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Queensland
CORRECTIVE SERVICES
LEGISLATION
AMENDMENT BILL 1999
Queensland
CORRECTIVE SERVICES LEGISLATION
AMENDMENT BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendments--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF CORRECTIVE SERVICES ACT
1988
4 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 10 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Insertion of new s 38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
38A Different management arrangements for different classifications . . 7
7 Insertion of new sdiv 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Subdivision 1A--Accommodation in maximum security facility
43A Management of prisoners under maximum security
arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
43B Consecutive maximum security orders . . . . . . . . . . . . . . . . . . . . . . . 8
43C Other matters about maximum security orders . . . . . . . . . . . . . . . . . 9
43D Review of maximum security order by official visitor . . . . . . . . . . . 9
43E Examination by medical officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
43F Transitional provision--references to chief executive . . . . . . . . . . . 11
PART 3--AMENDMENT OF CORRECTIVE SERVICES
(ADMINISTRATION) ACT 1988
8 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Amendment of s 2 (Objects) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Corrective Services Legislation Amendment
11 Amendment of s 7 (References to various officers and the commission) . . 12
12 Omission of s 8 (Administration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 Replacement of pt 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Omission of pt 2, div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Replacement of div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Amendment of s 18 (Functions of Commission) . . . . . . . . . . . . . . . . . . . . . . 13
17 Amendment of s 19 (Powers of Commission) . . . . . . . . . . . . . . . . . . . . . . . . 14
18 Replacement of s 21 (Delegation by commission) . . . . . . . . . . . . . . . . . . . . 15
21 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19 Omission of section 23 (Commission subject to direction of Minister) . . . 16
20 Renumbering of pt 2, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21 Replacement of pt 2, div 3 and pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 3--CORRECTIVE SERVICES ADVISORY COUNCIL
24 Establishment of advisory council . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
25 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
28 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
29 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Omission of s 65 (Service of documents on Commission) . . . . . . . . . . . . . . 18
23 Omission of ss 6770 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
24 Amendment of s 71 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . . 18
25 Omission of ss 72 and 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Omission of pt 6, divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Insertion of new pt 6, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 5--Transitional provisions for Corrective Services
Legislation Amendment Act 1999
Subdivision 1--Preliminary
80 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
81 Effect of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Subdivision 2--Dissolution of QCSC
82 Dissolution of QCSC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
83 Director-general of Corrective Services . . . . . . . . . . . . . . . . . . . . . . . 21
3
Corrective Services Legislation Amendment
84 Secretary to QCSC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Subdivision 3--Dissolution of QC
85 Dissolution of QC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
86 Chief executive officer of QC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Subdivision 4--Special transitional provisions for officers and employees
87 Officers and employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
88 Contract officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
89 Transition to corrective services officers and employees . . . . . . . . . 25
90 Accrued entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
91 Industrial instruments and agreements . . . . . . . . . . . . . . . . . . . . . . . . 25
92 Employment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
93 Disciplinary and other proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Subdivision 5--Other transitional provisions
94 Instruments and references in instruments . . . . . . . . . . . . . . . . . . . . . 26
95 Pending proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
96 Actions taken by QCSC before commencement . . . . . . . . . . . . . . . . 27
97 Actions taken by QC before commencement . . . . . . . . . . . . . . . . . . 28
98 Certificates for evidentiary purposes . . . . . . . . . . . . . . . . . . . . . . . . . 28
99 References in Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
100 Certain references to be taken to be to refer to chief executive . . 29
28 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 31
MINOR AND CONSEQUENTIAL AMENDMENTS
CORRECTIVE SERVICES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
CORRECTIVE SERVICES (ADMINISTRATION) ACT 1988 . . . . . . . . . . 40
CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
CRIMINAL JUSTICE ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 . . . 46
CRIMINAL OFFENCE VICTIMS ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . 47
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . 47
JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
MENTAL HEALTH ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
4
Corrective Services Legislation Amendment
PAROLE ORDERS (TRANSFER) ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . 49
PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 49
PUBLIC TRUSTEE ACT 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
SUPERANNUATION (STATE PUBLIC SECTOR) ACT 1990 . . . . . . . . . 52
WEAPONS ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
WHISTLEBLOWERS PROTECTION ACT 1994 . . . . . . . . . . . . . . . . . . . . 53
WORKCOVER QUEENSLAND ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . 54
1999
A BILL
FOR
An Act to amend the Corrective Services Act 1988 and the Corrective
Services (Administration) Act 1988, and for other purposes
s1 6 s5
Corrective Services Legislation Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Corrective Services Legislation 4
Amendment Act 1999. 5
6
Commencement
Clause 2. This Act, other than part 2, commences on a day to be fixed by 7
proclamation. 8
9
Amendments--schedule
Clause 3. The schedule amends the Acts it mentions. 10
PART 2--AMENDMENT OF CORRECTIVE 11
SERVICES ACT 1988 12
amended in pt 2 13
Act
Clause 4. This part amends the Corrective Services Act 1988. 14
of s 10 (Definitions) 15
Amendment
Clause 5. Section 10-- 16
insert-- 17
` "maximum security facility" means a facility at a prison for the 18
accommodation of prisoners that is designed and constructed so that-- 19
s6 7 s7
Corrective Services Legislation Amendment
(a) all prisoners accommodated in the facility are totally separated 1
from all other prisoners at the prison; and 2
(b) some or all of the prisoners accommodated in the facility can, 3
when necessary, be totally separated from the other prisoners in 4
the facility. 5
"maximum security order" see section 43A.'. 6
of new s 38A 7
Insertion
Clause 6. After section 38-- 8
insert-- 9
management arrangements for different classifications 10
`Different
`38A.(1) In fulfilling the chief executive's responsibility under section 13 11
in relation to prisons, and prisoners in prison, the chief executive may apply 12
different arrangements for the management of prisoners of different classes 13
as classified under a regulation. 14
`(2) However, arrangements under subsection (1) that provide for the 15
segregation or partial segregation of prisoners of 1 class from prisoners of 16
another class have effect subject to the requirements of-- 17
(a) generally--any regulation under section 130(c); and 18
(b) for a prisoner who is the subject of special treatment under 19
section 39--section 39 and the instrument ordering the special 20
treatment; and 21
(c) for a prisoner who is the subject of a maximum security order 22
under subdivision 1A--subdivision 1A and the order; and 23
(d) for a prisoner who is the subject of an order for separate 24
confinement under division 7--separate confinement under 25
division 7.'. 26
of new sdiv 1A 27
Insertion
Clause 7. After section 43-- 28
insert-- 29
s7 8 s7
Corrective Services Legislation Amendment
`Subdivision 1A--Accommodation in maximum security facility 1
of prisoners under maximum security arrangements 2
`Management
`43A.(1) The chief executive may make an order (a "maximum security 3
order") that a prisoner at a prison be accommodated in a maximum 4
security facility, whether at the prison or at another prison. 5
`(2) The maximum security order may be made only if-- 6
(a) the prisoner has been classified, under a regulation, into the 7
security rating of maximum security, and the rating is still current; 8
and 9
(b) the chief executive considers, on reasonable grounds, that 1 or 10
more of the following apply-- 11
(i) there is a high risk the prisoner will escape, or attempt to 12
escape, from prison; 13
(ii) there is a high risk the prisoner will inflict death or serious 14
injury on other prisoners, prison staff or other persons with 15
whom the prisoner may come into contact; 16
(iii) generally, the prisoner is a substantial threat to prison 17
security and good order. 18
`(3) The term of the maximum security order must not be longer than 19
6 months. 20
maximum security orders 21
`Consecutive
