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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Corrective Services and Other
Legislation Amendment Bill
2008
Queensland
Corrective Services and Other Legislation
Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Corrective Services Act 2006
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Insertion of new ch 6, pts 12A and 12B . . . . . . . . . . . . . . . . . . . . 6
Part 12A Discrimination complaints
Division 1 Preliminary
319A Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
319B Purpose of part and its achievement . . . . . . . . . . . . . 7
319C Relationship with Anti-Discrimination Act . . . . . . . . . . 8
Division 2 Restrictions on complaints
319D No property or interest in right of complaint . . . . . . . . 8
319E Complaint to chief executive required first . . . . . . . . . 8
319F Complaint to official visitor required first. . . . . . . . . . . 9
Division 3 Modifications
319G When treatment of offender by protected defendant
is not direct discrimination . . . . . . . . . . . . . . . . . . . . . 10
319H When term imposed on offender by protected
defendant is not indirect discrimination . . . . . . . . . . . 11
319I Restrictions on tribunal compensation orders . . . . . . 12
Part 12B Victim trust funds
Division 1 Preliminary
319J Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
319K Relationship between divs 2 to 4 and div 5 . . . . . . . . 15
Division 2 Restrictions on causes of action and
agreements
Corrective Services and Other Legislation Amendment Bill 2008
Contents
319L No property or interest in causes of action. . . . . . . . . 15
319M No property or interest under agreements . . . . . . . . . 16
Division 3 Establishment of victim trust fund
319N Relevant money held in trust in a victim trust fund . . . 17
319O Chief executive to be notified of victim trust fund . . . . 17
319P Victim trust fund to be transferred to public trustee . . 18
319Q Discharge of protected defendant . . . . . . . . . . . . . . . 19
319R Relevant money to form a separate victim trust fund . 19
Division 4 Distribution of victim trust fund
Subdivision 1 Victim claims
319S What is a victim claim. . . . . . . . . . . . . . . . . . . . . . . . . 20
319T Notice to potential claimants . . . . . . . . . . . . . . . . . . . 20
319U Identification of potential claimants . . . . . . . . . . . . . . 21
319V Giving of information to potential claimants . . . . . . . . 22
319W Starting of victim claims proceedings despite expiry
of limitation period . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
319X Notifying victim claims . . . . . . . . . . . . . . . . . . . . . . . . 24
319Y Payment of eligible victim claims from victim trust
fund ................................. 25
Subdivision 2 Entity claims
319Z What is an entity claim . . . . . . . . . . . . . . . . . . . . . . . . 26
319ZA Notice to collection entities of establishment of victim
trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
319ZB Notice to collection entities if amount left in victim
trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
319ZC Notifying entity claims. . . . . . . . . . . . . . . . . . . . . . . . . 30
319ZD Payment of eligible entity claims from victim trust fund 31
Subdivision 3 Payments to offender
319ZE Payment to offender of victim trust fund surplus . . . . 31
319ZF Payment to offender if no victim claims or entity
claims against offender. . . . . . . . . . . . . . . . . . . . . . . . 32
Division 5 Amounts not included in victim trust fund
319ZG Exception for future medical expenses. . . . . . . . . . . . 32
319ZH Exception for legal costs. . . . . . . . . . . . . . . . . . . . . . . 33
319ZI Orders in relation to relevant money . . . . . . . . . . . . . 34
319ZJ Agreements in relation to relevant money . . . . . . . . . 34
Division 6 Miscellaneous
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Corrective Services and Other Legislation Amendment Bill 2008
Contents
319ZK Amounts payable to public trustee for performance
of functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
319ZL Maximum legal costs of victim claims . . . . . . . . . . . . 35
5 Insertion of new ch 6, pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 13A Use of dangerous drugs for training
Division 1 Preliminary
344A Object of pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
344B Definitions for pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2 Drug control officers
344C Appointment and qualifications . . . . . . . . . . . . . . . . . 38
344D Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . 38
344E Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 39
344F Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
344G Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 39
344H Function and powers of drug control officer . . . . . . . . 39
Division 3 Keeping and use of dangerous drugs for
training
344I Keeping dangerous drug for use in department
training ............................... 40
344J Making drug control direction . . . . . . . . . . . . . . . . . . . 40
344K Entering into agency arrangement . . . . . . . . . . . . . . . 41
344L Requirements for keeping of dangerous drugs for
training purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 4 Register of dangerous drugs for training
344M Register of dangerous drugs for training . . . . . . . . . . 44
344N Information to be recorded in the register of
dangerous drugs for training. . . . . . . . . . . . . . . . . . . . 45
344O Restriction on release of information from register of
dangerous drugs for training. . . . . . . . . . . . . . . . . . . . 46
6 Amendment of s 349 (Protection from liability). . . . . . . . . . . . . . . 47
7 Replacement of ch 7A hdg (Transitional provisions for Criminal
Code (Drink Spiking) and Other Acts Amendment Act 2006) . . . 48
8 Insertion of new ch 7A, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Part 2 Transitional provisions for Corrective Services
and Other Legislation Amendment Act 2008
478C Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
478D Discrimination complaints not decided before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
478E Relevant money awarded after commencement . . . . 49
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Corrective Services and Other Legislation Amendment Bill 2008
Contents
478F Legal costs of victim claims brought before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
9 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 50
Part 3 Amendment of Drugs Misuse Act 1986
10 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
11 Amendment of s 125 (Prescribed persons permitted to receive
and dispose of dangerous drugs). . . . . . . . . . . . . . . . . . . . . . . . . 51
Part 4 Amendment of Health Act 1937
12 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
13 Replacement of pt 8 hdg (Transitional provisions for Health
Legislation Amendment Act 2001) . . . . . . . . . . . . . . . . . . . . . . . . 52
14 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 2 Transitional provision for Corrective Services
and Other Legislation Amendment Act 2008
186 Amendment of regulation by Corrective Services and
Other Legislation Amendment Act 2008 does not
affect powers of Governor in Council . . . . . . . . . . . . . 53
Part 5 Amendment of Health (Drugs and Poisons) Regulation 1996
15 Regulation amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
16 Amendment of s 271 (Prohibition on dispensing etc. regulated
poisons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Part 6 Amendment of Limitation of Actions Act 1974
17 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
18 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 54
19 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Part 7 Transitional provision
46 Transitional provision for Corrective Services and
Other Legislation Amendment Act 2008. . . . . . . . . . . 55
Page 4
2008
A Bill
for
An Act to amend the Corrective Services Act 2006, the Drugs
Misuse Act 1986, the Health Act 1937, the Health (Drugs and
Poisons) Regulation 1996 and the Limitation of Actions Act
1974 for particular purposes
Corrective Services and Other Legislation Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Corrective Services and Other 4
Legislation Amendment Act 2008. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Corrective 8
Services Act 2006 9
Clause 3 Act amended in pt 2 10
This part amends the Corrective Services Act 2006. 11
Clause 4 Insertion of new ch 6, pts 12A and 12B 12
Chapter 6-- 13
insert-- 14
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 4]
`Part 12A Discrimination complaints 1
`Division 1 Preliminary 2
`319A Definitions 3
`In this part-- 4
protected defendant means-- 5
(a) the State, but only in relation to a matter arising out of 6
the administration of this Act; or 7
(b) an engaged service provider; or 8
(c) a community service supervisor; or 9
(d) an entity employed or engaged under this Act whose 10
functions include rehabilitating offenders; or 11
(e) an entity that is joined in a proceeding about a 12
contravention of the Anti-Discrimination Act brought 13
by an offender against an entity mentioned in paragraph 14
(a), (b), (c), (d) or (f); or 15
(f) an individual employed or engaged by an entity 16
mentioned in paragraph (a), (b), (c), (d) or (e). 17
relevant person means a person mentioned in section 134(1) 18
or (3) of the Anti-Discrimination Act. 19
Editor's note-- 20
Anti-Discrimination Act, section 134 (Who may complain) 21
tribunal means the Anti-Discrimination Tribunal. 22
`319B Purpose of part and its achievement 23
`(1) The purpose of this part is to maintain a balance between-- 24
(a) the financial and other constraints to which protected 25
defendants are subject in their treatment of offenders; 26
and 27
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 4]
(b) the need to continue to respect offenders' dignity. 1
`(2) The purpose is achieved primarily by-- 2
(a) requiring offenders to use internal complaints 3
procedures provided by the department for complaining 4
about an alleged contravention of the 5
Anti-Discrimination Act before complaining under that 6
Act about a contravention; and 7
(b) modifying the Anti-Discrimination Act's application to 8
the treatment of offenders by protected defendants. 9
`319C Relationship with Anti-Discrimination Act 10
`This part applies despite the Anti-Discrimination Act. 11
`Division 2 Restrictions on complaints 12
`319D No property or interest in right of complaint 13
`(1) Nothing in this part prevents a relevant person complaining to 14
the anti-discrimination commissioner under the 15
Anti-Discrimination Act, section 134 about an alleged 16
contravention of that Act committed by a protected defendant 17
