Ws 23 2528 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 2 Amendment of Anti-Discrimination Act 1991 [s 1363] Clause 1363 Amendment of s 266 (Protection from civil actions—complaint etc.) Section 266(b), 'or tribunal'— omit, insert— 'or the former Anti-Discrimination Tribunal'. Clause 1364 Omission of s 266A (Protection and immunity) Section 266A— omit. Clause 1365 Amendment of s 267 (Regulation-making power) Section 267(2)— omit, insert— '(2) A regulation may make provision about— (a) _ the exercise of the commissioner's powers; and (b) the fees to be paid for making a complaint to the commission under chapter 7.'. Clause 1366 Amendment of schedule (Dictionary) (1) Schedule, definitions member, registrar and tribunal— omit. (2) Schedule— insert— 'former Anti-Discrimination Tribunal see section 220(4). registrar, of the tribunal, means the principal registrar of the tribunal. tribunal means QCAT.'. Page 630 nA fb wWNe lon nk WN KF © oMmona 21 23 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 3 Repeal of Anti-Discrimination Tribunal Rule 2005 [s 1367] Part 3 Repeal of Anti-Discrimination Tribunal Rule 2005 1367 Repeal The Anti-Discrimination Tribunal Rule 2005, SL No. 220 is repealed. Part 4 Amendment of Births, Deaths and Marriages Registration Act 1368 Act amended This part amends the Births, Deaths and Marriages Registration Act 2003. 1369 Amendment of s 11 (Court order relating to birth register) Section 11(2), 'has appealed to the District Court under section 49'— omit, insert— 'has, under section 49, applied to QCAT for a review of a decision of the registrar'. 1370 Amendment of s 31 (Court order relating to registration of death) Section 31(2), 'has appealed to the District Court under section 49'— omit, insert— Page 631 ns NAD NWN BPW WN 21 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 4 Amendment of Births, Deaths and Marriages Registration Act 2003 [s 1371] 'has, under section 49, applied to QCAT for a review of a decision of the registrar'. 1371 Amendment of s 42 (Correcting the register) Section 42(1)(a), after 'court' — insert— 'or QCAT'. 1372 Replacement of s 49 (Appealing registrar's decisions) Section 49— omit, insert— 'a9 Reviewing registrar's decisions '1)_ A person who is dissatisfied with a decision of the registrar may, as provided under the QCAT Act, apply to QCAT for a review of the decision. '(2) Despite the QCAT Act, section 157, the registrar is required to give a person a written notice complying with that section for a decision only if the decision— (a) is made on the application of the person; and (b) _ is not the decision sought by the person. Note— The QCAT Act, sections 158 and 159 provide for a person dissatisfied with a decision of the registrar obtaining a written statement of reasons for the decision.'. 1373 Amendment of pt 9, divs 1-3 hdgs (1) Part 9, division 1, heading, "Transitional provisions'— omit, insert— 'Provisions'. Page 632 nn fF W Ne ~ orn AN WNK CO \o NNWwW NRO 24 26 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 4 Amendment of Births, Deaths and Marriages Registration Act 2003 [s 1374] (2) Part 9, division 2, heading— omit, insert— 'Division 2 Provision for Act No. 77 of 2003'. (3) Part 9, division 3, heading— omit, insert— 'Division 3 Provisions for Act No. 37 of 2007'. 1374 Insertion of new pt 9, div 4 Part 9— insert— 'Division 4 Provision for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 '62 Application of ss 11(2) and 31(2) "1) Sections 11(2) and 31(2) apply as if a reference in the subsections to a person having applied to QCAT under section 49 for review of a decision of the registrar includes a reference to the person having appealed to the District Court, before the commencement, under previous section 49. "(2) In this section— commencement means the commencement of this section. previous section 49 means section 49 as in force before the commencement. Note— See also the QCAT Act, chapter 7.'. Page 633 wWwNr oO OMDANDN F 21 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 5 Amendment of Classification of Computer Games and Images Act 1995 [s 1375] Part 5 Amendment of Classification of Computer Games and Images Act 1995 Clause 1375 Act amended This part amends the Classification of Computer Games and Images Act 1995. Clause 1376 Amendment of s 8 (Review by CCT of classification decision) (1) Section 8, heading, 'CCT'— omit, insert— 'QCAT'. (2) Section 8, 'under the CCT Act, to the CCT'— omit, insert— 'as provided under the QCAT Act, to QCAT'. (3) Section 8— insert— '(2) The QCAT Act, section 157 does not apply to the decision. Note— However, the person may obtain a written statement of the reasons for the decision under the QCAT Act, section 158 or 159.'. Clause 1377 Amendment of pt 7, div 3, hdg (Review by CCT of decision about approval of entity and exemption) Part 7, division 3, heading "CCT'— omit, insert— 'QCAT'. Page 634 An f \o worn SCOmAN DUN FP wWN KF CO Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 6 Repeal of Classification of Computer Games and Images Regulation 2005 [s 1378] 1378 Replacement of s 60 (Review by CCT) Section 60— omit, insert— '60 Review by QCAT ") 2) 'B) (4) This section applies if the computer games classification officer makes a decision— (a) refusing to approve an entity under section 56; or (b) revoking the approval of an entity under section 56; or (c) refusing to give an exemption under section 58 or 59. The computer games classification officer must give the entity a QCAT information notice for the decision. The entity may apply, as provided under the QCAT Act, to QCAT for a review of the decision. In this section— QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. 1379 Amendment of sch 2 (Dictionary) Schedule 2, definitions CCT and CCT Act— omit. Part 6 Repeal of Classification of Computer Games and Images Regulation 2005 1380 Repeal The Classification of Computer Games and Images Regulation 2005, SL No. 210 is repealed. Page 635 Oo mMmN AN FW NY Daun FB WN FO on 2125 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 7 Amendment of Classification of Films Act 1991 [s 1381] Part 7 Amendment of Classification of Films Act 1991 1381 Act amended This part amends the Classification of Films Act 1991. 1382 Replacement of s 59 (Review by CCT) Section 59— omit, insert— '59 Review by QCAT ") 2) 'B) (4) Page 636 This section applies if the films classification officer makes a decision— (a) refusing to approve an organisation under section 56; or (b) revoking the approval of an organisation under section 56; or (c) refusing to give an exemption under section 58. The films classification officer must give the organisation a QCAT information notice for the decision. The organisation may apply, as provided under the QCAT Act, to QCAT for a review of the decision. In this section— QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. omrnNn nn Po Oo ON AN F WN KF CO Nw Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 8 Repeal of Classification of Films Regulation 1992 [s 1383] Part 8 Repeal of Classification of Films Regulation 1992 Clause 1383 Repeal The Classification of Films Regulation 1992, SL No. 375 is repealed. Part 9 Amendment of Classification of Publications Act 1991 Clause 1384 Act amended This part amends the Classification of Publications Act 1991. Clause 1385 Amendment of s 3 (Definitions) (1) Section 3, definitions CCT and CCT Act— omit. (2) Section 3— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Clause 1386 Amendment of s 11 (Review by CCT of classification decision by publications classification officer) (1) Section 11, heading, 'CCT'— omit, insert— 'QCAT'. Page 637 ns Dan fF wWN KF CO \o on 21 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 9 Amendment of Classification of Publications Act 1991 [s 1387] (2) Section 11, 'under the CCT Act, to the CCT'— omit, insert— 'as provided under the QCAT Act, to QCAT'. (3) Section 11— insert— '(2) The QCAT Act, section 157 does not apply to the decision. Note— However, the person may obtain a written statement of the reasons for the decision under the QCAT Act, section 158 or 159.'. 1387 Amendment of s 11C (Publications for which display order may be made) Section 11C(4)(e)(i), 'under the CCT Act, to the CCT'— omit, insert— 'as provided under the QCAT Act, to QCAT'. 1388 Amendment of s 11D (Lifting of display order, and review rights and procedure) (1) Section 11D(5), from 'must'— omit, insert— 'must give the applicant a QCAT information notice for the decision to refuse the application.'. (2) Section 11D— insert— '(7) The QCAT Act, section 157 does not apply to the decision of the officer to make a display order. Note— However, a person may obtain a written statement of the reasons for the decision under the QCAT Act, section 158 or 159.'. Page 638 COmrntinann WN RW NY FO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 10 Repeal of Classification of Publications Regulation 1992 [s 1389] Clause 1389 Amendment of s 37 (Exemptions) Section 37(5)(a) and (b)— omit, insert— '(a) the publications classification officer must give the person or body a QCAT information notice for the decision; and (b) the person or body may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. Part 10 Repeal of Classification of Publications Regulation 1992 Clause 1390 Repeal The Classification of Publications Regulation 1992, SL No. 376 is repealed. Part 11 Amendment of Commercial and Consumer Tribunal Act 2003 Clause 1391 Act amended This part amends the Commercial and Consumer Tribunal Act 2003. Page 639 OAANY ANF WN 13 15 18 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 11 Amendment of Commercial and Consumer Tribunal Act 2003 [s 1392] 1392 Amendment of s 20 (Registry established) Section 20(3), 'other tribunal' — omit, insert— 'other entity'. 1393 Insertion of new pt 9, div 4 Part 9— insert— 'Division 4 Transitional provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 '170 Definitions for div 4 'In this division— CCT registry Act means— (a) the Fire and Rescue Service Act 1990; or (b) the Misconduct Tribunals Act 1997; or (c) the Nursing Act 1992; or (d) the Veterinary Surgeons Act 1936. commencement means the commencement of this section. director function means a function or power _ that, immediately after the commencement, is to be performed or exercised under a CCT registry Act by the director. former registrar means a person who, immediately before the commencement, was responsible under a CCT registry Act for performing a function, or exercising a power, that is a director function, and includes— Page 640 BR WN om rntinwn OmOmANI HD FW 222527 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 (a) (b) Chapter 9 Department of Justice and Attorney-General Part 11 Amendment of Commercial and Consumer Tribunal Act 2003 [s 1393] the registrar under the Misconduct Tribunals Act 1997, as in force before the commencement; or the registrar of the Veterinary Tribunal of Queensland under the Veterinary Surgeons Act 1936, as in force before the commencement. '171. Former registrars and registry staff "(1) At the commencement, each former registrar stops being a former registrar. 2) At the commencement, all staff employed under the Misconduct Tribunals Act 1997, section 40(2) stop being the registrar's staff for that Act. '172 Things done by or in relation to former registrar "1)_ At the commencement— 2) (a) (b) (c) anything done by a former registrar continues in effect and is taken to have been done by the director; and any application made to a former registrar that has not been decided at the commencement is taken to have been made to the director; and any document or other thing given to or lodged with a former registrar is taken to have been given to or lodged with the director. The director must— (a) (b) deal with any application mentioned in subsection (1)(b) under the CCT registry Act under which the application was made, as if the application were made to the director after the commencement; and deal with any document or thing mentioned in subsection (1)(c) under the CCT registry Act under which the document or thing was given or lodged, as if the document or thing were given to or lodged with the director after the commencement. Page 641 MBW NF o OND NX CSCO OAD WH WW 22 2426 2830 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 12 Amendment of Commercial and Consumer Tribunal Regulation 2003 [s 1394] '(3) A former registrar must take all reasonable steps to facilitate 1 the director undertaking the director's obligations under 2 subsection (2). 3 "(4) Without limiting subsection (3), the former registrar must give 4 all documents or other things given to or lodged with the 5 former registrar to the director as soon as practicable after the 6 commencement. 7 "(5) In this section— 8 lodge includes file. 9 '173 References to former registrar 10 'In an Act or document, a reference to a former registrar is 11 taken, if the context permits, to be a reference to the director.'. 12 Part 12 Amendment of Commercialand 13 Consumer Tribunal Regulation 4 2003 5 Clause 1394 Regulation amended 6 This part amends the Commercial and Consumer Tribunal 7 Regulation 2003. 8 Clause 1395 Amendment of s 9 (Registry is registry for other 9 tribunals) 20 (1) Section 9, heading, 'tribunals'— 21 omit, insert— 22 'entities'. 23 Page 642 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 13 Amendment of Crime and Misconduct Act 2001 [s 1396] (2) Section 9, 'tribunals' — omit, insert— 'entities'. 1396 Amendment of sch 3 (Registry for other tribunals) (1) Schedule 3, heading, 'tribunals'— omit, insert— 'entities'. (2) Schedule 3— insert— '2 amisconduct tribunal established under the Misconduct Tribunals Act 1997, section 11 3 the Nursing Tribunal as continued under the Nursing Act 1992, section 4 a panel of referees convened under the Fire and Rescue Service Act 1990, section 104SC 5 the Veterinary Tribunal of Queensland constituted under the Veterinary Surgeons Act 1936, section 15A'. Part 13 Amendment of Crime and Misconduct Act 2001 1397 Act amended This part amends the Crime and Misconduct Act 2001. Page 643 Co mMmrN DWN Ff 11 13 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 13 Amendment of Crime and Misconduct Act 2001 [s 1398] Clause 1398 Amendment of s 49 (Reports about complaints dealt with by the commission) Section 49(3)— insert— '(c) supports the start of a proceeding under section 219F or 219G against any person as a result of the report; or (d) supports a defence that may be available to any person subject to a proceeding under section 219F or 219G as a result of the report.'. Clause 1399 Amendment of s 50 (Commission may prosecute official misconduct) d) (2) 2) (3) (4) Page 644 Section 50(1)(b), 'a charge of a disciplinary nature of official misconduct' — omit, insert— 'the start of a disciplinary proceeding for official misconduct'. Section 50(2) and (3)— omit, insert— The commission may apply, as provided under the QCAT Act, to QCAT for an order under section 2191 against the prescribed person.'. Section 50(4) and (5)— renumber as section 50(3) and (4). Section 50(3) and (4), as renumbered, 'the jurisdiction of a misconduct tribunal' — omit, insert— 'QCAT's jurisdiction'. OMAN AN FW NR SCOmAAN DN FF WN KO Nw WY oe NN BW NSN n wn Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 13 Amendment of Crime and Misconduct Act 2001 [s 1400] 1400 Amendment of s 75 (Notice to discover information) Section 75(9)— omit. 1401 Amendment of s 109 (Definitions for pt 5) Section 109, definition prosecution— omit, insert— 'prosecution includes starting a disciplinary proceeding for official misconduct before QCAT.'. 1402 Amendment of s 202 (Publication of names, evidence etc.) Section 202(2)(e), 'disciplinary charge' — omit, insert— 'disciplinary proceeding'. 1403 Replacement of ch 5, hdg Chapter 5, heading— omit, insert— 'Chapter5 Offences and disciplinary proceedings relating to misconduct'. 1404 Insertion of new ch 5, pt 1, hdg Chapter 5, before section 206— insert— 'Part 1 Offences'. Page 645 ONY DN Ww NF Oo Co mn DAWN fs 21 23 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 13 Amendment of Crime and Misconduct Act 2001 [s 1405] 1405 Insertion of new ch 5, pt 2 Chapter 5, after section 219— insert— 'Part 2 Disciplinary proceedings relating to misconduct 'Division 1 Preliminary '219A Purposes of disciplinary proceedings 'The purposes of providing for disciplinary proceedings are— (a) to protect the public; and (b) to uphold ethical standards within units of public administration and the police service; and (c) to promote and maintain public confidence in the public sector. '219B Definitions for pt 2 Page 646 'In this part— disciplinary proceeding means— (a) a proceeding under section 219F for official misconduct alleged to have been committed by a prescribed person; or (b) a proceeding under section 219G for a reviewable decision. industrial matter means an industrial matter within the meaning of the Industrial Relations Act 1999. officer means a police officer within the meaning of the Police Service Administration Act 1990 and includes a police recruit within the meaning of that Act. ne WN WN Fo OMANI DWN Ff 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 13 Amendment of Crime and Misconduct Act 2001 [s 1405] reviewable decision means— (a) a decision made in relation to an allegation of misconduct against a prescribed person, other than a decision made by a court or QCAT; or (b) a finding mentioned in the Police Service Administration Act 1990, section 7.4(2A)(b) that misconduct is proved against an officer. 'Division 2 QCAT?'s jurisdiction *219C Jurisdiction 'QCAT has jurisdiction to conduct disciplinary proceedings. *219D Jurisdiction relating to allegations of official misconduct against prescribed persons is exclusive ') An allegation of official misconduct against a prescribed person may only be heard and decided by QCAT. '(2) Subsection (1) applies to the exclusion of authority given by law to any other person or tribunal to hear and decide, at first instance, an allegation of official misconduct made against a prescribed person. '219E Relationship with Industrial Relations Act 1999 'The industrial court and the industrial relations commission do not have jurisdiction in relation to a matter that QCAT may decide for this Act even though it may be, or be about, or arise out of, an industrial matter. Page 647 ADM PWN DAAIANDN BW Ne 2123 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 13 Amendment of Crime and Misconduct Act 2001 [s 1405] 'Division 3 Proceedings '219F Proceedings relating to official misconduct 'The commission or the chief executive officer of a unit of public administration (including the commissioner of the police service) may apply, as provided under the QCAT Act, to QCAT to hear and decide an allegation of official misconduct against a prescribed person. '219G Proceedings relating to reviewable decisions '1) The commission or a prescribed person against whom a reviewable decision has been made may apply, within the period mentioned in subsection (2) and otherwise as provided under the QCAT Act, to QCAT for a review of the reviewable decision. '(2) The application must be made— (a) _ if the reviewable decision relates to a decision or finding mentioned in the Police Service Administration Act 1990, section 7.4(2A)—within 14 days after the day on which notice of the decision or finding was given; or (b) otherwise—within 14 days after the day on which the reviewable decision was announced. '(3) The parties to a proceeding are— (a) _ the prescribed person; and (b) _ the person who made the reviewable decision; and (c) if the application is made by the commission—the commission. Page 648 ADMNHRW WV \o ow SCO AND FP WNFr CO NNR WY WY WN Nw ns Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 13 Amendment of Crime and Misconduct Act 2001 [s 1405] '219H Conduct of proceedings relating to reviewable decisions ") A review of a reviewable decision is by way of rehearing on the evidence (original evidence) given in the proceeding before the original decision-maker (original proceeding). '(2) However, QCAT may give leave to adduce fresh, additional or substituted evidence (new evidence) if satisfied— (a) the person seeking to adduce the new evidence did not know, or could not reasonably be expected to have known, of its existence at the original proceeding; or (b) in the special circumstances of the case, it would be unfair not to allow the person to adduce the new evidence. '3) If QCAT gives leave under subsection (2), the review is— (a) by way of rehearing on the original evidence; and (b) on the new evidence adduced. 'Division 4 QCAT's powers '2191 Powers for official misconduct ") QCAT may, on a finding of official misconduct being proved against a prescribed person, order that the prescribed person— (a) be dismissed; or (b) be reduced in rank or salary level; or (c) forfeit, or have deferred, a salary increment or increase to which the prescribed person would ordinarily be entitled; or (d) be fined a stated amount that is to be deducted from— Page 649 COD NAD NPW VNR nN FB WNK CO 21 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 13 Amendment of Crime and Misconduct Act 2001 [s 1405] 2) (i) _ the person's periodic salary payment in an amount not more than an amount equal to the value of 2 penalty units per payment; or (ii) the person's monetary entitlements, other than superannuation entitlements, on termination of the person's service. In deciding the amount for subsection (1)(d)(ii), QCAT may have regard to the value of any gain to the prescribed person from the person's official misconduct. *219J Additional power for reviewable decisions ") 2) This section applies if, after reviewing a reviewable decision, QCAT finds misconduct has been proved against a person and sets aside the decision and substitutes another decision. QCAT may impose on the person any discipline provided for on a finding of misconduct being proved, even though the original decision-maker's power to impose the discipline may have been restricted. '219K QCAT may refer matter for investigation ") 2) 'B) QCAT may, by order, refer a matter before it for investigation, or further investigation, with a view to the taking of a criminal proceeding or for another purpose. The matter may be referred to— (a) the commission; or (b) _ the public official for the unit of public administration in which the prescribed person is employed. QCAT may adjourn its proceeding until the investigations are completed. '219L QCAT's power to suspend orders "d) Page 650 This section applies if— COMPAN DANK WNR ADNAN WNeK CO 21 23 25 27 29 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 2) 'B) (4) "O) (6) Chapter 9 Department of Justice and Attorney-General Part 13 Amendment of Crime and Misconduct Act 2001 [s 1405] (a) QCAT makes an order under section 219]; or (b) QCAT, by order under section 219J, imposes a discipline mentioned in section 219J(2); or (c) discipline is imposed on a prescribed person by a decision-maker of a reviewable decision and an application is made to QCAT for a review of the reviewable decision. QCAT may suspend the order or discipline if it considers it is appropriate to do so in the circumstances. QCAT must state an operational period for the period of suspension and the suspension may be given on conditions. If the person who is subject to the order or discipline is found to have committed an act of misconduct or to have contravened a condition during the operational period, on the finding— (a) _ the suspension is revoked; and (b) _ the order or discipline has immediate effect. If the person is not found to have committed an act of misconduct or to have contravened a condition during the operational period, the order or discipline is taken to have been discharged or satisfied. Subsection (4) does not limit the person's liability to the making of a further order for the further act of misconduct. 'Division 5 Appeals '219M Appeal from QCAT exercising original jurisdiction 'The following persons may appeal against a decision of QCAT exercising original jurisdiction under this part— (a) the prescribed person in relation to whom the decision was made; Page 651 Com ADNH WN iS) COM N DD NSWN KO N — NN WN 27 29 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 13 Amendment of Crime and Misconduct Act 2001 [s 1406] (b) _ the public official for the unit of public administration in which the prescribed person is employed; (c) the commission, whether or not the commission was a party to the proceeding before QCAT.'. Clause 1406 Amendment of s 318 (Parliamentary commissioner may conduct hearings in limited circumstances) Section 318(9)(b), 'a disciplinary action brought' — omit, insert— 'a disciplinary proceeding started'. Clause 1407 Amendment of sch 2 (Dictionary) d) (2) Page 652 Schedule 2, definitions misconduct tribunal and officer— omit. Schedule 2— insert— 'disciplinary proceeding, for chapter 5, part 2, see section 219B. industrial matter, for chapter 5, part 2, see section 219B. officer— (a) for chapter 3, part 6B, division 1, see section 146Q; or (b) for chapter 5, part 2, see section 219B. prescribed person see section 50(3) and (4). reviewable decision, for chapter 5, part 2, see section 219B.'. BW NF onmn an omMmrnN AN fF WN KF CO Nw WY NF Oo Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 14 Amendment of Dangerous Goods Safety Management Act 2001 [s 1408] Part 14 Amendment of Dangerous Goods Safety Management Act 1408 Act amended This part amends the Dangerous Goods Safety Management Act 2001. 1409 Amendment of s 31 (Meaning of major hazard facility and possible major hazard facility) Section 31(2), 'section 32(5)'— omit, insert— "section 32(4)'. 1410 Amendment of s 32 (Chief executive may classify facility as major hazard facility) (1) Section 32(3) and (4)— omit, insert— '(3) Within 7 days after making the decision, the chief executive must give the occupier a QCAT information notice for the decision.'. (2) Section 32(5)— renumber as section 32(4). (3) Section 32— insert— "(5) In this section— QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Page 653 An f \o worn COND NN FP WH NY NR WY WY WN Fe © Nw ns Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 14 Amendment of Dangerous Goods Safety Management Act 2001 [s 1411] 1411. Amendment of s 37 (Obligation to notify chief executive of certain upgrades of facilities) Section 37(1)(b), 'section 32(5)'— omit, insert— "section 32(4)'. 1412 Replacement of pt 9, hdg (Appeals) Part 9, heading— omit, insert— 'Part 9 Reviews and appeals'. 1413 Replacement of pt 9, div 1 (Appeals against classification as a major hazard facility) Part 9, division 1— omit, insert— 'Division 1 Review of decision to classify facility as a major hazard facility '148 Review of chief executive decision 'The occupier of a facility who is aggrieved by a decision of the chief executive to classify the facility as a major hazard facility may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. 1414 Replacement of s 154C (Application of ss 150-154 to an appeal under this division) Section 154C— omit, insert— Page 654 nA fb wWNe oo wWnnan nk WN FO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 14 Amendment of Dangerous Goods Safety Management Act 2001 [s 1414] *154C Starting appeal ") 2) 'B) (4) An appeal is started by— (a) filing a notice of appeal with the clerk of the court of the Magistrates Court; and (b) _ serving a copy of the notice on the chief executive. The notice of appeal must be filed within 28 days after the appellant is given notice of the decision. The court may at any time extend the period for filing the notice of appeal. The notice of appeal must state fully the grounds of the appeal and the facts relied on. '154D Stay of operation of decisions ") 2) 'B) (4) The Magistrates Court may grant a stay of the operation of the decision appealed against to secure the effectiveness of the appeal. A stay— (a) may be given on conditions the court considers appropriate; and (b) operates for the period fixed by the court; and (c) may be revoked or amended by the court. The period of a stay under this section must not extend past the time when the court decides the appeal. An appeal against the decision affects the decision only if the decision is stayed. '154E Hearing procedures ") In deciding an appeal, the Magistrates Court— (a) is not bound by the rules of evidence; and (b) must comply with natural justice. Page 655 COM ANID MN BPW NY C©0C PON DD UNPW WY NX So 22 24 2628 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 14 Amendment of Dangerous Goods Safety Management Act 2001 [s 1414] 2) An appeal is by way of rehearing unaffected by the chief executive's decision, on the material before the chief executive and any further evidence allowed by _ the Magistrates Court. '{54F Powers of court on appeal ") 2) 'B) In deciding an appeal, the Magistrates Court may— (a) confirm the decision appealed against; or (b) _ vary the decision; or (c) set aside the decision and substitute another decision; or (d) set aside the decision and return the issue to the chief executive with the directions the court considers appropriate. The decision as varied or substituted may be any decision that the chief executive may make. If the court varies a decision or substitutes another decision, the varied or substituted decision is, for this Act other than this part, taken to be the decision of the chief executive. "154G Appeals to District Court 'An appeal to the District Court from a decision of the Magistrates Court may be made only on a question of law. '154H Application of ss 154C-—154G to an appeal under this division Page 656 'In applying sections 154C, 154E and 154F in relation to a cost recovery notice issued by a local government, a reference to the chief executive is to be read as a reference to the local government's chief executive officer.' . BRWNF omni nn ADM BPW NK O oo 22 2426 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 15 Amendment of Dangerous Goods Safety Management Regulation 2001 [s 1415] Part 15 Amendment of Dangerous Goods Safety Management Regulation 2001 1415 Regulation amended This part amends the Dangerous Goods Safety Management Regulation 2001. 1416 Amendment of s 89 (Failure to decide application for licence) Section 89(4), 'appealed'— omit, insert— 'applied for internal review'. 1417 Replacement of pt 4, div 9, hdg (Reviews and appeals) Part 4, division 9, heading— omit, insert— 'Division 9 Internal and external review'. 1418 Amendment of s 111 (Appeal process starts with internal review) (1) Section 111, heading, 'Appeal'— omit, insert— 'Review'. (2) Section 111(1), 'appeal against' — omit, insert— 'apply for external review of'. Page 657 An f \o worn an B&B WN Co OND 2123 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 15 Amendment of Dangerous Goods Safety Management Regulation 2001 [s 1419] (3) Clause 1419 Amendment of s 112 (Application for review to be made Section 111(2), 'The appeal'— omit, insert— 'The application for external review' . to the chief executive officer) d) (2) Clause 1420 Amendment of s 113 (Applying for review) d) (2) Clause 1421 Amendment of s 114 (Review decision) d) (2) Page 658 Section 112, heading, after 'for'— insert— 'internal'. Section 112, 'a review' — omit, insert— 'internal review'. Section 113, heading, after 'for'— insert— 'internal'. Section 113(2), 'the review' — omit, insert— 'the internal review'. Section 114, heading, 'Review' — omit, insert— 'Internal review' . Section 114(1), 'the review decision' — omit, insert— 'the internal review decision' . Co mnN WD WN aA HN FW NWN 212325 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 15 Amendment of Dangerous Goods Safety Management Regulation 2001 (3) 2) 'B) (4) (5) (6) [s 1422] Section 114(2) and (3)— omit, insert— The chief executive officer must immediately give the applicant written notice of the internal review decision (the internal review notice). If the internal review decision is not the decision sought by the applicant, the internal review notice must be a QCAT information notice for the decision.'. Section 114(4), 'a review' — omit, insert— 'an internal review'. Section 114(5) and (6), 'the review' — omit, insert— 'the internal review'. Sections 114(5) and (6), 'appeal to the court' — omit, insert— 'application for external review' . Clause 1422 Amendment of s 115 (Stay of operation of decision) d) ") 2) (2) Section 115(1) and (2)— omit, insert— If an application is made for an internal review of an original decision, the applicant may immediately apply, as provided under the QCAT Act, to QCAT for a stay of the decision. QCAT may stay the decision to secure the effectiveness of the internal review and any later application to QCAT for a review of the internal review decision.' . Section 115(3), 'the court'— omit, insert— Page 659 C0 AND NWHW NY NYA UN fF wWwWN KF CO \o ow 222528 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 15 Amendment of Dangerous Goods Safety Management Regulation 2001 [s 1423] "QCAT'. (3) Section 115(4)— omit, insert— '(4) The period of the stay must not extend past the time when the chief executive officer makes an internal review decision about the original decision and any later period QCAT allows the applicant to enable the applicant to apply for a review of the internal review decision.'. Clause 1423 Replacement of pt 4, div 9, sdiv 2 (Appeals) Part 4, division 9, subdivision 2— omit, insert— 'Subdivision 2 [External review by QCAT '116 External review of internal review decision 'A person who is given, or is entitled to be given, a QCAT information notice about a decision under section 114(3) may apply to QCAT, as provided under the QCAT Act, for a review of the decision.'. Clause 1424 Amendment of sch 5 (Dictionary) Schedule 5— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Page 660 ANINDMB WN ADM W \o ow 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 16 Amendment of Dispute Resolution Centres Act 1990 [s 1425] Part 16 Amendment of Dispute Resolution Centres Act 1990 Clause 1425 Act amended This part amends the Dispute Resolution Centres Act 1990. Clause 1426 Amendment of s 2 (Interpretation) (1) Section 2— insert— 'QCAT principal registrar means the principal registrar under the QCAT Act.'