`43B.(1) The chief executive may make a new maximum security order 22
for a prisoner to take effect on the expiry of an existing maximum security 23
order for the prisoner if the new order is made no earlier than 14 days 24
before the expiry. 25
`(2) However, the chief executive must not make the new order unless-- 26
(a) not more than 28 days before the existing order expires, the chief 27
executive gives written notice to the prisoner advising the prisoner 28
that-- 29
s7 9 s7
Corrective Services Legislation Amendment
(i) the chief executive is about to consider whether a new order 1
should be made; and 2
(ii) the prisoner may, within 14 days after receiving the written 3
notice, make submissions to the chief executive about 4
anything relevant to the decision about making the new 5
order; and 6
(b) the chief executive considers any submission the prisoner makes 7
to the chief executive under paragraph (a)(ii). 8
matters about maximum security orders 9
`Other
`43C.(1) A maximum security order for a prisoner must include, to the 10
extent it is practicable, directions about the extent to which-- 11
(a) the prisoner is to be segregated from other prisoners 12
accommodated in the maximum security facility; and 13
(b) visits to the prisoner may involve direct contact between prisoner 14
and visitor; and 15
(c) the prisoner is to receive privileges. 16
`(2) The privileges the prisoner may receive while under the maximum 17
security order must be limited to privileges-- 18
(a) that can be enjoyed within the maximum security facility; and 19
(b) the enjoyment of which, in the circumstances of the order, may 20
reasonably be expected not to jeopardise prison security and good 21
order. 22
`(3) A maximum security order may include directions about the 23
prisoner's access, within the maximum security facility, to programs and 24
services, including training and counselling. 25
of maximum security order by official visitor 26
`Review
`43D.(1) A prisoner accommodated in a maximum security facility 27
under a maximum security order may ask the general manager of the prison 28
to refer the maximum security order to an official visitor for review. 29
s7 10 s7
Corrective Services Legislation Amendment
`(2) The general manager must refer the maximum security order to an 1
official visitor, and the official visitor to whom the maximum security order 2
is referred must review the order, as soon as practicable. 3
`(3) If the term of the maximum security order is 3 months or less, the 4
prisoner may not ask for the order to be referred more than once. 5
`(4) If the term of the maximum security order is more than 3 months, 6
the prisoner may not ask for the order to be referred more than twice. 7
`(5) Despite subsections (3) and (4), the prisoner may also ask for the 8
maximum security order to be referred to an official visitor if the chief 9
executive amends the order, other than under subsection (8). 10
`(6) For conducting the review, the official visitor may exercise the 11
powers mentioned in section 24.1 12
`(7) After the official visitor completes the review, the official visitor 13
must recommend to the chief executive whether the order should be 14
confirmed, amended or repealed. 15
`(8) The chief executive, on receiving the official visitor's 16
recommendation, must-- 17
(a) consider the recommendation; and 18
(b) confirm, amend or repeal the maximum security order. 19
`(9) To remove doubt, it is declared that the chief executive is not bound 20
by the official visitor's recommendation. 21
by medical officer 22
`Examination
`43E.(1) A medical officer must examine a prisoner accommodated in a 23
maximum security facility under a maximum security order-- 24
(a) as soon as practicable after the order takes effect; and 25
(b) after the first examination, at intervals that are, to the greatest 26
practicable extent, of not more than 28 days; and 27
(c) as soon as practicable after the prisoner is removed from the 28
maximum security facility under the order. 29
1 Section 24 (Powers of official visitor)
s8 11 s 10
Corrective Services Legislation Amendment
`(2) For subsection (1), 2 or more maximum security orders running 1
consecutively are taken to be 1 order. 2
provision--references to chief executive 3
`Transitional
`43F.(1) In section 38A, and in this subdivision other than this section, a 4
reference to the chief executive is taken to be a reference to the commission. 5
`(2) This section expires on the commencement of the schedule to the 6
Corrective Services Legislation Amendment Act 1999.2'. 7
PART 3--AMENDMENT OF CORRECTIVE 8
SERVICES (ADMINISTRATION) ACT 1988 9
amended in pt 3 10
Act
Clause 8. This part amends the Corrective Services (Administration) Act 1988. 11
of title 12
Amendment
Clause 9. Title, from `the Queensland Corrective' to `related to'-- 13
omit. 14
of s 2 (Objects) 15
Amendment
Clause 10. Section 2(b), `by the Queensland Corrective Services 16
Commission'-- 17
omit. 18
2 This provision is a temporary provision intended to operate until the schedule to
the Corrective Services Legislation Amendment Act 1999 commences, and the
provisions of this Act referring to the Commission are changed, in most cases, to
references to the chief executive or the State.
s 11 12 s 11
Corrective Services Legislation Amendment
of s 7 (References to various officers and the commission) 1
Amendment
Clause 11.(1) Section 7, heading, `and the commission'-- 2
omit. 3
(2) Section 7(1)(a)-- 4
omit, insert-- 5
`(a) a person employed under the Public Service Act 1996 as a 6
community correctional officer; or'. 7
(3) Section 7(2)(a)-- 8
omit, insert-- 9
`(a) a person employed under the Public Service Act 1996 as a 10
custodial correctional officer; or'. 11
(4) Section 7(3)(a)-- 12
omit, insert-- 13
`(a) a person employed under the Public Service Act 1996 as the 14
general manager of the prison or, if there is no person employed 15
as the general manager, the person employed under the Public 16
Service Act 1996 as the manager of the prison; or'. 17
(5) Section 7(4) and (5)-- 18
omit, insert-- 19
`(4) In any Act, a reference to a corrective services officer is a reference 20
to-- 21
(a) a public service officer who is appointed as a corrective services 22
officer; or 23
(b) a person taken to be a corrective services officer under 24
section 23C(8).3 25
`(5) In any Act, a reference to a corrective services employee is a 26
reference to-- 27
(a) a public service employee, other than a public service officer, who 28
is employed as a corrective services employee; or 29
3 Section 23C (Structure of organisation and delegation)
s 12 13 s 16
Corrective Services Legislation Amendment
(b) a person taken to be a corrective services employee under 1
section 23C(8). 2
`(6) In any Act, a reference to the chief executive (corrective services) is a 3
reference to-- 4
(a) the chief executive; or 5
(b) a person or body taken to be the chief executive under 6
section 23C(5).'. 7
of s 8 (Administration) 8
Omission
Clause 12. Section 8-- 9
omit. 10
of pt 2 hdg 11
Replacement
Clause 13. Part 2, heading-- 12
omit, insert-- 13
`PART 2--ROLE OF CHIEF EXECUTIVE'. 14
of pt 2, div 1 15
Omission
Clause 14. Part 2, division 1-- 16
omit. 17
of div 2 hdg 18
Replacement
Clause 15. Part 2, division 2, heading-- 19
omit, insert-- 20
`Division 1--Functions and powers of chief executive'. 21
of s 18 (Functions of Commission) 22
Amendment
Clause 16. Section 18, all words before subsection (2)(b)-- 23
omit, insert-- 24
s 17 14 s 17
Corrective Services Legislation Amendment
`Functions of chief executive 1
`18. Subject to the Minister, the chief executive-- 2
(a) must decide policy for the administration, management and 3
control of corrective services; and'. 4
of s 19 (Powers of Commission) 5
Amendment
Clause 17.(1) Section 19, heading and subsection (1), `Commission'-- 6
omit, insert-- 7
`chief executive'. 8
(2) Section 19(1), `by it of its'-- 9
omit, insert-- 10
`of the chief executive's'. 11
(3) Section 19(2), all words before paragraph (b)-- 12
omit, insert-- 13
`(2) Without limiting subsection (1) or the powers otherwise exercisable 14
by the chief executive as the chief executive of the department, the chief 15
executive may do the following-- 16
(a) acquire real or personal property for the conduct of the chief 17
executive's operations under the corrective services Acts and 18
under any other Act under which the chief executive has functions 19
in the context of corrective services;'. 20
(4) Section 19(2)(b) and (c), `officers'-- 21
omit, insert-- 22
`corrective services officers'. 23
(5) Section 19(2)(c), `Commission'-- 24
omit, insert-- 25
`department'. 26
s 18 15 s 18
Corrective Services Legislation Amendment
(6) Section 19(2)(d) and (h), `it'-- 1
omit, insert-- 2
`the chief executive'. 3
(7) Section 19(2)(e), `Commission's'-- 4
omit, insert-- 5
`chief executive's'. 6
(8) Section 19(2)(f)-- 7
omit, insert-- 8
`(f) engage a person, other than a corrective services officer or 9
employee, or a body of persons to conduct on the chief 10
executive's behalf any part of the chief executive's operations 11
under the corrective services Acts and under any other Act under 12
which the chief executive has functions in the context of corrective 13
services;'. 14
(9) Section 19(2)(h), `its'-- 15
omit, insert-- 16
`corrective services'. 17
of s 21 (Delegation by commission) 18
Replacement
Clause 18. Section 21-- 19
omit, insert-- 20
by chief executive 21
`Delegation
`21.(1) The chief executive may delegate the chief executive's powers 22
under the corrective services Acts or another Act to an appropriately 23
qualified corrective services officer or employee. 24
`(2) In this section-- 25
"appropriately qualified" includes having the qualifications, experience or 26
standing appropriate to exercise the power. 27
28
Examples of standing--
29
A person's classification level in the department.