against an offender. 18
`(2) However, the offender has no property or interest in the right 19
of complaint. 20
`(3) Subsection (1) applies subject to sections 319E and 319F. 21
`319E Complaint to chief executive required first 22
`(1) A relevant person can not complain to the anti-discrimination 23
commissioner under the Anti-Discrimination Act, section 134 24
about an alleged contravention of that Act committed by a 25
protected defendant against an offender until-- 26
(a) if the offender was detained in a corrective services 27
facility when the alleged contravention happened--at 28
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 4]
least 4 months after the offender makes a written 1
complaint about the alleged contravention to the chief 2
executive at the corrective services facility where the 3
offender was detained; or 4
(b) if the offender was not detained in a corrective services 5
facility when the alleged contravention happened--at 6
least 4 months after the offender makes a written 7
complaint about the alleged contravention to the chief 8
executive at the probation and parole office where the 9
offender was required to report to a corrective services 10
officer. 11
`(2) However, subsection (1) does not apply if the offender is 12
notified in writing by the chief executive that the chief 13
executive has finished dealing with the offender's complaint. 14
`(3) Subsection (1)(a) applies subject to section 319F. 15
`319F Complaint to official visitor required first 16
`(1) This section applies in relation to an offender mentioned in 17
section 319E(1)(a) who is still detained in a corrective 18
services facility at the earlier of the following-- 19
(a) the day the offender is notified in writing by the chief 20
executive that the chief executive has finished dealing 21
with the offender's complaint under that section; 22
(b) the day that is 4 months after the offender makes a 23
written complaint to the chief executive under that 24
section. 25
`(2) A relevant person can not complain to the anti-discrimination 26
commissioner under the Anti-Discrimination Act, section 134 27
about an alleged contravention of that Act committed by a 28
protected defendant against the offender until at least 1 month 29
after the offender makes a written complaint under section 30
290(1) to an official visitor about the alleged contravention. 31
`(3) However, subsection (2) does not apply if the offender is 32
notified in writing by the official visitor that the official visitor 33
has finished dealing with the offender's complaint. 34
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 4]
`Division 3 Modifications 1
`319G When treatment of offender by protected defendant 2
is not direct discrimination 3
`(1) This section applies if a protected defendant treats, or 4
proposes to treat, an offender with an attribute less favourably 5
than another offender without the attribute in circumstances 6
that are the same or not materially different. 7
`(2) For the Anti-Discrimination Act, section 10 the protected 8
defendant does not directly discriminate against the offender 9
if the treatment, or proposed treatment, is reasonable. 10
`(3) In considering whether the treatment, or proposed treatment, 11
is reasonable, the tribunal must consider any relevant 12
submissions made about any of the following-- 13
(a) the security and good order of any corrective services 14
facility in which the offender was detained when the 15
protected defendant treated, or proposed to treat, the 16
offender less favourably; 17
(b) the cost to the protected defendant of providing 18
alternative treatment; 19
(c) the administrative and operational burden that providing 20
alternative treatment might place on the protected 21
defendant; 22
(d) the disruption to the protected defendant that providing 23
alternative treatment might cause; 24
(e) the budget constraints of the protected defendant; 25
(f) the resources constraints of the protected defendant; 26
(g) whether the treatment, or proposed treatment, 27
adequately meets the needs of the offender, 28
notwithstanding the availability of alternative treatment 29
that more ideally meets the needs of the offender; 30
(h) the need to respect offenders' dignity; 31
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 4]
(i) whether the treatment, or proposed treatment, unfairly 1
prejudices other offenders; 2
(j) any other matter the tribunal considers relevant. 3
`(4) In a case involving an allegation of direct discrimination by an 4
offender against a protected defendant, the protected 5
defendant must prove, on the balance of probabilities, that the 6
treatment, or proposed treatment, is reasonable. 7
`319H When term imposed on offender by protected 8
defendant is not indirect discrimination 9
`(1) This section applies if a protected defendant imposes, or 10
proposes to impose, a term-- 11
(a) with which an offender with an attribute does not or is 12
not able to comply; and 13
(b) with which a higher proportion of offenders without the 14
attribute comply or are able to comply. 15
`(2) In considering whether for the Anti-Discrimination Act, 16
section 11(1)(c) the term is reasonable, the tribunal must 17
consider any relevant submissions made about any of the 18
following-- 19
(a) the security and good order of any corrective services 20
facility in which the offender was detained when the 21
protected defendant imposed, or proposed to impose, 22
the term; 23
(b) the cost to the protected defendant of imposing an 24
alternative term; 25
(c) the administrative and operational burden that imposing 26
an alternative term might place on the protected 27
defendant; 28
(d) the disruption to the protected defendant that imposing 29
an alternative term might cause; 30
(e) the budget constraints of the protected defendant; 31
(f) the resources constraints of the protected defendant; 32
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 4]
(g) whether the imposing of, or proposal to impose, the 1
term adequately meets the needs of the offender, 2
notwithstanding the availability of an alternative term 3
that more ideally meets the needs of the offender; 4
(h) the need to respect offenders' dignity; 5
(i) whether the imposing of, or proposal to impose, the 6
term unfairly prejudices other offenders; 7
(j) any other matter the tribunal considers relevant. 8
`(3) In this section-- 9
term includes condition, requirement or practice, whether or 10
not written. 11
`319I Restrictions on tribunal compensation orders 12
`(1) This section applies if the tribunal decides a protected 13
defendant contravened the Anti-Discrimination Act in relation 14
to an offender. 15
`(2) The tribunal may make a compensation order only if it-- 16
(a) finds that the contravention happened because of an act 17
or omission done or made in bad faith; and 18
(b) considers that no non-compensatory order effectively 19
redresses the offender for the contravention. 20
`(3) If the tribunal decides to make a compensation order, it must 21
give the protected defendant and the offender written reasons 22
that no non-compensatory order effectively redresses the 23
offender for the contravention. 24
`(4) Also, if the tribunal decides to make a compensation order-- 25
(a) the tribunal can not require that payment of an amount 26
of compensation, or interest on an amount of 27
compensation, be paid directly to the offender; and 28
(b) the order has effect as an award of compensation only 29
for part 12B; and 30
(c) the offender has no property or interest in the 31
compensation. 32
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 4]
`(5) In this section-- 1
compensation order means an order under the 2
Anti-Discrimination Act, section 209(1)(b). 3
non-compensatory order means an order under the 4
Anti-Discrimination Act, section 209(1) other than a 5
compensation order. 6
`Part 12B Victim trust funds 7
`Division 1 Preliminary 8
`319J Definitions 9
`In this part-- 10
award of compensation, in relation to a person, means-- 11
(a) an amount of compensation (including any interest on 12
the amount), that has been finally decided, in relation to 13
the person under the Anti-Discrimination Act, section 14
209(1)(b) or (g) for a contravention of that Act 15
committed by a protected defendant while the person 16
was an offender; or 17
(b) an obligation to pay an amount of compensation in 18
relation to the person under an agreement between the 19
person and a protected defendant relating to a complaint 20
under the Anti-Discrimination Act about an alleged 21
contravention of that Act committed by the protected 22
defendant against the person while the person was an 23
offender. 24
award of damages, in relation to a person, means-- 25
(a) an award of damages (including any interest), that has 26
been finally decided, in relation to the person by a court 27
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 4]
for a civil wrong committed by a protected defendant 1
against the person while the person was an offender; or 2
(b) an obligation to pay damages in relation to the person 3
under an agreement between the person and a protected 4
defendant relating to a cause of action by the person 5
against the protected defendant for a civil wrong 6
committed by the protected defendant against the person 7
while the person was an offender. 8
child support registrar means the child support registrar 9
under the Child Support (Registration and Collection) Act 10
1988 (Cwlth), section 10. 11
collection entity means-- 12
(a) the chief executive of the department in which the 13
Criminal Offence Victims Act is administered; or 14
(b) the SPER registrar; or 15
(c) the child support registrar. 16
disbursements includes outlays. 17
eligible entity claim see section 319ZC(3). 18
eligible victim claim see section 319X(3). 19
entity claim see section 319Z. 20
finally decided, for an award of compensation or an award of 21
damages, means-- 22
(a) that the period for appealing against the award has 23
ended and no appeal has been made; or 24
(b) that all appeals against the award have been withdrawn 25
or finally decided. 26
legal costs means amounts that a person has been or may be 27
charged by, or is or may become liable to pay to, a law 28
practice for the provision of legal services including interest 29
on the amounts, and disbursements and interest on 30
disbursements. 31
potential claimant, for the chief executive, means a person 32
who, from documents held by the chief executive or made 33
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 4]
available to the chief executive under section 319U in relation 1
to offences committed or allegedly committed by the person 2
in relation to whom the relevant award was made, appears to 3