. (2) Section 2, definition referring order— insert— "(d) QCAT, or the QCAT principal registrar, under the QCAT Act, section 75.'. Part 17 Amendment of Dividing Fences Act 1953 Clause 1427 Act amended This part amends the Dividing Fences Act 1953. Clause 1428 Amendment of s 6 (Definitions) Section 6(1), definition Small Claims Tribunal— omit. Page 661 omArninn 13 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 17 Amendment of Dividing Fences Act 1953 [s 1429] Clause 1429 Amendment of s 9 (Proceedings consequent on notice to fence) (1) Section 9(1), 'Small Claims Tribunal having jurisdiction as in this Act provided'— omit, insert— "QCAT"'. (2) Section 9(1A) and (4), 'Small Claims Tribunal'— omit, insert— "QCAT"'. Clause 1430 Amendment of s 10 (Proceedings on failure to carry out agreement or order) Section 10, 'Small Claims Tribunal' — omit, insert— "QCAT'. Clause 1431 Amendment of s 11 (Cases where owner or whereabouts of owner are not known) Section 11(1) and (3), 'having jurisdiction as in this Act provided'— omit. Clause 1432 Amendment of s 14 (Failure to carry out an order to repair) Section 14, 'Small Claims Tribunal' — omit, insert— "QCAT'. Page 662 Co mMmrN DN BW NR RW NY FO 0 OI AN 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 17 Amendment of Dividing Fences Act 1953 [s 1433] Clause 1433 Amendment of s 16 (Procedure to compel contribution) (1) Section 16(2A)(d) and (3), 'Small Claims Tribunal having jurisdiction as in this Act provided'— omit, insert— "QCAT'. (2) Section 16(2A)(d), 'Small Claims Tribunal hearing' — omit, insert— 'QCAT hearing'. (3) Section 16(3) and (4),'Small Claims Tribunal upon' — omit, insert— "QCAT upon'. Clause 1434 Amendment of s 18 (Jurisdiction of and proceedings in Magistrates Courts or Small Claims Tribunals) (1) Section 18, heading, 'Small Claims Tribunals'— omit, insert— 'QCAT'. (2) Section 18(1) and (2), from 'a Small Claims Tribunal'— omit, insert— 'QCAT.'. Clause 1435 Amendment of s 19 (Recovery of money payable) Section 19(2), 'or Small Claims Tribunal'— omit. Clause 1436 Amendment of s 23 (Notices) (1) Section 23(3) and (6), 'Small Claims Tribunal'— omit, insert— Page 663 oOo mMmrN DN BR WN Ke oOo mrnN Dn fF WH 21 24 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1437] "QCAT'. (2) Section 23(6), 'having jurisdiction as in this Act provided'— omit. Part 18 Amendment of Guardianship and Administration Act 2000 1437 Act amended This part amends the Guardianship and Administration Act 2000. 1438 Amendment of long title Long title, 'to establish a Guardianship and Administration Tribunal' — omit, insert— 'to confer jurisdiction on the Queensland Civil and Administrative Tribunal for particular purposes'. 1439 Amendment of s 7 (Way purpose achieved) Section 7(e), 'establishes a tribunal'— omit, insert— 'confers jurisdiction on the tribunal'. 1440 Amendment of s 9 (Range of substitute decision makers) Section 9(2)(b)(vi)— omit, insert— "(vi) the tribunal;'. Page 664 on RW NY FO orninawn 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1441] Clause 1441 Amendment of s 80E (Relationship with ch 7) d) (2) (3) Section 80E(1), first dot point, '101 and 109B'— omit, insert— "102 and 106'. Section 80E(1), sixth dot point, '164'— omit, insert— '163'. Section 80E(1), seventh dot point— omit. Clause 1442 Amendment of s 80F (Members constituting tribunal) 2) Section 80F(2)— omit, insert— To the extent practicable, the tribunal must include the following members who have, in the president's opinion, knowledge and experience of persons with impaired capacity for matters— (a) either— (i) asenior member who is an Australian lawyer; or (ii) an ordinary member who is an Australian lawyer; (b) amember who is a paediatrician; (c) another member.'. Clause 1443 Amendment of s 80J (Tribunal advises persons concerned of hearing) Section 80J(3), 'under section 110'— omit, insert— 'under the QCAT Act'. Page 665 COomMmrN DN BR WN Co MOAN ANFW NY KF OC NY WY re oO 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1444] Clause 1444 Amendment of s 80ZN (Relationship with ch 7) (1) Section 80ZN(1), fifth, seventh and eighth dot points— omit. (2) Section 80ZN(1)— insert— ' * parts 6 and 8.'. Clause 1445 Replacement of ch 6 (Guardianship and Administration Tribunal) Chapter 6— omit, insert— 'Chapter6 Queensland Civil and Administrative Tribunal '81 Tribunal's functions for this Act '(1) The tribunal has the functions given to it by this Act, including the following functions— (a) making declarations about the capacity of an adult, guardian, administrator or attorney for a matter; (b) considering applications for appointment of guardians and administrators; (c) appointing guardians and administrators if necessary and reviewing the appointments; (d) making declarations, orders or recommendations, or giving directions or advice, in relation to the following— (i) guardians and administrators; (ii) attorneys; (ii) enduring documents; Page 666 \o worn nn BW N N COM ANAND NH WwW 2326 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 2) (e) (f) (g) (h) (i) @) (k) Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1445] (iv) related matters; ratifying an exercise of power, or approving a proposed exercise of power, for a matter by an informal decision maker for an adult with impaired capacity for the matter; consenting to the withholding or withdrawal of a life-sustaining measure for adults with impaired capacity for the health matter concerned; subject to section 68, consenting to special health care for adults with impaired capacity for the special health matter concerned; consenting to the sterilisation of a child with an impairment; giving approvals under chapter 5B for the use by a relevant service provider of a restrictive practice in relation to an adult to whom the chapter applies, and reviewing the approvals; registering an order made in another jurisdiction under a provision, Act or law prescribed under a regulation for section 167; reviewing a matter in which a decision has been made by the registrar. In this section— attorney means an attorney under an enduring document or a statutory health attorney. '82 Jurisdiction ") 2) 'B) Subject to section 245, the tribunal has exclusive jurisdiction for the appointment of guardians and administrators for adults with impaired capacity for matters. The tribunal has concurrent jurisdiction with the court for enduring documents and attorneys under enduring documents. The tribunal has the other jurisdiction given under this Act. Page 667 Com NADN PWN COmANI ADAUNFW NK CO Nw re oO N N NN BW 2730 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1446] '83 Annual report by president 'The president must include in the tribunal's annual report under the QCAT Act for the previous financial year— (a) (b) the number and type of limitation orders made by the tribunal during the year; and the number of applications, approvals and orders made under chapter 5B of this Act during the year.'. Clause 1446 Replacement of ch 7, pt 1 (General) Chapter 7, part 1— omit, insert— 'Part 1 General 99 Definitions for pt 1 'In this part— document includes a photograph, drawing, model or other object. health information for a person means— (a) (b) (d) (e) Page 668 information about the person's physical or mental condition; or information about the person's health care, including the person's expressed wishes about the person's health care; or information about the person collected to provide, or in providing, health care to the person; or information about the person collected in relation to the donation, or intended donation, of the person's body parts, organs or bodily substances; or genetic information about the person in a form that is, or could be, predictive about the health of the person or of a sibling, relative or descendant of the person. AD NH WN \o ow Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1446] significant health detriment to a person means significant identifiable detriment to any of the following— (a) (b) (c) the person's physical or mental health or wellbeing; the person's health care; the person's relationship with a health provider, including the person's willingness to fully disclose relevant information to the health provider. '100 Types of limitation order 'A limitation order means an order of the following type— (a) (b) (c) (d) an adult evidence order; a closure order; a non-publication order; a confidentiality order. Relationship with the QCAT Act 'The following provisions of the QCAT Act do not apply in relation to proceedings under this chapter— (a) (b) (c) (d) (e) (f) (g) section 66; section 90; section 99; section 100; section 102 (except to the extent it applies for section 103 of that Act); section 142(3)(a)(ii); section 222. Page 669 oo NYDN FW NK Ww NF Oo Co mn an 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1446] '102 Members constituting tribunal 'At a hearing, the tribunal must be constituted by 3 members unless the president considers it appropriate for the proceeding to be heard by the tribunal constituted by 2 members or a single member. "103 Access '(1)_ Each active party in a proceeding must be given a reasonable opportunity to present the active party's case and, in particular— (a) to access, before the start of a hearing, a document before the tribunal that the tribunal considers is relevant to an issue in the proceeding; and (b) to access, during a hearing, a document or other information before the tribunal that the tribunal considers is credible, relevant and significant to an issue in the proceeding; and (c) to make submissions about a document or other information accessed under this subsection. '(2) Each active party in a proceeding, or person the tribunal considers has a sufficient interest in the proceeding, must be given a reasonable opportunity to access, within a reasonable time after a hearing, a document before the tribunal that the tribunal considered credible, relevant and significant to an issue in the proceeding. '(3) For subsections (1) and (2), something is relevant only if it is directly relevant. '(4) On request, the tribunal must give access to a document or other information in accordance with this section. '(5) The tribunal may displace the right to access a document or other information only by a confidentiality order. '(6) To remove any doubt, it is declared that the right to access a document or other information is not affected by an adult evidence order, a closure order or a non-publication order. Page 670 MBWN oman an OCrNI ANFPW NRO NNNNW BRWNrF OW NN nun NN on wWhd ow WW WW WNR Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1446] '104 Basis of consideration for limitation order ") 2) In considering whether to make a limitation order, the tribunal must take as the basis of its consideration— (a) that each active party in the proceeding is entitled to access a document or other information before the tribunal that is credible, relevant and significant to an issue in the proceeding; and (b) _ that it is desirable that tribunal hearings be held in public and be able to be publicly reported. For subsection (1), something is relevant only if it is directly relevant. '105 Open ") 2) A hearing by the tribunal of a proceeding must be in public. However, the tribunal may make an adult evidence order or a closure order. Note— See also section 101. '106 Adult evidence order ") 2) If the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person or to obtain relevant information the tribunal would not otherwise receive, the tribunal may, by order (an adult evidence order), obtain relevant information from the adult concerned in the matter at a hearing in the absence of anyone else, including, for example— (a) members of the public; or (b) a particular person, including an active party. To the extent relevant information is health information for a person, serious harm to the person includes significant health detriment to the person. Page 671 COA ADNH WN AD NF WW 212326 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1446] 'B) (4) "O) For subsection (1), something is relevant only if it is directly relevant. The tribunal may make an adult evidence order on its own initiative or on the application of an active party. A person must not contravene an adult evidence order, unless the person has a reasonable excuse. Maximum penalty for subsection (5)—200 penalty units. '107 Closure order ") 2) 'B) (4) If the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person, the tribunal may, but only to the extent necessary, by order (a closure order), do either or both of the following— (a) close the hearing or part of the hearing to all or some members of the public; (b) exclude a particular person, including an active party, from a hearing or part of a hearing. To the extent the hearing or the part of the hearing concerns health information for a person, serious harm to the person includes significant health detriment to the person. The tribunal may make a closure order on its own initiative or on the application of an active party. A person must not contravene a closure order, unless the person has a reasonable excuse. Maximum penalty for subsection (4)—200 penalty units. '108 Non-publication order ") Page 672 If the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person, the tribunal may, but only to the extent necessary, by order (a non-publication order), prohibit publication of information about a tribunal proceeding the publication of which is not prohibited under section 114A. YAY NDUWN FW NR oo \o COMI DANN FW NFO Nw ro NN Wh N BG 2729 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 2) 'B) (4) "O) (6) 7) Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1446] To the extent information about a tribunal proceeding is health information for a person, serious harm to the person includes significant health detriment to the person. The tribunal may make a non-publication order on its own initiative or on the application of an active party. If information about a tribunal proceeding discloses information prepared or provided by an entity, the tribunal may make a non-publication order on the application of the entity. If information about a tribunal proceeding discloses health information for the person— (a) without limiting subsection (3) or (4), the tribunal may make a non-publication order on the application of— (i) _ the person; or (ii) an interested person for the person; and (b) an application may be made by an interested person for the person even after the person's death. If a non-publication order is made prohibiting publication of information about a tribunal proceeding and the information about the tribunal proceeding discloses health information for the person, the person's death does not affect the non-publication order. A person must not contravene a non-publication order, unless the person has a reasonable excuse. Maximum penalty for subsection (7)—200 penalty units. Note— See also section 101. '109 Confidentiality order ") If the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person, the tribunal may, but only to the extent necessary, by order (a confidentiality order)— Page 673 COAND NH WNK iS) COMA AND NN FP WN KO NW Noe NN BW Nw WN NAW 30 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1446] 2) 'B) (4) "O) (a) withhold from an active party or other person a document, or part of a document, before the tribunal; or (b) withhold from an active party or other person other information before the tribunal. To the extent a document or part of a document contains health information for a person, or to the extent other information is health information for a person, serious harm to the person includes significant health detriment to the person. The tribunal may make a confidentiality order on its own initiative or on the application of an active party. Also, the tribunal may make a confidentiality order in relation to a document or other information on the application of the entity who prepared or provided the document or other information. A person must not contravene a confidentiality order, unless the person has a reasonable excuse. Maximum penalty for subsection (5)—200 penalty units. '110 Non-publication or confidentiality order made before hearing '1)_ In a proceeding, a non-publication order or confidentiality order may be made before a hearing of the proceeding starts. '(2) However, a non-publication order or confidentiality order made before a hearing is vacated at the start of the hearing. '(3) Sections 111 to 113 do not apply in relation to a non-publication order or confidentiality order made before the hearing of the proceeding starts. '111. Standing for limitation order Page 674 'Each active party, and any entity that would be adversely affected by a proposed limitation order, has standing to be heard in relation to the making of the order. CO OANNDMN PW NE NY AUN BWNF CO \o 21 23 2529 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1446] Example— A journalist who would be excluded from a hearing by a proposed closure order would be an entity that would be adversely affected by the proposed order. Making and notifying decision for limitation order '(1) The tribunal must give its decision on the making of a limitation order as soon as practicable after hearing any submissions on the making of the order. '(2) As soon as practicable after making its decision, the tribunal must notify, and give a copy of its decision to— (a) the adult concerned in the matter; and (b) each other active party in the proceeding; and (c) each entity heard in relation to the order; and (d) _ the public advocate. '(3) The tribunal must also give a copy of its decision to anyone else who requests a copy. '(4) For subsection (3), it is sufficient for the tribunal to give a copy of the decision in a form that does not contravene section 114A. "(5) Also, within 45 days after making its decision, the tribunal must give the public advocate all information before the tribunal in its consideration of making the limitation order, including, for a confidentiality order, the document or other information being considered as the subject of the confidentiality order. Written reasons for limitation order and copy of reasons '(1) This section applies if the tribunal decides to make a limitation order. Page 675 BRWN 0 OAD WN CAN AUN FWY KF CO NWNOnNNWW ABRWNF OO 27 29 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1446] 2) 'B) (4) "O) (6) The tribunal must give written reasons for its decision to make the limitation order (other than an adult evidence order) and may give reasons for its decision to make an adult evidence order. If the tribunal gives written reasons for its decision, it must give a copy of the reasons within 45 days after making the decision to— (a) the adult concerned in the matter; and (b) each other active party in the proceeding; and (c) each entity heard in relation to the order; and (d) _ the public advocate. The tribunal must also give a copy of its written reasons to anyone else who requests a copy. For subsection (4), it is sufficient for the tribunal to give a copy of the written reasons in a form that does not contravene section 114A. The QCAT Act, sections 121 and 122 do not apply to limitation orders. '114 Procedural directions ") 2) 'B) (4) Page 676 The tribunal may— (a) direct a person to undergo examination by a doctor or psychologist in the ordinary course of the doctor's medical practice or the psychologist's practice; or (b) direct the person the subject of the proceeding to be brought before the tribunal. The tribunal may change or revoke a direction under subsection (1). A person must comply with a direction under subsection (1), unless the person has a reasonable excuse. If the tribunal gives a direction under subsection (1)(a), the tribunal may direct that a party pay for the examination. Co mMmANIDN PWN CN ANF WN KF CO 2225 27 29 31 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 "O) Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1446] In this section— psychologist means a_ general registrant under the Psychologists Registration Act 2001. '114A Publication about proceeding that discloses adult's identity ") 2) 'B) Generally, information about a guardianship proceeding may be published. However, a person must not, without reasonable excuse, publish information about a guardianship proceeding to the public, or a section of the public, if the publication is likely to lead to the identification of the relevant adult by a member of the public, or by a member of the section of the public to whom the information is published. Maximum penalty—200 penalty units. Notes— ¢ The publication of information about a tribunal proceeding may also be prohibited by a non-publication order—see section 108. ¢ — Also see the Child Protection Act 1999, section 189 (Prohibition of publication of information leading to identity of children). Subsection (2) does not apply— (a) to publication of information by the adult guardian, or the public advocate, if the adult guardian, or the public advocate, considers it is necessary in the public interest to publish the information in response to a prohibited publication by another entity; or (b) _ to publication of information after the relevant adult has died; or (c) to publication of information authorised by an order made under this section. Page 677 WN Com AD WF Om ANID NN FP WNrK OS NX So NWNNNW ABRWNR NW mon NW ow Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1446] (4) "O) (6) 7) "(8) Note— A non-publication order may prohibit publication of information about a tribunal proceeding disclosing health information about a person even after the person's death. The court may make an order authorising publication of information about a guardianship proceeding that is otherwise prohibited under subsection (2). The tribunal may make an order authorising publication of information about a tribunal proceeding that is otherwise prohibited under subsection (2). The court or tribunal may make an order under subsection (4) or (5) authorising publication only if the court or tribunal is satisfied the publication is in the public interest or the relevant adult's interest. The QCAT Act, section 125 does not apply for the purposes of this section. In this section— prohibited publication means publication of information about a guardianship proceeding to the public, or a section of the public, that is likely to lead to the identification of the relevant adult by a member of the public, or by a member of the section of the public to whom the information is published. relevant adult means the adult concerned in the matter, whether or not the court or tribunal decides the adult is an adult with impaired capacity. '114B No filing fee payable ") 2) Page 678 A fee is not payable to the tribunal for making an application, or filing another document, under this Act. Subsection (1) does not apply in relation to an appeal to the appeal tribunal under the QCAT Act chapter 2, part 8, division Com ADDN FWNH iS) COM NAN DAMN FWNF CO NNW WNre NNN oes 29 31 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1447] 1447 Amendment of s 115 (Scope of applications) Section 115(1), after 'made' — insert— ", as provided under the QCAT Act,'. 1448 Omission of ss 116 and 117 Sections 116 and 117— omit. 1449. Amendment of s 118 (Tribunal advises persons concerned of hearing) (1) Section 118(5), 'by direction under section 110'— omit, insert— 'by direction under the QCAT Act, section 62'. (2) Section 118(8)— renumber as section 118(9). (3) Section 118— insert— '(8) The QCAT Act, section 37 does not apply for the purposes of this section.'. 1450 Replacement of s 122 (Withdrawal by leave) Section 122— omit, insert— '122 Withdrawal by leave '(1)_ This section applies if the tribunal gives leave to an applicant to withdraw an application under the QCAT Act, section 46. Page 679 BR WN \o nn OID Nn FP WN KF OO 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1451] '(2) The tribunal must give notice of the withdrawal to the parties to the proceeding that the tribunal considers should receive notice of the withdrawal. '(3) The QCAT Act, section 46(2) does not apply to an applicant under this Act.'. Clause 1451 Amendment of s 123 (Right of active party to appear) Section 123(2)— omit. Clause 1452 Amendment of s 127 (Costs) Section 127— insert— '(3) Also, the following provisions of the QCAT Act, chapter 2, part 6, division 6 in relation to costs apply to the tribunal for proceedings under this Act— (a) section 101; (b) sections 103 to 109. Note— See also section 101.'. Clause 1453 Amendment of s 129 (Interim order) Section 129(7)— omit, insert— '(7) To exercise jurisdiction under subsection (6), the tribunal must be constituted by a legal member. Page 680 ANB WNr ern un WN KF CO 21 23 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1454] 1454 Omission of ss 132-133 Sections 132 and 133— omit. 1455 Omission of s 135 (Witnesses) Section 135— omit. 1456 Amendment of s 136 (Witness fees and expenses) Section 136(2) and (3)— omit, insert— '(2) Despite the QCAT Act, section 97(3), a witness is entitled to fees and expenses only if the tribunal makes an order under subsection (1).'. 1457 Amendment of s 137 (Offences by witnesses) (1) Section 137(1) and (2)— omit. (2) Section 137(3), 'Also, a'— omit, insert— (3) Section 137(3)(b), 'a notice under section 135(2)'— omit, insert— 'notice given by the tribunal under the QCAT Act, section 97(1)(b)'. (4) Section 137(6)(a)— omit, insert— (a) a proceeding for any of the following offences— Page 681 NRO OmOmANI HD FW 22 24 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1458] Gj) an offence against the QCAT Act, section 216 or 217; (ii) another offence about the falsity of the answer, document or thing; or (5) Section 137(3) to (6)— renumber as section 137(1) to (4). 1458 Amendment of s 138 (Advice, directions and recommendations) Section 138(1), note, 'section 143(d)'— omit, insert— "the QCAT Act, section 213(1)'. 1459 Amendment of s 138AA (Directions to former attorney) Section 138AA(1), note, 'section 143(d)'— omit, insert— "the QCAT Act, section 213(1)'. 1460 Replacement of s 138A (Tribunal may dismiss frivolous etc. applications) Section 138A— omit, insert— '138A Repeated applications for orders '(1)_ This section applies if the tribunal dismisses an application because it considers the application is frivolous, vexatious, misconceived or lacking in substance. '(2) The QCAT Act, section 49(2) does not apply to another application of the same kind in relation to the same matter.'. Page 682 Dn Nn PW Ne \o ON na kWh Co OND 2225 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1461] 1461 Omission of ss 139-145 Sections 139 to 145— omit. 1462 Omission of ch 7, pt 4A (Dispute resolution) Chapter 7, part 4A— omit. 1463. Amendment of s 148 (Application for entry and removal warrant) Section 148(2), 'Sections 116 and 118 do'— omit, insert— 'Section 118 does'. 1464 Replacement of ch 7, pt 6 (Decision) Chapter 7, part 6— omit, insert— 'Part 6 Decision '156 Making and notifying decision '(1)_ This section does not apply in relation to the making of a limitation order. Note— In relation to the making of a limitation order, see section 112. (2) Subject to section 157, as soon as practicable after making its decision, the tribunal must notify, and give a copy of its decision to, each relevant person. '(3) The tribunal must also give a copy of its decision to anyone else who requests a copy. Page 683 \o ON nan BP Wh Co Onan 2225 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1464] (4) "O) (6) 7) For subsection (3), it is sufficient for the tribunal to give a copy of the decision in a form that does not contravene section 114A. If the tribunal's decision does not include its reasons, the tribunal must give each relevant person a written notice stating that the relevant person may request the tribunal to give written reasons for its decision under the QCAT Act, section 122. The QCAT Act, section 122 applies to a request made by a relevant person for written reasons as if a reference in that section to a party to the proceeding were a reference to a relevant person. In this section— relevant person means— (a) the adult concerned in the matter; or (b) another active party in the proceeding; or (c) another person given notice of the hearing of the application. '157 Order postponing giving copy of decision ") 2) 'B) (4) Page 684 The tribunal may, by order (a postponement order), postpone notifying, and giving a copy of its decision to, a particular person under section 156. The tribunal may make a postponement order only if the tribunal is satisfied, on reasonable grounds, that making the order is necessary to avoid— (a) serious harm to a person; or (b) _ the effect of the decision being defeated. A postponement order has effect for the period specified in the order. The maximum period that may be specified in a postponement order is 14 days. CO WOINIDMNHK WNK CID Nn FW Nr O 212427 29 31 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 "O) Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1465] A postponement order may be renewed, but only if the tribunal is satisfied there are exceptional circumstances justifying the renewal. '158 Copy of reasons to be given ") 2) 'B) (4) "O) This section does not apply in relation to a decision to make a limitation order. Note— In relation to a decision to make a limitation order, see section 113. This section applies if the tribunal gives written reasons for its decision on an application about a matter. The tribunal must give a copy of the written reasons to— (a) the adult concerned in the matter; and (b) each other active party in the proceeding. The tribunal must also give a copy of its written reasons to anyone else who requests a copy. For subsection (4), it is sufficient for the tribunal to give a copy of the written reasons in a form that does not contravene section 114A.'. Clause 1465 Omission of ch 7, pt 7 (Review of registrar's decision) Chapter 7, part 7— omit. Clause 1466 Replacement of ss 163-165 Sections 163 to 165— omit, insert— "163 Appellant ") An eligible person may appeal against a tribunal decision, other than a non-appellable decision, in a proceeding as Page 685 WNrR Co mMOrN AN fF AAD NFP WN K CO 21 2325 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1466] 2) 'B) Page 686 provided under the QCAT Act and for that purpose the person is taken to be a party to the proceeding. Note— See also section 101. A non-appellable decision can not be appealed under the QCAT Act. In this section— eligible person— (a) means— (i) the person whose capacity for a matter was under consideration in the proceeding; or (ii) the applicant in the proceeding; or (iii) a person proposed for appointment by the proceeding; or (iv) a person whose power as guardian, administrator or attorney was changed or removed by the tribunal decision; or (v) the adult guardian; or (vi) the public trustee; or (b) (vii) the Attorney-General; or (viii)a person given leave to appeal by the appeal tribunal under the QCAT Act; and for a tribunal decision to make a limitation order, other than a non-appellable decision, also means an active party, or an entity adversely affected by the limitation order. non-appellable decision means a tribunal decision to make a limitation order under section 110. Co mrnN DAN fF WNeE Co Wm ANIDN FW NY KO iS) Oo NW Noe NNNN Dun wW NN aon Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1467] '164 Filing notice of appeal in particular circumstances 'If the tribunal makes 1 or more orders under section 157 postponing notifying, and giving a copy of, its decision for a specified period, the notice of appeal may be filed within 28 days after the later of the following days— (a) _ the last day of the specified period or periods; (b) the date of the written reasons for the tribunal's decision.'. Clause 1467 Omission of ch 7, pt 10 (Other provisions about proceedings) Chapter 7, part 10— omit. Clause 1468 Amendment of s 246 (Definitions for pt 4) Section 246, definition relevant tribunal person— omit, insert— 'relevant tribunal person means— (a) amember of the tribunal; or (b) _ the principal registrar or a registrar under the QCAT Act or another member of the administrative staff of the registry under that Act; or (c) an adjudicator or assessor appointed under the QCAT Act.'. Clause 1469 Amendment of s 247 (Whistleblowers' protection) Section 247(4), definition official, paragraph (a)— omit, insert— '(a) the principal registrar or a registrar under the QCAT Act or another member of the administrative staff of the registry under that Act; or'. Page 687 CON HD NARWN N NY SCOMmMmAN DMN fF WwW 22 2427 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1470] Clause 1470 Amendment of s 248 (Protection from liability if honest and not negligent) Section 248(4)— omit, insert— '(4) In this section— former member, of the former tribunal, means— (a) a person who was the president, a deputy president or another tribunal member of the former tribunal; or (b) aperson who was the registrar, a member of the staff, or a tribunal expert, of the former tribunal. former tribunal means the Guardianship and Administration Tribunal established under this Act before its abolition by the QCAT Act. person means— (a) the adult guardian or a member of the adult guardian's staff; or (b) a professional consulted or employed by the adult guardian or an adult guardian's delegate for an investigation; or (c) the public advocate or a member of the public advocate's staff; or (d) acommunity visitor; or (e) aformer member of the former tribunal.'