s 19 16 s 21
Corrective Services Legislation Amendment
"chief executive" does not include a person or body taken to be the chief 1
executive under section 23C(5).'. 2
of section 23 (Commission subject to direction of Minister) 3
Omission
Clause 19. Section 23-- 4
omit. 5
of pt 2, div 2A 6
Renumbering
Clause 20. Part 2, division 2A-- 7
renumber as part 2, division 2. 8
of pt 2, div 3 and pt 3 9
Replacement
Clause 21. Part 2, division 3 and part 3-- 10
omit, insert-- 11
ART 3--CORRECTIVE SERVICES ADVISORY 12
`P
COUNCIL 13
of advisory council 14
`Establishment
`24.(1) The Corrective Services Advisory Council is established. 15
`(2) The advisory council reports directly to the Minister. 16
unctions 17
`F
`25.(1) The advisory council has the following functions-- 18
(a) generally, to advise the Minister of community views about 19
corrective services; 20
(b) in particular, to advise the Minister of community views about the 21
department's policies and procedures for corrective services; 22
(c) to examine, and make recommendations on, issues the Minister 23
refers to the advisory council. 24
s 21 17 s 21
Corrective Services Legislation Amendment
`(2) In performing its functions, the advisory council should seek to 1
contribute to a culture of openness and transparency in the department's 2
management of corrective services. 3
4
`Composition
`26.(1) The advisory council consists of the following members-- 5
(a) the chief executive; 6
(b) not more than 9 other persons (the "appointed members") 7
appointed by the Minister. 8
`(2) The appointed members should (but need not) include-- 9
(a) persons with expertise in 1 or more of the following-- 10
(i) business; 11
(ii) legal and advocacy issues; 12
(iii) employee relations; and 13
(b) persons who represent 1 of the following-- 14
(i) Aboriginal and Torres Strait Islander groups; 15
(ii) corrective services officers and employees. 16
`(3) The chairperson of the advisory council is chosen by the Minister. 17
of appointment 18
`Term
`27.(1) Half, or as close as practicable to half, of the first persons to be 19
appointed as members of the advisory council are to be appointed for a term 20
of 18 months. 21
`(2) All other appointments of members of the advisory council are to be 22
for a term of not more than 3 years. 23
`(3) However, a person must not be appointed to more than 2 terms, 24
whether or not consecutive, as a member. 25
`(4) The Minister may at any time end the appointment of a member for 26
any reason or none. 27
s 22 18 s 24
Corrective Services Legislation Amendment
of appointment 1
`Conditions
`28.(1) An appointed member holds the member's appointment on the 2
conditions, not provided for by this Act, that are decided by the Minister 3
from time to time. 4
`(2) Except as decided by the Minister, an appointed member is not 5
entitled to any remuneration, allowances or other valuable consideration for 6
participating in meetings of the advisory council. 7
`(3) However, the member may be paid the costs that, in the opinion of 8
the Minister, are necessarily and reasonably incurred, or to be incurred, by 9
the member to attend meetings. 10
11
`Meetings
`29.(1) The advisory council must meet at least 4 and not more than 12
6 times each year at times and places chosen by the Minister. 13
`(2) However, the advisory council may hold 1 or more additional 14
meetings if the Minister asks the advisory council to meet more frequently 15
to deal with particular issues.'. 16
of s 65 (Service of documents on Commission) 17
Omission
Clause 22. Section 65-- 18
omit. 19
of ss 6770 20
Omission
Clause 23. Sections 67 to 70-- 21
omit. 22
of s 71 (Regulation-making power) 23
Amendment
Clause 24.(1) Section 71(2)(a), `entitlements,'-- 24
omit. 25
s 25 19 s 27
Corrective Services Legislation Amendment
(2) Section 71(2)(a), `officers and employees of the Commission'-- 1
omit, insert-- 2
`corrective services officers and employees'. 3
(3) Section 71(2)(b), `Commission's behalf any part of its operations'-- 4
omit, insert-- 5
`chief executive's behalf any part of the chief executive's operations 6
under the corrective services Acts and under any other Act under which the 7
chief executive has functions in the context of corrective services'. 8
(4) Section 71(2)(c)-- 9
omit. 10
(5) Section 71(2)(e), from `Commission'-- 11
omit, insert-- 12
`chief executive of his or her functions and powers.'. 13
of ss 72 and 73 14
Omission
Clause 25. Sections 72 and 73-- 15
omit. 16
of pt 6, divs 2 and 3 17
Omission
Clause 26. Part 6, divisions 2 and 3-- 18
omit. 19
of new pt 6, div 5 20
Insertion
Clause 27. Part 6-- 21
insert-- 22
s 27 20 s 27
Corrective Services Legislation Amendment
`Division 5--Transitional provisions for Corrective Services Legislation 1
Amendment Act 1999 2
1--Preliminary 3
`Subdivision
for div 5 4
`Definitions
`80. In this division-- 5
"contract officer", of QCSC or QC, means a person, other than the 6
director-general of QCSC or the chief executive officer of QC, 7
employed by QCSC or QC under a written contract of employment as 8
an officer or employee of QCSC or QC, whether or not the contract is 9
for a fixed term of appointment. 10
"QC" means Queensland Corrections. 11
"QCSC" means the Queensland Corrective Services Commission. 12
of div 5 13
`Effect
`81. This division has effect despite anything in the Government Owned 14
Corporations Act 1993, including anything in a regulation under that Act. 15
`Subdivision 2--Dissolution of QCSC 16
issolution of QCSC 17
`D
`82. On the commencement of this section-- 18
(a) the persons who are the chairperson, deputy chairperson and other 19
commissioners of QCSC go out of office; and 20
(b) QCSC is dissolved; and 21
(c) all the assets and liabilities of QCSC become assets and liabilities 22
of the State; and 23
(d) the State becomes the successor in law of QCSC; and 24
s 27 21 s 27
Corrective Services Legislation Amendment
(e) a prisoner in the custody of QCSC becomes a prisoner in the 1
custody of the chief executive, and is taken to be so under the 2
Corrective Services Act 1988, section 33(1).4 3
of Corrective Services 4
`Director-general
`83.(1) This section applies if, immediately before the commencement of 5
this section, a person holds the appointment, other than an acting 6
appointment, of the director-general of Corrective Services. 7
`(2) On the commencement of this section, and despite the dissolution of 8
QCSC and the repeal of section 33,5 the person-- 9
(a) becomes a public service officer, other than the chief executive; 10
and 11
(b) is taken to be a corrective services officer. 12
`(3) Despite anything in the Public Service Act 1996-- 13
(a) the person continues to be engaged and employed in the 14
department under the terms of the person's contract with QCSC; 15
and 16
(b) to remove doubt, it is declared that, if the person's employment 17
under the contract is terminated under the terms of the contract, 18
the termination does not affect any rights to compensation to 19
which the person is entitled under the terms of the contract. 20
`(4) Subject to subsection (3), the person's contract with QCSC is taken 21