have a victim claim against the person in relation to whom the 4
relevant award was made. 5
relevant award, for a provision about a victim trust fund, 6
means the award of relevant money that forms the fund. 7
relevant money, awarded in relation to a person, means-- 8
(a) an award of damages in relation to the person against a 9
protected defendant; or 10
(b) an award of compensation in relation to the person 11
against a protected defendant. 12
SPER means the registry established under the State Penalties 13
Enforcement Act 1999, part 2. 14
SPER registrar means the registrar of SPER under the State 15
Penalties Enforcement Act 1999, section 10. 16
victim claim see section 319S(1). 17
victim trust fund means the following-- 18
(a) a victim trust fund mentioned in section 319N(2); 19
(b) in relation to relevant money--the victim trust fund 20
formed by the money. 21
`319K Relationship between divs 2 to 4 and div 5 22
`Divisions 2 to 4 are subject to division 5. 23
`Division 2 Restrictions on causes of action 24
and agreements 25
`319L No property or interest in causes of action 26
`(1) This section applies if a protected defendant commits a civil 27
wrong against a person while the person is an offender. 28
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 4]
`(2) The person may bring a proceeding in a court in relation to the 1
civil wrong. 2
`(3) However, the person has no property or interest in-- 3
(a) a cause of action for the civil wrong; or 4
(b) any relevant money awarded in a proceeding mentioned 5
in subsection (2). 6
`(4) If, in the proceeding, the person establishes the liability of the 7
protected defendant for the civil wrong, the court-- 8
(a) may order the protected defendant to pay damages for 9
harm or injury suffered by the person because of the 10
civil wrong; and 11
(b) must order that the damages be dealt with under this 12
part. 13
`(5) The Civil Liability Act 2003 and the Personal Injuries 14
Proceedings Act 2002 apply to the proceeding. 15
`319M No property or interest under agreements 16
`(1) This section applies if a protected defendant enters into an 17
agreement with a person about the liability of the protected 18
defendant to pay an amount of damages or compensation, 19
however described, in relation to a civil wrong committed by 20
the protected defendant against the person while the person 21
was an offender. 22
`(2) The agreement contains the following implied terms-- 23
(a) the damages or compensation that must be paid by the 24
protected defendant must be dealt with under this part; 25
(b) the person has no property or interest in the damages or 26
compensation. 27
`(3) An agreement between the protected defendant and the person 28
to deal with the amount of damages or compensation other 29
than as provided by this part is void. 30
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 4]
`(4) In this section-- 1
damages or compensation includes any interest payable on 2
the damages or compensation. 3
`Division 3 Establishment of victim trust fund 4
`319N Relevant money held in trust in a victim trust fund 5
`(1) Relevant money awarded in relation to a person-- 6
(a) is held in trust by the protected defendant liable to pay 7
the relevant money for the payment of the following-- 8
(i) any awards on eligible victim claims against the 9
person; 10
(ii) any amounts of eligible entity claims against the 11
person; and 12
(b) may be paid out only as allowed under this part. 13
`(2) Relevant money held by a protected defendant in trust under 14
this part forms a fund (a victim trust fund). 15
`(3) This section is subject to any Act of the State or the 16
Commonwealth requiring the protected defendant to pay the 17
relevant money to someone else. 18
Note-- 19
Section 319ZG also provides an exception to this section for medical 20
expenses. Section 319ZH provides an exception for legal costs. 21
`319O Chief executive to be notified of victim trust fund 22
`(1) This section applies to the following protected defendants 23
liable to pay an award of relevant money-- 24
(a) a protected defendant mentioned in section 319A, 25
definition protected defendant, paragraph (a) if the 26
protected defendant's liability to pay the award of 27
relevant money arose because of an act or omission of 28
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 4]
an individual who is not employed or engaged by the 1
department; 2
(b) a prescribed protected defendant. 3
`(2) The protected defendant must, as soon as reasonably 4
practicable but at least within 7 days after the relevant money 5
is awarded, give the chief executive a written notice stating-- 6
(a) the name of the person in relation to whom the award 7
was made; and 8
(b) the date the award was made; and 9
(c) the amount of the award; and 10
(d) the date the victim trust fund was transferred, or is 11
intended to be transferred, to the public trustee. 12
Maximum penalty for a prescribed protected defendant--2 13
penalty units. 14
`(3) In this section-- 15
prescribed protected defendant means-- 16
(a) a protected defendant mentioned in section 319A, 17
definition protected defendant, paragraph (b) to (e); or 18
(b) a protected defendant mentioned in section 319A, 19
definition protected defendant, paragraph (f) who is an 20
individual employed or engaged by a protected 21
defendant mentioned in paragraph (a). 22
`319P Victim trust fund to be transferred to public trustee 23
`(1) A protected defendant liable to pay an award of relevant 24
money must transfer the victim trust fund to the public trustee 25
within 1 month after the award is made. 26
Maximum penalty for a prescribed protected defendant--2 27
penalty units. 28
`(2) The public trustee must-- 29
(a) hold the victim trust fund under this part; and 30
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(b) pay an amount out of the victim trust fund only as 1
allowed under this part. 2
`(3) Interest or other money received or realised on the investment 3
of the victim trust fund is payable to and forms part of the 4
victim trust fund. 5
`(4) In this section-- 6
prescribed protected defendant means-- 7
(a) a protected defendant mentioned in section 319A, 8
definition protected defendant, paragraph (b) to (e); or 9
(b) a protected defendant mentioned in section 319A, 10
definition protected defendant, paragraph (f) who is an 11
individual employed or engaged by a protected 12
defendant mentioned in paragraph (a). 13
`319Q Discharge of protected defendant 14
`(1) The public trustee must give the protected defendant a receipt 15
for a victim trust fund transferred to the public trustee under 16
section 319P. 17
`(2) The receipt is sufficient discharge to the protected defendant 18
as to the victim trust fund and on receiving the receipt, the 19
protected defendant is not liable or accountable for the victim 20
trust fund or liable for the application, distribution or 21
appropriation of the victim trust fund. 22
`(3) If the protected defendant is not the State, the protected 23
defendant must give a copy of the receipt to the chief 24
executive. 25
`319R Relevant money to form a separate victim trust fund 26
`(1) If relevant money is awarded in relation to a person more than 27
once, each award forms a separate victim trust fund. 28
`(2) This part must be complied with for each of the victim trust 29
funds. 30
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Example-- 1
If relevant money is awarded in relation to a person on 1 January and 1 2
October, the relevant money awarded on each occasion forms a separate 3
victim trust fund. The notification requirements under section 319T 4
must be complied with for each of the funds. 5
`Division 4 Distribution of victim trust fund 6
`Subdivision 1 Victim claims 7
`319S What is a victim claim 8
`(1) A person has a claim (a victim claim) against someone else 9
(the relevant person) if the person has a cause of action 10
against the relevant person for an injury to the person caused 11
by the conduct of the relevant person that, on the balance of 12
probabilities, constitutes an offence. 13
`(2) Subsection (1) applies-- 14
(a) whether or not the relevant person is prosecuted for, or 15
convicted of, an offence in relation to the conduct; and 16
(b) even if the relevant person is found to have been 17
suffering from unsoundness of mind in relation to the 18
conduct, or unfit for trial, under the Mental Health Act 19
2000, chapter 7, part 6. 20
`(3) In this section-- 21
injury includes fatal injury. 22
Editor's note-- 23
See the Succession Act 1981, section 66 (Survival of actions). 24
`319T Notice to potential claimants 25
`(1) The chief executive must, within 1 month after relevant 26
money is awarded in relation to a person (the relevant 27
person), give each potential claimant a written notice 28
stating-- 29
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(a) the name of the relevant person; and 1
(b) that there is a victim trust fund; and 2
(c) that the potential claimant may have a victim claim 3
against the relevant person and that the victim claim 4
may be payable from the victim trust fund; and 5
(d) the period within which the potential claimant must start 6
a proceeding in a court on a victim claim to have an 7
eligible victim claim against the relevant person; and 8
(e) the other steps the potential claimant must take for the 9
potential claimant to have an eligible victim claim 10
against the relevant person. 11
`(2) The chief executive is taken to have complied with subsection 12
(1) if the chief executive-- 13
(a) gives a written notice to each potential claimant at the 14
address of the potential claimant last known to the chief 15
executive; or 16
(b) publishes a notice in the gazette containing the 17
information mentioned in subsection (1). 18
`319U Identification of potential claimants 19
`(1) The chief executive may consult with the following persons 20
for the purpose of identifying potential claimants for a victim 21
trust fund-- 22
(a) the commissioner of the police service; 23
(b) the director of public prosecutions; 24
(c) the chief executive of the department in which the 25
Criminal Offence Victims Act is administered. 26
`(2) The disclosure of information by the director of public 27
prosecutions for the purpose mentioned in subsection (1) is a 28
disclosure under an Act for the Director of Public 29
Prosecutions Act 1984, section 24A. 30
`(3) The disclosure of information by the commissioner of the 31
police service for the purpose mentioned in subsection (1) is 32
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an authorised or permitted disclosure under an Act for the 1
Police Service Administration Act 1990, section 10.1. 2
`(4) The disclosure of information by the chief executive of the 3