. Clause 1471 Amendment of sch 4 (Dictionary) (1) Schedule 4, definitions adult evidence order, closure order, confidentiality order, dispute resolution, document, guardianship proceeding, health information, legal member, limitation order, non-publication order, personal experience member, prescribed non-contentious matter, presidential directions, presiding member, professional member, registrar, significant health detriment, tribunal and tribunal rules— Page 688 CO OND UN FW Ne CMAN DN FF WNKF CO NW re oO NON WN 262830 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 18 Amendment of Guardianship and Administration Act 2000 [s 1471] omit. (2) Schedule 4— insert— 'adult evidence order see section 106. Australian lawyer has the meaning given by the Legal Profession Act 2007. closure order see section 107. confidentiality order see section 109. document, for chapter 7, part 1, see section 99. guardianship proceeding— (a) means— (i) a proceeding under this Act before the tribunal; or (ii) a hearing, conference or interlocutory matter before the tribunal taken in connection with or incidental to a proceeding before the tribunal; or (iii) a proceeding in which the court is exercising concurrent jurisdiction with the tribunal; but (b) does not include a proceeding in which the court is exercising the powers of the tribunal under section 245. health information, for chapter 7, part 1, see section 99. legal member means a legally qualified member of the tribunal under the QCAT Act. limitation order see section 100. member, of the tribunal, means a member of the tribunal under the QCAT Act. non-publication order see section 108. ordinary member, of the tribunal, means an ordinary member of the tribunal under the QCAT Act. Page 689 Co mrnN AN fF WN Com AD NWSW NY KF CO iS) Oo NW Noe N w Nw ns N fon NN aon Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 19 Repeal of Guardianship and Administration Tribunal Rule 2004 [s 1472] presiding member, for a proceeding, means the member 1 presiding at the proceeding as provided for under the QCAT 2 Act. 3 registrar or registrar of the tribunal means the principal 4 registrar of the tribunal under the QCAT Act. 5 senior member, of the tribunal, means a senior member of the 6 tribunal under the QCAT Act. 7 significant health detriment, for chapter 7, part 1, see section 8 99. 9 tribunal means QCAT.'. 10 Part 19 Repeal of Guardianship and 1 Administration Tribunal Rule 2 2004 3 1472 Repeal 4 The Guardianship and Administration Tribunal Rule 2004, SL 5 No. 187 is repealed. 6 Part 20 Amendment of Judicial Review 17 Act 1991 18 1473 Act amended 19 This part amends the Judicial Review Act 1991. 20 Page 690 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1474] 1474 Amendment of sch 1 (Operation of other laws) Schedule 1, part 1, 'Retail Shop Leases Act 1994, section 88' and 'Small Claims Tribunals Act 1973, section 19'— omit. 1475 Amendment of sch 2 (Decisions for which reasons need not be given) Schedule 2, section 3(2), from 'a Misconduct Tribunal'— omit, insert— "QCAT under the Crime and Misconduct Act 2001.'. Part 21 Amendment of Legal Profession Act 2007 1476 Act amended This part amends the Legal Profession Act 2007. 1477 Amendment of s 10 (Information notices) (1) Section 10(1)(a), (b) and (c)— omit, insert— '(a) if the person may apply to the tribunal for a review of the decision—the matters mentioned in the QCAT Act, section 157(2); or (b) otherwise— (i) the decision; and (ii) the reasons for the decision; and (iii) if the person may appeal under this Act, that the person may appeal against the decision to the Page 691 BR WN omrn an w CMAN DWN fF 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1478] (2) Supreme Court and the day by which the appeal must be started.'. Section 10(3), from 'may appeal' to 'right'— omit, insert— 'may apply for a review, or appeal, within a number of days after the day the information notice is given to the person, a defect in the notice does not affect the person's right to apply for review or'. Clause 1478 Amendment of s 13 (Inherent jurisdiction of Supreme Court) Section 13(2)(b), from 'making'— omit, insert— 'making— (i) any order the committee may make under this Act; or (ii) any order or direction the tribunal may make under this Act or the QCAT Act.'. Clause 1479 Amendment of s 15 (Appeal period for appeal to Supreme Court or tribunal) d) (2) (3) Page 692 Section 15, heading, 'or tribunal'— omit. Section 15, 'or tribunal'— omit. Section 15(1), 'or the tribunal'— omit. CAAIADN FW NK AD NHR WN KF CO \o 212325 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1480] 1480 Amendment of s 26 (Associates who are disqualified or convicted persons) Section 26(4)(b)— omit, insert— '(b) the applicant may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. 1481 Amendment of s 32 (Early consideration of suitability) Section 32(3)(b), 'Supreme Court' — omit, insert— 'tribunal'. 1482 Amendment of s 33 (Involvement of Supreme Court whether by referral or on appeal) (1) Section 33, heading— omit, insert— 33 Involvement of tribunal and Supreme Court'. (2) Section 33(1)— omit, insert— '(1) If an application under section 32(2) is referred to the tribunal as mentioned in section 32(3)(b), the tribunal may give a direction to the board as the tribunal considers appropriate.'. 1483 Amendment of s 35 (Role of Supreme Court relating to application for admission) Section 35(5)— omit. Page 693 Dun fF WwW Ne on SCOmAAN DUN FW Ne Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1484] Clause 1484 Amendment of s 51 (Grant or renewal of local practising certificate) Section 51(9)— omit, insert— '(9) The applicant may apply, as provided under the QCAT Act, to the tribunal for a review of the decision to refuse to grant or renew the local practising certificate as mentioned in subsection (8). Note— For matters relevant to the imposition of conditions, see section 54.'. Clause 1485 Amendment of s 54 (Applications relating to conditions) (1) Section 54(2)(b)— omit, insert— '(b) the applicant may apply, as provided under the QCAT Act, to the tribunal for a review of the decision to impose the condition.'. (2) Section 54(4)(b)— omit, insert— '(b) the applicant may, within 28 days after the information notice is given to the applicant, apply, as provided under the QCAT Act, to the tribunal for a review of the decision to impose the condition.'. Clause 1486 Amendment of s 61 (Amending, suspending or cancelling a local practising certificate) Section 61(3)(b)— omit, insert— '(b)_ the certificate holder may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. Page 694 COC MONDN FW NK So CoA AN WN FS NNW NRF Ow 24 26 28 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1487] 1487 Amendment of s 62 (Operation of amendment, suspension or cancellation of local practising certificate) Section 62(3)(a), 'the Supreme Court may, on application of the certificate holder, — omit, insert— 'the tribunal may, on application of the certificate holder as provided under the QCAT Act,'. 1488 Amendment of s 63 (Immediate amendment or suspension of local practising certificate) Section 63(9)— omit, insert— "9) Also— (a) the regulatory authority may apply, as provided under the QCAT Acct, to the tribunal for an order extending the period of the amendment or suspension; and (b) if the tribunal considers it appropriate and_ the amendment or suspension has not ended under subsection (6), the tribunal may extend the period of the amendment or suspension for a further period of not more than 56 days after the date of the tribunal's order.'. 1489 Amendment of s 69 (Refusal, amendment, suspension or cancellation of local practising certificate because of failure to show cause) Section 69(3)(b)— omit, insert— '(b) the applicant or certificate holder may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. Page 695 NAD NWN BW NR \o SCOMINID NRW NY KF CO NX 2427 Queenslai nd Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1490] Clause 1490 Amendment of s 70 (Restriction on making further application) (1) Section 70(3), from 'appeal'— omit, insert— 'apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. (2) Section 70(4)— omit, insert— "(4) Subject to— Clause 1491 Clause 1492 Page 696 (a) a successful application for review of a decision under this section; or (b) asuccessful appeal against a decision under this section (as in force before the commencement of this subsection), the Legal Profession Act 2004, section 65, or under a corresponding law; a person against whom the decision has been made is not entitled to apply for the grant of a local practising certificate during the period stated in the decision.'. Amendment of s 76 (Additional condition on interstate legal practitioner engaging in legal practice in this jurisdiction) Section 76(3)(b)— omit, insert— '(b)_ the interstate legal practitioner may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. Amendment of s 87 (Health assessment) Section 87(5)— omit, insert— oO mrnN DUN FB WNKE CID AKRWN KF CO 21 23 2528 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1493] '(5) The subject person may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. Clause 1493 Amendment of s 91 (Use of health assessment report) Section 91(2)(b), after 'against' — insert— ", or on an application by the subject person for a review of, . Clause 1494 Amendment of s 98 (Law society and bar association to notify other jurisdictions about particular matters) (1) Section 98(1)(b), 'successfully appeals against the taking of' — omit, insert— 'is successful in an application to the tribunal for a review of a decision to take'. (2) Section 98(2) and (3)(b)(ii), 'appeal' — omit, insert— 'review'. Clause 1495 Amendment of s 183 (Grant or renewal of local registration) Section 183(4)(b)— omit, insert— '(b) the person may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. Clause 1496 Amendment of s 185 (Refusal to grant or renew registration) Section 185(7)(b)— omit, insert— Page 697 nn WwW N \o oN nun FB WN KF OC \o On 22 24 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1497] '(b) the person may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. Clause 1497 Amendment of s 188 (Amending, suspending or cancelling registration) Section 188(3)(a) and (b)— omit, insert— '(a) the law society must give the person an information notice about the law society's decision; and (b) the person may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. Clause 1498 Amendment of s 189 (Operation of amendment, suspension or cancellation of registration) Section 189(3)(a), 'the Supreme Court may, on application of the person' — omit, insert— 'the tribunal may, on application by the person as provided under the QCAT Act'. Clause 1499 Amendment of s 194 (Refusal, amendment, suspension or cancellation of local registration—failure to show cause) Section 194(3)(b)— omit, insert— '(b) the person may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. Page 698 NOR 0 ON NWN Nn FW NAD NWN BW NR lone c) 22 24 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1500] 1500 Amendment of s 195 (Restriction on making further applications) Section 195(3)(b)— omit, insert— '(b) the person may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. 1501 Amendment of s 197 (Immediate suspension of registration) Section 197(8)— omit, insert— "(8) Also— (a) the law society may apply, as provided under the QCAT Act, to the tribunal for an order extending the period of the suspension; and (b) if the tribunal considers it appropriate and_ the suspension has not ended under subsection (5), the tribunal may extend the period of the suspension for a further period of not more than a further 56 days after the date of the tribunal's order.'. 1502 Amendment of s 208 (Additional conditions on practice of interstate-registered foreign lawyers) Section 208(4)(b)— omit, insert— '(b) the person may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.'. Page 699 Dun fF WwW Ne \o ON COANDN PWN YK CO 2225 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1503] Clause 1503 Amendment of s 278 (Disqualification of person as external examiner) Section 278(6), from 'appeal' — omit, insert— 'apply, as provided under the QCAT Act, to the tribunal for a review of the decision to disqualify the individual.'. Clause 1504 Amendment of s 328 (Setting aside costs agreements) (1) Section 328(1), after 'Supreme Court'— insert— 'or the tribunal'. (2) Section 328— insert— '(1A)_ An application under subsection (1) to the tribunal must be made as provided under the QCAT Act.'. (3) Section 328(2) to (8), after "Supreme Court'— insert— 'or tribunal'. (4) Section 328— insert— '(9A) The tribunal may make a costs order under the QCAT Act in relation to a hearing under this section.'. Clause 1505 Amendment of s 375 (Time limit for making claims) (1) Section 375(1)(c)— omit, insert— '(c) if, on application as provided under the QCAT Act to the tribunal for a review of a decision of the law society to refuse to allow a further period for the claim, the Page 700 Dun fF WwW Ne on Po OO WOANANI HD NN PWN KF CO Nw RO NN WN NNN ones Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1506] tribunal allows a further period for making the claim—within the period allowed by the tribunal.'. (2) Section 375(2), 'Supreme Court'— omit, insert— 'tribunal'. 1506 Amendment of s 377 (Time limit for making claims following advertisement) (1) Section 377(2)(c)— omit, insert— '(c) if the tribunal allows a further period after the law society refuses to do so—within the period allowed by the tribunal.' . (2) Section 377(4), 'Supreme Court' — omit, insert— 'tribunal'. 1507 Amendment of ch 3, pt 3.6, div 7, hdg (Appeals) Chapter 3, part 3.6, division 7, heading, 'Appeals' — omit, insert— 'Review'. 1508 Replacement of ss 392 and 393 Sections 392 and 393— omit, insert— '392 Review of decision on claim '(1) Aclaimant may apply, as provided under the QCAT Act, to the tribunal for a review of either of the following decisions of the law society but not a decision to limit the amount payable, Page 701 oO ND an kW NR an FW NFO oO wmona 2123 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1508] 2) or to decline to pay an amount, made under the capping and sufficiency provisions of this jurisdiction— (a) a decision to wholly or partly disallow a claim; (b) a decision to reduce the amount allowed in relation to a claim. On an application under this section (review application)— (a) the applicant must establish that all or part of the amount sought to be recovered from the fidelity fund is not reasonably available from other sources, unless the law society waives that requirement; and (b) _ the tribunal may, on application by the law society, stay the review application pending further action being taken to seek recovery of that amount from other sources. '393 Review of failure to decide claim within 1 year ") 2) 'B) (4) Page 702 A claimant may apply, as provided under the QCAT Act, to the tribunal for a review of a failure of the law society to decide a claim after | year after the claim was made. An application for a review of a failure to decide a claim may be made at any time after the period of 1 year after the claim was made and while the failure continues. On an application under this section (review application)— (a) _ the applicant must establish that the whole or part of the amount sought to be recovered from the fidelity fund is not reasonably available from other sources, unless the law society waives that requirement; and (b) _ the tribunal may, on application by the law society, stay the review application pending further action being taken to seek recovery of that amount from other sources. The tribunal may decide the review— CAN DD WH W NE BRWNrF CO NX CO OND MN 22 2426 2830 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1509] (a) by giving directions to the law society to decide the matter expeditiously and— (i) if the tribunal is satisfied that there has been unreasonable delay—ordering that interest be paid at a stated rate that is higher than the rate applicable under section 384, until further order or the decision for the claim; or (ii) otherwise—ordering that, if delay continues in circumstances of a stated kind, interest be paid for a stated period at a stated rate that is higher than the rate applicable under section 384, until further order or the decision for the claim; or (b) by deciding not to give a direction or make an order under paragraph (a).'. 1509 Amendment of s 394 (Proceedings on appeal) (1) Section 394, heading, 'appeal'— omit, insert— 'review'. (2) Section 394, 'in a court'— omit, insert— 'before the tribunal'. 1510 Amendment of s 396 (Caps on payments) Section 396(5), after 'appeal'— insert— ', application for review'. Page 703 COM ADNHPW NR RW NRO omni nn 21 2325 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1511] Clause 1511 Amendment of s 451 (Duty to inform complainant about action taken for complaint) Section 451(3), 'section 650'— omit, insert— "sections 650 and 656D'. Clause 1512 Amendment of s 454 (Joinder) d) (2) (3) Section 454, heading— insert— 'by committee'. Section 454, from 'A' to 'rules,' — omit, insert— 'The committee may'. Section 454— insert— 'Note— See the QCAT Act, section 42 for joinders by the tribunal.'. Clause 1513 Amendment of s 455 (Variation of discipline application) Section 455(1), from ', on the commissioner's application, — omit. Clause 1514 Amendment of s 456 (Decisions of tribunal about an Australian legal practitioner) d) (2) Page 704 Section 456(1), 'is guilty of' — omit, insert— 'has engaged in'. Section 456(7), 'guilty of — oo wmonan na kW Ne nun BR WN KF CO on 21 2325 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1515] omit, insert— 'has engaged in'. Clause 1515 Replacement of s 457 (Orders to be filed in Supreme Court and information notices to be given to parties etc.) Section 457— omit, insert— '457 ~+Enforcement of orders etc. ") 2) 'B) (4) "O) (6) This section applies to the following— (a) an order under section 456 or 462 or part 4.10 in relation to a discipline application; (b) an order under the QCAT Act in relation to a discipline application that the tribunal dealt with on a review of the committee's decision under section 469. If the order is a compensation order— (a) the complainant may file the order in the registry of a court of competent jurisdiction; and (b) _ the tribunal's principal registrar must give the Minister a copy of the order and the tribunal's reasons for making the order. If the order is not a compensation order, the tribunal's principal registrar must— (a) file the order in a Supreme Court registry; and (b) give the Minister a copy of the order and the tribunal's reasons for making the order. On being filed under subsection (2) or (3), the order is an order of the court in whose registry it is filed and may be enforced accordingly. No charge may be made for filing an order under this section. Subsection (4) is subject to section 463.'. Page 705 N Oo WAN ND Nn PW CAN DUNN FF WNK CO Nw ro N N NN BW NNN ones NY WN \o © Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1516] Clause 1516 Amendment of s 458 (Decisions of committee about discipline application) Section 458(1), 'is guilty of' — omit, insert— 'has engaged in'. Clause 1517 Amendment of s 459 (Orders to be filed in Supreme Court and information notices to be given to parties etc.) Section 459(3), from 'no appeal' to 'the appeal'— omit, insert— 'no application as provided under the QCAT Act to the tribunal for a review of the decision within the time allowed for making the application'. Clause 1518 Amendment of s 462 (Costs) d) (2) (3) (4) 7) Page 706 Section 462(1), 'guilty'— omit, insert— 'to have engaged in prescribed conduct'. Section 462(2), 'not found guilty'— omit, insert— 'found not to have engaged in prescribed conduct'. Section 462(4)(a), 'is not guilty' — omit, insert— 'has not engaged in prescribed conduct'. Section 462(7)— omit, insert— The only other circumstances in which the tribunal exercising its jurisdiction in relation to a disciplinary application may oO ND na kW Ne NRO OoOmOmAN DN FW 212326 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 "(8) Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1519] award costs are the circumstances stated in the QCAT Act, section 103 or 104. Note— See the QCAT Act, sections 106 to 109 for provisions about the tribunal awarding costs. In this section— engaged in prescribed conduct means engaged in unsatisfactory professional conduct or _ professional misconduct, or engaged in misconduct in relation to a relevant practice, as mentioned in section 456(1) or 458(1).'. Clause 1519 Insertion of new s 462A After section 462— insert— '426A Institution of proceedings by the commissioner 'The commissioner may bring a proceeding under this part for the imposition or enforcement of a penalty.'. Clause 1520 Amendment of s 468 (Appeal may be made to Court of Appeal from tribunal's decision) (4) Section 468(4)— omit, insert— To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to a decision of the tribunal exercising its jurisdiction under this Act.'. Clause 1521 Replacement of s 469 (Appeal to tribunal against committee's decision) Section 469— omit, insert— Page 707 seen Dn NB W NRE Dun BW NN \o oN 2225 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1522] '469 Clause 1522 Clause 1523 Clause 1524 Application to tribunal for review of committee's decision 'd) A party dissatisfied with a final decision of the committee about a discipline application may apply, as provided under the QCAT Act, to the tribunal for a review of the decision. '(2) In the proceeding before QCAT for the review— (a) the committee is not a party; and (b) the commissioner is a party.'. Amendment of s 471 (Definition for pt 4.11) Section 471, definition disciplinary action, paragraph (a), "guilty of'— omit, insert— 'has engaged in'. Amendment of s 477 (General provisions about disclosure of information) Section 477(1)(c), after 'jurisdiction' — insert— '" , including the tribunal exercising jurisdiction other than jurisdiction mentioned in paragraph (a)'. Amendment of s 491 (Confidentiality of client communications) Section 491(1) 'part 7.2'— omit, insert— 'the QCAT Act'. Page 708 CearANI HD NABW NR Ww NFO Com nN WD Ws 22 24 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1525] 1525 Replacement of ch 7, pt 7.2, hdg and ch 7, pt 7.2, divs 1 and 2 and div 3, hdg Chapter 7, part 7.2, heading and chapter 7, part 7.2, divisions 1 and 2 and division 3, heading— omit, insert— 'Part 7.2 Provisions about proceedings before tribunal 'Division 1 Constitution of tribunal '598 Constitution of tribunal '(1) For a proceeding for a matter the tribunal is empowered to deal with under this Act, the tribunal is to be constituted by a judicial member who is a Supreme Court judge. "(2) However, if the tribunal has not been constituted for the proceeding— (a) the powers of the tribunal under the QCAT Act, section 47 or 48 are, and are only, exercisable by a judicial member; and (b) the following powers of the tribunal are, and are only, exercisable by a legally qualified member— (i) giving directions; (ii) making an order or another decision pending the final hearing of the matter, other than an order under a provision mentioned in paragraph (a); (iii) making an order under the QCAT Act, section 86. "(3) In this section— judicial member means a judicial member under the QCAT Act. legally qualified member means a legally qualified member under the QCAT Act. Page 709 ND UN BW NR Com ADDN FW NRK O NX So NNW WNre NY N nn & NW NO NW ow Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1525] 'Division 2 Panels, panel members and related matters '599 Panel to help the tribunal hear and decide discipline application ") 2) 'B) (4) "O) Page 710 This section applies for the tribunal's hearing and deciding of a discipline application. Although panel members do not constitute the tribunal, the tribunal is to be helped by 2 panel members chosen by the tribunal's principal registrar and approved by the tribunal as constituted under section 598. The panel members mentioned in subsection (2) must be— (a) 1 lay panel member; and (b) 1 of the following members— (i) if the complaint is about the conduct of a person who, at the time of performing the acts or omitting to do the acts constituting the conduct complained of, was a barrister or, in the opinion of the tribunal member, was engaged in legal practice in the manner of a _ barrister—a member of the practitioner panel who is a barrister; (ii) otherwise—a member of the practitioner panel who is a solicitor. However, if a panel member disqualifies himself or herself as mentioned in section 612(2), the tribunal may continue with the relevant hearing if the tribunal members consider it appropriate to do so. The tribunal's principal registrar must keep a record of the names of the panel members helping the tribunal and the discipline application for which the hearing is held.'. OmAN AN PW NY SOmMIAUMUSP WN KF CO NW NOR NNNN An WwW Nwn own Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1526] 1526 Amendment of s 607 (Establishment of panels for helping the tribunal) Section 607(3) and (4)— omit. 1527 Replacement of ch 7, pt 7.2, divs 4-6 Chapter 7, part 7.2, divisions 4 to 6— omit, insert— '612 Disclosure of interests '(1)_ Ifa panel member helping the tribunal becomes aware that the member has a conflict of interest about a proceeding before the tribunal, the member must disclose the issue giving rise to the conflict to— (a) _ the president of the tribunal under the QCAT Act; and (b) _ the parties to the proceeding. '(2) After making the disclosure, the panel member must disqualify himself or herself. '(3) A panel member has a conflict of interest about a proceeding if the member has an interest, financial or otherwise, that could conflict with the proper performance of the member's functions for the proceeding. '(4) Ifa panel member is disqualified, the tribunal may decide it is appropriate to proceed with the hearing with only 1 panel member. '613. Protection of panel members 'A panel member has, in the performance of the member's duties as a panel member, the same protection and immunity as a Supreme Court judge carrying out the functions of a judge.'. Page 711 RW Ne omWmrN nN NY SCOmMINI AN FW NRO NNW WNre 2628 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1528] Clause 1528 Amendment of s 640 (Conduct of committee for hearing and deciding discipline applications) Section 640(1), 'the tribunal rules' — omit, insert— 'a regulation'. Clause 1529 Amendment of s 641 (Disclosure of interests) Section 641(6) 'tribunal rules' — omit, insert— 'rules under the QCAT Act'. Clause 1530 Replacement of ch 7, pt 7.4, hdg and div 1, hdg Chapter 7, part 7.4, heading and division 1, heading— omit, insert— 'Part 7.4 Other provisions applying to committee for discipline applications 'Division 1 Parties to proceedings before committee'. Clause 1531 Amendment of s 643 (Parties) (1) Section 643(1), 'in a disciplinary body' — omit, insert— "before the committee'. (2) Section 643(3)(b) and (4), 'disciplinary body'— omit, insert— 'committee'. Page 712 oo wmonan nA BW NY KF CO 2123 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1532] Clause 1532 Amendment of s 644 (Public hearings) (1) Section 644(1), from 'a disciplinary body' to 'the disciplinary body' — omit, insert— 'the committee must be open to the public, unless the committee'. (2) Section 644(2), 'A disciplinary body'— omit, insert— 'The committee'. Clause 1533 Amendment of s 645 (Procedure for hearing by a disciplinary body) (1) Section 645, heading, 'a disciplinary body'— omit, insert— 'committee'. (2) Section 645(1), 'a disciplinary body'— omit, insert— 'the committee'. (3) Section 645(2), 'disciplinary body'— omit, insert— 'committee'. Clause 1534 Amendment of s 646 (Recording evidence) Section 646(1), 'A disciplinary body for a discipline application' — omit, insert— 'The committee'. Page 713 oO mrnN AN FF WN KF omMmrNI HD fF WN KO NX So 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1535] Clause 1535 Amendment of s 647 (Disciplinary body may proceed in absence of party or may adjourn hearing) (1) Section 647, heading, 'Disciplinary body'— omit, insert— 'Committee' . (2) Section 647(1), 'a disciplinary body'— omit, insert— 'the committee'. (3) Section 647(2), 'A disciplinary body'— Clause 1536 omit, insert— 'The committee'. Amendment of s 648 (Matter may be decided on affidavit evidence) (1) Section 648, 'a disciplinary body'— omit, insert— 'the committee'. (2) Section 648, 'the disciplinary body'— omit, insert— 'the committee'. (3) Section 648(b)(i), 'under the tribunal rules' — Clause 1537 omit, insert— 'as prescribed under a regulation'. Amendment of s 649 (Standard of proof) (1) Section 649(1), 'a disciplinary body'— Page 714 omit, insert— 'the committee'. oOo mMmrN DN BW NK oOo mMmrN DN F&F WY Nw WY NF Oo 24 26 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1538] (2) Section 649(1), 'the body'— omit, insert— 'the committee'. 1538 Amendment of s 650 (Prohibited publication about hearing of a disciplinary application) (1) Section 650(1)— omit, insert— '(1)_ The committee, either before, during or immediately after a hearing for a discipline application, may make an order prohibiting the publication of information stated in the order that relates to the discipline application, the hearing or an order of the committee.'. (2) Section 650(3) and (4), 'disciplinary body'— omit, insert— 'committee'. 1539 Amendment of ch 7, pt 7.4, div 3, hdg (Powers of disciplinary body) Chapter 7, part 7.4, division 3, heading, 'disciplinary body'— omit, insert— 'committee'. 1540 Amendment of s 651 (Power to disregard procedural lapses) (1) Section 651(1), 'A disciplinary body'— omit, insert— 'The committee'. (2) Section 651(1), 'the disciplinary body'— omit, insert— Page 715 om NAY WD Ws na kW NFO oo mona 22 2426 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1541] 'the committee'. (3) Section 651(3), 'disciplinary body's'— omit, insert— 'committee's'. Clause 1541 Amendment of s 652 (Directions for hearings) (1) Section 652(1)— omit, insert— '(1) The committee may issue directions in relation to a hearing before the committee.'. (2) Section 652(2), 'disciplinary body'— omit, insert— 'committee'. (3) Section 652(2)(a), "body's'— omit, insert— "committee's'. (4) Section 652(3)— omit, insert— '(3) Subsection (1) is subject to the practices and procedures prescribed under a regulation for hearings before the committee.'. Clause 1542 Amendment of s 653 (Attendance notice) (1) Section 653(1), 'A disciplinary body'— omit, insert— 'The committee'. Page 716 BR WN omArninn SCOmAANI DAU fF WN KF CO NX 23 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1543] (2) Section 653(2)(b) and (3), 'disciplinary body'— omit, insert— 'committee'. 1543. Replacement of s 654 (Authentication of documents) Section 654— omit, insert— "654 Authentication of documents 'd) A document relating to a proceeding for a discipline application requiring authentication by the committee is sufficiently authenticated if it is signed by the chairperson or deputy chairperson of the committee. '(2) Judicial notice must be taken of the signature of the chairperson or deputy chairperson of the committee that appears on a document issued by the committee.'. 1544 Insertion of new ch 7, pt 7.4A After section 656— insert— 'Part 7.4A Provisions applying to tribunal for discipline applications '656A Application of pt 7.4A 'This part applies for a proceeding before the tribunal for a discipline application. Note— The QCAT Act also applies to the proceeding. Page 717 OMNI DN fF BRWN FO om nian 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1544] '656B Entitlement to appear at hearing 'The complainant for a discipline application before the tribunal is entitled to appear at the hearing of the application in relation to— (a) those aspects of the hearing that relate to a request by the complainant for a compensation order; and (b) other aspects of the hearing, but only if the tribunal gives leave to the complainant to appear in relation to them. '656C Standard of proof ") 2) 'B) If an allegation of fact is not admitted or is challenged when the tribunal is hearing a discipline application, the tribunal may act on the allegation if the body is satisfied on the balance of probabilities that the allegation is true. For subsection (1), the degree of satisfaction required varies according to the consequences for the relevant Australian legal practitioner or law practice employee of finding the allegation to be true. In this section— Australian legal practitioner includes a person to whom chapter 4 applies as mentioned in section 417. '656D Prohibited publication about hearing of a discipline application ") 2) 3) Page 718 The tribunal, either before, during or immediately after a hearing, may make an order prohibiting the publication of information stated in the order that relates to the discipline application, the hearing or an order of the tribunal. A person must not contravene an order under subsection (1). Maximum penalty—200 penalty units. A person must not publish or allow someone else to publish— OMANI DAN PWN FOO ONDN HPWNF CO Nw 2527 29 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 (4) "O) (6) Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1544] (a) a question disallowed by the tribunal at the hearing; or (b) an answer given to a question disallowed by the tribunal at the hearing. Maximum penalty—200 penalty units. Also, the tribunal may make an order prohibiting— (a) the issue of the entire or part of a copy of the record made under the Recording of Evidence Act 1962; or (b) the publication of the entire or part of a copy of the record made under that Act. A person must not contravene an order under subsection (4). Maximum penalty—200 penalty units. In this section— publish includes publish on radio, television or the internet. record includes an audio recording. '656E Power to disregard procedural lapses ") 2) 'B) The tribunal may order that a failure by the commissioner to observe a procedural requirement in relation to a complaint, investigation matter or discipline application is to be disregarded, if the tribunal is satisfied the parties to the hearing have not been prejudiced by the failure. This section applies whether the failure happened— (a) before the making of the discipline application resulting from the complaint or investigation matter; or (b) after the making of the discipline application. Subsection (1) does not limit the tribunal's power to disregard a failure by another person to observe a_ procedural requirement.'