to be a contract under the Public Service Act 1996, and that Act applies to 22
the contract as if it were a contract for a fixed term under that Act. 23
`(5) The Public Service Act 1996, section 716 does not apply to the 24
person. 25
`(6) A reference in the contract to QCSC as the employer under the 26
contract is taken to be a reference to the chief executive. 27
4 Corrective Services Act 1988, section 33 (Persons in custody of commission)
5 Section 33 (Appointment of Director-General and secretary)
6 Public Service Act 1996, section 71 (Tenure on termination etc. of certain
contracts)
s 27 22 s 27
Corrective Services Legislation Amendment
to QCSC 1
`Secretary
`84.(1) This section applies if, immediately before the commencement of 2
this section, a person holds the appointment, other than an acting 3
appointment, of the secretary to QCSC. 4
`(2) Despite the dissolution of QCSC and the repeal of section 33, the 5
person becomes a public service officer. 6
3--Dissolution of QC 7
`Subdivision
of QC 8
`Dissolution
`85. On the commencement of this section-- 9
(a) QC is dissolved; and 10
(b) all the assets and liabilities of QC become assets and liabilities of 11
the State; and 12
(c) the State becomes the successor in law of QC; and 13
(d) a prisoner in the custody of QC becomes a prisoner in the custody 14
of the chief executive, and is taken to be so under the Corrective 15
Services Act 1988, section 33(1). 16
executive officer of QC 17
`Chief
`86.(1) This section applies if, immediately before the commencement of 18
this section, a person holds the appointment, other than an acting 19
appointment, of chief executive officer of QC. 20
`(2) On the commencement of this section, and despite the dissolution of 21
QC, the person-- 22
(a) becomes a public service officer, other than the chief executive; 23
and 24
(b) is taken to be a corrective services officer. 25
`(3) Despite anything in the Public Service Act 1996-- 26
(a) the person continues to be engaged and employed in the 27
department under the terms of the person's contract with QC; and 28
s 27 23 s 27
Corrective Services Legislation Amendment
(b) to remove doubt, it is declared that, if the person's employment 1
under the contract is terminated under the terms of the contract, 2
the termination does not affect any rights to compensation to 3
which the person is entitled under the terms of the contract. 4
`(4) Subject to subsection (3), the person's contract with QC is taken to 5
be a contract under the Public Service Act 1996, and that Act applies to the 6
contract as if it were a contract for a fixed term under that Act. 7
`(5) The Public Service Act 1996, section 717 does not apply to the 8
person. 9
`(6) A reference in the contract to QC as the employer under the contract 10
is taken to be a reference to the chief executive. 11
`Subdivision 4--Special transitional provisions for officers and 12
employees 13
and employees 14
`Officers
`87.(1) On the commencement of this section, a person who, 15
immediately before the commencement, was an officer or employee of 16
QCSC or QC-- 17
(a) becomes a public service employee; and 18
(b) has a right to a salary or wage rate not lower than the person's 19
salary or wage rate immediately before the commencement; and 20
(c) must be appointed or employed under the Public Service Act 1996 21
as a public service officer, general employee or temporary 22
employee; and 23
(d) must be appointed or employed as a corrective services officer or 24
employee. 25
7 Public Service Act 1996, section 71 (Tenure on termination etc. of certain
contracts)
s 27 24 s 27
Corrective Services Legislation Amendment
`(2) This section does not apply to an officer or employee of QCSC or 1
QC who, immediately before the commencement, was a contract officer of 2
QCSC or QC, the director-general of QCSC or the chief executive officer of 3
QC. 4
officers 5
`Contract
`88.(1) On the commencement of this section, a person who, 6
immediately before the commencement, was a contract officer of QCSC or 7
QC-- 8
(a) becomes a public service officer; and 9
(b) is taken to be a corrective services officer. 10
`(2) Despite anything in the Public Service Act 1996-- 11
(a) the person continues to be engaged and employed in the 12
department under the terms of the person's contract with QCSC 13
or QC; and 14
(b) to remove doubt, it is declared that, if the person's employment 15
under the contract is terminated under the terms of the contract, 16
the termination does not affect any rights to compensation to 17
which the person is entitled under the terms of the contract. 18
`(3) Subject to subsection (2), the person's contract with QCSC or QC is 19
taken to be a contract under the Public Service Act 1996, and that Act applies 20
to the contract as if it were a contract for a fixed term under that Act. 21
`(4) The Public Service Act 1996, section 718 does not apply to the 22
person. 23
`(5) A reference in the contract to QCSC or QC as the employer under 24
the contract is taken to be a reference to the chief executive. 25
8 Public Service Act 1996, section 71 (Tenure on termination etc. of certain
contracts)
s 27 25 s 27
Corrective Services Legislation Amendment
to corrective services officers and employees 1
`Transition
`89. On the commencement of this section-- 2
(a) a person who, immediately before the commencement, was 3
employed by QCSC or QC as a community correctional officer is 4
taken to be a corrective services officer or employee who is a 5
community correctional officer; and 6
(b) a person who, immediately before the commencement, was 7
employed by QCSC or QC as a custodial correctional officer is 8
taken to be a corrective services officer or employee who is a 9
custodial correctional officer; and 10
(c) a person who, immediately before the commencement, was 11
employed by QCSC or QC as the general manager or manager of 12
a prison is taken to be a corrective services officer or employee 13
who is the general manager or manager of the prison. 14
entitlements 15
`Accrued
`90. A person who becomes a public service employee under this 16
division keeps all entitlements accrued by the person, as at the 17
commencement of this section, as an officer or employee of QCSC or QC. 18
instruments and agreements 19
`Industrial
`91. Industrial instruments and industrial agreements under the 20
Workplace Relations Act 1997 in force immediately before the 21
commencement of this section, and applying to an officer or employee of 22
QCSC or QC, continue in force under that Act after the commencement and 23
apply to the person as a public service employee. 24
conditions 25
`Employment
`92.(1) Employment conditions decided under repealed section 34 by 26
QCSC, or decided by QC, and in force immediately before the 27
commencement of this section for an officer or employee of QCSC or QC 28
continue to apply to the person as a public service employee after the 29
commencement. 30
s 27 26 s 27
Corrective Services Legislation Amendment
`(2) Despite the Public Service Act 1996, a directive or guideline under 1