department in which the Criminal Offence Victims Act is 4
administered for the purpose mentioned in subsection (1) is 5
authorised despite any other Act or law. 6
`(5) If the chief executive is satisfied there are no potential 7
claimants for a victim trust fund, the chief executive must, as 8
soon as reasonably practicable after being so satisfied, give 9
written notice of that fact to the public trustee. 10
`319V Giving of information to potential claimants 11
`(1) The chief executive must, in response to a request made by a 12
potential claimant and as soon as reasonably practicable after 13
the request is received, give the potential claimant the 14
information the chief executive is reasonably able to give 15
about-- 16
(a) the relevant award; and 17
(b) the amount of the victim trust fund; and 18
(c) any other victim claims against the person in relation to 19
whom the relevant money was awarded that may be 20
payable from the victim trust fund and of which the 21
chief executive has been given notice under section 22
319X(5). 23
`(2) The giving of information under subsection (1)-- 24
(a) is allowed despite an agreement to which the protected 25
defendant liable to pay the relevant award is a party that 26
would otherwise prohibit or restrict the disclosure of 27
information about the relevant award; and 28
(b) is not a contravention of the agreement. 29
`(3) However, the giving of information under subsection (1) must 30
not include the giving of someone else's personal information, 31
unless that person has given written consent to its giving. 32
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`(4) A potential claimant to whom information is given under 1
subsection (1) must not disclose the information to someone 2
else other than-- 3
(a) for the purpose of obtaining legal advice or 4
representation, or for a proceeding, relating to a victim 5
claim by the potential claimant against the person in 6
relation to whom the relevant money was awarded; or 7
(b) as required by law; or 8
(c) for information that is personal information of someone 9
else--with the consent of that person. 10
Maximum penalty--50 penalty units. 11
`(5) In this section-- 12
personal information, of a person, means the person's name 13
and address, or other information that may identify the person. 14
`319W Starting of victim claims proceedings despite expiry 15
of limitation period 16
`(1) If relevant money is awarded in relation to a person (the 17
relevant person), an action on a victim claim against the 18
relevant person may be brought-- 19
(a) by a proceeding started within 6 months after the 20
relevant money is awarded; and 21
(b) despite the Limitation of Actions Act 1974, section 11. 22
Note-- 23
See section 478E about the application of this part to civil wrongs 24
committed before the commencement of that section. 25
`(2) However, an award of damages in a proceeding brought under 26
this section-- 27
(a) has effect only to allow the payment under section 319Y 28
of all or part of those damages out of the victim trust 29
fund; and 30
(b) can not otherwise be enforced against the relevant 31
person or the relevant person's property. 32
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`319X Notifying victim claims 1
`(1) This section applies if a person has a victim claim against 2
someone else in relation to whom relevant money was 3
awarded (the relevant person) and the person either-- 4
(a) started a proceeding in a court on the claim against the 5
relevant person before the award was made; or 6
Example for paragraph (a)-- 7
The person started a proceeding in a court on a claim for 8
personal injury against an offender 5 years before the award of 9
offender money in relation to the offender. 10
(b) starts a proceeding in a court on the claim against the 11
relevant person within 6 months after the award is made. 12
`(2) The person may notify the public trustee of the victim claim 13
by giving the public trustee-- 14
(a) written notice of the proceeding within 6 months after 15
the relevant money is awarded; and 16
(b) the further details of the proceeding or any award of 17
damages made in relation to the victim claim, if any, that 18
are reasonably requested by the public trustee to enable 19
the public trustee to perform its functions under this 20
part. 21
`(3) A victim claim notified to the public trustee as mentioned in 22
subsection (2) is an eligible victim claim. 23
`(4) The public trustee may reject a victim claim if the person fails 24
to comply with a request for further details under subsection 25
(2)(b) without reasonable excuse. 26
`(5) The public trustee must give a copy of the written notice or the 27
further details received under subsection (2) to the chief 28
executive within 7 days after receiving the notice or the 29
details. 30
`(6) In this section-- 31
written notice, of a proceeding, means-- 32
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(a) a certified copy of the notice given under the Personal 1
Injuries Proceedings Act 2002, section 9 for the 2
proceeding; or 3
(b) other written evidence of the proceeding that satisfies 4
the public trustee that the proceeding has been started. 5
`319Y Payment of eligible victim claims from victim trust 6
fund 7
`(1) The public trustee must pay from a victim trust fund any 8
award on an eligible victim claim against the person in 9
relation to whom the relevant award was made (the relevant 10
person). 11
Note-- 12
See also section 319ZK. 13
`(2) The payment must be made as soon as practicable after all 14
proceedings on eligible victim claims against the relevant 15
person started before the cut-off day have been finally 16
decided. 17
`(3) For subsection (2), a proceeding on an eligible victim claim 18
against the relevant person is taken to have been finally 19
decided if the public trustee is satisfied that-- 20
(a) the period for appealing against a decision awarding 21
damages made by a court in the proceeding has ended 22
and no appeal has been made; or 23
(b) all appeals against a decision awarding damages made 24
by a court in the proceeding have been withdrawn or 25
finally decided; or 26
(c) no step has been taken in the proceeding for 1 year from 27
when the last step was taken in the proceeding; or 28
(d) the proceeding has been discontinued. 29
`(4) If the amount of the victim trust fund is not enough to pay all 30
of the awards on eligible victim claims against the relevant 31
person, the public trustee must pay each award 32
proportionately. 33
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`(5) Subject to an Act providing for the holding of moneys on trust 1
for a person under a legal disability, the payments must be 2
made-- 3
(a) to the person named in the award; and 4
(b) to the extent that the award has not been satisfied by 5
someone else. 6
`(6) An award on an eligible victim claim against the relevant 7
person, to the extent of any payment of the award under this 8
section-- 9
(a) is discharged; and 10
(b) can not be enforced against the relevant person or any 11
other person. 12
`(7) In this section-- 13
award, on an eligible victim claim against a relevant person, 14
means-- 15
(a) an award of damages, that has been finally decided, to a 16
person by a court in a proceeding on the eligible victim 17
claim by the person against the relevant person; or 18
(b) an award of damages to a person under an agreement 19
between the person and the relevant person relating to 20
an eligible victim claim by the person against the 21
relevant person. 22
cut-off day, for starting a proceeding on an eligible victim 23
claim against the relevant person, means the day after the last 24
day on which a proceeding may be started for section 25
319X(1)(b). 26
`Subdivision 2 Entity claims 27
`319Z What is an entity claim 28
`(1) The chief executive of the department in which the Criminal 29
Offence Victims Act is administered has, for the State, a claim 30
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(an entity claim) against a person in relation to whom relevant 1
money is awarded (the relevant person) if-- 2
(a) the State has paid an amount under-- 3
(i) the Criminal Offence Victims Act, section 32, for a 4
compensation order made against the relevant 5
person; or 6
(ii) the Criminal Offence Victims Act, section 33, in 7
relation to an act committed by the relevant person; 8
or 9
(iii) the Criminal Offence Victims Act, section 34, in 10
relation to-- 11
(A) an arrest, or attempted arrest, of the relevant 12
person; or 13
(B) a prevention, or attempted prevention, of an 14
offence or suspected offence committed by 15
the relevant person; or 16
(iv) the Criminal Offence Victims Act, section 35, for 17
an offence of murder or manslaughter committed 18
by the relevant person; or 19
(v) the Criminal Code, chapter 65A, section 663C, as 20
in force from time to time before its repeal and as 21
applied by the Criminal Offence Victims Act, 22
section 46(2) in relation to an indictable offence 23
committed by the relevant person; or 24
(vi) the Criminal Code, chapter 65A, section 663D, as 25
in force from time to time before its repeal and as 26
applied by the Criminal Offence Victims Act, 27
section 46(2) in relation to-- 28
(A) an arrest, or attempted arrest, of the relevant 29
person; or 30
(B) a prevention, or attempted prevention, of an 31
offence or suspected offence committed by 32
the relevant person; or 33
(C) an act or omission of the relevant person; or 34
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(D) an indictable offence allegedly committed by 1
the relevant person; and 2
(b) the State has not recovered the amount in full from any 3
person. 4
`(2) The SPER registrar has a claim (also an entity claim) against a 5
person in relation to whom relevant money is awarded (the 6
relevant person) if-- 7
(a) an amount is payable by the relevant person to SPER 8
under the State Penalties Enforcement Act 1999 or 9
another Act; and 10
(b) SPER has not recovered the amount in full from any 11
person. 12
`(3) The child support registrar has a claim (also an entity claim) 13
against a person in relation to whom relevant money is 14
awarded (the relevant person) if-- 15
(a) the relevant person owes a child support debt to the 16
Commonwealth; and 17
(b) the Commonwealth has not recovered the debt in full 18
from any person. 19
`(4) In this section-- 20
child support debt means-- 21
(a) an amount that is a debt due to the Commonwealth 22
under the Child Support (Registration and Collection) 23
Act 1988 (Cwlth), section 30; or 24
(b) any amount payable as a penalty on an amount 25
mentioned in paragraph (a) under the Child Support 26
(Registration and Collection) Act 1988 (Cwlth), section 27
67. 28
Note-- 29
The chief executive of the department in which the Criminal Offence 30