. Page 719 Com AD WN FF WN RW NY FF CO Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1545] 1545 Amendment of s 704 (Disclosure of information by commissioner, regulatory authorities and other entities) (1) Section 704(1)(e)— renumber as section 704(1)(f). (2) Section 704(1)— insert— '(e)_ the tribunal's principal registrar;'. (3) Section 704(1)(f), as renumbered, 'paragraphs (a) to (d)'— omit, insert— "paragraphs (a) to (e)'. 1546 Amendment of s 707 (Protection from liability) Section 707(4)(b)— omit, insert— '(b) the committee, any member of the committee or a panel > member;'. 1547 Amendment of s 711 (Signatures) (1) Section 711(d)— omit. (2) Section 711(e) to @j— renumber as section 711(d) to (h). 1548 Amendment of s 714 (Approved forms) (1) Section 714(2)(b)— omit. (2) Section 714(2)(c) to (f}— renumber as section 714(2)(b) to (e). Page 720 oOo mMmrN DN BW NK nA WN oO wmona 22 24 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1549] 1549 Amendment of s 715 (Regulation-making power) Section 715(2)— insert— '(e) providing for the practice and procedure of the committee.' . 1550 Omission of ch 9, pt 9.9, hdg (Regulation-making power for transitional purposes) Chapter 9, part 9.9, heading— omit. 1551 Replacement of ch 10, hdg (Other transitional provision) Chapter 10, heading— omit, insert— 'Chapter 10 Other transitional provisions 'Part 1 Transitional provisions for the Consumer Credit (Queensland) and Other Acts Amendment Act 2008'. 1552 Insertion of new s 771 and ch 10, pt 2 After section 770— insert— '771 ~—~Expiry of pt 1, hdg 'Part 1, heading expires on 1 January 2010.'. Page 721 nA WN 0 OND RW NY FF CO arAanrnwnm 2123 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1552] 'Part 2 Transitional provisions for QCAT Amendment Act '772 Definitions for pt 2 'In this part— commencement means the commencement of this section. former tribunal means the former Legal Practice Tribunal. QCAT Amendment Act means the Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009. unamended Act means this Act as in force before the commencement. '773 Acts Interpretation Act 1954, section 20 not limited 'This part does not limit the Acts Interpretation Act 1954, section 20. Note— See also the QCAT Act, chapter 7. '774 Particular court decisions continue '(1)_ A stay ordered by the Supreme Court under section 62 or 189 of the unamended Act continues in effect as if the QCAT Amendment Act had not been enacted. '(2) An extension of a period of amendment of suspension by the Supreme Court under section 63 or 197 of the unamended Act continues in effect as if the QCAT Amendment Act had not been enacted. Page 722 OMAN WD NN FW Nn" WN 2224 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 21 Amendment of Legal Profession Act 2007 [s 1553] '775 'Particular notification giving requirement continues '(1)_ This section applies if, after the commencement, the Supreme Court decides an appeal against a decision mentioned in section 98(1)(a) in favour of an Australian lawyer. '(2) Section 98(2) and (3) of the unamended Act continues to apply in relation to the decision in the appeal as if the QCAT Amendment Act had not been enacted. '776 Particular orders taken to be orders of QCAT "1) An order made by the former tribunal under section 650(1) as in force before the commencement— (a) is taken to be an order made by QCAT under section 656D(1); and (b) section 656D applies to the order accordingly. "(2) An order made by the former tribunal under section 650(4) as in force before the commencement— (a) is taken to be an order made by QCAT under section 656D(4); and (b) section 656D applies to the order accordingly. '777 Authentication of documents continues 'Section 654 of the unamended Act continues to apply in relation to the following as if the QCAT Amendment Act had not been enacted— (a) documents relating to a proceeding before the former tribunal; (b) documents issued by the former tribunal.'. Clause 1553 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions tribunal, tribunal member and tribunal rules— Page 723 NYDN PWN \o ow CAD NHK W NF CO 2124 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 22 Repeal of Legal Profession (Tribunal and Committee) Rule 2007 [s 1554] omit. (2) Schedule 2— insert— 'commencement, for chapter 10, part 2, see section 772. former tribunal, for chapter 10, part 2, see section 772. QCAT Amendment Act, for chapter 10, part 2, see section 772. tribunal means QCAT. tribunal's principal registrar means the principal registrar under the QCAT Act. unamended Act, for chapter 10, part 2, see section 772.'. (3) Schedule 2, definition panel member, 'division 3'— omit, insert— 'division 2'. Part 22 Repeal of Legal Profession (Tribunal and Committee) Rule Clause 1554 Repeal The Legal Profession (Tribunal and Committee) Rule 2007, SL No. 154 is repealed. Page 724 eoarAID Nn BP WN eo So a BR WN 1620 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 23 Amendment of Magistrates Act 1991 [s 1555] Part 23 Amendment of Magistrates Act 1555 Act amended This part amends the Magistrates Act 1991. 1556 Amendment of s 53J (Practice direction) (1) Section 53J(1)(b) and (c)— omit. (2) Section 53J(1)(d) and (e)— renumber as section 53J(1)(b) and (c). 1557 Amendment of s 53K (Referring application or matter) Section 53K(2), 'section 53J(1)(e)'— omit, insert— "section 53J(1)(c)'. 1558 Amendment of s 53L (Decision of judicial registrar taken to be decision of magistrate) (1) Section 53L(b)— omit. (2) Section 53L(c) and (d)— renumber as section 53L(b) and (c). Page 725 oMmrnNnnann Ww NF Oo Co mnt nuns Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 24 Amendment of Magistrates Courts Act 1921 [s 1559] Part 24 Amendment of Magistrates Courts Act 1921 Clause 1559 Act amended This part amends the Magistrates Courts Act 1921. Clause 1560 Amendment of s 2 (Definitions) Section 2, definitions minor claim and minor debt claim— omit. Clause 1561 Amendment of s 45A (Limitation on appeal if minor debt claim) (1) Section 45A, heading, 'minor debt claim'— omit, insert— 'simplified procedures apply' . (2) Section 45A(1)— omit. (3) Section 45A(2), 'Also, if' — omit, insert— 'Tf'. Clause 1562 Omission of s 52 (Publication of particulars of minor debt claims) Section 52— omit. Page 726 \o NA UN fF WN KF CO \o 21 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 25 Amendment of Misconduct Tribunals Act 1997 [s 1563] Part 25 Amendment of Misconduct Tribunals Act 1997 1563 Act amended This part amends the Misconduct Tribunals Act 1997. 1564 Amendment of ss 11, 17, 18 and 19 Sections 11(3), 17(a), 18 and 19(1), 'registrar'— omit, insert— 'director'. 1565 Omission of s 40 (Registrar and tribunal staff) Section 40— omit. 1566 Amendment of s 44 (Confidentiality) (1) Section 44(1)(a), both subparagraphs (ii) — omit, insert— '@i) a former registrar or former registrar staff member; or (iii) the director or another staff member of the registry under the Commercial and Consumer Tribunal Act 2003; and'. (2) Section 44— insert— '(4) In this section— former registrar means a person appointed as the registrar of misconduct tribunals under the repealed section 40. Page 727 omarninawn OMANI AN FW WN Nw WY NF Oo NN BW Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 26 Amendment of Powers of Attorney Act 1998 [s 1567] former registrar staff member means a person employed as a member of the registrar's staff under the repealed section 40. repealed section 40 means section 40 as in force before its repeal by the Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009.'. Clause 1567 Amendment of schedule (Dictionary) (1) Schedule, definition registrar— omit. (2) Schedule— insert— 'director means the director of the registry under the Commercial and Consumer Tribunal Act 2003.' . Part 26 Amendment of Powers of Attorney Act 1998 Clause 1568 Act amended This part amends the Powers of Attorney Act 1998. Clause 1569 Amendment of s 109A (Guardianship and Administration Tribunal also has jurisdiction and powers about enduring documents) Section 109A, heading, 'Guardianship and Administration Tribunal' — omit, insert— 'Queensland Civil and Administrative Tribunal'. Page 728 MBW NR onmona lon 'oon 22 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1570] 1570 Amendment of sch 3 (Dictionary) Schedule 3, definition tribunal— omit, insert— 'tribunal means QCAT.'. Part 27 Amendment of Retail Shop Leases Act 1994 1571 Act amended This part amends the Retail Shop Leases Act 1994. 1572 Amendment of s 14 (Continued application of certain provisions of former Act to existing retail shop leases) Section 14(2)(d), 'a tribunal under this Act'— omit, insert— 'QCAT'. 1573 Amendment of s 22E (Effect of failure to comply with sections 22A-22D) Section 22E(2), 'ask the tribunal'— omit, insert— 'apply, as provided under the QCAT Act, to QCAT'. 1574 Amendment of s 26 (Lessor not to disclose turnover information) Section 26(2)(b)(v)— Page 729 BR WN Ww NF Oo on DH Ws 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1575] omit, insert— '(v) a mediator under this Act or QCAT; or'. Clause 1575 Amendment of s 32 (Valuer to give determination to lessor and lessee) Section 32(e)— omit, insert— '(e) if a retail tenancy dispute under section 30 proceeds to mediation or QCAT under part 8—the lessor gives the lease information to the valuer as required by or under a mediation agreement made under the part, or order made by QCATY. Clause 1576 Amendment of s 46B (Matters tribunal may consider in deciding if a party's conduct is unconscionable) (1) Section 46B, heading, 'tribunal'— omit, insert— 'QCAT'. (2) Section 46B(1), (3) and (4), 'the tribunal'— omit, insert— "QCAT"'. (3) Section 46B(2), 'The tribunal' — omit, insert— "QCAT"'. Clause 1577 Amendment of s 57 (Limited right of representation) Section 57(b), 'approved agent' — omit, insert— 'agent approved by the mediator'. Page 730 N OmAN HD NM PW oOo mMmrN DN F&F WY Nw WY NF Oo 24 26 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1578] 1578 Replacement of pt 8, div 3, hdg (Reference of retail tenancy disputes to tribunal) Part 8, division 3, heading— omit, insert— 'Division 3 Reference of retail tenancy disputes and applications to QCAT'. 1579 Amendment of s 63 (Reference of dispute—by mediator) (1) Section 63(1)(a), all words before subparagraph (i)— omit, insert— '(a) a retail tenancy dispute is within QCAT's jurisdiction and'. (2) Section 63(1)(a), after subparagraph (i11)— insert— 'Note— See section 103 for QCAT's jurisdiction.'. (3) Section 63(2)— omit, insert— '(2) The mediator must refer the dispute, as provided under the QCAT Act, to QCAT. '(3) The party who lodged the notice of the dispute under section 55 is the applicant in the proceeding before QCAT for the dispute.' . 1580 Replacement of s 64 (Reference of dispute—by party) Section 64— omit, insert— Page 731 Dn FW Ne Com A DNF WN KO NNW NRO 24 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1581] '64 Application to QCAT—by party ')_ A party to a retail tenancy dispute may apply, as provided under the QCAT Act, to QCAT for an order to resolve the dispute if— (a) any of the following provisions apply— (i) _ the party claims that another party to a mediation agreement has not complied with the agreement within the time stated in it or, if no time is stated, within 2 months after the agreement is signed; (ii) a mediator refuses to refer the dispute to QCAT because the mediator is of the opinion that the dispute is not within QCAT's jurisdiction; (iii) a court has ordered that a proceeding started in the court for the dispute be removed to QCAT or another tribunal; and (b) _ the retail shop lease has not ended (whether by expiry, surrender or termination) more than 1 year before the dispute notice was lodged. "(2) In this section— mediation agreement includes a mediation agreement under section 26 of the former Act.'. 1581 Omission of pt 8, div 4 (Retail tenancy disputes hearings) Part 8, division 4— omit. 1582 Replacement of pt 8, div 5, hdg (Provisions about tribunal orders) Part 8, division 5, heading— omit, insert— 'Division 4 Provision about QCAT orders'. Page 732 CMHANID NWN BRWN NY Fo OO MOND WPW NK CO N 24 26 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1583] Clause 1583 Amendment of s 83 (Tribunals' orders) (1) Section 83, heading— omit, insert— '83. QCAT orders'. (2) Section 83(1), (2) and (3), 'the tribunal' — omit, insert— "QCAT"'. (3) Section 83(1), 'the retail'— omit, insert— 'a retail'. (4) Section 83(4) and (5)— omit. Clause 1584 Omission of ss 84-884; pt 8, div 6; and pt 8, div 7, hdg (1) Sections 84 to 88A and part 8, division 6— omit. (2) Part 8, division 7, heading— omit, insert— 'Division 5 General'. Clause 1585 Replacement of ss 91-93 Sections 91 to 93— omit, insert— '91 Withdrawal of disputes "1)_ A person may, by written notice given to the chief executive, withdraw a dispute notice lodged by the person for a retail tenancy dispute, unless— Page 733 COoOmMmNI DN BW NY N wmnyntnan ff WwW 2124 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1586] 2) 'B) (a) a mediator has referred the dispute to QCAT under section 63(2); or (b) _ the person has made an application about the dispute to QCAT as mentioned in section 64. Note— The QCAT Act, section 46 provides for the withdrawal of referrals and applications mentioned in paragraphs (a) and (b). The notice may be given before or after a mediator has started mediating the dispute. If the chief executive has nominated a mediator for the dispute, the chief executive must advise the mediator of the withdrawal as soon as practicable after receiving the notice.'. Clause 1586 Amendment of s 94 (Exclusion of other jurisdictions) d) 2) Page 734 Section 94(2)— omit, insert— Subsection (1) does not apply if— (a) the notice of the dispute is withdrawn under section 91 or the referral of, or application for, the dispute is withdrawn under the QCAT Act; or (b) a proceeding about the issue in dispute was started in a court before the dispute notice was lodged and the proceeding has not been removed, or transferred, to QCAT; or (c) an application for an order in the nature of an injunction about the issue in dispute is made to a court; or (d) a mediator or QCAT refuses to mediate or hear the dispute because the mediator or QCAT is of the opinion the dispute is not within the jurisdiction of a mediator or QCAT; or (e) the mediator can not reach a solution to the dispute and QCAT does not have jurisdiction to hear the dispute.'. COD AND MN PW NK N COAN DN FW 2123 25 2729 31 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1587] (2) Section 94(4), 'tribunal'— omit, insert— "QCAT'. Clause 1587 Amendment of s 97 (Mediators' jurisdiction) Section 97(1)(c)— omit, insert— '(c) under a retail shop lease for the carrying on of the business of a service station, if the Trade Practices (Industry Codes—Oilcode) Regulations 2006 (Cwlth) apply to the carrying on of the business under a fuel re-selling agreement within the meaning of those regulations.'. Clause 1588 Replacement of pt 9, div 2 (Retail shop leases tribunals) Part 9, division 2— omit, insert— 'Division 2 Provisions for QCAT proceedings '102 Constitution of QCAT '(1) Subject to subsection (2), for a proceeding for a retail shop lease dispute, QCAT is to be constituted by the following persons who are QCAT members— (a) a legally qualified member; (b) a person representing lessors under retail shop leases; (c) aperson representing lessees under retail shop leases. '(2) If the amount, value or damages in dispute is less than the QCAT prescribed amount, QCAT may be constituted by— (a) a legally qualified member; or (b) a QCAT adjudicator. Page 735 COMPANY DN fF NRO n nf WwW ~ 2225 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1588] "(3) In this section— legally qualified member means a person who is a legally qualified member under the QCAT Act. QCAT adjudicator means an adjudicator under the QCAT Act. QCAT member means a member under the QCAT Act. QCAT prescribed amount means the prescribed amount under the QCAT Act. '103. QCAT's jurisdiction '(1) QCAT has jurisdiction to hear retail tenancy disputes, other than a retail tenancy dispute— Page 736 (a) (b) (c) (d) about an issue between the parties that— (i) is the subject of arbitration; or (ii) has been the subject of an interim or final award in an arbitration proceeding; or (iii) is before, or has been decided by, a court; or about— (i) _ arrears of rent under a retail shop lease; or (ii) the amount of rent payable under a retail shop lease; or (iii) the amount of a lessor's outgoings under a retail shop lease; or if the amount, value or damages in dispute is more than the monetary limit within the meaning of the District Court of Queensland Act 1967, section 68; or under a retail shop lease for the carrying on of the business of a service station, if the Trade Practices (Industry Codes—Oilcode) Regulations 2006 (Cwlth) apply to the carrying on of the business under a fuel CAI DD NAR WN eorntna nk WN KO NX ow NW NOR NNN On & W& Nwny OoWmND Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1589] re-selling agreement within the meaning of those regulations. "(2) However, QCAT has jurisdiction to hear a retail tenancy dispute about— 'B) (a) (b) (d) For subsection (1)(a)(i), a retail tenancy dispute is only the the procedure for the determination of rent payable under a retail shop lease, but not the actual amount of the rent; or the basis on which the lessor's outgoings are payable by, and the procedure for charging the lessor's outgoings to, a lessee under a retail shop lease, but not the actual amount of the outgoings; or whether an item, or part of an item, of the lessor's outgoings for the retail shopping centre or leased building in which a leased shop is situated was reasonably incurred in, or directly attributable to, the operations, maintenance or repair of the centre or building; or arrears of rent payable under a retail shop lease if the dispute is also about the payment of compensation by the lessor to the lessee under the lease. subject of arbitration if the arbitration proceeding has started.'. Clause 1589 Amendment of s 113 (Mediators and tribunal members to maintain secrecy) d) (2) Section 113, heading, before 'tribunal'— insert— 'former'. Section 113, before 'tribunal'— insert— 'former'. Page 737 COD ANADNN BPW NK NY SOM ADUNAWN KF CO NNW WN re 25 272931 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1590] (3) Section 113(1), after 'process'— insert— 'or the hearing of a matter under part 8, division 4 as in force before the commencement'. (4) Section 113— insert— "(3) In this section— commencement means the commencement of this subsection. former tribunal member means a member of a tribunal established under this Act before the commencement.'. Clause 1590 Amendment of s 114 (Ordinary protection and immunity allowed) (1) Section 114(1) and (2)— omit, insert— 'd) A mediator has, in the performance of the mediator's function, the same protection and immunity as a Supreme Court judge carrying out the functions of a judge. '(2) A person who is a party, or the party's agent, appearing at a mediation process for a retail tenancy dispute has the same protection and immunity the person would have if the dispute were in the Supreme Court.'. (2) Section 114(3), 'dispute resolution' — omit, insert— 'mediation'. Clause 1591 Amendment of s 115 (Admissions made during dispute resolution process) (1) Section 115, heading, 'dispute resolution process' — omit, insert— Page 738 Co mrnNnt nn BW NY So NY SCOmWNDN FW NR NY NN NY BR WN 26 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 1592 (2) (3) Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1592] 'mediation conference'. Section 115(1), 'a tribunal'— omit, insert— 'tribunal'. Section 115(2)— omit. Amendment of s 116 (Register) d) (2) (3) (4) 'B) (4) Section 116(1), 'mediators, tribunal panel members'— omit, insert— 'mediators'. Section 116(2), after 'for each dispute'— insert— 'for which a dispute notice is lodged under section 55'. Section 116(2)(e)— omit. Section 116(3) and (4)— omit, insert— The chief executive must keep the register open for inspection by members of the public during office hours on business days at a place reasonably accessible to the public. A person may inspect the register, or obtain a copy of the register or a part of it, on payment of the fee (if any) prescribed under a regulation.'. Page 739 Dn nn fF WN on \o NY SCOmAANI DAU fF WN KF CO NNW WNre Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1593] 1593 Amendment of s 117 (Delegations) Section 117(2), after 'executive's'— insert— 'functions or'. 1594 Amendment of s 119 (Chief executive's responsibility) Section 119(a), 'department, mediators and tribunals' — omit, insert— 'department and mediators'. 1595 Amendment of s 120 (Evidentiary provisions) (1) Section 120(3)— omit. (2) Section 120(4)— renumber as section 120(3). 1596 Amendment of s 121 (Regulation-making power) Section 121(2)(b) and (c)— omit, insert— '(b) the practices and procedures of the mediation process.'. 1597 Replacement of pt 12, divs 1-3, hdgs (1) Part 12, division 1, heading— omit, insert— 'Division 1 Provision for Act No. 47 of 1994'. (2) Part 12, division 2, heading— omit, insert— Page 740 omarninawn RW N Fe 1 a) NAW sf \o wo 21 23 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1598] 'Division 2 Provisions for Act No. 19 of 2000'. (3) Part 12, division 3, heading— omit, insert— 'Division 3 Provision for Act No. 4 of 2006'. 1598 Insertion of new pt 12, div 4 Part 12— insert— 'Division 4 Provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 '130 Definitions for div 4 'In this division— commencement means the commencement of this section. former tribunal legal member means a person who was a tribunal legal member within the meaning of this Act as in force before the commencement. previous, if followed by a section number, means the section of that number as in force before the commencement. Note— See also the QCAT Act, chapter 7. '131 Application of s 64 '(1)__ This section applies if, before the commencement— (a) amediator refused to refer a retail tenancy dispute to the chief executive because the mediator was of the opinion Page 741 A om rninwn COoOm ADM HWW NY wv re Oo 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1598] 2) (b) that the dispute was not within a tribunal's jurisdiction; or a court ordered that a proceeding started in the court for the dispute be removed to a tribunal. Section 64 applies to the dispute as if the mediator refused to refer the dispute to QCAT or the court ordered that the proceeding be removed to QCAT. '132 Existing referrals of and applications about retail tenancy disputes to chief executive '(1)_ This section applies if, before the commencement, a retail tenancy dispute— 2) 'B) (4) Page 742 (a) (b) (c) was referred to the chief executive under previous section 63(2) or previous section 64(2); and had not been referred to a former tribunal legal member under previous section 65(1); and had not been withdrawn. This section also applies if, before the commencement, an application about a retail tenancy dispute— was made to the chief executive under previous section 89(2); and had not been renewed under previous section 90; and had not been withdrawn. The chief executive must refer the dispute to QCAT. The party who lodged the notice of the dispute under section 55 or made the application under previous section 89(2) is the applicant in the proceeding before QCAT for the dispute. ADM PW NK \o oo SCO ON DUP WN FO NY NR WY WY WN NNN oes Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 27 Amendment of Retail Shop Leases Act 1994 [s 1599] '133 Existing referrals of retail tenancy disputes to former tribunal legal member ") 2) 'B) (4) This section applies if, before the commencement, a retail tenancy dispute— (a) was referred to a former tribunal legal member under previous section 65; and (b) had not been withdrawn, struck out or otherwise disposed of. From the commencement— (a) the retail tenancy dispute is taken to be an existing tribunal proceeding for the prescribed QCAT Act provisions; and (b) the party who lodged the notice of the dispute under section 55 is the applicant in the proceeding before QCAT for the dispute. Also, for applying the prescribed QCAT Act provisions in relation to the dispute, the former tribunal legal member is taken to be a former tribunal. In this section— prescribed QCAT Act provisions means the following provisions of the QCAT Act, chapter 7— (a) part 1; (b) section 254; (c) part 2, division 3; (d)_ part 4'. Clause 1599 Amendment of schedule (Dictionary) d) Schedule, definitions approved agent, attendance notice, chairperson, dispute resolution process, original order, renewed retail tenancy dispute, tribunal, tribunal legal member, tribunal member, tribunal panel and tribunal panel member— Page 743 C0 ON AN BW NK CAD NHW NFO \o NW reo YN 'R NY N nn BF WN 2830 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 9 Department of Justice and Attorney-General Part 28 Amendment of Supreme Court of Queensland Act 1991 [s 1600] omit. (2) Schedule— insert— 'dispute resolution process means— (a) a mediation process; or (b) the hearing, by QCAT, of a retail tenancy dispute under the QCAT Act. mediation process— (a) means the process of mediation of a retail tenancy dispute under part 8; and (b) includes all steps taken in making arrangements for a mediation conference or in the follow-up of the mediation conference.'. (3) Schedule, definition, 2000 amendment Act— relocate to section 13(9). Part 28 Amendment of Supreme Court of Queensland Act 1991 1600 Act amended This part amends the Supreme Court of Queensland Act 1991. 1601 Amendment of sch 1 (Subject matter for rules) Schedule 1, section 13(h), 'minor debt claims and other' — omit, insert— 'particular'. Page 744 eoarAID Nn BP WN eo So PRR WNrR ee na 17 19 21 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 10 Department of Police Part 1 Amendment of Police Service Administration Act 1990 [s 1602] Clause 1602 Amendment of sch 2 (Dictionary) Schedule 2, definitions minor claim and minor debt claim— omit. Chapter 10 Department of Police Part 1 Amendment of Police Service Administration Act 1990 Clause 1603 Act amended This part amends the Police Service Administration Act 1990. Clause 1604 Amendment of s 4.5 (Removal and suspension of commissioner) (1) Section 4.5(3), after 'office are' — insert— 'the following'. (2) Section 4.5(3)(c)— omit, insert— '(c) a finding by QCAT of official misconduct being proved against the commissioner if QCAT orders the commissioner's dismissal;'. Clause 1605 Amendment of s 7.4 (Disciplinary action) (1) Section 7.4(1)— insert— Page 745 AAD VN FSF WN KF CO 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 10 Department of Police Part 1 Amendment of Police Service Administration Act 1990 [s 1606] (2) "(2A) (3) "O) 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Section 7.4(2A)— omit, insert— If the prescribed officer— (a) decides an allegation of misconduct brought against the officer; or (b) when deciding an allegation of breach of discipline brought against the officer, finds that misconduct is proved against the officer; the commissioner must give a QCAT information notice to the officer and the Crime and Misconduct Commission for the decision or finding within 14 days after the making of the decision or finding.'. Section 7.4— insert— To remove any doubt, it is declared that a reference in the QCAT Act, section 157(2) to a decision includes a reference to a finding.'. Clause 1606 Amendment of s 9.1 (Operation of part) Page 746 Section 9.1, from 'right of appeal'— omit, insert— 'right to seek a review of the decision in question under the Crime and Misconduct Act 2001, section 219G.'. Com AD WN FW NK CAN DWN FWNKF CO 21 24 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Part 2 Chapter 10 Department of Police Part 2 Amendment of Prostitution Act 1999 [s 1607] Amendment of Prostitution Act 1607 Act amended This part amends the Prostitution Act 1999. 1608 Replacement of pt 4, divs 3-8 Part 4, divisions 3 to 8— omit, insert— 'Division 3 Review by QCAT '64A Review of decisions about code assessment '(1) This section applies if an assessment manager decides a development application requires code assessment under the Integrated Planning Act. '(2) The applicant for the development application may apply, as provided under the QCAT Act, to QCAT for a review of any of the following decisions of the assessment manager about the application— (a) a decision that the development application is required to be subject to code assessment under the Integrated Planning Act; (b) a decision to refuse, or refuse part of, the application; (c) a decision about a matter stated in a development approval, including a decision about any condition applying to the development; (d) a decision to give a preliminary approval when a development permit was applied for; (e) a decision about a period stated in a development approval under the Integrated Planning Act, section 3.5.21(1)(b), (2)(c) or (3)(b); Page 747 aoarnaninann OMAN ADANKW NYO NX So NNN WNre NN ns NNW ana Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 10 Department of Police Part 2 Amendment of Prostitution Act 1999 [s 1608] 'B) (4) "O) (f) a decision that is taken to have happened for a deemed refusal. For working out the period within which the application must be made under the QCAT Act, section 33, the applicant is taken to have been notified of the decision when the following is given to the applicant under the Integrated Planning Act— (a) the decision notice for the decision; (b) if a negotiated decision notice is also given to the applicant—the negotiated decision notice. Note— Under the QCAT Act, section 157(1), the assessment manager is required to give the applicant a notice complying with that section about each decision mentioned in subsection (2). If an appeal is made to the Planning and Environment Court about a decision mentioned in subsection (2), the court must not hear or decide the appeal. This section does not prevent the making of an application under the Integrated Planning Act, section 4.1.21 for a declaration about the meaning, effect or enforcement of a condition of a development approval. '64B_ Review of decisions about impact assessment ") 2) 'B) Page 748 This section applies if an acknowledgment notice under the Integrated Planning Act for a development application contains a statement that an aspect of the development applied for requires impact assessment. The applicant for the development application may apply, as provided under the QCAT Act, to QCAT for a review of the assessment manager's decision that the aspect requires impact assessment. For working out the period within which the application must be made under the QCAT Act, section 33, the applicant is taken to have been notified of the decision when the applicant is given the acknowledgement notice. Com A DUNPW NK SCOMNIY ANH WNRrK CO NX 2325 2729 3133 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 (4) "O) Chapter 10 Department of Police Part 2 Amendment of Prostitution Act 1999 [s 1608] Note— Under the QCAT Act, section 157(1), the assessment manager is required to give the applicant a notice complying with that section about the decision. If an appeal is made to the Planning and Environment Court about a decision mentioned in subsection (2), the court must not hear or decide the appeal. This section does not prevent the making of an application under the Integrated Planning Act, section 4.1.21 for a declaration about the meaning, effect or enforcement of a condition of a development approval. '64C Procedures for review ") 2) 'B) (4) This section applies if, under section 64A or 64B, an applicant for a development application applies to QCAT for a review of a decision of the assessment manager. The obligation imposed on the applicant, under the QCAT Act, section 37, to give a copy of the application to the assessment manager must be complied with within 5 business days after the day the application for review is made. The obligation imposed on the assessment manager, under the QCAT Act, section 21(2), to give a statement of reasons, documents and other things to QCAT must be complied with within 10 business days after the day the assessment manager is notified of the making of the application for review. Within 10 business days after receiving material from the assessment manager under the QCAT Act, section 21(2), QCAT must— (a) make a preliminary assessment of the decision of the assessment manager that is the subject of the review; and (b) give a copy of the preliminary assessment and the reasons for the preliminary assessment to the parties to the review. Page 749 Com NNDMN PWN re oO COMAAD NALW WN NNNNW BRWNrF OS NbYWw AUDNMN wWNN ow ow WW WwW WNrR Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 10 Department of Police Part 2 Amendment of Prostitution Act 1999 [s 1608] "O) (6) 7) QCAT must give the parties to the review 10 business days after receiving the preliminary assessment to make written submissions about the assessment. QCAT must decide the review within 5 business days after the end of the period for making written submissions, unless the period for deciding the review is extended under subsection (7). If QCAT considers it appropriate, QCAT may extend the period for deciding the review to the extent necessary. Example— An extension of the period for deciding the review may be necessary to allow parties to make oral submissions to QCAT or because the review is complex. '64D No appeal from QCAT's decision under the Integrated Planning Act ") 2) This section applies to a QCAT decision in a proceeding for a review under this division that, under the QCAT Act, section 24(2), is taken to be a decision of an assessment manager. The decision is not subject to appeal under the Integrated Planning Act. Note— However, the QCAT Act, chapter 2, part 8 (Appeals etc.) applies to QCAT's decisions in the proceeding for the review. '64E Development approval suspended until review decided Page 750 'A development approval is suspended until the end of any period for applying to QCAT for a review of a decision about any matter stated in the approval and any proceeding started because of the review.'