that Act about a matter that is also the subject of an employment condition 2
mentioned in subsection (1) does not apply to the person. 3
`(3) This section expires 1 year after it commences. 4
and other proceedings 5
`Disciplinary
`93.(1) This section applies to a person who becomes a public service 6
employee under this division. 7
`(2) Disciplinary proceedings may be taken against the person after the 8
commencement of this section for a disciplinary matter that happened while 9
the person was an officer or employee of QCSC or QC as if the person 10
were a public service employee at the time the matter happened. 11
`(3) However, if disciplinary proceedings for a disciplinary matter were 12
started against the person before the commencement of this section, the 13
proceedings may be finalised as if the Corrective Services Legislation 14
Amendment Act 1999 had not been enacted. 15
`(4) If the person was suspended by QCSC or QC before the 16
commencement of this section, the suspension continues, and must be dealt 17
with by the chief executive as if the Corrective Services Legislation 18
Amendment Act 1999 had not been enacted and the chief executive was 19
QCSC or QC. 20
`Subdivision 5--Other transitional provisions 21
and references in instruments 22
`Instruments
`94.(1) This section applies to an instrument (other than a statutory 23
instrument) in existence immediately before the commencement of this 24
section. 25
`(2) An instrument applying to QCSC or QC is to apply to the State in 26
place of QCSC or QC and is to be read with necessary changes. 27
s 27 27 s 27
Corrective Services Legislation Amendment
`(3) In an instrument applying to QCSC, a reference to the 1
director-general of Corrective Services or another officer or employee of 2
QCSC is taken to be, if the context permits, a reference to the chief 3
executive or a corrective services officer or employee. 4
`(4) In an instrument applying to QC, a reference to the chief executive 5
officer of QC or another officer or employee of QC is taken to be, if the 6
context permits, a reference to the chief executive or a corrective services 7
officer or employee. 8
proceedings 9
`Pending
`95. A proceeding by or against QCSC or QC arising out of acts or 10
omissions of QCSC or QC that is not finished before the commencement 11
of this section must be continued and finished by or against the State. 12
taken by QCSC before commencement 13
`Actions
`96.(1) This section applies to an action taken by QCSC before the 14
commencement of this section if-- 15
(a) the action was taken in the exercise of a power conferred on 16
QCSC under the corrective services Acts or another Act; and 17
(b) the action was still in force or having effect immediately before 18
the commencement. 19
`(2) The action stays in force or continues to have effect after the 20
commencement. 21
`(3) To the extent necessary to give effect to subsection (2), the action is 22
taken to have been the action of the chief executive. 23
`(4) Subsection (2) has effect only to the extent that the staying in force or 24
continuing to have effect is consistent with the dissolution of QCSC and 25
QC. 26
27
Example for subsection (4)--
28
The delegating of a power under section 21(1)(a) before the commencement of
29
this section to a Commissioner would not stay in force or continue to have effect
30
because the Commissioners go out of office on the commencement of this section.
`(5) Without limiting subsections (2) to (4)-- 31
s 27 28 s 27
Corrective Services Legislation Amendment
(a) the engagement of a person in force under section 19(2)(f) 1
immediately before the commencement, other than the 2
engagement of QC, continues in force as an engagement by the 3
chief executive; and 4
(b) the Commission's Rules, as in force under section 20 5
immediately before the commencement, stay in force, subject to 6
repeal or amendment by the chief executive from time to time, as 7
the corrective services rules; and 8
(c) an authorisation in force under section 23C immediately before 9
the commencement, other than an authorisation of QC, stays in 10
force as an authorisation by the chief executive. 11
taken by QC before commencement 12
`Actions
`97.(1) This section applies to an action taken by QC before the 13
commencement of this section if the action was still in force or having effect 14
immediately before the commencement. 15
`(2) The action stays in force or continues to have effect after the 16
commencement. 17
`(3) To the extent necessary to give effect to subsection (2), the action is 18
taken to have been the action of the chief executive. 19
`(4) Without limiting subsections (1) to (3), the delegating of a power by 20
QC to a person under an authorisation under section 23C(6) continues to 21
have effect as a delegation from the chief executive to the person. 22
for evidentiary purposes 23
`Certificates
`98.(1) A document made or issued by QCSC before the 24
commencement of this section for the purposes of QCSC's functions in 25
relation to the Juvenile Justice Act 1992 before 7 December 19989 is taken 26
to be sufficiently authenticated if signed after the commencement by the 27
chief executive. 28
9 Section 78 (Authentication of documents) commenced 7 December 1998.
s 28 29 s 28
Corrective Services Legislation Amendment
`(2) Subsection (3) applies if, in any proceedings, it is relevant to prove a 1
decision or determination of QCSC made before the commencement of this 2
section, whether made under the corrective services Acts or another Act. 3
`(3) A certificate purporting to be signed, before the commencement, by 4
the secretary to QCSC, or after the commencement, by the chief executive, 5
and stating the decision or determination of QCSC is evidence of the 6
decision or determination. 7
in Acts 8
`References
`99.(1) In any Act, a reference to QCSC or QC is, if the context allows, 9
taken to be a reference to-- 10
(a) the chief executive; or 11
(b) a person or body taken to be the chief executive under 12
section 23C(5). 13
`(2) If the context does not allow, the reference to QCSC or QC is taken 14
to be a reference to the State. 15
references to be taken to be to refer to chief executive 16
`Certain
`100. On the commencement of this section, a reference in an Act, other 17
than the corrective services Acts, or in an instrument made under an Act, 18
other than the corrective services Acts, to the Comptroller-General of 19
Prisons, the Chief Probation Officer, the Chief Probation and Parole 20
Officer, the Prisons Department, the prison service or the Probation and 21
Parole Service is taken to be a reference to the chief executive.'. 22
of schedule (Dictionary) 23
Amendment
Clause 28.(1) Schedule, definitions "commission", "commission entity", 24
"commissioner", "director-general", "employee", "officer" and 25
"secretary"-- 26
omit. 27
(2) Schedule-- 28
insert-- 29
s 28 30 s 28
Corrective Services Legislation Amendment
` "advisory council" means the Corrective Services Advisory Council 1
established under section 24. 2
"appointed members", of the advisory council, see section 26(1)(b). 3