Victims Act is administered, the SPER registrar and the child support 31
registrar are all collection entities for this part. See section 319J. 32
compensation order see Criminal Offence Victims Act, 33
section 24(3). 34
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`319ZA Notice to collection entities of establishment of victim 1
trust fund 2
`The chief executive must, within 1 month after relevant 3
money is awarded in relation to a person (the relevant 4
person), give each collection entity a written notice stating-- 5
(a) the name of the relevant person; and 6
(b) that there is a victim trust fund; and 7
(c) that the collection entity may have an entity claim 8
against the relevant person and that the claim may be 9
payable from the victim trust fund; and 10
(d) that the public trustee will notify the collection entity 11
under section 319ZB if there is an amount left in the 12
victim trust fund available for paying eligible entity 13
claims. 14
`319ZB Notice to collection entities if amount left in victim 15
trust fund 16
`(1) The public trustee must work out the amount, if any, left in a 17
victim trust fund that is available under section 319ZD for 18
paying eligible entity claims at the following time-- 19
(a) generally--within 1 month after paying under section 20
319Y all awards made on eligible victim claims; 21
(b) if the public trustee has received a notice from the chief 22
executive under section 319U(5)--within 1 month after 23
receiving the notice. 24
`(2) If there is an amount left in the victim trust fund that is 25
available under section 319ZD for paying eligible entity 26
claims, the public trustee must, within 1 month after working 27
out the amount, give each collection entity a written notice 28
stating-- 29
(a) the name of the person in relation to whom relevant 30
money was awarded (the relevant person); and 31
(b) the amount left in the victim trust fund; and 32
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(c) that the collection entity may have an entity claim 1
against the relevant person and that the claim may be 2
payable from the victim trust fund; and 3
(d) the period within which the collection entity must notify 4
an amount of an entity claim to the public trustee to have 5
an eligible entity claim against the relevant person; and 6
(e) the other steps the collection entity must take for the 7
collection entity to have an eligible entity claim against 8
the relevant person. 9
`319ZC Notifying entity claims 10
`(1) This section applies if a collection entity has an entity claim 11
against a person in relation to whom relevant money was 12
awarded (the relevant person). 13
`(2) The collection entity may notify the public trustee of the 14
entity claim by giving the public trustee-- 15
(a) written notice of the amount of the entity claim within 1 16
month after the collection entity is notified under section 17
319ZB(2); and 18
(b) evidence of the entity claim that reasonably satisfies the 19
public trustee that-- 20
(i) the relevant person is liable for the entity claim; 21
and 22
(ii) the amount notified is accurate. 23
`(3) An entity claim notified to the public trustee as mentioned in 24
subsection (2) is an eligible entity claim. 25
`(4) The public trustee may reject an entity claim if the collection 26
entity fails to comply with a request for evidence under 27
subsection (2)(b) without reasonable excuse. 28
`(5) The public trustee must give a copy of the written notice or the 29
evidence received under subsection (2) to the chief executive 30
within 7 days after receiving the notice or the evidence. 31
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`319ZD Payment of eligible entity claims from victim trust fund 1
`(1) The public trustee must pay from the amount left in a victim 2
trust fund, after paying under section 319Y all awards made 3
on eligible victim claims in relation to the victim trust fund, 4
the amount of any eligible entity claim against the person in 5
relation to whom relevant money was awarded (the relevant 6
person). 7
Note-- 8
See also section 319ZK. 9
`(2) The payment must be made within 2 months after giving 10
notice under section 319ZB(2). 11
`(3) The public trustee must pay the amount of any eligible entity 12
claims in the following order to the extent of the amount left 13
in the victim trust fund-- 14
(a) eligible entity claims notified by the chief executive of 15
the department in which the Criminal Offence Victims 16
Act is administered; 17
(b) eligible entity claims notified by the SPER registrar; 18
(c) eligible entity claims notified by the child support 19
registrar. 20
`(4) An eligible entity claim, to the extent of any payment of an 21
amount of the claim under this section-- 22
(a) is discharged; and 23
(b) can not be enforced against the relevant person or any 24
other person. 25
`Subdivision 3 Payments to offender 26
`319ZE Payment to offender of victim trust fund surplus 27
`(1) The public trustee must, within 1 month after complying with 28
319ZD in relation to a victim trust fund, work out the amount, 29
if any, left in the victim trust fund. 30
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`(2) If there is an amount left in the victim trust fund, the public 1
trustee must, within 1 month after working out the amount-- 2
(a) if the person in relation to whom the relevant money was 3
awarded is a prisoner--pay the amount to the chief 4
executive for payment into the person's account in the 5
prisoners trust fund under section 311; or 6
(b) if the person in relation to whom the relevant money was 7
awarded is not a prisoner--pay the amount to or at the 8
direction of the person. 9
Note-- 10
See also section 319ZK. 11
`319ZF Payment to offender if no victim claims or entity 12
claims against offender 13
`(1) This section applies if the public trustee is not notified under 14
section 319ZC of the amount of any entity claim in relation to 15
a victim trust fund. 16
`(2) The public trustee must pay the amount of the victim trust 17
fund to the person in relation to whom the relevant money was 18
awarded within 2 months after giving notice under section 19
319ZB(2). 20
Note-- 21
See also section 319ZK. 22
`Division 5 Amounts not included in victim 23
trust fund 24
`319ZG Exception for future medical expenses 25
`Divisions 2 to 4 do not apply to an amount that is identified 26
in an award of relevant money or an agreement about relevant 27
money as being payable by a protected defendant as damages 28
for future medical expenses. 29
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`319ZH Exception for legal costs 1
`(1) Divisions 2 to 4 do not apply to an amount that is payable by a 2
protected defendant as legal costs-- 3
(a) under an order for costs made by a court or tribunal 4
against the protected defendant; or 5
(b) under an agreement about relevant money between the 6
protected defendant and the person in relation to whom 7
the relevant money was awarded (the relevant person); 8
or 9
(c) for an award of relevant money against the protected 10
defendant that is inclusive of costs, that is reasonably 11
attributable to the legal costs of the relevant person. 12
`(2) The amount reasonably attributable to the legal costs 13
mentioned in subsection (1)(c) is the reasonable amount-- 14
(a) decided by the protected defendant on the basis of a bill 15
for the costs given to the protected defendant by the 16
legal practitioner concerned; and 17
(b) notified by the protected defendant to the relevant 18
person. 19
`(3) If the relevant person, by written notice to the protected 20
defendant, disputes the protected defendant's decision, the 21
protected defendant must apply for the assessment of the costs 22
under the Legal Profession Act 2007. 23
`(4) The assessment must be conducted as if the protected 24
defendant were liable to pay the costs as a result of an order 25
for the payment of an unstated amount of costs made by a 26
court. 27
`(5) The costs of the assessment are payable-- 28
(a) if the amount of costs fixed by the costs assessor is at 29
least 10% more than the amount decided by the 30
protected defendant--by the protected defendant; or 31
(b) otherwise--from the victim trust fund, in priority to all 32
other payments from the fund. 33
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`319ZI Orders in relation to relevant money 1
`(1) This section applies if a court or tribunal makes an award of 2
compensation or an award of damages in relation to a person. 3
`(2) The court or tribunal must make all necessary orders to ensure 4
that an amount mentioned in section 319ZG or 319ZH is not 5
held in a victim trust fund. 6
`319ZJ Agreements in relation to relevant money 7
`(1) This section applies if a protected defendant enters into an 8
agreement about relevant money with the person in relation to 9
whom the relevant money was awarded. 10
`(2) The agreement contains an implied term that an amount 11
mentioned in section 319ZG or 319ZH is not held in a victim 12
trust fund. 13
`Division 6 Miscellaneous 14
`319ZK Amounts payable to public trustee for performance 15
of functions 16
`(1) This section applies to any amounts payable under the Public 17
Trustee Act 1978 from a victim trust fund to the public trustee 18
for the performance of its functions under this part. 19
`(2) The amounts must be paid to the public trustee from the 20
victim trust fund before paying any of the following amounts 21
under this part-- 22
(a) an award on an eligible victim claim under section 23
319Y; 24
(b) an amount of an eligible entity claim under section 25
319ZD; 26
(c) an amount payable to an offender under section 319ZE 27
or 319ZF. 28
Note-- 29
See section 319ZH(5)(b). 30
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`319ZL Maximum legal costs of victim claims 1
`(1) The maximum amount of legal costs, inclusive of GST, that a 2
legal practitioner may charge and recover from a client for 3
work done relating to a victim claim that may be payable from 4
a victim trust fund is-- 5
(a) if the amount recovered on the claim is $100000 or 6
less--20% of the amount recovered or $10000 7
whichever is greater; or 8
(b) if the amount recovered on the claim is more than 9
$100000 but not more than $250000--18% of the 10
amount recovered or $20000 whichever is greater; or 11
(c) if the amount recovered on the claim is more than 12
$250000 but not more than $500000--16% of the 13
amount recovered or $45000 whichever is greater; or 14
(d) if the amount recovered on the claim is more than 15
$500000--15% of the amount recovered or $80000 16
whichever is greater. 17
`(2) This section applies despite any other Act providing for the 18
assessment or payment of legal costs. 19
`(3) In this section-- 20