. Com ADNH WNKe WNr © NX CO OND WS 23 25 2729 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 10 Department of Police Part 2 Amendment of Prostitution Act 1999 [s 1609] Clause 1609 Amendment of s 132 (Evidentiary provision) Section 132(2) and (3), ', the independent assessor' — omit. Clause 1610 Amendment of s 133 (Disclosure of information) (1) Section 133(3), definition official, after 'means'— insert— "a person who is or was'. (2) Section 133(3), definition official, paragraph (d)— omit, insert— '(d) the independent assessor under this Act, as in force before the commencement of the QCAT Act, chapter 7; ° or'. (3) Section 133(3), definition official, paragraph (f)— omit, insert— '(f) the assessor's registrar under this Act, as in force before the commencement of the QCAT Act, chapter 7; or'. Clause 1611 Amendment of s 134 (Protection of officials from liability) (1) Section 134(3), definition official, paragraph (d)— omit. (2) Section 134(3), definition official, paragraphs (e) and (f)— renumber as paragraphs (d) and (e). Clause 1612 Replacement of pt 9, divs 1-4, hdgs (1) Part 9, division 1, heading— omit, insert— 'Division 1 Provision for Act No. 77 of 2001'. Page 751 oOo mMmrN DN Ff Aun fF WwW NFO on 21 23 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 10 Department of Police Part 2 Amendment of Prostitution Act 1999 [s 1613] (2) Part 9, division 2, heading— omit, insert— 'Division 2 Provisions for Act No. 40 of 2006'. (3) Part 9, division 3, heading— omit, insert— 'Division 3 Provision for Act No. 59 of 2007'. (4) Part 9, division 4, heading— omit, insert— 'Division 4 Provision for Act No. 55 of 2008'. 1613 Insertion of new pt 9, div 5 Part 9— insert— 'Division 5 Provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 '152 Definition for div 5 'In this division— commencement means the commencement of section 153. "153 Independent assessor goes out of office "On the commencement, the independent assessor goes out of office. Page 752 AuNnNKRW NY KF CO on 22 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 10 Department of Police Part 2 Amendment of Prostitution Act 1999 [s 1614] '154 Application of particular QCAT Act provisions to former independent assessor and former assessor's registrar '1) From the commencement, the following provisions of the QCAT Act apply in relation to the former independent assessor as if the former independent assessor were a former tribunal under that Act— ° sections 250 to 253 and 254(1)(a) ° chapter 7, part 2, divisions 2 to 4 ° chapter 7, part 4 ° section 276. '(2) For applying the QCAT Act, section 276 in relation to the former independent assessor, a reference in the section to a former Act is taken to be a reference to this Act. '(3) Also, from the commencement, the QCAT Act, section 254(1)(d) applies to the former assessor's registrar as if the reference in the paragraph to a former registrar were a reference to the former assessor's registrar. '(4) In this section— former assessor's registrar means the person holding appointment as the assessor's registrar for this Act immediately before the commencement. former independent assessor means the person holding appointment as an independent assessor for this Act immediately before the commencement.'. 1614 Amendment of sch 4 (Dictionary) Schedule 4, definitions assessor's registrar and independent assessor— omit. Page 753 CW ADNH WNK DAAIADMN PWN KF CO \o NNW NRO NNN On & W& 28 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 10 Department of Police Part 3 Amendment of Prostitution Regulation 2000 [s 1615] Part 3 Amendment of Prostitution Regulation 2000 1615 Regulation amended This part amends the Prostitution Regulation 2000. 1616 Amendment of sch 2 (Fees) Schedule 2, item 19— omit. Part 4 Amendment of Weapons Act 1617 Act amended This part amends the Weapons Act 1990. 1618 Amendment of pt 6, hdg (Appeals and rights of review) Part 6, heading— omit, insert— 'Part 6 Rights of review and other appeals'. 1619 Amendment of s 142 (Right to appeal against decisions) (1) Section 142, heading, from 'appeal' — omit, insert— 'apply for review of decisions'. Page 754 nun fF WN Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 10 Department of Police Part 4 Amendment of Weapons Act 1990 [s 1620] (2) Section 142(2) and (3)— omit, insert— '(2) A person aggrieved by the decision may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. 1620 Insertion of new s 142AA After section 142— insert— '142AA Notices must be QCAT information notices '(1)_ This section applies to a notice required to be given to a person in relation to a decision mentioned in section 142(1). '(2) The notice must be a QCAT information notice for the decision.' . 1621 Amendment of s 142A (Particular provision for appeals against or reviews of decisions based on criminal intelligence) (1) Section 142A, heading— omit, insert— '142A Confidentiality of criminal intelligence'. (2) Section 142A(1)— omit, insert— '(1) | This section applies to— (a) areview, under the QCAT Act, of a relevant decision; or (b) a review, under the Judicial Review Act 1991, of a relevant decision; or (c) an appeal, under the QCAT Acct, in relation to a relevant decision.'. (3) Section 142A(2), after 'court' — insert— Page 755 oWmrnNn nn RW nN Noe 0 mWOmN WD NSW 2124 26 28 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 10 Department of Police Part 4 Amendment of Weapons Act 1990 [s 1622] 'or tribunal'. (4) Section 142A(3), definition review— omit. 1622 Omission of ss 143 and 144 Sections 143 and 144— omit. 1623 Amendment of s 145 (Appellant may carry on business pending appeal) (1) Section 145, heading— omit, insert— '145 Applicant may carry on business pending review'. (2) Section 145, 'appeals against' — omit, insert— 'applies for the review of". (3) Section 145, 'appeal'— omit, insert— 'review'. 1624 Omission of ss 146-149 Sections 146 to 149— omit. 1625 Amendment of sch 2 (Dictionary) Schedule 2— insert— Page 756 \o worn YD UN fF wWN KY CO \o wo 22 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 11 Department of the Premier and Cabinet Part 1 Amendment of Public Sector Ethics Act 1994 [s 1626] 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Chapter 11 Department of the Premier and Cabinet Part 1 Amendment of Public Sector Ethics Act 1994 Clause 1626 Act amended This part amends the Public Sector Ethics Act 1994. Clause 1627 Amendment of schedule (Dictionary) (1) Schedule, definition tribunal, paragraph (a), 'a tribunal'— omit, insert— 'QCAT or another tribunal that is'. (2) Schedule, definition tribunal, paragraph (d)— omit. Page 757 1113 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 11 Department of the Premier and Cabinet Part 2 Amendment of Public Service Act 2008 [s 1628] Part 2 Amendment of Public Service Act 2008 Clause 1628 Act amended This part amends the Public Service Act 2008. Clause 1629 Amendment of sch 2 (Statutory office holders who are not term appointees) (1) Schedule 2, entry for the Anti-Discrimination Act 1991, second dot point— omit. (2) Schedule 2, entries for the Children Services Tribunal Act 2000, Classification of Computer Games and Images Regulation 2005, Classification of Films Regulation 1992, Classification of Publications Regulation 1992, Fisheries Act 1994 and Misconduct Tribunals Act 1997— omit. (3) Schedule 2— insert— "Queensland Civil and Administrative Tribunal Act 2009 ° a member of QCAT'. Part 3 Amendment of South Bank Corporation Act 1989 Clause 1630 Act amended This part amends the South Bank Corporation Act 1989. Page 758 Co mOrn an Co mn NN BPWNrK OO 21 23 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 11 Department of the Premier and Cabinet Part 3 Amendment of South Bank Corporation Act 1989 [s 1631] 1631 Amendment of s 7 (Establishment of corporation) Section 7(b), after 'jurisdiction' — insert— 'or tribunal'. 1632 Amendment of s 83 (Power to exclude persons causing public nuisance) Section 83— insert— '(7) A written notice mentioned in subsection (5) must comply with the QCAT Act, section 157(2). '(8) For the purposes of the QCAT Act, a decision made by a security officer under subsection (5) is taken to have been made by the corporation.'. 1633 Amendment of s 87 (Certain exclusion directions may be reviewed) (1) Section 87(1)— omit, insert— "1)_ A person who is given a reviewable exclusion direction may apply, as provided under the QCAT Act, to QCAT to review the reasonableness of the direction.'. (2) Section 87(2), 'The'— omit, insert— "However, the'. (3) Section 87(3), 'registrar or clerk of the court'— omit, insert— 'principal registrar of QCAT'. Page 759 oo mn aN RW N Fe WNrR Oo Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 11 Department of the Premier and Cabinet Part 4 Amendment of Whistleblowers Protection Act 1994 [s 1634] 1634 Replacement s 89 (Procedure for review) Section 89— omit, insert— '89 Review may be expedited hearing 'For section 94(1)(b) of the QCAT Act, the review of a reviewable exclusion direction is a matter for which an expedited hearing may be conducted.'. 1635 Replacement of s 90 (Decision on review) Section 90— omit, insert— 90 Monetary decision can not be made on review "QCAT, on the review of a reviewable exclusion direction, can not make a decision requiring a person to pay an amount to someone else.'. Part 4 Amendment of Whistleblowers Protection Act 1994 1636 Act amended This part amends the Whistleblowers Protection Act 1994. 1637 Amendment of s 55 (Preservation of confidentiality) Section 55(7)— insert— 'public officer includes a former member of the former misconduct tribunal established under the repealed Misconduct Tribunals Act 1997, section 11.'. Page 760 ADM BW NY \o ow 11 1321 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 1 Amendment of Architects Act 2002 [s 1638] Clause 1638 Amendment of sch 6 (Dictionary) (1) Schedule, definition tribunal, paragraph (a), 'a tribunal'— omit, insert— 'QCAT or another tribunal that is'. (2) Schedule 6, definition tribunal, paragraph (d)— omit. Chapter 12 Department of Public Works Part 1 Amendment of Architects Act Clause 1639 Act amended This part amends the Architects Act 2002. Clause 1640 Amendment of s 106 (Board to reimburse tribunal costs) Section 106(2), definition tribunal department, 'Tribunal Act' — omit, insert— "QCAT Act'. Clause 1641 Omission of pt 8, div 1 (Preliminary) Part 8, division 1— omit. Page 761 Dn nn fF WN nn FW WN on Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 1 Amendment of Architects Act 2002 [s 1642] 1642 Renumbering of pt 8, div 2 (Reviews) Part 8, division 2— renumber as part 8, division 1. 1643 Amendment of s 121 (Review of particular decisions) Section 121(2), 'apply to'— omit, insert— 'apply, as provided under the QCAT Act, to'. 1644 Omission of s 123 (Stay of operation of decision) Section 123— omit. 1645 Renumbering of pt 8, div 3 (Disciplinary proceedings) Part 8, division 3— renumber as part 8, division 2. 1646 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition Tribunal Act— omit. (2) Schedule 2, definition information notice— omit, insert— 'information notice means a notice complying with the QCAT Act, section 157(2).'. (3) Schedule 2, definition tribunal— omit, insert— 'tribunal means QCAT.'. Page 762 NA WN sf \o ow Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 2 Amendment of Building and Construction Industry Payments Act 2004 [s 1647] Part 2 Amendment of Building and Construction Industry Payments Act 2004 1647 Act amended This part amends the Building and Construction Industry Payments Act 2004. 1648 Amendment of s 95 (Review decision) Section 95(3)— omit, insert— '(3) If the review decision is not the decision sought by the applicant, the review notice must comply with the QCAT Act, section 157(2).'. 1649 Amendment of 96 (Stay of operation of decision) Section 96(1), 'apply for'— omit, insert— 'apply, as provided under the QCAT Acct, for'. 1650 Replacement of pt 5, div 2, hdg (Review by tribunal) Part 5, division 2, heading— omit, insert— 'Division 2 External review of decisions'. 1651 Amendment of s 97 (Who may apply to tribunal for a review) (1) Section 97, heading 'a'— omit, insert— Page 763 nn nn WwW N on 22 24 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 3 Amendment of Domestic Building Contracts Act 2000 [s 1652] 'an external'. (2) Section 97, 'apply to'— omit, insert— 'apply, as provided under the QCAT Act, to'. 1652 Omission of s 98 (Stay of operation of decision) Section 98— omit. 1653 Amendment of sch 2 (Dictionary) Schedule 2, definition tribunal— omit, insert— 'tribunal means QCAT.'. Part 3 Amendment of Domestic Building Contracts Act 2000 1654 Act amended This part amends the Domestic Building Contracts Act 2000. 1655 Amendment of s 18 (Effective completion date or period) Section 18(6)(b), 'made to'— omit, insert— "made, as provided under the QCAT Act, to'. Page 764 BR WN nn 11 na oO wmona Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 3 Amendment of Domestic Building Contracts Act 2000 [s 1656] 1656 Amendment of s 55 (Cost plus contracts) Section 55(4), 'made to'— omit, insert— "made, as provided under the QCAT Act, to'. 1657 Amendment of s 60 (Effect of improper statements) Section 60(3), 'made to'— omit, insert— "made, as provided under the QCAT Act, to'. 1658 Amendment of s 84 (Right of building contractor to recover amount for variation) (1) Section 84(2)(b), 'made to'— omit, insert— "made, as provided under the QCAT Act, to'. (2) Section 84(3)(b), 'made to'— omit, insert— "made, as provided under the QCAT Act, to'. 1659 Amendment of sch 2 (Dictionary) Schedule 2, definition tribunal— omit, insert— 'tribunal means QCAT.'. Page 765 RW Ne omarninawn aDHnunk WN KF CO Clause Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 4 Amendment of Professional Engineers Act 2002 [s 1660] Part 4 Amendment of Professional Engineers Act 2002 1660 Act amended This part amends the Professional Engineers Act 2002. 1661 Amendment of s 106 (Board to reimburse tribunal costs) Section 106(2), definition tribunal department, 'Tribunal Act' — omit, insert— "QCAT Act'. 1662 Omission of pt 8, div 1 (Preliminary) Part 8, division 1— omit. 1663 Renumbering of pt 8, div 2 (Reviews) Part 8, division 2— renumber as part 8, division 1. 1664 Amendment of s 122 (Review of particular decisions) Section 122(2), 'apply to'— omit, insert— 'apply, as provided under the QCAT Act, to'. 1665 Omission of s 124 (Stay of operation of decision) Section 124— omit. Page 766 omrAnnnN oMmona 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 5 Amendment of Queensland Building Services Authority Act 1991 [s 1666] Clause 1666 Renumbering of pt 8, div 3 (Disciplinary proceedings) Part 8, division 3— renumber as part 8, division 2. Clause 1667 Omission of s 128 (Starting disciplinary proceeding) Section 128— omit. Clause 1668 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition Tribunal Act— omit. (2) Schedule 2, definition information notice— omit, insert— 'information notice means a notice complying with the QCAT Act, section 157(2).'. (3) Schedule 2, definition tribunal— omit, insert— 'tribunal means QCAT.'. Part 5 Amendment of Queensland Building Services Authority Act Clause 1669 Act amended This part amends the Queensland Building Services Authority Act 199]. Page 767 nn BR WN KF CO 1822 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 5 Amendment of Queensland Building Services Authority Act 1991 [s 1670] Clause 1670 Amendment of s 44H (Procedure for cancellation or suspension) Section 44H(4)— omit, insert— '(4) The notice of cancellation or suspension must comply with the QCAT Act, section 157(2).'. Clause 1671 Amendment of s 49 (Procedure for cancellation or suspension) Section 49(4)— omit, insert— '(4) The notice of cancellation or suspension must comply with the QCAT Act, section 157(2).'. Clause 1672 Amendment of s 49A (Immediate suspension of licence) Section 49A(2)— omit, insert— '(2) The suspension under subsection (1) is imposed by written notice given to the licensee that complies with the QCAT Act, section 157(2) and— (a) _ states that licensee may make written representations for a lifting of the suspension; and (b) briefly explains how the suspension could lapse under subsection (3).'. Clause 1673 Amendment of s 67 (Notice that not a fit and proper person to individual who is not a licensee) Section 67(3)— insert— '(d) how, and the period within which, the individual may apply to the tribunal for the review; and Page 768 \o worn DAN BW NR Noe NY SCO WIND NN FW 22 24 26 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Clause 1674 Clause 1675 Clause 1676 Chapter 12 Department of Public Works Part 5 Amendment of Queensland Building Services Authority Act 1991 [s 1674] (e) any right the individual has to have the operation of the authority's decision stayed by the tribunal.'. Amendment of s 67AH (Notice of cancellation and that not a fit and proper person to individual who is a licensee) Section 67AH(3)(c)— insert— '(ii) how, and the period within which, the individual may apply to the tribunal for the review; and (iv) any right the individual has to have the operation of the authority's decision stayed by the tribunal.'. Amendment of s 67AI (Notice that not a fit and proper person to individual who is not a licensee) Section 67AI(3)— insert— '(d) how, and the period within which, the individual may apply to the tribunal for the review; and (e) any right the individual has to have the operation of the authority's decision stayed by the tribunal.'. Amendment of s 67AL (Notice of cancellation and that not a fit and proper person to director, secretary, influential person or nominee who is a licensee) Section 67AL(3)(c)— insert— 'dii) how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and Page 769 NOR om IA NWN NSW COmA AND NN FP WW 22 24 26 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 5 Amendment of Queensland Building Services Authority Act 1991 [s 1677] (iv) any right the director, secretary, influential person or nominee has to have the operation of the authority's decision stayed by the tribunal.'. 1677 Amendment of s 67AM (Notice that not a fit and proper person to director, secretary, influential person or nominee who is not a licensee) Section 67AM(3)— insert— '(d) how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and (e) any right the director, secretary, influential person or nominee has to have the operation of the authority's decision stayed by the tribunal.' 1678 Amendment of s 67AP (Relationship of this part with pt 7, div 4) Section 67AP(3)(b), editor's note— omit. 1679 Amendment of s 67AQ (Definitions for pt 3E) Section 67AQ, definition conviction, paragraph (e), "Tribunal Act' — omit, insert— "QCAT Act'. 1680 Amendment of s 67AZF (Notice of cancellation and that not a fit and proper person to individual who is a licensee) Section 67AZF(3)(c)— Page 770 oo ON ANA WNre BWN FO onan 21 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 5 Amendment of Queensland Building Services Authority Act 1991 [s 1681] insert— '(ii) how, and the period within which, the individual may apply to the tribunal for the review; and (iv) any right the individual has to have the operation of the authority's decision stayed by the tribunal.'. Clause 1681 Amendment of s 67AZG (Notice that not a fit and proper person to individual who is not a licensee) Section 67AZG(3)— insert— '(d) how, and the period within which, the individual may apply to the tribunal for the review; and (e) any right the individual has to have the operation of the authority's decision stayed by the tribunal.'. Clause 1682 Amendment of s 67AZJ (Notice of cancellation and that not a fit and proper person to director, secretary, influential person or nominee who is a licensee) Section 67AZJ(3)(c)— insert— 'dii) how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and (iv) any right the director, secretary, influential person or nominee has to have the operation of the authority's decision stayed by the tribunal.'. Clause 1683 Amendment of s 67AZK (Notice that not a fit and proper person to director, secretary, influential person or nominee who is not a licensee) Section 67AZK(3)— insert— Page 771 oo mOmnNnaN Ak WN WN Fo on ANA 232629 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 5 Amendment of Queensland Building Services Authority Act 1991 [s 1684] '(d) how, and the period within which, the director, secretary, influential person or nominee may apply to the tribunal for the review; and (e) any right the director, secretary, influential person or nominee has to have the operation of the authority's decision stayed by the tribunal.' 1684 Amendment of s 77 (Tribunal may decide building dispute) Section 77(1), 'apply to'-— omit, insert— 'apply, as provided under the QCAT Act, to'. 1685 Amendment of s 84 (Tribunal to decide about rectification or completion work) Section 84(2) and (4), 'apply to>— omit, insert— 'apply, as provided under the QCAT Act, to'. 1686 Amendment of s 87 (Application for review) Section 87, 'apply to'-— omit, insert— 'apply, as provided under the QCAT Act, to'. 1687 Amendment of s 88 (Tribunal has jurisdiction to conduct disciplinary proceeding) Section 88, 'apply to'-— omit, insert— 'apply, as provided under the QCAT Act, to'. Page 772 Dunk WnNr \o ON Dn Nn fF WH 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 5 Amendment of Queensland Building Services Authority Act 1991 [s 1688] Clause 1688 Replacement of s 91 (Orders for disciplinary action) Section 91— omit, insert— '91 Orders for disciplinary action ") 2) 'B) (4) "O) If the tribunal decides that appropriate grounds exist for taking disciplinary action against a person, the tribunal may make | or more of the orders mentioned in subsections (3) to (5). Also, the tribunal may, in relation to defective or incomplete tribunal work carried out by a person for a building owner— (a) make an order that the person rectify or complete the work; or (b) if the person is not appropriately licensed to rectify or complete the work—make an order that the person have the work rectified or completed by another person who is appropriately licensed; or (c) make an order that the person pay the building owner an amount sufficient to rectify or complete the work. The tribunal may make an order imposing a penalty on the person of not more than— (a) for an individual—an amount equivalent to 200 penalty units; or (b) for a corporation—an amount equivalent to 1000 penalty units. The tribunal may make an order directing the person to pay compensation to someone else who has suffered loss or damage because of the act or omission that resulted in the disciplinary action. If the person is a licensee, the tribunal may make an order— (a) reprimanding the licensee; or (b) suspending the licence; or (c) imposing conditions on the licence; or Page 773 CO OAINNDMN FWY ONY ANBW NK CO NX ow NW Noe NN BW NNvyw COrIDN Ww WwW NY NF Oo 0 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 5 Amendment of Queensland Building Services Authority Act 1991 [s 1689] (6) 7) (d) cancelling the licence. An order of the tribunal under subsections (3) to (5) must be published. The authority may recover an amount ordered by the tribunal to be imposed as a penalty as a debt due to it in a court with jurisdiction up to the amount of the debt.'. Clause 1689 Insertion of new s 92A Part 7, division 5— insert— '92A Procedure before public examination starts ") 2) 'B) (4) "O) Page 774 Before the start of a public examination, the tribunal must be satisfied each person to be examined has received written grounds for the public examination. On being satisfied under subsection (1), the tribunal must— (a) decide a time and place for the public examination; and (b) issue an attendance notice to each person to be examined. If a person to be examined is a corporation, the tribunal must issue the attendance notice requiring the executive officer of the corporation to attend the tribunal for examination. The attendance notice must state— (a) _ the time and place for the public examination decided by the tribunal; and (b) _ that the person may make oral and written submissions at the examination. The authority must serve the attendance notice on the person to whom it was issued.'. Dunk WN ~ \o NX COMMAND NU FF WNK CO N — NN Wh Nw ns NW mon Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 5 Amendment of Queensland Building Services Authority Act 1991 [s 1690] 1690 Replacement of pt 7, div 7 (Transfer of proceedings) Part 7, division 7— omit, insert— 'Division 7 Tribunal proceedings '93A Representation of parties '(1)_ This section applies to a party in a proceeding before the tribunal relating to a matter under this Act. '(2) The party may be represented by a lawyer if— (a) the proceeding relates to an application under section 93; or (b) _ the proceeding is a public examination. '94 Transfer of proceedings between tribunal and the courts 'If proceedings relating to a major commercial building dispute are brought in a court, the court may order that the proceeding be transferred to the tribunal only if all parties to the dispute apply for the order.' . 1691 Omission of pt 7, div 8, hdg (Expedited hearings) Part 7, division 8, heading— omit. 1692 Amendment of s 95 (Expedited hearing of domestic building disputes) Section 95(2)(a), 'apply to'>— omit, insert— 'apply, as provided under the QCAT Act, to'. Page 775 BR WN Re omrAnnnN ADNH Wh \o wo 22 24 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 5 Amendment of Queensland Building Services Authority Act 1991 [s 1693] 1693 Omission of s 97 (Judicial Review excluded for minor domestic building disputes) Section 97— '97 omit. Insertion of new pt 7, div 8 Part 7, after section 96— insert— 'Division 8 Other powers of the tribunal Entry and inspection of property by member of tribunal '1) A member of the tribunal may, if it is necessary to do so for the purposes of a proceeding before the tribunal— (a) (b) Page 776 enter and inspect a building or land relevant to the proceeding accompanied by the parties to the proceeding; or authorise a person in writing to take the following action and report to the tribunal on the action taken— (i) enter and inspect a building or land relevant to the proceeding; (ii) take photographs, video film or an image of the building or land or anything relevant to the proceeding; (iii) carry out tests approved by the tribunal. Examples of building or land relevant to the proceeding— ¢ adisplay home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party ¢ land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land RW Ne aoarninan Com AD NPW NK CO NW wv NRO NN BR WwW NNN NTNAN WNN laNokeo-<) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 2) Chapter 12 Department of Public Works Part 5 Amendment of Queensland Building Services Authority Act 1991 [s 1694] A person must not obstruct a member of the tribunal, or a person authorised under subsection (1)(b), in the exercise of a power mentioned in subsection (1). Maximum penalty—200 penalty units. '97A Procedure before entry ") 2) This section applies to entry under section 97. Before entering a building or land the member or a person authorised to enter must do or make a reasonable attempt to do the following— (a) give an occupier or, if there is no occupier, the owner, reasonable notice of the entry; (b) on arriving at the building or land, identify himself or herself to a person present who is an occupier of the building or land by producing— (i) for the member—a copy of a document that evidences the member's appointment; or (ii) for a person authorised to enter—a copy of the authorisation and evidence that the person is the person authorised; (c) give the person present a copy of the things produced under subsection (2)(b); (d) _ tell the person present the member or authorised person is permitted to enter the building or land. '97B Stop orders ") 2) This section applies if the tribunal is satisfied, on application by the authority, that something is being done, or is about to be done, in contravention of this Act. The tribunal may, by order, prohibit the person who is doing, or about to do, the thing (the prohibited person) from starting or continuing the thing. Page 777 BR WNF OMANI DUN COMPANY DANN PWN KO Nw ro NN Wh 2629 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 5 Amendment of Queensland Building Services Authority Act 1991 [s 1694] 'B) (4) "O) The tribunal may make an order under this section on application by the authority made without notice to the prohibited person but, in that case, the tribunal must allow the prohibited person a reasonable opportunity to show cause why the order should not be confirmed. If the tribunal, after considering the prohibited person's evidence and submissions, if any, and any further evidence or submissions of the authority, is not satisfied the order should continue in force, the tribunal must rescind the order. A person must not contravene an order under this section. Maximum penalty—S00 penalty units. '97C Suspension orders ") 2) 'B) (4) Page 778 If the tribunal is satisfied, on application by the authority, that a licence should be suspended, the tribunal may, by order, suspend the licence— (a) for the period the tribunal considers reasonable; or (b) until the holder of the licence (the suspended person) complies with a condition imposed on the licence by the tribunal. The order may direct the suspended person to deliver the licence to the authority and include any other directions the tribunal considers necessary or convenient to give effect to the order. The tribunal may make an order under this section on application made without notice to the suspended person but, in that case, the tribunal must allow the suspended person a reasonable opportunity to show cause why the order should be rescinded. If the tribunal after considering the suspended person's evidence and submissions, if any, and any further evidence or submissions of the authority, is not satisfied the order should continue in force, the tribunal must rescind the order. COAND NHWNeE CAN HD NKW NV NNNW WNr oO NNNYNN eOarIaANA WWwWwhd NRO"; Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 12 Department of Public Works Part 5 Amendment of Queensland Building Services Authority Act 1991 [s 1695] "(5) The holder of a licence who contravenes a direction under 1 subsection (2) commits an offence. 2 Maximum penalty—80 penalty units.'. Clause 1695 Amendment of s 99 (Licensee register) 4 Section 99(3)(b), '107 of the Tribunal Act'— 5 omit, insert— 6 'Ol'. 7 Clause 1696 Amendment of s 107 (Power to enter and inspect building 8 site) 9 (1) Section 107(2)(c), 'a member of'— (0) omit. 1 (2) Section 107(3), 'apply to a member of'— 2 omit, insert— 3 'apply, as provided under the QCAT Act, to'. 4 (3) Section 107(4) and (5), 'member'— 5 omit, insert— 6 'tribunal'. 7 Clause 1697 Amendment of sch 2 (Dictionary) 8 (1) Schedule 2, definition Tribunal Act— 9 omit. 20 (2) Schedule 2, definition registrar— 21 omit, insert— 22 'registrar— 23 (a) for part 3E—see section 67AQ; or 24 Page 779 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 1 Amendment of Adult Proof of Age Card Act 2008 [s 1698] (b) otherwise—means the principal registrar under the Tribunal Act.'. (3) Schedule 2, definition tribunal— omit, insert— 'tribunal means QCAT.'. Chapter13 Department of Transport and Main Roads Part 1 Amendment of Adult Proof of Age Card Act 2008 1698 Act amended This part amends the Adult Proof of Age Card Act 2008. 1699 Amendment of pt 6, hdg (Review and appeal) Part 6, heading, 'and appeal' — omit, insert— 'of decisions' . 1700 Amendment of s 39 (Review of original decision) (1) Section 39, heading— omit, insert— Page 780 nA kW Nre nA WN lon Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 1 Amendment of Adult Proof of Age Card Act 2008 [s 1701] 39 Internal review of decisions'. (2) Section 39(3)(b)(i1), 'a Magistrates Court' — omit, insert— 'QCAT'. 1701 Replacement of s 40 (Appeal against reviewed decision) Section 40— omit, insert— '40 External review of decisions '1) If a reviewed decision is not the decision sought by the applicant for the review, the chief executive must give the applicant a QCAT information notice for the reviewed decision. '(2) The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the reviewed decision. Note— The QCAT Act, section 22(3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative. "(3) In this section— QCAT information notice means a notice complying with the QCAT Act, section 157(2). reviewed decision means the chief executive's decision on a review under section 39.'. 1702 Amendment of s 49 (Regulation-making power) Section 49(2)(c), 'or appeal'— omit. Page 781 omrnNn nn RW Ne AAN N PW NFO \o Nw ro NN Wh 25 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 2 Amendment of Tow Truck Act 1973 [s 1703] 1703 Amendment of schedule (Dictionary) (1) Schedule, definition information notice, paragraph (c)— omit, insert— '(c) that the person to whom the notice is given may— (i) under section 39—ask for the decision to be reviewed by the chief executive; and (ii) under the Transport Planning and Coordination Act 1994, part 5, division 2—apply to QCAT for the decision to be stayed; and (iii) under section 40—ask for the chief executive's decision on the review (the reviewed decision) to be reviewed by QCAT; and (iv) under the QCAT Act—apply for the reviewed decision to be stayed.'