"corrective services Acts" means-- 4
(a) the Corrective Services Act 1988; and 5
(b) this Act. 6
"corrective services employee" see section 7(5). 7
"corrective services entity" means-- 8
(a) the chief executive; or 9
(b) a defined office holder or other corrective services officer; or 10
(c) a corrective services employee. 11
"corrective services officer" see section 7(4). 12
"corrective services rules" see section 20. 13
"defined office holder" means a corrective services officer who holds a 14
following office-- 15
(a) community correctional officer; 16
(b) custodial correctional officer; 17
(c) general manager of a prison.'. 18
(3) Schedule, definition "function", `commission'-- 19
omit, insert-- 20
`corrective services'. 21
(4) Schedule, definition "prisoner", `commission's'-- 22
omit, insert-- 23
`chief executive's'. 24
25
31
Corrective Services Legislation Amendment
SCHEDULE 1
¡
MINOR AND CONSEQUENTIAL AMENDMENTS 2
section 3 3
CORRECTIVE SERVICES ACT 1988 4
´
1. Sections 5, 6 and 9-- 5
omit. 6
2. Section 10, definitions, "appointed day", "commission", 7
"commissioner", "director-general", "employee", "officer" and 8
"rule"-- 9
omit. 10
3. Section 10-- 11
insert-- 12
` "corrective services employee" see Corrective Services (Administration) 13
Act 1988, section 7(5).' 14
"corrective services officer" see Corrective Services (Administration) Act 15
1988, section 7(4).' 16
"corrective services rules" see Corrective Services (Administration) Act 17
1988, section 20.'. 18
4. Section 10, definition "commission's rules", `commission's'-- 19
omit, insert-- 20
`corrective services'. 21
32
Corrective Services Legislation Amendment
SCHEDULE (continued)
5. Section 10, definitions "community service" and "prisoner", 1
`commission'-- 2
omit, insert-- 3
`chief executive'. 4
6. Sections 12 to 14, 15(1) (first mention), 15(7), 18(1) (second 5
mention), 19, 20(1) and (3) to (8), 21, 22(1), (3) and (5), 23(4) and (5), 6
26(1), 27(1) (first mention), (2)(d) and (3), 28(1) (second mention) and 7
(2), 29(1)(d) (second mention), 31(1), 33, 36(2), 37, 38, 39(5), (8)(a) and 8
(9), 40, 43, 45(2), 46(2), 47(6) and 47(9) (first mention), 48(8), 50(1) 9
and (5), 52 to 55, 59 to 61, 63, 65 to 68, 69(2), 70 to 72, 73(1) (third 10
mention) and (2), 75(3), 76(1), 80(2), 81, 83, 84, 86, 87(1) and (2), 88(1), 11
89 to 91, 93(1)(d), 100 (second mention), 103, 104(10), 105, 111, 112, 12
116(a), 123, 125 (second mention), 128, 130(n), 139(3), 151(1), 13
165(5)(c), 175(3) and (5), 176, 178(1), 186, 197, 198, 200, 202, 204(1) to 14
(3), (4)(b) (second mention) and (4)(c), 206, and 207(b) and (f) (second 15
mention), `commission'-- 16
omit, insert-- 17
`chief executive'. 18
7. Sections 12(c), 20(4), (6) and (8), 26(1), 31(1), 40, 43(4), 59(5) and 19
(7), 60(2), 61(1), 69(2), 72(1) (first mention), 105(3)(b), 111(1) (first 20
mention), 180(1) and (2), 186 and 204(3), `it'-- 21
omit, insert-- 22
`the chief executive'. 23
8. Sections 15(1), 35(1), 101(6) to (9), 102(1)(b) and 151(3), `officer of 24
the commission'-- 25
omit, insert-- 26
`corrective services officer'. 27
33
Corrective Services Legislation Amendment
SCHEDULE (continued)
9. Sections 17(1), 21(2), 36(1) and (3), 104(10)(d), 115(2), 119(5) and 1
120(2), `commission's'-- 2
omit, insert-- 3
`corrective services'. 4
10. Section 18(1), `chairperson of the commission'-- 5
omit, insert-- 6
`chief executive'. 7
11. Sections 20(2), 48, 62(1), 73(1), 88(3), 99(1), 100, 101(2), 102(1), 8
106(1), 109(1)(b), 132(3), 136(2), 138(2), 144(1)(b) and 151(2), `an 9
officer of the commission'-- 10
omit, insert-- 11
`a corrective services officer'. 12
12. Section 20(8), `its'-- 13
omit, insert-- 14
`his or her'. 15
13. Sections 22(2) and 28(1), `of the commission or'-- 16
omit. 17
14. Section 23(3)(c)-- 18
omit, insert-- 19
`(c) if the matter of complaint is not related to-- 20
(i) any function of the chief executive under this Act or the 21
Corrective Services (Administration) Act 1988; or 22
34
Corrective Services Legislation Amendment
SCHEDULE (continued)
(ii) any function of the chief executive under another Act 1
conferring functions on the chief executive in the context of 2
corrective services.'. 3
15. Sections 24(b), 25(4), 29(1), 109(1)(a) and 204(4), `an officer or 4
employee of the commission'-- 5
omit, insert-- 6
`a corrective services officer or employee'. 7
16. Sections 25(1), 30, 93(1)(f) and (g) and 98(2), `officer or employee 8
of the commission'-- 9
omit, insert-- 10
`corrective services officer or employee'. 11
17. Section 25(2), `An officer or employee of the commission'-- 12
omit, insert-- 13
`A corrective services officer or employee'. 14
18. Section 27(1), `an officer of the commission or is'-- 15
omit. 16
19. Section 34, heading, `Commission'-- 17
omit, insert-- 18
`Chief executive'. 19
20. Section 34, `the commission'-- 20
omit, insert-- 21
`the chief executive'. 22
35
Corrective Services Legislation Amendment
SCHEDULE (continued)
21. Sections 35(1)(c), 39(1), 59, 60(1), 69(1)(g), 70(3), 80(1), 87(1), 1
88(1)(b), 93(1)(c) and (d), 96(1) and 100, `by rule'-- 2
omit, insert-- 3
`under the corrective services rules'. 4
22. Section 39(9), `its'-- 5
omit, insert-- 6
`the chief executive's'. 7
23. Sections 45(1), 132 and 144(1)(b), `director-general'-- 8
omit, insert-- 9
`chief executive'. 10
24. Sections 46(1), 99(3), 101(3) and 106(2), `An officer of the 11
commission'-- 12
omit, insert-- 13
`A corrective services officer'. 14
25. Sections 47(2) and 96(2), `commission may make rules 15
prescribing'-- 16
omit, insert-- 17
`corrective services rules may prescribe'. 18
26. Section 56, `commission'-- 19
omit, insert-- 20
`State'. 21
36
Corrective Services Legislation Amendment
SCHEDULE (continued)
27. Section 60(4), `its'-- 1
omit. 2
28. Sections 61(3A) and 86(3A), `it's'-- 3
omit, insert-- 4
`the board's or the chief executive's'. 5
29. Sections 63(3) and 86(8), `commission's'-- 6
omit, insert-- 7
`chief executive's'. 8
30. Section 78, heading, `Commission'-- 9
omit, insert-- 10
`Chief executive'. 11
31. Section 78, `the commission'-- 12
omit, insert-- 13
`the chief executive'. 14
32. Section 93(1)(f) and (g), `commissioner,'-- 15
omit. 16
33. 97(1), definition "privileges", `by rule'-- 17
omit, insert-- 18
`under the corrective services rules'. 19
37
Corrective Services Legislation Amendment
SCHEDULE (continued)
34. Section 101(3), `or rule'-- 1
omit, insert-- 2
`and to the corrective services rules'. 3
35. Sections 104(10)(d), 115(2), 119(5) and 120(2), `commission's'-- 4
omit, insert-- 5
`corrective services'. 6
36. Section 106, heading, `officer of commission'-- 7
omit, insert-- 8
`corrective services officer'. 9
37. Section 109 (heading), `officers and employees of commission'-- 10
omit, insert-- 11
`corrective services officers and employees'. 12
38. Section 109(1)(a), `a commissioner,'-- 13
omit. 14
39. Section 119(1), `Law Courts and'-- 15
omit. 16
40. Sections 125 and 207(f), `under the seal of the commission or'-- 17
omit. 18
38
Corrective Services Legislation Amendment
SCHEDULE (continued)
41. Sections 125 and 207(f), after `signed by'-- 1
insert-- 2