amount recovered, on a claim, means the full amount of the 21
damages awarded and not just the amount of the award paid 22
from a victim trust fund.'. 23
Clause 5 Insertion of new ch 6, pt 13A 24
Chapter 6-- 25
insert-- 26
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`Part 13A Use of dangerous drugs for 1
training 2
`Division 1 Preliminary 3
`344A Object of pt 13A 4
`(1) The object of this part is to ensure training in the department 5
about dangerous drugs is realistic and effective. 6
`(2) The object is to be achieved by putting in place 7
arrangements-- 8
(a) to allow the department to have access to dangerous 9
drugs for training purposes; and 10
(b) to ensure dangerous drugs in the possession of the 11
department for training purposes-- 12
(i) are carefully handled to ensure their effectiveness 13
for training purposes is not compromised; and 14
(ii) are subject to strict tracking and accountability 15
requirements. 16
`344B Definitions for pt 13A 17
`In this part-- 18
agency arrangement means an arrangement, or series of 19
arrangements, between the chief executive and the chief 20
executive officer, by whatever name known, of a department 21
or other agency of the State or the Commonwealth (the other 22
agency) providing for the following-- 23
(a) the transfer of possession of a batch of a dangerous drug 24
from the possession of the other agency into the 25
possession of the department; 26
(b) that the batch of the dangerous drug is to be used for 27
training in the department; 28
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(c) the type and extent of the training for which the batch of 1
the dangerous drug is to be used; 2
(d) what is to be done with the batch of the dangerous drug 3
at the end of the training; 4
(e) anything else the parties to the arrangement consider 5
appropriate. 6
Example of an agency arrangement made up of a series of 7
arrangements-- 8
A first arrangement between the chief executive and an agency could 9
establish basic principles to govern the supply of dangerous drugs to the 10
chief executive for training purposes. A second arrangement between 11
the chief executive and the agency could establish particular procedures 12
to be followed for transferring particular types of dangerous drugs 13
between the department and the agency subject to the basic principles 14
established in the first arrangement. A third arrangement between the 15
chief executive and the agency could provide for the special 16
circumstances applying to a batch of 1 of the particular types of 17
dangerous drugs mentioned in the second arrangement. For the batch 18
mentioned in the third arrangement, the agency arrangement may be 19
ascertained from a reading of all 3 arrangements. 20
dangerous drug see the Drugs Misuse Act 1986, section 4. 21
drug control direction means a direction of the chief 22
executive-- 23
(a) authorising-- 24
(i) the keeping of a batch of a dangerous drug; and 25
(ii) the use of the batch in training in the department; 26
and 27
(b) stating the conditions under which the keeping and use 28
of the batch of the dangerous drug is authorised. 29
drug control officer means a person holding an appointment 30
under division 2 as a drug control officer. 31
drug vault means a secure facility suitable for the storage of 32
dangerous drugs in the possession of the department for 33
training purposes under the authority of a drug control 34
direction. 35
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 5]
register of dangerous drugs for training means the register of 1
dangerous drugs for training kept under section 344M. 2
secure facility means a facility that is secure against 3
unauthorised entry. 4
`Division 2 Drug control officers 5
`344C Appointment and qualifications 6
`(1) The chief executive may appoint a corrective services officer 7
as a drug control officer. 8
`(2) However, the chief executive may appoint a corrective 9
services officer as a drug control officer only if-- 10
(a) the chief executive is satisfied the officer is qualified for 11
appointment because the officer has the necessary 12
expertise or experience; or 13
(b) the officer has satisfactorily finished training approved 14
by the chief executive. 15
`344D Appointment conditions 16
`(1) A drug control officer holds office on any conditions stated 17
in-- 18
(a) the drug control officer's instrument of appointment; or 19
(b) a signed notice given to the drug control officer; or 20
(c) a regulation. 21
`(2) The instrument of appointment, a signed notice given to the 22
drug control officer or a regulation may limit the drug control 23
officer's powers under this part. 24
`(3) In this section-- 25
signed notice means a notice signed by the chief executive. 26
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 5]
`344E Issue of identity card 1
`(1) The chief executive must issue an identity card to each drug 2
control officer. 3
`(2) The identity card must-- 4
(a) contain a recent photo of the drug control officer; and 5
(b) contain a copy of the drug control officer's signature; 6
and 7
(c) identify the person as a drug control officer under this 8
part; and 9
(d) state an expiry date for the card. 10
`(3) This section does not prevent the issue of a single identity 11
card to a person for this Act and for other purposes. 12
`344F Resignation 13
`A drug control officer may resign by signed notice given to 14
the chief executive. 15
`344G Return of identity card 16
`A person who ceases to be a drug control officer must return 17
the person's identity card to the chief executive within 21 days 18
after ceasing to be a drug control officer unless the person has 19
a reasonable excuse. 20
Maximum penalty--40 penalty units. 21
`344H Function and powers of drug control officer 22
`(1) A drug control officer has the function of administering and 23
controlling, as required under this part and the conditions on 24
which the drug control officer holds office, the following-- 25
(a) the receiving into the possession of the department of 26
batches of dangerous drugs to be used for training 27
purposes (the batches); 28
(b) the storage of the batches; 29
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 5]
(c) the movement in and out of storage, for the purposes of 1
training, of the batches or parts of the batches; 2
(d) how the batches leave the possession of the department. 3
`(2) A drug control officer has power, within the department, to do 4
all things necessary to be done for the performance of the drug 5
control officer's function. 6
`Division 3 Keeping and use of dangerous 7
drugs for training 8
`344I Keeping dangerous drug for use in department 9
training 10
`A batch of a dangerous drug may lawfully be kept in the 11
possession of the department and used for training in the 12
department if-- 13
(a) the keeping of the batch, and its use for training in the 14
department, is authorised under a drug control direction; 15
and 16
(b) the batch is kept, and used for training, in accordance 17
with the conditions included in the drug control 18
direction. 19
`344J Making drug control direction 20
`(1) The chief executive may make a drug control direction for a 21
batch of a dangerous drug. 22
`(2) The chief executive may make a drug control direction for a 23
batch of a dangerous drug only if the batch comes into the 24
possession of the department under an agency arrangement. 25
`(3) The conditions included in the drug control direction must 26
include the following conditions-- 27
(a) a condition that the batch must be used only for the 28
training purposes stated in the condition; 29
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 5]
Example of training purposes-- 1
training corrective services dogs to detect the presence of 2
dangerous drugs in various situations 3
(b) a condition that the training for which the batch is used 4
must be of the type, and of the extent, stated in the 5
condition; 6
(c) a condition that the whole of the batch must at all 7
times-- 8
(i) be under the effective control of a drug control 9
officer or 1 or more of the corrective services 10
officers identified in the condition; or 11
(ii) be kept securely in a way stated in the condition; 12
(d) a condition that, as soon as practicable after the batch is 13
used for training purposes for the last time, the batch 14
must be destroyed or disposed of in the way stated in the 15
condition. 16
`(4) Subsection (3) does not limit the conditions that may be 17
included in the drug control direction. 18
`(5) The chief executive must ensure that the department complies 19
with the conditions included in the drug control direction. 20
`344K Entering into agency arrangement 21
`(1) The chief executive may enter into an agency arrangement. 22
`(2) The chief executive may enter into an agency arrangement 23
only if the department or other agency, whose chief executive 24
officer is the other party to the arrangement, is authorised to 25
possess the batch of the dangerous drug the subject of the 26
arrangement. 27
`(3) The chief executive must ensure the department complies with 28
the agency arrangement. 29
Page 41
Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 5]
`344L Requirements for keeping of dangerous drugs for 1
training purposes 2
`(1) The following requirements apply for the department's 3
possession of dangerous drugs for training purposes-- 4
(a) each batch of a dangerous drug must be stored in a drug 5
vault; 6
(b) when a batch of a dangerous drug is received into a drug 7
vault for storage for the first time, it must be 8
accompanied by a document certifying, in a way 9
approved by the chief executive, the weight and purity 10
of the batch; 11
(c) a drug vault must not be used for storing a dangerous 12
drug that is in the possession of the department other 13
than for training purposes; 14
(d) a drug vault must be designed and constructed for 15
ensuring, to the greatest practicable extent, that each 16
batch of a dangerous drug stored in it keeps its level of 17
effectiveness for training purposes; 18
(e) a drug vault must include enough separate storage to 19
ensure that no batch of a dangerous drug stored in the 20
vault can be contaminated by another batch, or can 21
otherwise be made ineffective or less effective for 22
training purposes; 23
(f) the whole of a batch of a dangerous drug must be stored 24
in a drug vault at all times, except to the extent the 25
batch, or a part of the batch, is required to be held 26
somewhere else for training purposes; 27
(g) an audit of each drug vault must be conducted at least 28
once every 3 months by a corrective services officer not 29
otherwise directly associated with the keeping or use of 30
dangerous drugs for training purposes; 31