. (2) Schedule, definition review and appeal information— omit. Part 2 Amendment of Tow Truck Act 1704 Act amended This part amends the Tow Truck Act 1973. 1705 Amendment of s 21B (Immediate suspension of authority) Section 21B(4)(c) to (e)— omit, insert— '(c) the prescribed review information for the decision.'. Page 782 COmMANI AN FP WN nn BW NRO 18 20 22 24 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 2 Amendment of Tow Truck Act 1973 [s 1706] 1706 Amendment of s 21D (Amending, suspending or cancelling authority) Section 21D(7)(b) and (c)— omit, insert— '(b)_ the prescribed review information for the decision.'. 1707 Amendment of pt 6, hdg (Review of and appeals against decisions) Part 6, heading, 'and appeals against'— omit. 1708 Replacement of s 28 (Review of and appeals against decisions) Section 28— omit, insert— '28 Internal review of decisions '(1)_ A person whose interests are affected by a decision described in schedule 1 (the original decision) may ask the chief executive to review the decision. '(2) The person is entitled to receive a statement of reasons for the original decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision. '(3) The Transport Planning and Coordination Act 1994, part 5, division 2— (a) applies to the review; and (b) provides— (i) for the procedure for applying for the review and the way it is to be carried out; and (ii) that the person may apply to QCAT to have the original decision stayed. Page 783 nA fb wWNe o Onan Com ADDN FW NFO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 2 Amendment of Tow Truck Act 1973 [s 1709] '29 External review of decisions ") 2) 'B) If a reviewed decision is not the decision sought by the applicant for the review, the chief executive must give the applicant a QCAT information notice for the reviewed decision. The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the reviewed decision. Note— The QCAT Act, section 22(3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative. In this section— QCAT information notice means a notice complying with the QCAT Act, section 157(2). reviewed decision means the chief executive's decision on a review under section 28.'. Clause 1709 Amendment of s 43 (Regulation-making power) d) (2) Section 43(2)(u)— omit. Section 43(2)(v)— renumber as section 43(2)(u). Clause 1710 Amendment of sch 2 (Dictionary) Page 784 Schedule 2— insert— 'prescribed review information, for a decision, means information that a person to whom a notice about the decision is given under section 21B(1) or 21D(6) may— (a) under section 28—ask for the decision to be reviewed by the chief executive; and COW AD NBWN An BW NY FO ~ 21 232629 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 3 Amendment of Traffic Regulation 1962 [s 1711] (b) under the Transport Planning and Coordination Act 1 1994, part 5, division 2—apply to QCAT for the 2 decision to be stayed; and 3 (c) under section 29—ask for the chief executive's decision 4 on the review (the reviewed decision) to be reviewed by 5 QCAT; and 6 (d) under the QCAT Act—apply for the reviewed decision 7 to be stayed.'. 8 Part 3 Amendment of Traffic 9 Regulation 1962 0 Clause 1711 Regulation amended 1 This part amends the Traffic Regulation 1962. 2 Clause 1712 Amendment of ss 104A, 117 and 134A 3 Sections 104A(2)(b)@i) and (3)(c)(ii), 117(6)(b)Gi) and 4 134A(8)(b)Gi)— 5 omit, insert— 6 i) applying for a review of the decision under section 7 131(1AA) of the Act.'. 8 Clause 1713 Amendment of s 134C (Reconsideration of decision by 9 chief executive or commissioner) 20 Section 134C(7), from 'appeal'— 21 omit, insert— 22 'apply for a review of the decision under section 131(1AA) of = 23 the Act.'. 24 Page 785 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 4 Amendment of Transport Infrastructure Act 1994 [s 1714] Part 4 Amendment of Transport Infrastructure Act 1994 1714 Act amended This part amends the Transport Infrastructure Act 1994. 1715 Replacement of s 56 (Information in s 54 gazette notice about a declaration) Section 56— omit, insert— '56 Information in s 54 gazette notice about a declaration ") 2) Page 786 A gazette notice under section 54(1) must state the reasons for the declaration. The gazette notice must also state that any person whose interests are affected by the declaration may— (a) under section 485—ask for the decision to make the declaration (the original decision) to be reviewed by the chief executive; and (b) under the Transport Planning and Coordination Act 1994, part 5, division 2—apply for the original decision to be stayed; and (c) under the Transport and Planning Coordination Act 1994, part 5, division 3— (i) appeal against the chief executive's decision on the review (the reviewed decision) to the court stated in schedule 3 for the decision; and (ii) apply for the reviewed decision to be stayed.'. omn an CAN DANK WN KO Nw ro NNN BRWN N n Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 4 Amendment of Transport Infrastructure Act 1994 [s 1716] Clause 1716 Amendment of s 57 (Information in s 54 gazette notice about new or replacement policy) Section 57(1)(f)(i) and (ii)— omit, insert— '@ under section 485—ask for the decision about the policy to be applied (the original decision) to be reviewed by the chief executive; and (ii) (iii) under 1994, to bes under 1994, (A) ai (B) ai the Transport Planning and Coordination Act part 5, division 2—apply for the original decision tayed; and the Transport and Planning Coordination Act part 5, division 3— ppeal against the chief executive's decision on the review (the reviewed decision) to the court stated in schedule 3 for the decision; and pply for the reviewed decision to be stayed.'. Clause 1717 Amendment of s 58 (Amendment of policy for a limited access road in limited circumstances) Section 58(2)— omit, insert— '(2) The written notice mentioned in subsection (1)(b) must— (a) (b) (c) state the notice is given under this section; and state the reasons for the decision; and be accompanied by an information notice for the decision.'. Clause 1718 Amendment of s 67 (Notice of decision under s 62(1)) (1) Section 67(2)(e)— omit. Page 787 COM ANDN HW NR DR nRwW NK CO \o ON 2123 25 27 Queenslai Chapter 1 nd Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 3 Department of Transport and Main Roads Part 4 Amendment of Transport Infrastructure Act 1994 [s 1719] (2) Section 67(2)(f)— renumber as section 67(2)(e). (3) Section 67— insert— '(2A) If the decision is not a decision sought by the person to whom Clause 1719 the written notice is given, the written notice must be accompanied by an information notice for the decision.'. Amendment of s 289F (Decision by port authority in relation to approval) (1) Section 289F(2)(c) and (d)— omit. (2) Section 289F— insert— '(3) The written notice must also state that the applicant or Clause 1720 Page 788 approval holder may— (a) under section 289G—ask for the decision (the original decision) to be reviewed by the port authority; and (b) under the Transport and Planning Coordination Act 1994, part 5, division 2—apply for the original decision to be stayed; and (c) under section 289GA—ask for the port authority's decision on the review (the reviewed decision) to be reviewed by QCAT; and (d) under the QCAT Act—apply for the reviewed decision to be stayed.'. Replacement of s 289G (Review of and appeals against decisions) Section 289G— omit, insert— ADM FB WN \o ~ NY SCOmDWANID NF WN KF CO NNW WNre NN nn & 27 29 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 4 Amendment of Transport Infrastructure Act 1994 [s 1720] '289G Internal review of decisions ") 2) A person whose interests are affected by a decision mentioned in section 289F(1) (the original decision) may ask the port authority to review the decision. The Transport Planning and Coordination Act 1994, part 5, division 2— (a) applies to the review as if a reference in the division to the chief executive were a reference to the port authority that made the decision; and (b) provides— (i) for the procedure for applying for the review and the way it is to be carried out; and (ii) that the person may apply to QCAT to have the original decision stayed. '289GA External review of decisions ") 2) 'B) If a reviewed decision is not the decision sought by the applicant for the review, the port authority that made the reviewed decision must give the applicant a QCAT information notice for the reviewed decision. The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the reviewed decision. Note— The QCAT Act, section 22(3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative. In this section— reviewed decision means the port authority's decision on a review under section 289G.'. Page 789 CAN DAN PWN RW NF CO COMDINID UN 22 2428 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 4 Amendment of Transport Infrastructure Act 1994 [s 1721] 1721 Replacement of s 485 (Review of and appeals against decisions) Section 485— omit, insert— '485 Internal review of decisions ") 2) 'B) A person whose interests are affected by a decision described in schedule 3 (the original decision) may ask the chief executive to review the decision. The person is entitled to receive a statement of reasons for the original decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision. The Transport Planning and Coordination Act 1994, part 5, division 2— (a) applies to the review; and (b) provides— (i) for the procedure for applying for the review and the way it is to be carried out; and (ii) that the person may apply to QCAT to have the original decision stayed. '485A External review of decisions ") 2) 'B) Page 790 This section applies in relation to an original decision if QCAT is stated in schedule 3 for the decision. If the reviewed decision is not the decision sought by the applicant for the review, the chief executive must give the applicant a QCAT information notice for the reviewed decision. The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the reviewed decision. C0 OND NN HRW Ne SCO ON DUNN PW NK CO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 (4) Chapter 13 Department of Transport and Main Roads Part 4 Amendment of Transport Infrastructure Act 1994 [s 1721] Note— The QCAT Act, section 22(3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative. In this section— original decision means a decision described in schedule 3. reviewed decision means the chief executive's decision on a review under section 485. '485B Appeals against decisions ") 2) 'B) (4) This section applies in relation to an original decision if a court (the appeal court) is stated in schedule 3 for the decision. If the reviewed decision is not the decision sought by the applicant for the review, the applicant may appeal against the reviewed decision to the appeal court. The Transport Planning and Coordination Act 1994, part 5, division 3— (a) applies to the appeal; and (b) provides— (i) for the procedure for the appeal and the way it is to be disposed of; and (ii) that the person may apply to the appeal court to have the original decision stayed. In this section— original decision means a decision described in schedule 3. reviewed decision means the chief executive's decision on a review under section 485.'. Page 791 COND NW BWN CAD NASW NRO \o Nw ro NN Wh NY N nn & NW mon Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 4 Amendment of Transport Infrastructure Act 1994 [s 1722] Clause 1722 Amendment of sch 3 (Reviews and appeals) *338(2) 338(3) 34 2(5) 3(3) 4(3) 4(6) 5(2) d) (2) (3) (4) (5) 6R(1) (c) Page 792 Schedule 3, heading, 'section 485'— omit, insert— "sections 485, 485A and 485B'. Schedule 3, third column, heading, after 'Court' — insert— 'or tribunal'. Schedule 3, third column, 'District', 'District or Magistrates' or 'Magistrates' — Com ANI DN fF WN omit, insert— "QCAT'. Schedule 3, paragraph after entry for section 489— omit. Schedule 3— insert— decision of chief executive to impose QCAT conditions on an authorisation decision of chief executive not to grantan QCAT authorisation decision of chief executive not toamend QCAT authorisation conditions decision of chief executive to amend QCAT authorisation conditions suspension or cancellation of QCAT authorisation immediate cancellation of authorisation QCAT immediate suspension of authorisation QCAT decision of busway safety officer QCAT resulting in forfeiture of seized thing to the State'. an FF wWN - OO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 4 Amendment of Transport Infrastructure Act 1994 [s 1723] Clause 1723 Amendment of sch 6 (Dictionary) d) (2) Schedule 6, definitions information notice and reviewed decision— omit. Schedule 6— insert— 'information notice, for a decision the subject of a written notice given to a person, means a written notice stating that the person may— (a) under section 485—ask for the decision to be reviewed by the chief executive; and (b) under the Transport and Planning Coordination Act 1994, part 5, division 2—apply for the decision to be stayed; and (c) either— (i) if section 485A applies in relation to the reviewed decision— (A) under that section—ask for the reviewed decision to be reviewed by QCAT; and (B) under the QCAT Act—apply for the reviewed decision to be stayed; or (ii) if section 485B applies in relation to the reviewed decision, under the Transport and Planning Coordination Act 1994, part 5, division 3— (A) appeal against the reviewed decision to the court stated in schedule 3 for the decision; and (B) apply for the reviewed decision to be stayed. QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Page 793 COAN DN FF WN Com AD NWN PWN KO Nw ro NNN BRWN Now AUDAN N oo wWhd ow Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 5 Amendment of Transport Infrastructure (Dangerous Goods by Rail) Regulation 2008 [s 1724] Part 5 Amendment of Transport Infrastructure (Dangerous Goods by Rail) Regulation 2008 1724 Regulation amended This part amends the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2008. 1725 Amendment of pt 18, hdg (Review and appeal of decisions) Part 18, heading, 'and appeal'— omit. 1726 Replacement of s 177 (Review of and appeals against decisions) Section 177— omit, insert— '177 Internal review of decisions '(1)_ A person whose interests are affected by a decision described in schedule 1 (the original decision) may ask the chief executive to review the decision. '(2) The person is entitled to receive a statement of reasons for the original decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision. '(3) The Transport Planning and Coordination Act 1994, part 5, division 2— (a) applies to the review; and (b) provides— (i) for the procedure for applying for the review and the way it is to be carried out; and Page 794 nun \o worn NX SCO OND MN BPW NK NW NOR NN BW NSN n wn NN aon Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 5 Amendment of Transport Infrastructure (Dangerous Goods by Rail) Regulation 2008 [s 1727] (ii) that the person may apply to QCAT to have the original decision stayed. '177A External review of decisions '1) If a reviewed decision is not the decision sought by the applicant for the review, the chief executive must give the applicant a QCAT information notice for the reviewed decision. '(2) The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the reviewed decision. Note— The QCAT Act, section 22(3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative. "(3) In this section— reviewed decision means the chief executive's decision on a review under section 177.'. 1727 Amendment of sch 3 (Dictionary) Schedule 3, definition information notice, paragraph (b)(i) and (ii)— omit, insert— "(i) under section 177—ask for the decision to be reviewed by the chief executive; and (ii) under the Transport and Planning Coordination Act 1994, part 5, division 2—apply to QCAT for the decision to be stayed; and (iti) under section 177A—ask for the chief executive's decision on the review to be reviewed by QCAT; and (iv) under the QCAT Act—apply to QCAT for the chief executive's decision on the review to be stayed.'. Page 795 Com ADNA W N Dan FB WNeK CO on 22 242730 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 6 Amendment of Transport Infrastructure (Gold Coast Waterways) Management Plan [s 1728] Part 6 Amendment of Transport Infrastructure (Gold Coast Waterways) Management Plan 1728 Waterway transport management plan amended This part amends the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000. 1729 Amendment of s 18 (Take off and landing approval) Section 18(7)— omit, insert— '(7) A notice under subsection (5) or (6) must also state the prescribed review information for the decision.'. 1730 Amendment of s 20 (Procedure for amending, suspending or cancelling approval) Section 20(5)(b) and (c)— omit, insert— '(b)_ the prescribed review information for the decision.'. 1731 Amendment of s 21 (Procedure for urgent suspension of approval) Section 21(2)(b) and (c)— omit, insert— '(b)_ the prescribed review information for the decision.'. Page 796 NADA UN BR wWN NOR YD MN SW \o 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 6 Amendment of Transport Infrastructure (Gold Coast Waterways) Management Plan [s 1732] Clause 1732 Replacement of s 22 (Section 196 of Act applies for review and appeal) Section 22— omit, insert— '22 Act, ss 485 and 485A apply for reviews "(1) Sections 485 and 485A of the Act apply to a decision mentioned in subsection (2) as if— (a) the decision were mentioned in schedule 3 of the Act; and (b) QCAT were stated opposite the decision in that schedule. '(2) For subsection (1) the decisions are as follows— (a) a decision to grant a take off and landing approval on conditions; (b) a decision to refuse to grant a take off and landing approval; (c) a decision to amend, suspend or cancel a take off and landing approval.'. Clause 1733 Amendment of sch 6 (Dictionary) Schedule 6— insert— 'prescribed review information, for a decision, means information that a person to whom a notice about the decision is given under section 18(5) or (6), 20(4) or 21(1) may— (a) under section 485 of the Act, as applied under section 22—ask for the decision to be reviewed by the chief executive; and (b) under the Transport Planning and Coordination Act 1994, part 5, division 2—apply to QCAT for the decision to be stayed; and Page 797 COD ND WN HRW NR OI ANN FW NY FO 21 232629 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 7 Amendment of Transport Infrastructure (Public Marine Facilities) Regulation 2000 [s 1734] (c) under section 485A of the Act, as applied under section 22—ask for the chief executive's decision on the review (the reviewed decision) to be reviewed by QCAT; and (d) under the QCAT Act—apply for the reviewed decision to be stayed.'. Part 7 Amendment of Transport Infrastructure (Public Marine Facilities) Regulation 2000 Clause 1734 Regulation amended This part amends the Transport Infrastructure (Public Marine Facilities) Regulation 2000. Clause 1735 Amendment of s 41 (Procedure if approval refused or granted on condition) Section 41(3)— omit, insert— '(3) A notice under subsection (2) must also state the prescribed review information for the decision.'. Clause 1736 Amendment of pt 3, div 6, hdg (Amending, suspending or cancelling approvals and review or appeal) Part 3, division 6, heading, 'review or appeal'— omit, insert— 'reviews'. Page 798 ANB WNr AD WN Ff WH \o 0 21 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 7 Amendment of Transport Infrastructure (Public Marine Facilities) Regulation 2000 [s 1737] Amendment of s 43 (Amending suspending or cancelling approval without application) Section 43(4)(b)— omit, insert— '(b)_ the prescribed review information for the decision.'. Replacement of pt 3, div 6, sdiv 2, hdg (Review and appeal) Part 3, division 6, subdivision 2, heading— omit, insert— 'Subdivision 2 Internal and external review'. '44 Amendment of s 44 (Review of and appeal against decisions) (1) Section 44, heading— omit, insert— Internal and external review of decisions'. (2) Section 44(2) and (3)— omit, insert— '(2) Sections 485 and 485A of the Act apply to a decision mentioned in subsection (1) as if— (a) the decision were mentioned in schedule 3 of the Act; and (b) QCAT were stated opposite the decision in that schedule.'. Clause 1740 Amendment of sch 4 (Dictionary) Schedule 4— insert— Page 799 oO ND OmAAN DUN HRW NR Nw ro NN WN 25 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 8 Amendment of Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 [s 1741] Part 8 'prescribed review information, for a decision, means information that a person to whom a notice about the decision is given under section 41(2) or 43(3) may— (a) (d) under section 485 of the Act, as applied under section 44(2)—ask for the decision to be reviewed by the chief executive; and under the Transport Planning and Coordination Act 1994, part 5, division 2—apply to QCAT for the decision to be stayed; and under section 485A of the Act, as applied under section 44(2)—ask for the chief executive's decision on the review (the reviewed decision) to be reviewed by QCAT; and under the QCAT Act—apply for the reviewed decision to be stayed.'. Amendment of Transport Infrastructure (Sunshine Coast Waterways) Management Plan 1741 Waterway transport management plan amended This part amends the Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000. 1742 Amendment of s 23 (Granting or refusing application for approval) Section 23(6)— Page 800 omit, insert— COMIN ANH WNR PR Ree WNrRO Ree ns 1719 22 24 26 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 8 Amendment of Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 [s 1743] '(6) A notice under subsection (3) or (4) must also state the prescribed review information for the decision.'. 1743. Amendment of s 25 (Procedure for amending, suspending or cancelling approval) Section 25(5)(b) and (c)— omit, insert— '(b)_ the prescribed review information for the decision.'. 1744 Amendment of s 26 (Procedure for urgent suspension of approval of take off and landing approval) Section 26(2)(b) and (c)— omit, insert— '(b)_ the prescribed review information for the decision.'. 1745 Replacement of s 27 (Section 196 of Act applies for review and appeal) Section 27— omit, insert— '27 Act, ss 485 and 485A apply for reviews "(1) Sections 485 and 485A of the Act apply to a decision mentioned in subsection (2) as if— (a) the decision were mentioned in schedule 3 of the Act; and (b) QCAT were stated opposite the decision in that schedule. '(2) For subsection (1) the decisions are as follows— (a) adecision to grant an approval on conditions; (b) a decision to refuse an application for an approval; (c) adecision to amend, suspend or cancel an approval.'. Page 801 \o ND UN BW N N oma NI DH NN PW 23 2527 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 9 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 1746] Clause 1746 Amendment of sch 5 (Dictionary) Clause Clause Part 9 Schedule 5— insert— 'prescribed review information, for a decision, means information that a person to whom a notice about the decision is given under section 23(3) or (4), 25(4) or 26(1) may— (a) under section 485 of the Act, as applied under section 27—ask for the decision to be reviewed by the chief executive; and (b) under the Transport Planning and Coordination Act 1994, part 5, division 2—apply to QCAT for the decision to be stayed; and (c) under section 485A of the Act, as applied under section 27—ask for the chief executive's decision on the review (the reviewed decision) to be reviewed by QCAT; and (d) under the QCAT Act—apply for the reviewed decision to be stayed.'. Amendment of Transport Operations (Marine Pollution) Act 1995 1747 Act amended This part amends the Transport Operations (Marine Pollution) Act 1995. 1748 Amendment of s 115 (Recovery of discharge expenses) (1) Section 115(6), from 'written notice' — Page 802 omit, insert— CMAN DUNK WN AD NRW NFR SO 1923 25 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 9 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 1749] 'a QCAT information notice for the decision to the security giver.'. (2) Section 115(7)— omit, insert— '(7) The QCAT information notice must enclose a copy of section 116.. (3) Section 115(8)— omit, insert— '(8) If a QCAT information notice is given under subsection (6), the general manager must not make the demand until— (a) the time to apply, as provided under the QCAT Act, to QCAT for a review of the decision has ended; and (b) if an application for a review of the decision is made—the application is finally decided.'. Replacement of s 116 (Appeals) Section 116— omit, insert— External review of decisions under s 115 "A person whose interests are affected by a decision under section 115 may apply, as provided under the QCAT Act, to QCAT for a review of the decision.'. Omission of s 117 (Hearing procedures) Section 117— omit. Insertion of new pt 13B After section 117L— insert— Page 803 Co mMmrAN AN FW NH RW NRF Oo rPOoOoO AN AN NW 24 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 9 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 1751] 'Part 13B Review of decisions '117M Internal review of decisions ") 2) 'B) (4) "O) Page 804 This section applies if— (a) the general manager refuses an application for an approval, or amends, suspends or cancels an approval; or (b) an authorised officer refuses an application for an approval under section 63. The applicant or approval holder may ask the chief executive to review the general manager's or authorised officer's decision (the original decision). The applicant or approval holder is entitled to receive a statement of reasons for the original decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision. The Transport Planning and Coordination Act 1994, part 5, division 2— (a) applies to the review as if a reference in the division to the chief executive were a reference to the general manager or authorised officer who made the decision; and (b) provides— (i) for the procedure for applying for the review and the way it is to be carried out; and (ii) that the person may apply to QCAT to have the original decision stayed. In this section— applicant, in relation to an approval, means— (a) if the provision under which the approval may be applied for states that the ship's owner may apply—the ship's owner; or C0 OI ANF WW NY SCOmDM AD NAHRWN KO NN oe NN SES) NN nun NN on WwWhy ro) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 9 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 1752] (b) if the provision under which the approval may be applied for states that the ship's master may apply—the ship's master. approval means an approval or exemption that may be given by the general manager or an authorised officer under this Act. '117N External review of decisions ") 2) 'B) If a reviewed decision is not the decision sought by the applicant for the review or an affected person, the chief executive must give the applicant a QCAT information notice for the reviewed decision. The applicant or affected person may apply, as provided under the QCAT Act, to QCAT for a review of the reviewed decision. Note— The QCAT Act, section 22(3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative. In this section— affected person means an owner or master of a ship whose interests are affected by the reviewed decision. reviewed decision means the chief executive's decision on a review under section 177M.'. Clause 1752 Amendment of schedule (Dictionary) Schedule— insert— 'QCAT information notice means a notice complying with the QCAT Act, section 157(2).'. Page 805 Dunk WnNr ~ AAN N PWN FO \o Nw ro NN Wh 2528 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 10 Amendment of Transport Operations (Marine Pollution) Regulation 2008 [s 1753] Part 10 Amendment of Transport Operations (Marine Pollution) Regulation 2008 1753 Regulation amended This part amends the Transport Operations (Marine Pollution) Regulation 2008. 1754 Omission of pt 12, div 1, sdiv 4 (Review of and appeals against particular decisions) Part 12, division 1, subdivision 4— omit. Part 11 Amendment of Transport Operations (Marine Safety) Act 1755 Act amended This part amends the Transport Operations (Marine Safety) Act 1994. 1756 Amendment of s 203 (Definitions for pt 16) (1) Section 203, definitions appropriate appeal court and reviewed decision— omit. (2) Section 203— insert— Page 806 An f \o worn An ow nN 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 11 Amendment of Transport Operations (Marine Safety) Act 1994 [s 1757] 'reviewed decision means the chief executive's or general manager's decision made, or taken to have been made, on a review under section 203B.'. (3) Section 203, definition delegate, 'manger' — omit, insert— 'manager'. (4) Section 203, definition original decision, from 'general manger' — omit, insert— "general manager, a harbour master or a shipping inspector, other than a reviewed decision. '. Clause 1757 Amendment of s 203A (Main purposes of pt 16) Section 203A(a), 'and appeals from the decisions made on review' — omit. Clause 1758 Amendment of s 203B (Review of original decision) (1) Section 203B, heading— omit, insert— '203B Internal review of decisions'. (2) Section 203B(2)(b)(ii)— omit, insert— '(ii)_ that the person may apply to QCAT to have the original decision stayed.'. (3) Section 203B(3), 'manger'— omit, insert— 'manager'. Page 807 CPN DN FP WNK nA BW WN oWmnnNnan 21 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 11 Amendment of Transport Operations (Marine Safety) Act 1994 [s 1759] Clause 1759 Replacement of s 203C (Appeal against reviewed decision) Section 203C— omit, insert— '203C External review of decisions ") 2) 'B) If a reviewed decision is not the decision sought by the applicant for the review, the chief executive must give the applicant a QCAT information notice for the reviewed decision. The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the reviewed decision. Note— The QCAT Act, section 22(3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative. In this section— chief executive means, if the reviewed decision is made by the general manager, the general manager.'. Clause 1760 Omission of s 203E (Appropriate appeal court) Section 203E— omit. Clause 1761 Amendment of schedule (Dictionary) d) (2) Page 808 Schedule, definition appropriate appeal court— omit. Schedule, definition reviewed decision, '203C(1)'— omit, insert— '203'. COMDANAD NN BPW NR ern nN NSW NY FO 21 232527 Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 12 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 1762] Part 12 Amendment of Transport Operations (Marine Safety) Regulation 2004 Regulation amended This part amends the Transport Operations (Marine Safety) Regulation 2004. Amendment of s 154 (Refusal of application for authority) Section 154(3)(b)— omit, insert— '(b)_ the prescribed review information for the decision.'. Amendment of s 164 (Procedure for suspension or cancellation) Section 164(5)(b)— omit, insert— '(b)_ the prescribed review information for the decision.'. Amendment of s 165 (Action by general manager after marine incident) Section 165(3)(e)— omit, insert— '(e) that the holder of the approval may— (i) under section 203B of the Act—ask for the decision to be reviewed by the general manager; and (ii) under the Transport and Planning Coordination Act 1994, part 5, division 2—apply to QCAT for the decision to be stayed; and Page 809 nun nA fk wWNe oo mMOmnaD 2225 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 12 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 1766] (iii) under section 203C of the Act—ask for the general manager's decision on the review (the reviewed decision) to be reviewed by QCAT; and (iv) under the QCAT Act—apply to QCAT for the reviewed decision to be stayed.'. Clause 1766 Amendment of s 215 (Removal of buoy mooring on expiry, cancellation or surrender of approval) Section 215(3)(b) and (c)— omit, insert— '(b) if the approval has been cancelled and no application for (c) review of the decision to cancel the approval (QCAT application) is made to QCAT under part 16 of the Act—within 14 days after the time for making the QCAT application ends; or if the approval has been cancelled and, on a QCAT application, QCAT confirms the cancellation—within 14 days after the confirmation of the cancellation.'. Clause 1767 Amendment of sch 15 (Dictionary) Schedule 15— insert— 'prescribed review information, for a decision, means information that a person to whom a notice about the decision is given under section 154(1) or 164(3) may— (a) (b) Page 810 under section 203B of the Act—ask for the decision to be reviewed by the general manager; and under the Transport and Planning Coordination Act 1994, part 5, division 2—apply to QCAT for the decision to be stayed; and ANB WNr oO ND ADDN BPWNrK SO \o ow 2225 27 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 13 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 1768] (c) under section 203C of the Act—ask for the general manager's decision on the review (the reviewed decision) to be reviewed by QCAT; and (d) under the QCAT Act decision to be stayed.'