`the chief executive or'. 3
42. Section 130(k), `officers or employees of the commission'-- 4
omit, insert-- 5
`corrective services officers and employees'. 6
7
43. Section 132(2)(b)-- 8
omit. 9
44. Section 132(3), `director-general's'-- 10
omit, insert-- 11
`chief executive's'. 12
45. Section 144(2)(b)-- 13
omit. 14
46. Section 144(2)(c), after `State'-- 15
insert-- 16
`, other than the member mentioned in subsection (1)(b)'. 17
47. Section 151(4), `officers of the commission'-- 18
omit, insert-- 19
`corrective services officers'. 20
39
Corrective Services Legislation Amendment
SCHEDULE (continued)
48. Section 160(2), `or the commission'-- 1
omit. 2
49. Section 180, heading, `Commission'-- 3
omit, insert-- 4
`Chief executive'. 5
50. Section 180(1) to (3), `the commission'-- 6
omit, insert-- 7
`the chief executive'. 8
51. Section 181, heading, `Commission'-- 9
omit, insert-- 10
`Chief executive'. 11
52. Section 181(1), `the commission'-- 12
omit, insert-- 13
`the chief executive'. 14
53. Section 194, heading, `Commission'-- 15
omit, insert-- 16
`Chief executive'. 17
54. Section 194, `the commission'-- 18
omit, insert-- 19
`the chief executive'. 20
40
Corrective Services Legislation Amendment
SCHEDULE (continued)
55. Section 201, heading, `Commission'-- 1
omit, insert-- 2
`Chief executive'. 3
56. Section 201, `the commission'-- 4
omit, insert-- 5
`the chief executive'. 6
57. Section 207(a), `commissioner or of any'-- 7
omit. 8
CORRECTIVE SERVICES (ADMINISTRATION) ACT 9
´
1988 10
1. Sections 20(1), 61(1) and 66(1), `Commission'-- 11
omit, insert-- 12
`chief executive'. 13
2. Section 20(1)(c), `its'-- 14
omit, insert-- 15
`corrective services'. 16
3. Section 20(2), `the Commission's'-- 17
omit, insert-- 18
`corrective services'. 19
41
Corrective Services Legislation Amendment
SCHEDULE (continued)
4. Section 20(3), from `shall'-- 1
omit, insert-- 2
`are the "corrective services rules".'. 3
5. Section 20(4)-- 4
omit, insert-- 5
`(4) The chief executive must bring the corrective services rules to the 6
notice of the persons to whom they apply.'. 7
6. Section 20(6), `under the seal of the Commission'-- 8
omit, insert-- 9
`by the chief executive'. 10
7. Section 23A, heading, `div 2A'-- 11
omit, insert-- 12
`div 2'. 13
8. Sections 23B, heading, 23C(2) and 51(3)(a), `commission's'-- 14
omit, insert-- 15
`chief executive's'. 16
9. Sections 23B(1), 23C(2) and (4)(c), 23E(1) to (3), 51 and 63(3), 17
`commission'-- 18
omit, insert-- 19
`chief executive'. 20
42
Corrective Services Legislation Amendment
SCHEDULE (continued)
10. Section 23C(1), `The commission'-- 1
omit, insert-- 2
`The chief executive'. 3
11. Section 23C(1) and (11), `commission entity'-- 4
omit, insert-- 5
`corrective services entity'. 6
12. Section 23C(5), `of the commission'-- 7
omit, insert-- 8
`of the chief executive (the "corrective services chief executive")'. 9
13. Section 23C(5), `commission' (second and third mentions)-- 10
omit, insert-- 11
`corrective services chief executive'. 12
14. Section 23C(8)(a), `an officer or employee of the commission'-- 13
omit, insert-- 14
`another corrective services officer or employee'. 15
15. Section 23C(8), `or officer or employee of the commission'-- 16
omit, insert-- 17
`or other corrective services officer or employee'. 18
16. Section 23C(9), `an officer or employee of the commission'-- 19
omit, insert-- 20
`a corrective services officer or employee'. 21
43
Corrective Services Legislation Amendment
SCHEDULE (continued)
17. Section 23C(11), example, `an officer of the commission'-- 1
omit, insert-- 2
`a corrective services officer'. 3
18. Section 23C(11), example, `directions of the commission'-- 4
omit, insert-- 5
`directions of the chief executive'. 6
19. Section 23C(11), example, `be the commission'-- 7
omit, insert-- 8
`be the chief executive'. 9
20. Section 23C(13), definitions "commission entity" and "defined 10
office holder"-- 11
omit. 12
21. Section 23E, heading, `Commission'-- 13
omit, insert-- 14
`Chief executive'. 15
22. Section 23E(3), `its'-- 16
omit, insert-- 17
`the chief executive's'. 18
23. Section 61(1), `commissioner or other'-- 19
omit. 20
44
Corrective Services Legislation Amendment
SCHEDULE (continued)
24. Section 63, heading, `Commission'-- 1
omit, insert-- 2
`State'. 3
25. Section 63(1), `Commission', (last mention)-- 4
omit, insert-- 5
`State'. 6
26. Section 63(1)(b), from `commissioners' to `Commission, or'-- 7
omit, insert-- 8
`corrective services officers or employees or'. 9
27. Section 63(1)(b) and (1B), `by the commission'-- 10
omit, insert-- 11
`by the chief executive'. 12
28. Section 63(1)(b), from `commissioner, or' to `of the 13
Commission,'-- 14
omit, insert-- 15
`corrective services officer or employee'. 16
29. Section 63(2), from `a commissioner' to `the secretary'-- 17
omit, insert-- 18
`the chief executive'. 19
45
Corrective Services Legislation Amendment
SCHEDULE (continued)
30. Section 63(2)(a), `Commission'-- 1
omit, insert-- 2
`State'. 3
31. Section 63(2), from `and, in' to `conclusive evidence'-- 4
omit. 5
32. Section 64(1), from `commissioner, or' to `the Commission--'-- 6
omit, insert-- 7
`corrective services officer or employee, the person must surrender to the 8
chief executive--'. 9
33. Section 64(1)(c), `Commission's Rules'-- 10
omit, insert-- 11
`corrective services rules'. 12
34. Section 64(1), `commissioner, officer or employee'-- 13
omit, insert-- 14
`corrective services officer or employee'. 15
35. Section 64(2), from `chairperson of' to `the chairperson,'-- 16
omit, insert-- 17
`chief executive'. 18
36. Section 64(2), `on behalf of the Commission'-- 19
omit, insert-- 20
`on behalf of the chief executive'. 21
46
Corrective Services Legislation Amendment
SCHEDULE (continued)
RIMINAL CODE 1
´C
1. Section 145B, `Corrective Services Commission'-- 2
omit, insert-- 3
`chief executive (corrective services)10'. 4
RIMINAL JUSTICE ACT 1989 5
´C
1. Section 3A(1)(da)-- 6
omit. 7
RIMINAL LAW (REHABILITATION OF 8
´C
OFFENDERS) ACT 1986 9
1. Section 9A(1), table, column 1, item 2-- 10
omit, insert-- 11
`2. Person employed in the 12
department in which the Corrective 13
Services (Administration) Act 1988 14
is administered as a corrective 15
services officer or employee under 16
that Act.'. 17
18
10 For the definition of "chief executive (corrective services)", see Corrective
Services (Administration) Act 1988, section 7(6).
47
Corrective Services Legislation Amendment
SCHEDULE (continued)
CRIMINAL OFFENCE VICTIMS ACT 1995 1
´
1. Schedule 3, definition "law enforcement officer", `an officer of the 2
corrective services commission'-- 3
omit, insert-- 4
`a corrective services officer11'. 5
HEALTH RIGHTS COMMISSION ACT 1991 6
´
1. Schedule 1, part 2, item 3, `of the Corrective Services Commission or 7
of'-- 8
omit. 9
JUVENILE JUSTICE ACT 1992 10
´
1. Section 5, definition "commission"-- 11
omit. 12
2. Section 48(2)(d), `Queensland Corrective Services Commission'-- 13
omit, insert-- 14
`chief executive (corrective services)12'. 15
11 For the definition of "corrective services officer", see Corrective Services
(Administration) Act 1988, section 7(4).