(h) when a batch of a dangerous drug leaves a drug vault for 32
the last time-- 33
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Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 5]
(i) it must be accompanied by a document certifying, 1
in a way approved by the chief executive, the 2
weight and purity of the batch; and 3
(ii) a copy of the document mentioned in subparagraph 4
(i) must be kept at the drug vault or at another 5
place the chief executive directs. 6
`(2) Without limiting the scope of an audit under subsection (1)(g), 7
the audit must include-- 8
(a) weighing each batch of dangerous drugs in the drug 9
vault to find out whether all quantities of dangerous 10
drugs that should be in the drug vault at the time of the 11
audit are in the vault; and 12
(b) finding out whether the drug vault is storing any 13
dangerous drugs, or anything else, that should not be 14
stored in the drug vault; and 15
(c) finding out whether, and to what extent, the purity of 16
any batch of a dangerous drug stored at the drug vault 17
has been adversely affected since it was received into 18
the drug vault; and 19
(d) a review of the register of dangerous drugs for training. 20
`(3) Without limiting the requirements for an audit under 21
subsection (1)(g), requirements for the audit include the 22
following-- 23
(a) the performance of the audit must be supervised by a 24
corrective services officer who is-- 25
(i) authorised by the chief executive to supervise the 26
performance of the audit; and 27
(ii) not otherwise directly associated with the keeping 28
or use of dangerous drugs for training purposes; 29
(b) all batches of dangerous drugs stored in the drug vault 30
must be the subject of analysis by an analyst under the 31
Drugs Misuse Act 1986; 32
(c) the accuracy of the scales used in measuring the weights 33
of batches of dangerous drugs stored in the drug vault 34
Page 43
Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 5]
must be certified in a way approved by the chief 1
executive. 2
`Division 4 Register of dangerous drugs for 3
training 4
`344M Register of dangerous drugs for training 5
`(1) The chief executive must keep a register of dangerous drugs 6
for training. 7
`(2) The register may form part of another register whether kept 8
under this or another Act. 9
`(3) The chief executive-- 10
(a) subject to subsection (4), may keep the register of 11
dangerous drugs for training in the way the chief 12
executive considers appropriate; and 13
Example for paragraph (a)-- 14
The register may be kept on a computer or partly on a computer 15
and partly in written form. 16
(b) must ensure the register is kept in a secure place. 17
`(4) The register of dangerous drugs for training must be kept in a 18
way that, to the greatest practicable extent, enables a drug 19
control officer, or a corrective services officer performing a 20
lawful function associated with the keeping of dangerous 21
drugs in the possession of the department under this Act, 22
whether or not under this part, to comply with this Act's 23
requirements. 24
`(5) Unless the chief executive otherwise authorises, an entry in 25
the register of dangerous drugs for training may only be made 26
by a drug control officer who is authorised, under the 27
conditions on which the drug control officer holds office, to 28
make the entry. 29
`(6) If the chief executive gives a direction under this division 30
restricting access to information included in the register of 31
dangerous drugs for training, a drug control officer authorised 32
Page 44
Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 5]
to record the information in the register must ensure the 1
information is recorded in a way that, to the greatest 2
practicable extent, stops disclosure of the information to a 3
person not authorised to have access to it. 4
`344N Information to be recorded in the register of 5
dangerous drugs for training 6
`(1) The following information must be recorded in the register of 7
dangerous drugs for training about each batch of a dangerous 8
drug coming into the possession of the department to be used 9
for training purposes-- 10
(a) the name of the dangerous drug; 11
(b) a description of the batch; 12
(c) the weight, in grams, of the batch; 13
(d) a description of any container or packaging, and of any 14
other item, used for conveying the batch into the 15
possession of the department; 16
(e) the weight, in grams, of any container or packaging, and 17
of any other item, used for conveying the batch into the 18
possession of the department; 19
(f) when the batch was received into the possession of the 20
department; 21
(g) the purity of the batch, and details of the certification of 22
the purity; 23
(h) a description of the circumstances in which the batch 24
came into the possession of the department. 25
`(2) The following information must be recorded in the register of 26
dangerous drugs for training about each batch of a dangerous 27
drug in the possession of the department for training purposes 28
if the batch, or part of the batch, is taken from the drug vault 29
where it is stored because it is to be used for training 30
purposes-- 31
(a) when the batch or part of the batch leaves the drug vault; 32
Page 45
Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 5]
(b) the nature of the training for which the batch or part of 1
the batch is to be used; 2
(c) the condition of any container or packaging in which the 3
batch or part of the batch leaves the drug vault; 4
(d) the weight, in grams, of the batch or part of the batch 5
when it leaves the drug vault; 6
(e) the condition of any container or packaging in which the 7
batch or part of the batch is returned to the drug vault; 8
(f) the weight, in grams, of the batch or part of the batch 9
when it is returned to the drug vault. 10
`(3) The following information must be recorded in the register of 11
dangerous drugs for training when a batch of a dangerous 12
drug leaves a drug vault for the last time to be disposed of or 13
to be returned to an entity under an agency arrangement-- 14
(a) the weight, in grams, of the batch when it leaves the 15
drug vault; 16
(b) the weight, in grams, of any container or packaging in 17
which the batch leaves the drug vault. 18
`(4) Recording under subsection (1), (2) or (3) must be performed 19
as close as reasonably practicable to the happening of the 20
event to which the recording relates. 21
`344O Restriction on release of information from register of 22
dangerous drugs for training 23
`(1) The chief executive may give a direction restricting access to 24
information recorded in the register of dangerous drugs for 25
training to persons other than-- 26
(a) a drug control officer who reasonably needs the 27
information for the performance of the officer's function 28
under this part; or 29
(b) a corrective services officer who reasonably needs the 30
information for conducting or supervising, under this 31
part, an audit of a drug vault; or 32
Page 46
Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 6]
(c) another corrective services officer, if the corrective 1
services officer is performing a function associated with 2
the keeping of dangerous drugs in the possession of the 3
department under this Act, whether or not under this 4
part, and reasonably needs the information for the 5
performance of the officer's function; or 6
(d) a police officer who reasonably needs the information 7
for the performance of the officer's functions under an 8
Act; or 9
(e) a person stated in the direction. 10
`(2) A direction under subsection (1) may restrict access to all 11
information recorded in the register or only to information of 12
a type stated in the direction. 13
`(3) The chief executive must keep a written record of the reasons 14
for giving a direction under subsection (1) in each particular 15
case. 16
`(4) The chief executive may give a direction under subsection (1), 17
and keep the direction in place, only if the chief executive 18
considers that a failure to give the direction, or to keep the 19
direction in place, may prejudice-- 20
(a) the security of a drug vault; or 21
(b) the safety of-- 22
(i) a corrective services officer; or 23
(ii) another person associated with keeping dangerous 24
drugs in the possession of the department for 25
training purposes; or 26
(iii) a person associated with a person mentioned in 27
subparagraph (i) or (ii).'. 28
Clause 6 Amendment of s 349 (Protection from liability) 29
Section 349(4), definition official, paragraph (a)(iv)-- 30
omit, insert-- 31
`(iv) a volunteer; or 32
Page 47
Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 7]
(v) a protected defendant mentioned in section 319A, 1
definition protected defendant, paragraph (b) to (e) 2
performing a function under chapter 6, part 12B; or 3
(vi) the public trustee performing a function under 4
chapter 6, part 12B; or 5
(vii) an individual employed or engaged by an entity 6
mentioned in subparagraph (v) or (vi) performing a 7
function under chapter 6, part 12B; or 8
(viii) a person performing a function under section 9
319U(1); but'. 10
Clause 7 Replacement of ch 7A hdg (Transitional provisions for 11
Criminal Code (Drink Spiking) and Other Acts 12
Amendment Act 2006) 13
Chapter 7A, heading-- 14
omit, insert-- 15
`Chapter 7A Other transitional 16
provisions 17
`Part 1 Transitional provisions for 18
Criminal Code (Drink Spiking) 19
and Other Acts Amendment Act 20
2006'. 21
Clause 8 Insertion of new ch 7A, pt 2 22
Chapter 7A-- 23
insert-- 24
Page 48
Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 8]
`Part 2 Transitional provisions for 1
Corrective Services and Other 2
Legislation Amendment Act 3
2008 4
`478C Definitions for pt 2 5
`In this part-- 6
commencement means the commencement of this section. 7
relevant person see section 319A. 8
`478D Discrimination complaints not decided before 9
commencement 10
`(1) This section applies to a complaint by a relevant person to the 11
anti-discrimination commissioner under the 12
Anti-Discrimination Act, section 134 about an alleged 13
contravention of that Act committed by a protected defendant 14
against an offender that was made but not decided before the 15
commencement. 16
`(2) Chapter 6, part 12A, other than sections 319D and 319I(1), (4) 17
and (5), does not apply to the complaint. 18
`478E Relevant money awarded after commencement 19
`(1) This section applies to relevant money awarded in relation to a 20
person after the commencement. 21
`(2) Chapter 6, part 12B applies to the relevant money even if-- 22
(a) the award of damages forming the relevant money was 23
for a civil wrong committed by a protected defendant 24
against the person before the commencement; or 25
(b) the award of compensation forming the relevant money 26