. apply to QCAT for the reviewed Part 13 Amendment of Transport Operations (Passenger Transport) Act 1994 Clause 1768 Act amended This part amends the Transport Operations (Passenger Transport) Act 1994. Clause 1769 Amendment of ch 10, hdg (Review of and appeals against decisions) Chapter 10, heading, 'and appeals against'— omit. Clause 1770 Replacement of s 102 (Review of and appeals against decisions) Section 102— omit, insert— '102 Internal review of decisions '(1)_ A person whose interests are affected by a decision described in schedule 2 (the original decision) may ask the chief executive to review the decision. '(2) The person is entitled to receive a statement of reasons for the original decision whether or not the provision under which the Page 811 ANB WNr nA & Wh Co OND 2225 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 13 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 1770] 'B) decision is made requires that the person be given a statement of reasons for the decision. The Transport Planning and Coordination Act 1994, part 5, division 2— (a) applies to the review; and (b) provides— (i) for the procedure for applying for the review and the way it is to be disposed of; and (ii) that the person may apply to QCAT to have the original decision stayed. '103 External review of decisions ") 2) 'B) Page 812 If a reviewed decision is not the decision sought by the applicant for the review, the chief executive must give the applicant a QCAT information notice for the reviewed decision. The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the reviewed decision. Note— The QCAT Act, section 22(3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative. In this section— QCAT information notice means a notice complying with the QCAT Act, section 157(2). reviewed decision means the chief executive's decision on a review under section 102. Sse ern nw Bene CDAD NMPWN NW row N N NN BW NN nn Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Part 13 Amendment Chapter 13 Department of Transport and Main Roads of Transport Operations (Passenger Transport) Act 1994 [s 1771] '104 Commissioner for Children and Young People and Child Guardian '(1)_ This section applies if— (a) a procee ding before QCAT concerns a decision of the chief executive on a review of a driver authorisation decision; and (b) a driver disqualifying offence involving a child was relevant to the driver authorisation decision. '(2) The Commissioner for Children and Young People and Child Guardian is a party to the proceeding. "(3) In this section— driver authorisation decision means a decision about driver authorisation under this Act.'. Clause 1771 Amendment of s 126NA (Dangerous situation notice) Section 126NA(2)(e)— omit, insert— '(e) that the person may— (i) und er section 102—ask for the decision to be reviewed by the chief executive; and (ii) und Act the (iii) und dec er the Transport and Planning Coordination 1994, part 5, division 2—apply to QCAT for decision to be stayed; and ler section 103—ask for the chief executive's ision on the review (the reviewed decision) to be reviewed by QCAT; and (iv) und er the QCAT Act—apply to QCAT for the reviewed decision to be stayed.'. Page 813 0 ON ANH W NR WN -F © OoOmArNI DN 22 2427 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 13 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 1772] 1772 Replacement of sch 2 (Reviewable decisions) Schedule 2— omit, insert— 'Schedule 2 Reviewable decisions section 102 Section Description of decision 17 refusal to grant or renew operator accreditation 20 amendment, suspension or cancellation of operator accreditation 28B category B driver disqualifying offence—refusal to grant or renew driver authorisation or cancellation of driver authorisation 28C category C driver disqualifying offence—refusal to grant or renew driver authorisation or suspension or cancellation of driver authorisation 29 refusal to grant or renew driver authorisation or the imposition of a condition on driver authorisation 32 amendment, suspension or cancellation of driver authorisation or the imposition of a condition on driver authorisation 36B(1) decision to give essential infrastructure direction 36B(1) decision to fix conditions for essential infrastructure direction 46(8) requirement to take steps to remedy service inadequacies 46(9) termination of service contract for failure to remedy service inadequacies Page 814 BR WN Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Section Chapter 13 Department of Transport and Main Roads Part 13 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 1773] Description of decision 47(1) or (3) amendment, suspension or cancellation of a_ service contract 47A(3) 62AC(4) 75(1) 71(2) 88(1)126D 126N contract holder's performance has been unsatisfactory contract holder's performance has been unsatisfactory amendment of the conditions of a taxi service licence requirement to pay amount as condition of transfer of taxi service licence between areas suspension or cancellation of a taxi service licence amendment of conditions of a limousine service licence suspension or cancellation of a limousine service licence forfeiture of seized things decision to give dangerous situation notice'. Clause 1773 Amendment of sch 3 (Dictionary) Schedule 3, definition information notice, paragraphs (a) and (b)— omit, insert— '(a) under section 102—ask for the decision to be reviewed (b) (c) (d) by the chief executive; and under the Transport and Planning Coordination Act 1994, part 5, division 2—apply to QCAT for the decision to be stayed; and under section 103—ask for the chief executive's decision on the review (the reviewed decision) to be reviewed by QCAT; and under the QCAT Act decision to be stayed.'. apply to QCAT for the reviewed Page 815 CAN DUN FP WY aon NRO alent RW Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 1 3 Department of Transport and Main Roads Part 14 Amendment of Transport Operations (Passenger Transport) Regulation 2005 [s 1774] Part 14 Amendment of Transport Operations (Passenger Transport) Regulation 2005 Clause 1774 Regulation amended This part amends the Transport Operations (Passenger Transport) Regulation 2005. Clause 1775 Amendment of pt 10, hdg (Review of, and appeals against, decisions not provided for under Act, chapter 10) Part 10, heading, ', and appeals against,' — omit. Clause 1776 Replacement of s 134 (Review of decisions) Section 134— omit, insert— '134 Review of decisions 'Sections 102 and 103 of the Act apply to a decision described in schedule 7 as if the decision were described in schedule 2 of the Act.'. Clause 1777 Replacement of sch 7 (Review and appeals against Page 816 decisions) Schedule 7— omit, insert— An f \o worn 2 NADN BW N \o oo 1 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 14 Amendment of Transport Operations (Passenger Transport) Regulation 2005 [s 1777] 'Schedule 7 Reviewable decisions Section 34(2) 74(1) 771) 87(1)(a) 87(1)(b) 95(4) 112 115(1) section 134 Description of decision imposition of condition when granting driver authorisation or amendment of driver authorisation to include a condition grant of substitute taxi authority with conditions or refusal to grant substitute taxi authority cancellation of substitute taxi authority refusal to approve a taxi security camera system revocation of approval of taxi security camera system refusal of application for membership of a taxi subsidy scheme cancellation of approval under a taxi subsidy scheme refusal to grant substitute limousine authority cancellation of substitute limousine authority exclusion from free travel'. Page 817 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 15 Amendment of Transport Operations (Road Use Management) Act 1995 [s 1778] Part 15 Amendment of Transport Operations (Road Use Management) Act 1995 Clause 1778 Act amended This part amends the Transport Operations (Road Use Management) Act 1995. Clause 1779 Amendment of s 19 (Procedure for amending, suspending or cancelling approvals) Section 19(3) to (7)— omit, insert— '(3) The chief executive must give the holder a written notice about the decision (subsection (3) notice). '(4) The decision takes effect on the later of the following— (a) _ the day the subsection (3) notice is given to the holder; (b) _ the day stated in the subsection (3) notice. '(5) However, despite subsection (1), if the chief executive considers it necessary in the public interest, the chief executive may, by written notice (immediate suspension notice) given to the holder, immediately suspend the approval until the earliest of the following— (a) _ the chief executive, after complying with subsections (1) and (2), gives the holder a subsection (3) notice; (b) the end of 56 days after the day the immediate suspension notice is given to the holder. '(6) A subsection (3) notice, or an immediate suspension notice, must state— (a) the reasons for the decision for which the notice is given; and (b) _ the prescribed review information for the decision. Page 818 nn \o ON NY SOmMIAD NUN FW NK CO NW Noe NN SES) NN nn NN aon N \'o Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 15 Amendment of Transport Operations (Road Use Management) Act 1995 [s 1780] '(7) If a subsection (3) notice is given about a decision to suspend an approval on the condition mentioned in subsection (2)(c)(ii), the subsection (3) notice must also state that the approval may be cancelled under section 19A if the holder fails to comply with the condition.'. Clause 1780 Amendment of s 19A (Cancelling suspended approval for failing to take remedial action) Section 19A(3)— omit, insert— "(3) The notice must state— (a) _ the reasons for the decision to cancel the approval; and (b) _ the prescribed review information for the decision.'. Clause 1781 Amendment of s 43 (Forfeiture of seized things) Section 43(4)(b)— omit, insert— '(b)_ the prescribed review information for the decision.'. Clause 1782 Amendment of ch 4, hdg (Review of and appeals against decisions) Chapter 4, heading, 'and appeals against' — omit. Clause 1783 Replacement of s 65 (Review of and appeals against decisions) Section 65— omit, insert— Page 819 Db oO ND aABWNR nn & W \o on 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 15 Amendment of Transport Operations (Road Use Management) Act 1995 [s 1783] '65 Internal review of decisions ") 2) 'B) (4) A person whose interests are affected by a decision described in schedule 3 (the original decision) may ask the chief executive to review the decision. The person is entitled to receive a statement of reasons for the original decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision. The Transport Planning and Coordination Act 1994, part 5, division 2— (a) applies to the review; and (b) provides— (i) for the procedure for applying for the review and the way it is to be carried out; and (ii) that the person may apply to QCAT to have the original decision stayed. In this section— chief executive means, if the original decision is made by the commissioner, the commissioner. '65A__— External review of decisions ") 2) 'B) (4) Page 820 If a reviewed decision is not the decision sought by the applicant for the review, the chief executive must give the applicant a QCAT information notice for the reviewed decision. The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the reviewed decision. If the decision is a prescribed authority decision, QCAT can not make an order staying the operation of the decision. In this section— chief executive means, if the reviewed decision is made by the commissioner, the commissioner. 0 OINDMN PWN Com IA DN FW NF CO 2224 26 28 31 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 15 Amendment of Transport Operations (Road Use Management) Act 1995 [s 1784] prescribed authority decision means a decision to withdraw a person's authority to drive on a Queensland road under a non-Queensland driver licence if the reason, or | of the reasons, for the decision is the person's mental or physical incapacity. QCAT information notice means a notice complying with the QCAT Act, section 157(2). reviewed decision means the chief executive's decision on a review under section 65.'. 1784 Amendment of s 80 (Breath and saliva tests, and analysis and laboratory tests) (1) Section 80(22C), after 'No' — insert— 'review or'. (2) Section 80(22C), second sentence, before 'an'— insert— "a review or'. 1785 Amendment of s 87 (Issue of restricted licence to disqualified person) Section 87(5B)(a), after 'on'— insert— "a review or'. 1786 Amendment of s 122E (Notice to be given about refusal or imposition of condition) Section 122E(3)(b)— omit, insert— '(b)_ the prescribed review information for the decision.'. Page 821 COD AND WHRWNK YD UN fF WN KO \o 2124 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 15 Amendment of Transport Operations (Road Use Management) Act 1995 [s 1787] Clause 1787 Amendment of s 122L (Notice to be given to crossing supervisor) Section 122L(2)(b)— omit, insert— '(b)_ the prescribed review information for the decision.'. Clause 1788 Amendment of s 122N (Procedure for immediate suspension of authority) Section 122N(2)(c)— omit, insert— '(c) the prescribed review information for the decision.'. Clause 1789 Amendment of s 131 (Appeals with respect to issue of licences etc.) (1) Section 131, heading, 'Appeals' — omit, insert— "Reviews and appeals'. (2) Section 131(1AA), from 'may appeal' — omit, insert— 'may apply, as provided under the QCAT Act, to QCAT for a review of the refusal, suspension, cancellation or imposition.'. (3) Section 131(1A) and (1B)— omit, insert— '(1A) Despite the QCAT Act, the decision of QCAT on the review is final and binding and without further appeal. '(1B) Subsection (1BA) applies if the chief executive or commissioner suspends or cancels the applicant's licence, unless the reason, or 1 of the reasons, for the suspension or cancellation is the mental or physical incapacity of the applicant. Page 822 nA fb wWNe oO ND OmAAN DUN FW NR NY WwW re Oo NN Wh NNNYNW ADAAINDNMNA Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 15 Amendment of Transport Operations (Road Use Management) Act 1995 '(IBA) '(1BB) (4) (5) [s 1790] On the making of the application for review, the cancellation or suspension is suspended pending the finalisation of the review but, subject to QCAT's decision on the review, the cancellation or suspension takes effect from the date of the finalisation of the review for the part of the period for which it was made that had not expired when the review started. If the reason, or 1 of the reasons, for the suspension or cancellation of the licence is the licence holder's mental or physical incapacity, QCAT can not make an order staying the operation of the suspension or cancellation.'. Section 131(1C), 'Subsections (1) to (1B) shall be read and construed so that an appeal hereunder shall' — omit, insert— 'Subsections (LAA) to (1BB) must be read and construed so that a review does'. Section 131(1C)(c), 'an appeal' — omit, insert— "'areview'. Clause 1790 Amendment of s 153 (Exemptions) Section 153(5)(c)— omit, insert— '(c) the prescribed review information for the decision.'. Clause 1791 Amendment of s 153E (Decision on proposed action) Section 153E(3)(c)— omit, insert— '(c) the prescribed review information for the decision.'. Page 823 CMAN DAUNBRWNHK ona nk WwW NK CO 2124 26 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 1 3 Department of Transport and Main Roads Part 15 Amendment of Transport Operations (Road Use Management) Act 1995 [s 1792] Page 824 Amendment of s 153G (Immediate suspension in the public interest) Section 153G(3)(b)— omit, insert— '(b)_ the prescribed review information for the decision.'. Amendment of s 153H (Cancelling suspended exemption for failing to take remedial action) Section 153H(3)(b)— omit, insert— '(b)_ the prescribed review information for the decision.'. Amendment of s 161B (Improvement notices) Section 161B(4)(d)— omit, insert— '(d)_ the prescribed review information for the decision;'. Amendment of s 161H (Dangerous situation notice) Section 161H(2)(e)— omit, insert— '(e)_ the prescribed review information for the decision;'. Amendment of s 168AA (Effect of other administrative action in relation to fatigue regulated heavy vehicle) Section 168AA(7)(c), from 'that the person may'— omit, insert— 'the prescribed review information for the decision.'. nA fb wWNe oO ND RW Ne orninawn 21 23 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 15 Amendment of Transport Operations (Road Use Management) Act 1995 [s 1797] 1797 Replacement of sch 3 (Reviewable decisions) Schedule 3— omit, insert— 'Schedule 3 Reviewable decisions section 65 Section Description of decision 5 refusing to approve an alternative compliance scheme, or approving an alternative compliance scheme on conditions 9 amending, suspending or cancelling approvals or corresponding approvals 9A cancelling suspended approvals or corresponding approvals 43 forfeiture of seized things 46B issuing embargo notice 22C refusing to authorise a person 22D imposing conditions on an authority 22K(1) amending, suspending or cancelling an authority 22M(1) immediately suspending an authority 53 refusing to give exemption or giving an exemption on conditions 53E amending, suspending or cancelling an exemption 53G immediately suspending an exemption 53H cancelling a suspended exemption 61B giving an improvement notice 61G giving a dangerous situation notice Page 825 BR WN Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 15 Amendment of Transport Operations (Road Use Management) Act 1995 [s 1798] Section 168AA 168AA Description of decision not recognising corresponding decision imposing an additional condition on, or varying conditions applying to, accreditation or exemption the subject of a corresponding decision'. Clause 1798 Amendment of sch 4 (Dictionary) (1) Schedule 4, definition reviewed decision— (2) Page 826 omit. Schedule 4— insert— 'prescribed review information, for a decision, means information that the person whose interests are affected by the decision may— (a) (b) (c) (d) under section 65—ask for the decision to be reviewed by— (i) if the decision was made by the commissioner, the commissioner; or (ii) otherwise, the chief executive; and under the Transport Planning and Coordination Act 1994, part 5, division 2—apply to QCAT for the decision to be stayed; and under section 65A—ask for the commissioner's or chief executive's decision on the review (the reviewed decision) to be reviewed by QCAT; and under the QCAT Act—apply for the reviewed decision to be stayed.'. C0 AANAD NN FF WN Fo OMNI ANF W NK CO Nw Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 16 Amendment of Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 [s 1799] Part 16 Amendment of Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 1799 Regulation amended This part amends the Transport Operations (Road Use Management—Accreditation and Other _ Provisions) Regulation 2005. 1800 Amendment of s 7 (Refusing application) (1) Section 7(3), 'written notice of'— omit, insert— 'an information notice for'. (2) Section 7(4)— omit. 1801 Amendment of s 41 (Notice of granting of accreditation) Section 41(2)— omit, insert— '(2) If the chief executive decides to impose a condition on the accreditation, the chief executive must— (a) state the condition in the accreditation notice; and (b) give the applicant an information notice for the decision.'. Page 827 nA BwWN Oonmrn a an FF wWN FF OO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 16 Amendment of Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 [s 1802] Clause 1802 Amendment of s 43 (Notice of refusal to grant accreditation) Section 43, after 'notice'— insert— 'for the decision'. Clause 1803 Amendment of s 73 (Granting registration) Section 73(4)— omit, insert— '(4) If the chief executive decides to impose a condition on the registration, the chief executive must also give the applicant an information notice for the decision with the registration notice.'. Clause 1804 Amendment of s 74 (Notice of refusal to grant registration) Section 74, after 'notice'— insert— 'for the decision'. Clause 1805 Replacement of s 112 (Review of decisions) Section 112— omit, insert— "412 Review of decisions '(1)_ Sections 65 and 65A of the Act apply to a schedule 7 decision as if a reference to an original decision in the sections were a reference to the schedule 7 decision. "(2) In this section— schedule 7 decision means a decision described in schedule Page 828 oo wmonan na kW Ne ND NW BW NRO oo 21 2327 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 16 Amendment of Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 [s 1806] Clause 1806 Replacement of sch 7 (Reviewable decisions) Schedule 7— omit, insert— 'Schedule 7 Reviewable decisions section 112 Section Description of decision 7 refusing application for appointment as accredited person 39 refusing to grant accreditation or granting accreditation on a condition imposed by the chief executive 39,45 and refusing to grant renewal of accreditation or granting 46 renewal of accreditation on a condition imposed by the chief executive 72 refusing to grant registration or granting registration on a condition imposed by the chief executive 72,77 and _ refusing to grant renewal of registration or granting renewal 78 of registration on a condition imposed by the chief executive'. Clause 1807 Amendment of sch 9 (Dictionary) Schedule 9, definition information notice, paragraph (d)— omit, insert— '(d)_ the person to whom the notice is given may— (i) under section 65 of the Act—ask for the decision to be reviewed by the chief executive; and (ii) under the Transport Planning and Coordination Act 1994, part 5, division 2—apply to QCAT for the decision to be stayed; and Page 829 BR WN ona 11 13 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 17 Amendment of Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008 [s 1808] (iii) under section 65A of the Act—ask for the chief executive's decision on the review (the reviewed decision) to be reviewed by QCAT; and (iv) under the QCAT Act—apply for the reviewed decision to be stayed.'. Part 17 Amendment of Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008 1808 Regulation amended This part amends the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008. 1809 Amendment of pt 19, hdg (Review and appeal of decisions) Part 19, heading, 'and appeal'— omit. 1810 Replacement of s 220 (Review of and appeals against decisions) Section 220— omit, insert— '220 __—iInternal and external review of decisions '(1)_ Sections 65 and 65A of the Act apply to a schedule 1 decision as if a reference to an original decision in the sections were a reference to the schedule 1 decision. Page 830 oMmnna nk WNrR NOR nN NM BW \o on 21 23 Queensland Civil and Administrat Part 18 Amendment of Transpo ive Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads rt Operations (Road Use Management—Driver Licensing) Regulation 1999 [s 1811] "(2) In this section— schedule I decision means a decision mentioned in schedule Clause 1811 Amendment of s ch 4 (Dictionary) Schedule 4, definition information notice, paragraph (b)— omit, insert— "(b)_ that the person may— (i) und er section 65 of the Act—ask for the decision to be reviewed by the chief executive; and (ii) und Act the (iii) und exe dec: (iv) und dec Part 18 A er the Transport and Planning Coordination 1994, part 5, division 2—apply to QCAT for decision to be stayed; and er section 65A of the Act—ask for the chief cutive's decision on the review (the reviewed ision) to be reviewed by QCAT; and er the QCAT Act—apply for the reviewed ision to be stayed.'. mendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Clause 1812 Regulation amended This part amends the Transport Operations (Road Use Management—Driver Licensing) Regulation 1999. Page 831 WN OoOmArNI DN fF NAD NAW NK O 1921 24 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 18 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 [s 1813] 1813 Amendment of s 14Ad (Taking of practical driving test to be eligible for class C P1 provisional licence) Section 14AJ(2)(b), from 'under' to 'by'— omit, insert— 'by the chief executive under section 38 or by QCAT or'. 1814 Amendment of ss 16, 33 and 33A Sections 16(4)(c)(ii), 33(6)(b)(ii) = and) = 33A(3)(b) (ai), 'appealing' — omit, insert— 'applying for a review of the decision'. 1815 Amendment of s 30G (Persons who are eligible, or not eligible, to apply for order) Section 30G(3)(e), after 'on'— insert— "a review by QCAT or'. 1816 Amendment of s 30U (Persons who are eligible, or not eligible, to apply for order) Section 30U(3)— insert— '(_h) a suspension or cancellation that was set aside on a review by QCAT.'. 1817 Amendment of s 38 (Reconsideration of decision by chief executive) Section 38(2) to (7)— omit, insert— Page 832 nA fb wWNe Oo OND nA WNe ro OO OND Nw 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 18 Amendment of Transport Operations (Road Use Management—Driver Licensing) 2) 'B) (4) "O) Regulation 1999 [s 1817] The person may apply, in the approved form, to the chief executive to reconsider the original decision. The application must be made— (a) for an original decision mentioned in subsection (1)(a) to (e) or (g) to (k)—within 28 days after— (i) the day the notice of the decision is given to the person; or (ii) if the applicant is given oral notice of the decision and asks for written notice—the day the written notice is given to the applicant; or (b) for an original decision mentioned in subsection (1)(f)—within 7 days after the day notice of the requirement is given to the person under section 37A(2). After reconsidering the original decision, the chief executive may— (a) confirm the decision; or (b) set aside the decision and substitute another decision. The chief executive must give the person a notice stating— (a) the reconsidered decision; and (b) _ that the person may— (i) if the original decision is a decision mentioned in subsection (1)(a), (b), (c), or (d)—under section 131(1AA) of the Act, apply to QCAT— (A) for a review of the reconsidered decision; and (B) unless the original decision is a prescribed licence decision—for a stay of the reconsidered decision; or (ii) if the original decision is a decision mentioned in subsection (1)(e), (f), (g), (h), (i), (j) or (k)—under section 65A of the Act, apply to QCAT— Page 833 Com AD WH W NE Co WN DNF WNrY CO iS) Oo NNW WNre Nw ns NNW ona Wwhd Re OowO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 18 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 [s 1817] (6) 7) Page 834 (A) for a review of the reconsidered decision; and (B) unless the original decision is a prescribed authority decision—for a stay of the reconsidered decision. If the original decision is a decision mentioned in subsection (1)(e), (f), (g), (h), Gi), Gj) or (k), section 65A of the Act applies to the reconsidered decision as if it were a reviewed decision mentioned in that section. In this section— original decision means a decision mentioned in any of paragraphs (a) to (k) of subsection (1). prescribed authority decision means a decision to withdraw a person's authority to drive on a Queensland road under a non-Queensland driver licence if the reason, or | of the reasons, for the decision is the person's mental or physical incapacity. prescribed licence decision means a decision to suspend, cancel or immediately suspend a person's licence if the reason, or | of the reasons, for the decision is the person's mental or physical incapacity. reconsidered decision means the chief executive's decision on the reconsideration of an original decision.'. CAND NRW NRE NY SOM ADNHBW NK CO N — NN WN Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 19 Amendment of Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 [s 1818] Part 19 Amendment of Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 1818 Regulation amended This part amends the Transport Operations (Road Use Management—Fatigue Management) Regulation 2008. 1819 Amendment of s 155 (Amendment, suspension or cancellation of class work and rest hours exemption) (1) Section 155(3)(a), '(6)'— omit, insert— "(5). (2) Section 155(3)(b)— omit, insert— '(b) the requirement to state, in a written notice to the holder of an approval under section 19(1), (3), (5) or (9) of the Act, information about the holder's ability to apply for the review of particular decisions of the chief executive is taken to be a requirement to state the information in relation to a person whose interests may be affected by the chief executive's decision;'. (3) Section 155(3)(c), '(including a notice mentioned in section 19(6)(a) of the Act informing the holder of the chief executive's decision)' — omit. (4) Section 155(4), '(4)(b)'— omit, insert— 7)'. Page 835 BRWN Fe nn \o 0 NY SCOmMmIAMN FP WN KF CO N — NNN BRWN NY NY bY NY aoarnrnwn Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 19 Amendment of Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 [s 1820] 1820 Amendment of pt 7, div 4, hdg (Review and appeal of decisions) Part 7, division 4, heading, 'Review and appeal' — omit, insert— 'Internal and external review' . 1821 Amendment of s 185 (Review of original decision) (1) Section 185, heading— omit, insert— '185 Internal review of decisions'. (2) Section 185(3)(b)(ii), 'the Magistrates Court'— omit, insert— "QCAT'. 1822 Replacement of s 186 (Appeal against reviewed decision) Section 186— omit, insert— '186 External review of decisions '1) If a reviewed decision is not the decision sought by the applicant for the review, the chief executive must give the applicant a QCAT information notice for the reviewed decision. '(2) The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the reviewed decision. Note— The QCAT Act, section 22(3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative. "(3) In this section— Page 836 omnan na kW Ne N NY SCOmINI HD NW #& WwW 22 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 19 Amendment of Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 [s 1823] QCAT information notice means a notice complying with the QCAT Act, section 157(2). reviewed decision means the chief executive's decision on a review under s ection 185.'. Clause 1823 Replacement of sch 4, hdg (Review and appeal) Schedule 4, heading— omit, insert— 'Schedule 4 Reviewable decisions section 185'. Clause 1824 Amendment of sch 6 (Dictionary) Schedule 6, definition information notice, paragraph (b)(i) and (ii)— omit, insert— "Gi) und ler section 185—ask for the decision to be reviewed by the chief executive; and (ii) und Act the (iii) und dec er the Transport Planning and Coordination 1994, part 5, division 2—apply to QCAT for decision to be stayed; and ler section 186—ask for the chief executive's ision on the review (the reviewed decision) to be reviewed by QCAT; and (iv) und dec er the QCAT Act—apply for the reviewed ision to be stayed.'. Page 837 BW NF omaraiainan NY SCO ANAND NB W NK CO N — NN WN Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 20 Amendment of Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999 [s 1825] Part 20 Amendment of Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999 1825 Regulation amended This part amends the Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999. 1826 Replacement of s 66 (Review of decisions) Section 66— omit, insert— '66 Review of decisions "(1)_ Sections 65 and 65A of the Act apply to a division 4 decision as if a reference to an original decision in the sections were a reference to the division 4 decision. "(2) In this section— division 4 decision means a decision to which this division applies as mentioned in section 65.'. Page 838 BRWN Fe NADA UN AD MN PWN KF CO Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 21 Amendment of Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 1999 [s 1827] Part 21 Amendment of Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 1999 1827 Regulation amended This part amends the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 1999. 1828 Replacement of s 44 (Review of decisions) Section 44— omit, insert— '44 Review of decisions '(1)_ Sections 65 and 65A of the Act apply to an approval decision as if a reference to an original decision in the sections were a reference to the approval decision. "(2) In this section— approval decision means a decision of the issuing authority— (a) to refuse an approval; or (b) to issue an approval on a condition.'. Page 839 nA BwWN Oonmrn a NX So Co mMWmrAN ANF WN KF CO Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 22 Amendment of Transport Planning and Coordination Act 1994 [s 1829] Part 22 Amendment of Transport Planning and Coordination Act Clause 1829 Act amended This part amends the Transport Planning and Coordination Act 1994. Clause 1830 Amendment of s 29 (What part applies to) Clause 1831 d) (2) Section 29(a), after 'review' — insert— ", by the chief executive, '. Section 29(a), '; and'— omit, insert— '" ° 5 or'. Amendment of s 30 (Definitions) d) (2) Section 30, definition appeal court, '29(1)'— omit, insert— "29(b)'. Section 30, definition original decision, '29(1)'— omit, insert— "29(a)'. Clause 1832 Amendment of s 32 (Stay of operation of original decision) d) Page 840 Section 32, 'appeal court'— omit, insert— An f Ww NF Oo omMmrNI DWN Ff 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 (2) (3) (4) 9) Chapter 13 Department of Transport and Main Roads Part 22 Amendment of Transport Planning and Coordination Act 1994 [s 1833] 'relevant entity'. Section 32(2), 'the court'— omit, insert— 'or review by the relevant entity'. Section 32(7), after 'the decision' — insert— 'or apply for a review of the decision as provided under the QCAT Act'. Section 32— insert— In this section— relevant entity means— (a) if the reviewed decision may be reviewed by QCAT—QCAT; or (b) _ if the reviewed decision may be appealed to the appeal court—the appeal court.'. Clause 1833 Amendment of s 34 (Decision on review) d) (4) Section 34(4)— omit, insert— If the reviewed decision is not the decision sought by the applicant for the review, the decision notice— (a) for a reviewed decision that may be reviewed by QCAT—must comply with the QCAT Act, section 157(2); or (b) for a reviewed decision that may be appealed to the appeal court—must state— (i) the reasons for the reviewed decision; and Page 841 CAN DUN FW NY Dan BW N KF OC 21 2326 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 13 Department of Transport and Main Roads Part 22 Amendment of Transport Planning and Coordination Act 1994 [s 1834] (ii) that the applicant may, within 28 days, appeal against the reviewed decision to the appeal coutt.'. (2) Section 34(6)— omit, insert— '(6) In applying to QCAT for a review or appealing to the appeal court, the decision subject to review or appeal is the reviewed decision and not the original decision.'. 