12 For the definition of "chief executive (corrective services)", see Corrective
Services (Administration) Act 1988, section 7(6).
48
Corrective Services Legislation Amendment
SCHEDULE (continued)
3. Sections 107C(2), 173(4), 211(4A) and 224AA(3)(d), `commission'-- 1
omit, insert-- 2
`chief executive (corrective services)'. 3
4. Section 204(4)(c), `an officer of the Queensland Corrective Services 4
Commission as defined'-- 5
omit, insert-- 6
`a corrective services officer13'. 7
5. Section 204(4)(d), `Queensland Corrective Services Commission'-- 8
omit, insert-- 9
`chief executive (corrective services)'. 10
MENTAL HEALTH ACT 1974 11
´
1. Section 5(1), definition "Commission"-- 12
omit. 13
2. Sections 31(1A)(a), (2A) and (4), 42 and 43(1B)(a), (3), (5A), (6D), 14
(9) and (10), `Commission'-- 15
omit, insert-- 16
`chief executive (corrective services)14'. 17
13 For the definition of "corrective services officer", see Corrective Services
(Administration) Act 1988, section 7(4).
14 For the definition of "chief executive (corrective services)", see Corrective
Services (Administration) Act 1988, section 7(6).
49
Corrective Services Legislation Amendment
SCHEDULE (continued)
PAROLE ORDERS (TRANSFER) ACT 1984 1
´
1. Section 12, `an officer or employee of the corrective services 2
commission'-- 3
omit, insert-- 4
`a corrective services officer or employee15'. 5
ENALTIES AND SENTENCES ACT 1992 6
´P
1. Section 4, definition "commission"-- 7
omit. 8
2. Section 4, definition "approved form", `commission'-- 9
omit, insert-- 10
`chief executive (corrective services)16'. 11
3. Section 4, definition "authorised commission officer", 12
`commission'-- 13
omit, insert-- 14
`corrective services'. 15
15 For the definition of "corrective services officer", see Corrective Services
(Administration) Act 1988, section 7(4). For the definition of "corrective
services employee", see Corrective Services (Administration) Act 1988,
section 7(5).
16 For the definition of "chief executive (corrective services)", see Corrective
Services (Administration) Act 1988, section 7(6).
50
Corrective Services Legislation Amendment
SCHEDULE (continued)
4. Section 4A,`commission officer'-- 1
omit, insert-- 2
`corrective services officer17'. 3
5. Section 4A(1)(a)(i)-- 4
omit, insert-- 5
`(i) a corrective services officer or employee18 under the 6
Corrective Services (Administration) Act 1988; or'. 7
6. Sections 4A(1)(b) and (2), 10(1)(c), 64(c), 68(3), 74(3)(a), 81(2), (4) 8
and (6), 85(3), 122(2) and (4), 136(1)(c) and (2), 137(2)(b), 142, 9
158(2)(e), 161(3)(e) and (5)(c) and 176(1)(a), `commission'-- 10
omit, insert-- 11
`chief executive (corrective services)'. 12
7. Sections 9(2)(n), 57(2), 66(1)(a) to (f), 67, 68(2), 81(1)(a)(ii) and (3), 13
92(1), 93(1)(b) to (g), 95(1)(c), 103(1)(b) to (g), 105(1)(c), 114(1)(b) to 14
(i) and (2), 116(1)(c), 122(1)(a)(ii) and (3), 128(4)(c), 129(4)(c), 133, 135, 15
139(1), 146A(1)(b) and 174(2), `commission'-- 16
omit, insert-- 17
`corrective services'. 18
8. Section 74(1), `authorised commission officer'-- 19
omit, insert-- 20
`authorised corrective services officer'. 21
17 For the definition of "corrective services officer", see Corrective Services
(Administration) Act 1988, section 7(4).
18 For the definition of "corrective services employee", see Corrective Services
(Administration) Act 1988, section 7(5).
51
Corrective Services Legislation Amendment
SCHEDULE (continued)
9. Section 74(1), `the commission'-- 1
omit, insert-- 2
`the chief executive (corrective services)'. 3
10. Section 84(1), `under the seal of the commission, or'-- 4
omit. 5
11. Section 84(1), `an authorised commission officer'-- 6
omit, insert-- 7
`the chief executive (corrective services) or an authorised corrective 8
services officer'. 9
12. Section 84(2), `commission's opinion'-- 10
omit, insert-- 11
`opinion of the chief executive (corrective services)'. 12
UBLIC TRUSTEE ACT 1978 13
´P
1. Section 92(1), `Queensland Corrective Services Commission 14
(the "commission")'-- 15
omit, insert-- 16
`chief executive (corrective services)19'. 17
19 For the definition of "chief executive (corrective services)", see Corrective
Services (Administration) Act 1988, section 7(6).
52
Corrective Services Legislation Amendment
SCHEDULE (continued)
2. Section 92(2), `by it the commission'-- 1
omit, insert-- 2
`, the chief executive (corrective services)'. 3
3. Sections 92(2)(c) and (4) to (7) and 93(1), (3) and (4), 4
`commission'-- 5
omit, insert-- 6
`chief executive (corrective services)'. 7
4. Section 92(6), `it'-- 8
omit, insert-- 9
`the chief executive (corrective services)'. 10
5. Section 92(7), `it,'-- 11
omit. 12
6. Section 93(2), `by the commission it'-- 13
omit, insert-- 14
`, the chief executive (corrective services)'. 15
UPERANNUATION (STATE PUBLIC SECTOR) ACT 16
´S
1990 17
1. Section 2(1), definition "unit of the State public sector", 18
paragraph (d)-- 19
omit. 20
53
Corrective Services Legislation Amendment
SCHEDULE (continued)
EAPONS ACT 1990 1
´W
1. Section 2(8), definition "government services entity", 2
paragraph (c)-- 3
omit. 4
HISTLEBLOWERS PROTECTION ACT 1994 5
´W
1. Schedule 3, examples under section 26(1)(a) of the Act, item 3 and 6
examples under section 26(1)(b) of the Act, item 4, `a prison officer 7
employed by the Corrective Services Commission'-- 8
omit, insert-- 9
`a custodial correctional officer under the Corrective Services 10
(Administration) Act 1988'. 11
2. Schedule 3, examples under section 26(1)(a) of the Act, item 3 and 12
examples under section 26(1)(b) of the Act, item 4, `another prison 13
officer'-- 14
omit, insert-- 15
`another custodial correctional officer'. 16
3. Schedule 3, examples under section 26(1)(a) of the Act, `the 17
Corrective Services Commission'-- 18
omit, insert-- 19
`the department in which he or she is employed'. 20
54
Corrective Services Legislation Amendment
4. Schedule 3, examples under section 26(1)(a) of the Act, `The 1
Corrective Services Commission'-- 2
omit, insert-- 3
`The department'. 4
WORKCOVER QUEENSLAND ACT 1996 5
´
1. Section 23(1)(b), `Queensland Corrective Services Commission'-- 6
omit, insert-- 7
`chief executive (corrective services)20'. 8
© State of Queensland 1999
20 For the definition of "chief executive (corrective services)", see Corrective
Services (Administration) Act 1988, section 7(6).
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