was for a contravention of the Anti-Discrimination Act 27
committed by a protected defendant against the person 28
before the commencement. 29
Page 49
Corrective Services and Other Legislation Amendment Bill 2008
Part 2 Amendment of Corrective Services Act 2006
[s 9]
`478F Legal costs of victim claims brought before 1
commencement 2
`Section 319ZL only applies to the legal costs of a victim 3
claim started after the commencement.'. 4
Clause 9 Amendment of sch 4 (Dictionary) 5
Schedule 4-- 6
insert-- 7
`agency arrangement, for chapter 6, part 13A, see section 8
344B. 9
Anti-Discrimination Act means the Anti-Discrimination Act 10
1991. 11
award of compensation, for chapter 6, part 12B, see section 12
319J. 13
award of damages, for chapter 6, part 12B, see section 319J. 14
child support registrar, for chapter 6, part 12B, see section 15
319J. 16
collection entity, for chapter 6, part 12B, see section 319J. 17
Criminal Offence Victims Act means the Criminal Offence 18
Victims Act 1995. 19
dangerous drug, for chapter 6, part 13A, see section 344B. 20
disbursements for chapter 6, part 12B, see section 319J. 21
drug control direction, for chapter 6, part 13A, see section 22
344B. 23
drug control officer, for chapter 6, part 13A, see section 24
344B. 25
drug vault, for chapter 6, part 13A, see section 344B. 26
eligible entity claim, for chapter 6, part 12B, see section 27
319ZC(3). 28
eligible victim claim, for chapter 6, part 12B, see section 29
319X(3). 30
Page 50
Corrective Services and Other Legislation Amendment Bill 2008
Part 3 Amendment of Drugs Misuse Act 1986
[s 10]
entity claim, for chapter 6, part 12B, see section 319Z. 1
finally decided, for chapter 6, part 12B, see section 319J. 2
legal costs, for chapter 6, part 12B, see section 319J. 3
potential claimant, for chapter 6, part 12B, see section 319J. 4
protected defendant see section 319A. 5
public trustee see the Public Trustee Act 1978, section 6. 6
register of dangerous drugs for training, for chapter 6, part 7
13A, see section 344B. 8
relevant award, for chapter 6, part 12B, see section 319J. 9
relevant money, for chapter 6, part 12B, see section 319J. 10
relevant person, for chapter 6, part 12A, see section 319A. 11
secure facility, for chapter 6, part 13A, see section 344B. 12
SPER, for chapter 6, part 12B, see section 319J. 13
SPER registrar, for chapter 6, part 12B, see section 319J. 14
tribunal, for chapter 6, part 12A, see section 319A. 15
victim claim, for chapter 6, part 12B, see section 319S(1). 16
victim trust fund, for chapter 6, part 12B, see section 319J.'. 17
Part 3 Amendment of Drugs Misuse 18
Act 1986 19
Clause 10 Act amended in pt 3 20
This part amends the Drugs Misuse Act 1986. 21
Clause 11 Amendment of s 125 (Prescribed persons permitted to 22
receive and dispose of dangerous drugs) 23
Section 125-- 24
Page 51
Corrective Services and Other Legislation Amendment Bill 2008
Part 4 Amendment of Health Act 1937
[s 12]
insert-- 1
`(4) It is lawful for a person who, as a drug control officer within 2
the meaning of the Police Powers and Responsibilities Act 3
2000, section 726, is performing the functions of a drug 4
control officer in the police service, to possess a dangerous 5
drug while actually performing the functions. 6
`(5) It is lawful for a person who, as a drug control officer within 7
the meaning of the Corrective Services Act 2006, section 8
344B, is performing the functions of a drug control officer in 9
the department in which the Corrective Services Act 2006 is 10
administered, to possess a dangerous drug while actually 11
performing the functions.'. 12
Part 4 Amendment of Health Act 1937 13
Clause 12 Act amended in pt 4 14
This part amends the Health Act 1937. 15
Clause 13 Replacement of pt 8 hdg (Transitional provisions for 16
Health Legislation Amendment Act 2001) 17
Part 8, heading-- 18
omit, insert-- 19
`Part 8 Transitional provisions 20
`Division 1 Transitional provisions for Health 21
Legislation Amendment Act 2001'. 22
Clause 14 Insertion of new pt 8, div 2 23
Part 8-- 24
insert-- 25
Page 52
Corrective Services and Other Legislation Amendment Bill 2008
Part 5 Amendment of Health (Drugs and Poisons) Regulation 1996
[s 15]
`Division 2 Transitional provision for Corrective 1
Services and Other Legislation 2
Amendment Act 2008 3
`186 Amendment of regulation by Corrective Services and 4
Other Legislation Amendment Act 2008 does not 5
affect powers of Governor in Council 6
`The amendment of the Health (Drugs and Poisons) 7
Regulation 1996 by the Corrective Services and Other 8
Legislation Amendment Act 2008 does not affect the power of 9
the Governor in Council to further amend the regulation or to 10
repeal it.'. 11
Part 5 Amendment of Health (Drugs 12
and Poisons) Regulation 1996 13
Clause 15 Regulation amended in pt 5 14
This part amends the Health (Drugs and Poisons) Regulation 15
1996. 16
Clause 16 Amendment of s 271 (Prohibition on dispensing etc. 17
regulated poisons) 18
Section 271-- 19
insert-- 20
`(5) Subsection (1) does not apply to-- 21
(a) a drug control officer within the meaning of the Police 22
Powers and Responsibilities Act 2000, section 726 who 23
obtains or possesses a regulated poison to perform the 24
functions of a drug control officer in the police service, 25
while the officer is actually performing the functions; or 26
Page 53
Corrective Services and Other Legislation Amendment Bill 2008
Part 6 Amendment of Limitation of Actions Act 1974
[s 17]
(b) a drug control officer within the meaning of the 1
Corrective Services Act 2006, section 344B who obtains 2
or possesses a regulated poison to perform the functions 3
of a drug control officer in the department in which the 4
Corrective Services Act 2006 is administered, while the 5
officer is actually performing the functions.'. 6
Part 6 Amendment of Limitation of 7
Actions Act 1974 8
Clause 17 Act amended in pt 6 9
This part amends the Limitation of Actions Act 1974. 10
Clause 18 Amendment of s 5 (Interpretation) 11
Section 5(2), from `or a convict' to `imprisonment'-- 12
omit. 13
Clause 19 Insertion of new pt 7 14
After part 6-- 15
insert-- 16
Page 54
Corrective Services and Other Legislation Amendment Bill 2008
Part 6 Amendment of Limitation of Actions Act 1974
[s 19]
`Part 7 Transitional provision 1
`46 Transitional provision for Corrective Services and 2
Other Legislation Amendment Act 2008 3
`The Corrective Services and Other Legislation Amendment 4
Act 2008, section 18 only applies in relation to a cause of 5
action arising after the commencement of this section.'. 6
© State of Queensland 2008
Page 55
AMENDMENTS TO BILL
Corrective Services and Other Legislation Amendment Bill 2008
Corrective Services and Other Legislation
Amendment Bill 2008
Amendments agreed to during Consideration
1 Clause 4 (Insertion of new ch 6, pts 12A and 12B),
proposed section 319J (Definitions)--
At page 14, lines 27 to 31--
omit.
2 Clause 4 (Insertion of new ch 6, pts 12A and 12B),
proposed section 319P (Victim trust fund to be
transferred to public trustee)--
At page 18, line 26--
omit, insert--
`within 1 month after the protected defendant--
(a) knows the amount of the relevant money that is required
by an Act of the State or the Commonwealth to be paid
to someone else; or
(b) is satisfied that none of the relevant money is required
by an Act of the State or the Commonwealth to be paid
to someone else.'.
3 Clause 4 (Insertion of new ch 6, pts 12A and 12B),
proposed section 319Q (Discharge of protected
defendant)--
At page 19, line 17--
omit, insert--
`section 319P within 14 days after the public trustee receives
the fund.'.
Page 1
Corrective Services and Other Legislation Amendment Bill 2008
4 Clause 4 (Insertion of new ch 6, pts 12A and 12B),
proposed section 319Q (Discharge of protected
defendant)--
At page 19, lines 23 to 25--
omit, insert--
`(3) The public trustee must give a copy of the receipt to the chief
executive at the same time the public trustee gives the
protected defendant the receipt.'.
5 Clause 4 (Insertion of new ch 6, pts 12A and 12B),
proposed section 319T (Notice to potential claimants)--
At page 20, lines 26 to 29 and page 21, line 1--
omit, insert--
`(1) The chief executive must, within 1 month after receiving the
copy of the receipt mentioned in section 319Q(3), give each
potential claimant a written notice stating--
(a) the name of the person in relation to whom relevant
money has been awarded (the relevant person); and'.
6 Clause 4 (Insertion of new ch 6, pts 12A and 12B),
proposed section 319W (Starting of victim claims
proceedings despite expiry of limitation period)--
At page 23, lines 19 to 21--
omit, insert--
`relevant person may be brought by a potential claimant--
(a) by a proceeding started within 6 months after the chief
executive gives the written notice as mentioned in
section 319T(1); and'.
7 Clause 4 (Insertion of new ch 6, pts 12A and 12B),
proposed section 319X (Notifying victim claims)--
At page 24, lines 12 to 16--
omit, insert--
Page 2
Corrective Services and Other Legislation Amendment Bill 2008
`relevant person within 6 months after the chief
executive gives a written notice as mentioned in section
319T(1).
`(2) The person may notify the public trustee of the victim claim
by giving the public trustee--
(a) written notice of the proceeding within 6 months after
the chief executive gives a written notice as mentioned
in section 319T(1); and'.
8 Clause 4 (Insertion of new ch 6, pts 12A and 12B),
proposed section 319X (Notifying victim claims)--
At page 24, line 29, `7 days'--
omit, insert--
`14 days'.
9 Clause 4 (Insertion of new ch 6, pts 12A and 12B),
proposed section 319ZD (Payment of eligible entity
claims from victim trust fund)--
At page 31, line 10, `2 months'--
omit, insert--
`3 months'.
10 Clause 4 (Insertion of new ch 6, pts 12A and 12B),
proposed section 319ZH (Exception for legal costs)--
At page 33, after line 33--
insert--
`(6) In this section--
legal costs means amounts that a person has been or may be
charged by, or is or may become liable to pay to, a law
practice for the provision of legal services including interest
on the amounts, and disbursements and interest on
disbursements.'.
Page 3
Corrective Services and Other Legislation Amendment Bill 2008
11 Clause 4 (Insertion of new ch 6, pts 12A and 12B),
proposed section 319ZL (Maximum legal costs of victim
claims)--
At page 35, after line 23--
insert--
`legal costs means amounts that a person has been or may be
charged by, or is or may become liable to pay to, a law
practice for the provision of legal services including interest
on the amounts, but not including disbursements or interest on
disbursements.'.
12 Clause 9 (Amendment of sch 4 (Dictionary))--
At page 51, line 3--
omit.
© State of Queensland 2008
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