1834 Insertion of new s 34A Part 5, division 3— insert— '384A _ Application of div 3 'This division does not apply to a reviewed decision if, under the transport Act providing for the review, a person may apply to QCAT for a review of the reviewed decision.'. 1835 Omission of s 36DA (Commissioner for Children and Young People and Child Guardian) Section 36DA— omit. Page 842 ADM FP WwW NR \o ow BRWN FF Oo on an Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 1 Amendment of Community Ambulance Cover Act 2003 [s 1836] Chapter 14 Department of Treasury Part 1 Amendment of Community Ambulance Cover Act 2003 1836 Act amended This part amends the Community Ambulance Cover Act 2003. 1837 Amendment of s 92B (Special provision for notification of hot water system exemption for power card arrangement instead of s 92(3) and (4)) Section 92B(4)(b), 'objection or appeal' — omit, insert— 'objection, appeal or review'. 1838 Amendment of s 131 (Notice of decision) Section 131(2)— omit, insert— '(2) The notice must comply with the QCAT Act, section 157(2).'. 1839 Replacement of pt 9, div 2 (Appeals) Part 9, division 2— omit, insert— Page 843 nn 0 OND Dun fF WN on Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 1 Amendment of Community Ambulance Cover Act 2003 [s 1839] 'Division 2 Reviews by QCAT '132 Applications for review of decisions 'An objector who is dissatisfied with the commissioner's decision on an objection may apply, within 60 days after the objector receives notice of the commissioner's decision on the objection and as otherwise provided under the QCAT Act, to QCAT for a review of the decision. '133. QCAT to decide review on evidence before the commissioner ") 2) 'B) (4) "O) Page 844 This section applies to a proceeding for a review by QCAT of a decision of the commissioner on an objection. QCAT must— (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made, unless QCAT considers it necessary in the interests of justice to allow new evidence; and (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision. The grounds on which the application for review is made are limited to the grounds of the relevant objection, unless QCAT otherwise orders. The applicant for the proceeding has the onus of proving the applicant's case. If QCAT decides, under the QCAT Act, section 139, that the proceeding should be reopened, the issues in the proceeding that are reheard must be— (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and NADMNHW WV \o NY SCOmMmW ADMNABW NY KO NNN WNre Nw ns NNW ana WWwWhN RP Ow Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 1 Amendment of Community Ambulance Cover Act 2003 [s 1840] (b) decided in accordance with the same law that applied to the making of the original decision. '(6) In this section— new evidence means evidence that was not before the commissioner when the decision on the objection was made. original decision means a matter mentioned in section 127(1)(a) to (d) that was a subject of the relevant objection. relevant objection means the objection to which the decision relates. CMD ND VHP W NK '134 Representation of parties before QCAT '(1)_ This section applies to a party in a proceeding before QCAT relating to an application under section 132. Ww Nr © "(2) The party may be represented by a lawyer.'. 1840 Amendment of s 139 (Effect of a non-reviewable decision) Section 139(b), 'objection or appeal' — omit, insert— NAW fs 'objection, appeal or review'. 1841 Amendment of s 148 (Evidentiary provision for statements of levy liability) Section 148(1)(b)(i), 'against' — 20 omit, insert— 21 \o 'against, or review of,'. 22 Page 845 Queenslai Chapter 1 nd Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 4 Department of Treasury Part 2 Amendment of Debits Tax Repeal Act 2005 [s 1842] Part 2 Amendment of Debits Tax Repeal Act 2005 Clause 1842 Act amended This part amends the Debits Tax Repeal Act 2005. Clause 1843 Amendment of s 5 (Saving provision for pre-repeal debits) Section 5— insert— '(2) Without limiting subsection (1), a person who, under the repealed Debits Tax Act 1990, had a right to request the commissioner to refer the commissioner's decision relating to an objection to the Supreme Court may— (a) request the commissioner to refer the commissioner's decision relating to the objection to the Supreme Court; or (b) apply, within 60 days after the person is given notice of the commissioner's decision relating to the objection and as otherwise provided under the QCAT Act, to QCAT for a review of the decision of the commissioner relating to the objection. "(3) A person may only apply to QCAT under subsection (2)(b) if Clause 1844 Page 846 the person has paid the amount of the tax payable under the assessment to which the objection relates.'. Insertion of new ss 8-10 After section 7— insert— oWmnn an NY SOMID NRW NK O N — 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 '8 '9 Chapter 14 Department of Treasury Part 2 Amendment of Debits Tax Repeal Act 2005 [s 1844] Effect of making reassessment after review started '(1)_ This section applies if— 2) 'B) (a) (b) a person applies to QCAT for a review of the decision of the commissioner relating to an objection against an assessment of the taxpayer's liability for tax (the QCAT review); and the commissioner makes a reassessment relevant to the assessment of the taxpayer's liability for tax. On receiving the assessment notice for the reassessment, the person to whom the reassessment applies may— (a) (b) continue or withdraw the person's application for review; or instead of objecting to the reassessment, change the grounds of the review by filing notice of the change with the principal registrar of QCAT. However, the person may change the grounds of the review only to the extent that the person would have a right of objection to the reassessment. Proceedings for a review by QCAT '(1)_ This section applies to a proceeding for a review by QCAT of a decision of the commissioner relating to an objection. QCAT may not, under the QCAT Act, section 61(1), extend the period within which a person may apply to QCAT under section 5(2)(b). QCAT must— 2) 'B) (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made, unless QCAT considers it necessary in the interests of justice to allow new evidence; and Page 847 0 OANI ANFW NY CID NEW NF CO 21 232729 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 2 Amendment of Debits Tax Repeal Act 2005 [s 1844] (4) "O) (6) 7) "(8) (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision. The grounds on which the application for review is made are limited to the grounds of the relevant objection, unless QCAT otherwise orders. The applicant for the proceeding has the onus of proving the applicant's case. If QCAT decides, under the QCAT Act, section 139, that the proceeding should be reopened, the issues in the proceeding that are reheard must be— (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and (b) decided in accordance with the same law that applied to the making of the original decision. A party to the proceeding may be represented by a lawyer. In this section— new evidence means evidence that was not before the commissioner when the decision was made. original decision means assessment, of the taxpayer's liability for tax, that was the subject of the relevant objection. relevant objection means the objection to which the commissioner's decision relates. "10 Transfer of appeals from Supreme Court only with consent Page 848 'Despite the QCAT Act, section 268(4) the court may not transfer a proceeding to QCAT without the consent of the applicant for the proceeding.'. C0 ONY DNL WNeK on AN fFWNHY KO iS) ow NW Noe NN BW 26 28 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 3 Amendment of Duties Act 2001 [s 1845] Part 3 Amendment of Duties Act 2001 Clause 1845 Act amended This part amends the Duties Act 2001. Clause 1846 Amendment of s 5 (Relationship of Act with Administration Act) Section 5(2)(d), 'against' — omit, insert— 'against, or reviews of,'. Clause 1847 Amendment of s 411 (Application for exemption for dutiable transaction or relevant acquisition) (1) Section 411(4)(d))— omit, insert— '@) after the ruling is made but before the application for the exemption is decided, a legislative change takes effect, a judgment of a court is given or a decision is made by QCAT;'. (2) Section 411(4)(d)(ii), 'change or judgment' — omit, insert— 'change, judgment or decision'. Clause 1848 Replacement of ch 13, hdg (Review and appeals) Chapter 13, heading— omit, insert— Page 849 w onan Wns Co mrN ADANFW NY KF CO 21 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 3 Amendment of Duties Act 2001 [s 1849] 'Chapter 13 'Internal and external reviews'. 1849 Amendment of ch 13, pt 1, hdg (Reviews) Chapter 13, part 1, heading, after '"Reviews'— insert— 'by commissioner'. 1850 Amendment of s 474 (Notice of review decision) Section 474(2)— omit, insert— '(2) The notice must comply with the QCAT Act, section 157(2).'. 1851 Replacement of ch 13, pt 2 (Appeals) Chapter 13, part 2— omit, insert— 'Part 2 Reviews by QCAT '475 Applying for review by QCAT of a review decision 'The applicant for the review of the original decision who is dissatisfied with the review decision may apply, as provided under the QCAT Act, to QCAT for a review of the review decision. '476 QCAT to decide external review on evidence given in the proceeding for the review '(1)_ This section applies to a proceeding for a review by QCAT of a review decision. (2) QCAT must— Page 850 n nN B&B WwW on WN CWMWINID UN 23 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 3 Amendment of Duties Act 2001 [s 1851] (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made, unless QCAT considers it necessary in the interests of justice to allow new evidence; and (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision to which the proceeding for the review relates. '(3) The grounds for the review by QCAT are limited to the grounds of the review by the commissioner, unless QCAT orders otherwise. "(4) If QCAT decides, under the QCAT Act, section 139, that the proceeding should be reopened, the issues in the proceeding that are reheard must be— (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and (b) decided in accordance with the same law that applied to the making of the original decision to which the proceeding for the review relates. "(5) In this section— new evidence means evidence that was not before the commissioner when the review decision was made. '477 Representation of parties before QCAT '(1)_ This section applies to a party in a proceeding before QCAT relating to an application under section 475. "(2) The party may be represented by a lawyer.'. Page 851 0 AND NHWNKE COM ANDN FWY KO NY WY — NN WN 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 4 Amendment of Financial Intermediaries Act 1996 [s 1852] Part 4 Amendment of Financial 1 Intermediaries Act 1996 2 Clause 1852 Act amended 3 This part amends the Financial Intermediaries Act 1996. Clause 1853 Amendment of pt 12, hdg (Review of decisions and appeals) Part 12, heading, 'and appeals' — onan omit. Clause 1854 Amendment of pt 12, div 1, hdg (Review of decisions) 9 Part 12, division 1, heading, after 'decisions'— 0 insert— 'by registrar'. N Clause 1855 Amendment of s 203 (Affected person may apply for review) Section 203, heading, after 'review'— insert— ND NM SW 'by registrar'. Clause 1856 Amendment of s 205 (Decision on review) Section 205(3)— omit, insert— 20 '(3) The notice must comply with the QCAT Act, section 157(2).'. 21 \o ow Page 852 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 4 Amendment of Financial Intermediaries Act 1996 [s 1857] 1857 Replacement of pt 12, div 2 (Appeals against review decisions) Part 12, division 2— omit, insert— 'Division 2 External review of decisions by QCAT '206 Affected person may apply for external review by QCAT '(1)_ A person whose interests are affected by the review decision may apply, as provided under the QCAT Act, to QCAT for a review of the review decision. '(2) A copy of the application must be served on the registrar within 7 days of applying to QCAT. '207 'Tribunal to decide review on evidence before the chief executive '1) In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must— (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision. '(2) If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard must be— (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and Page 853 \o ON nun BW Ne WN Fo NX SCOmW AND Wf 222528 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 4 Amendment of Financial Intermediaries Act 1996 [s 1857] 'B) (b) decided in accordance with the same law that applied to the making of the original decision. In this section— original decision means the decision of the chief executive to which the proceeding for the review relates. '208 Tribunal may give leave for review to be decided on new evidence in particular circumstances ") 2) 'B) Page 854 Despite section 207, the tribunal may grant a party in a proceeding for a review of a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied— (a) the party did not know, and could not reasonably be expected to have known, of the existence of the new evidence before the decision; and (b) in the circumstances, it would be unfair not to allow the party to present the new evidence. If the tribunal gives leave under subsection (1), the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons. In this section— new evidence means evidence that was not before the chief executive when the decision was made.'. ABW NR on NOW NY SOM AN BPWN FO NN oe NN BW Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 5 Amendment of First Home Owner Grant Act 2000 [s 1858] Part 5 Amendment of First Home Owner Grant Act 2000 1858 Act amended This part amends the First Home Owner Grant Act 2000. 1859 Amendment of s 50 (Effect of writing off liability) Section 50, 'court ordered costs' — omit, insert— 'costs ordered by a court or QCAT'. 1860 Amendment of pt 5, hdg (Objections and appeals) Part 5, heading, 'appeals'— omit, insert— 'reviews'. 1861 Amendment of s 58 (Notice of decision) Section 58(2)— omit, insert— '(2) The notice must comply with the QCAT Act, section 157(2).'. 1862 Replacement of pt 5, div 2 (Appeals) Part 5, division 2— omit, insert— 'Division 2 Review of decision on objections Page 855 omarninawn N nn & W Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 5 Amendment of First Home Owner Grant Act 2000 [s 1862] '59 ~— Right of review by QCAT 'An objector who is dissatisfied with the commissioner's decision on the objection may apply, within 60 days after the objector receives notice of the commissioner's decision on the objection and as otherwise provided under the QCAT Act, to QCAT for a review of the decision. '60 QCAT to decide review on evidence before the commissioner ") 2) 'B) (4) "O) Page 856 This section applies to a proceeding for a review by QCAT of a decision of the commissioner on an objection. QCAT must— (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made, unless QCAT considers it necessary in the interests of justice to allow new evidence; and (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision. The grounds on which the application for review is made are limited to the grounds of the relevant objection unless QCAT otherwise orders. If QCAT decides, under the QCAT Act, section 139, that the proceeding should be reopened, the issues in the proceeding that are reheard must be— (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and (b) decided in accordance with the same law that applied to the making of the original decision. In this section— DNNnkRWN \o orn CAN ADANSWNY KF CO NNW NRO NNN On & W& NNW ona wWhd ow w jae Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 6 Amendment of Fuel Subsidy Act 1997 [s 1863] new evidence means evidence that was not before the 1 commissioner when the decision on the objection was made. 2 original decision means the decision of the commissioner that 3 was the subject of the relevant objection. 4 relevant objection means the objection to which the decision 5 of the commissioner relates. 6 '61 Representation of parties before QCAT 7 '(1)_ This section applies to a party in a proceeding before QCAT 8 relating to an application under section 59. 9 "(2) The party may be represented by a lawyer.'. 0 Clause 1863 Amendment of s 68 (Offence to disclose confidential 1 information) 2 Section 68(5), after 'a court'— 3 insert— 4 'or QCAT'. 5 Part 6 Amendment of Fuel Subsidy 16 Act 1997 17 Clause 1864 Act amended 18 This part amends the Fuel Subsidy Act 1997. 19 Clause 1865 Amendment of ch 5, pt 4, hdg (Reviews and appeals) 20 Chapter 5, part 4, heading, 'and appeals' — 21 omit. 22 Page 857 Clause Clause Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 6 Amendment of Fuel Subsidy Act 1997 [s 1866] 1866 Replacement of ch 5, pt 4, div 2, hdg (Reviews and appeals under this Act) Chapter 5, part 4, division 2, heading— omit, insert— 'Division 2 Internal and external reviews of decisions'. 1867 Amendment of s 117 (Definitions for div 2) Section 117, definition court— omit. 1868 Amendment of s 120 (Who may apply for review) Section 120, heading, after 'review' — insert— 'by commissioner'. 1869 Amendment of s 122 (Review decision) Section 122(3)— omit, insert— '(3) _ If the review decision is not the decision sought by the person, the notice under subsection (2) must comply with the QCAT Act, section 157(2).'. 1870 Replacement of ch 5, pt 4, div 2, sdiv 3 (Appeals) Chapter 5, part 4, division 2, subdivision 3— omit, insert— Page 858 Dn FW Ne on Ww NF Oo CMAN DWN fF 21 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 6 Amendment of Fuel Subsidy Act 1997 [s 1870] 'Subdivision 3 External review of decision "123. Who may apply for review by QCAT 'A person who has applied for the review of a decision under division 2 and is dissatisfied with the review decision may apply, as provided under the QCAT Act, to QCAT for a review of the review decision. '124 No stay of operations of decisions "QCAT may not, under the QCAT Act, section 22(3), grant a stay of the operation of the review decision. '125 QCAT to decide review on evidence before the commissioner '(1)_ This section applies to a proceeding for a review by QCAT of a review decision. (2) QCAT must— (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made, unless QCAT considers it necessary in the interests of justice to allow new evidence; and (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision to which the proceeding for the review relates. '(3) The grounds on which the application for review is made are limited to the grounds of the application relevant to the review decision, unless QCAT otherwise orders. "(4) If QCAT decides, under the QCAT Act, section 139, that the proceeding should be reopened, the issues in the proceeding that are reheard must be— Page 859 DAnkwW WN ~ \o COANDMN FP WN KO NNW NRO NNN On & W& NNW ona Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 6 Amendment of Fuel Subsidy Act 1997 [s 1871] (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and (b) decided in accordance with the same law that applied to the making of the original decision to which the proceeding for the review relates. "(5) In this section— new evidence means evidence that was not before the commissioner when the decision on the objection was made. original decision means the decision for which the person applied to the commissioner for a review of, under part 4, division 2, subdivision 2. '126 Representation of parties before QCAT '(1)_ This section applies to a party in a proceeding before QCAT relating to an application under section 123. "(2) The party may be represented by a lawyer.'. 1871 Amendment of s 141A (Refusal to disclose particular information) Section 141A(2), after 'a court' — insert— 'or QCAT'. 1872 Replacement of sch 1 (Decisions subject to review and appeal) Schedule 1— omit, insert— Page 860 COMA NY DANK WNK NRO nN NAB wW \o orn 21 23 25 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 6 Amendment of Fuel Subsidy Act 1997 [s 1872] 'Schedule 1 Decisions subject to review section 117 Section Description of decision 13(2) requiring person to refund a subsidy 19(4) deciding anticipated annual subsidy or refusing a request to decide an anticipated annual subsidy 20(2) deciding a different date for paying, or not to pay, a provisional subsidy to a licensed retailer 21(1) requiring a retailer to give a written guarantee 22(3) requiring a retailer to lodge claims on stated day 25(3) deciding a licensed retailer has not complied with licence conditions 34A(3) deciding chapter 3, part 2, division 1 does not apply to a bulk end user 34C(2) deciding provisional subsidy for a bulk end user 34D(2) deciding subsidy to which the bulk end user is entitled 34F(3) deciding a licensed bulk end user has not complied with the licence conditions 34G(1) deciding chapter 3, part 2, division 1 does not cease to apply to a bulk end user 35(3) deciding a claim period for a bulk end user 36(4) deciding a licensed bulk end user has not complied with the licence conditions 43(2) deciding to impose conditions on a licence Page 861 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 7 Amendment of Motor Accident Insurance Act 1994 [s 1873] Section 43(3) 44(3) 50(2) 51(2) 52(2) 53(1) 83(1)(c) 133(1) 135(1) Part 7 1873 Act amended This part amends the Motor Accident Insurance Act 1994. Description of decision refusing application for a licence fixing effective date for a licence other than as applied for cancelling a licence suspending a licence suspending a licence changing conditions of a licence forfeiting a thing to the commissioner deciding records not sufficient to satisfy commissioner that subsidy amount paid was correct requiring a person to pay an amount under a prescribed section'. Amendment of Motor Accident Insurance Act 1994 1874 Replacement of s 68 (Appeals against the commission's Page 862 decisions) Section 68— omit, insert— onan Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 8 Amendment of Pay-roll Tax Act 1971 [s 1875] '68 Review of the commission's decisions by QCAT "(1) An insurer may apply, as provided under the QCAT Act, to QCAT for a review of a decision by the commission to withdraw or suspend the insurer's licence. '(2) For a proceeding of QCAT for a review under this section, QCAT must be constituted by at least 1 judicial member within the meaning of the QCAT Act. "(3) If QCAT changes or reverses the commission's decision, the commission must publish notice of QCAT's decision in the gazette.'. Part 8 Amendment of Pay-roll Tax Act Clause 1875 Act amended This part amends the Pay-roll Tax Act 1971. Clause 1876 Amendment of s 8 (Relationship of Act with Administration Act) Section 8(2)(d), 'against' — omit, insert— 'against, or reviews of,'. Clause 1877 Amendment of s 104 (This Act as a revenue law for the Administration Act) (1) Section 104(3)(d)— omit. (2) Section 104(3)(e)— renumber as section 104(3)(d). Page 863 FoOome ADM PWN ke So oo mn an 22 24 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 9 Amendment of Taxation Administration Act 2001 [s 1878] Clause 1878 Amendment of schedule (Dictionary) Part 9 Schedule, definition prescribed pay-roll tax liability, paragraph (d), 'court ordered costs' — omit, insert— 'costs ordered by a court or QCAT'. Amendment of Taxation Administration Act 2001 Clause 1879 Act amended This part amends the Taxation Administration Act 2001. Clause 1880 Amendment of s 17 (Commissioner's general power to make reassessments) 2) 'B) Page 864 Section 17(2) and (3)— omit, insert— However, the commissioner may make a reassessment of a taxpayer's liability assessed under a compromise assessment only— (a) with the taxpayer's written agreement; or (b) if the commissioner reasonably believes the compromise assessment was— (i) obtained by fraud; or (ii) made on the basis of a false or misleading statement or there was a failure to give material information. The commissioner may make a reassessment under subsection (1) even if an objection or appeal against, or review of, the nA WN Com A DANK WN FO NX So NNW WNre Nw ns Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 9 Amendment of Taxation Administration Act 2001 [s 1881] assessment of the taxpayer's liability for tax has started but not yet been decided.'. Amendment of s 19 (When commissioner must make reassessment—objections or court decisions) (1) Section 19, heading, 'objections or court decisions' — omit, insert— 'objections, court decisions or QCAT decisions'. (2) Section 19(1), after 'or a court'— insert— 'or QCAT'. (3) Section 19(2), 'court's decision' — omit, insert— 'decision of a court or QCAT'. Amendment of s 20 (Legal interpretations and practices applying to particular reassessments) Section 20(4)(a), after 'court' — insert— 'or QCAT'. Amendment of s 23 (Limitation period does not apply to particular reassessments) Section 23(a)— omit, insert— '(a) if an appeal against, or review of, a decision on an objection to an assessment is started, the commissioner may, under section 17, make a reassessment after the limitation period and before a decision is made on the appeal or review if the taxpayer agrees; and'. Page 865 omnNn nD Nn Bw Ne WwW NF O&O on DH Ws 21 2426 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 9 Amendment of Taxation Administration Act 2001 [s 1884] Clause 1884 Amendment of s 61 (Interest on particular overpayments following court's decision) (1) Section 61(1)— insert— '(c) a reassessment giving effect to a decision of QCAT on an application for review made by the taxpayer under section 69.'. (2) Section 61(2), after 'court'— insert— 'or QCAT'. Clause 1885 Amendment of pt 6, hdg (Objections and appeals against assessments) Part 6, heading, 'Objections'-— omit, insert— 'Objections, reviews'. Clause 1886 Amendment of s 68 (Notice of decision) Section 68(2)(a) to (c)— omit, insert— '(a) the decision; (b) the reasons for the decision; (c) _ the taxpayer has a right to— (i) appeal to the Supreme Court; or (ii) apply, as provided under the QCAT Act, to QCAT for a review of the commissioner's decision; (d) how, and the period within which, the taxpayer may appeal or apply for the review; Page 866 CoM ANAIDN FW NK nA WwW Ne oMmona 2124 26 Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 9 Amendment of Taxation Administration Act 2001 [s 1887] (e) any right the taxpayer has to have the operation of the decision stayed.'. 1887 Replacement of pt 6, div 2 (Appeals) Part 6, division 2— omit, insert— 'Division 2 Appeals and reviews 'Subdivision 1 Right of appeal or review '69 Right of appeal or review '(1)_ This section applies to a taxpayer if— (a) the taxpayer is dissatisfied with the commissioner's decision on the taxpayer's objection; and (b) _ the taxpayer has paid the whole of the amount of the tax and late payment interest payable under the assessment to which the decision relates. '(2) The taxpayer may, within 60 days after notice is given to the taxpayer of the commissioner's decision on the objection— (a) appeal to the Supreme Court; or (b) apply, as provided under the QCAT Act, to QCAT for a review of the commissioner's decision. "(3) QCAT may not, under the QCAT Act, section 61(1)(a), extend the period under subsection (2) within which the taxpayer may apply to QCAT for the review. '69A Effect of making reassessment after appeal or review started '(1)_ This section applies if— (a) a taxpayer— Page 867 N n nn & WwW Com NA DN FWN KF CO NW Wh NRO 24 26 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 9 Amendment of Taxation Administration Act 2001 [s 1887] 2) 'B) (b) On receiving the assessment notice for the reassessment, the (i) appeals to the Supreme Court against the decision of the commissioner relating to an objection against an assessment of the taxpayer's liability for tax; or (ii) applies to QCAT for a review of the decision of the commissioner relating to an objection against an assessment of the taxpayer's liability for tax (the QCAT review); and the commissioner makes a reassessment of the taxpayer's liability for tax after the appeal or review has started but before the appeal or review has been decided. taxpayer may— (a) (b) continue or withdraw— (i) _ the existing appeal; or (ii) the taxpayer's application for review; or instead of objecting to the reassessment, change the grounds of the appeal or review, by filing notice of the change with— (i) for an appeal—the registrar of the Supreme Court; or (ii) for a review—the registrar of QCAT. However, the taxpayer may change the grounds of the appeal or review only to the extent that the taxpayer would have a right of objection to the reassessment. 'Subdivision 2 Appeals to the Supreme Court '70 How to start appeal to the Supreme Court '(1)_ An appeal to the Supreme Court is started by giving written notice of the appeal to the commissioner within 7 days after the notice of appeal is filed. Page 868 CO ONDMN BPWNK COMPANI DN FSF WN KO NW re oO N N NNN Mn & LW 29 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 9 Amendment of Taxation Administration Act 2001 [s 1887] '(2) The notice of appeal must be filed within 60 days after notice is given to the taxpayer of the commissioner's decision on the objection. '(3) The Supreme Court must not extend the time for filing the notice. '(4) The notice of appeal must state fully the grounds of the appeal and the facts relied on. '(5) The grounds of an appeal to the Supreme Court are limited to the grounds of objection unless the court otherwise orders. '70A Onus on appeal 'On the appeal, the appellant has the onus of proving the appellant's case. '70B Admissibility of new evidence "(1)_ Subsection (2) applies if— (a) the Supreme Court is satisfied evidence material to the objection was not before the commissioner when the objection was decided; and (b) subject to section 70(5), the court admits the evidence. "(2) The court must— (a) adjourn the hearing of the appeal; and (b) direct the commissioner to reconsider the objection having regard to the evidence and any other evidence obtained by the commissioner. '(3) However, subsection (2) does not apply if the commissioner asks the court to continue the hearing without the commissioner reconsidering the objection. '(4) For reconsidering the objection, the commissioner has all the powers conferred under this Act. Page 869 Com AD NH WNe NOR CoO ANIDN FW 222528 Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 9 Amendment of Taxation Administration Act 2001 [s 1887] '70C_ Deciding appeal 'The Supreme Court must allow the appeal completely or partly or disallow it. 'Subdivision 3 Reviews by QCAT '71 QCAT to decide review on evidence before the commissioner '(1)_ This section applies to a proceeding for a review by QCAT of a decision of the commissioner on an objection. '(2) The grounds on which the application for review is made are limited to the grounds of the relevant objection, unless QCAT otherwise orders. 3) QCAT must— (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made, unless QCAT considers it necessary in the interests of justice to allow new evidence; and (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision. "(4) If QCAT decides, under the QCAT Act, section 139, that the proceeding should be reopened, the issues in the proceeding that are reheard must be— (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and (b) decided in accordance with the same law that applied to the making of the original decision. "(5) In this section— Page 870 WN Co ON AN NY SCOmWADNHPW NY KO NNW WNre NNN oe NN on N \o Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 9 Amendment of Taxation Administration Act 2001 [s 1888] new evidence means evidence that was not before the 1 commissioner when the decision on the objection was made. 2 original decision means the assessment or reassessment that 3 was the subject of the relevant objection. 4 relevant objection means the objection to which the decision 5 of the commissioner relates. 6 '72 Representation of parties before QCAT 7 '(1)_ This section applies to a party in a proceeding before QCAT 8 relating to an application under section 69(2)(b). 9 "(2) The party may be represented by a lawyer. 0 '73 Onus on review 1 'On the review, the applicant has the onus of proving the 2 applicant's case.'. 3 Clause 1888 Amendment of s 76 (Effect of non-reviewable decisions) 4 Section 76(b), 'objection or appeal' — 5 omit, insert— 6 'objection, appeal or review'. 7 Clause 1889 Amendment of s 113 (Refusal of disclosure of particular 8 information) 9 Section 113(1), after 'court'— 20 insert— 21 'or QCAT'. 22 Page 871 Clause Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 9 Amendment of Taxation Administration Act 2001 [s 1890] 1890 Amendment of s 132 (Evidentiary provisions for assessments) Section 132(1)(b)(i), 'against' — omit, insert— 'against, or review of,'. 1891 Amendment of s 157 (Repealed Stamp Act is revenue law for particular provisions) Section 157(2), 'part 6 (Objections and appeals against assessments), other than sections 75 and 76 to the extent they relate to the other provisions of this Act for the repealed Stamp Act'— omit. 1892 Insertion of new pt 14 After section 164— insert— 'Part 14 Transitional provision for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 '165 Transfer of appeals from Supreme Court only with consent 'Despite the QCAT Act, section 268(4) the court may not transfer a proceeding to QCAT without the consent of the applicant for the proceeding.'. Page 872 on NOW na kW Ne N OmDAND NN FS WW 22 24 Clause Clause Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009 Chapter 14 Department of Treasury Part 10 Amendment of Taxation Administration Regulation 2002 [s 1893] Part 10 Amendment of Taxation Administration Regulation 2002 1893 Regulation amended This part amends the Taxation Administration Regulation 2002. 1894 Amendment of s 11 (Non-application of s 147 of Act) Section 11(1)(c), 'order' — omit, insert— 'order or decision of QCAT'. © State of Queensland 2009 Page 873 ns onmonna