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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Public Sector (Victims
Protection) Bill 2005
Queensland
Public Sector (Victims Protection)
Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Compensation
4 Entitlement to compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 When compensation is not payable . . . . . . . . . . . . . . . . . . . . . . . 5
6 Application for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Notice about decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 3 Appeal
10 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
14 Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 4 Miscellaneous
15 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2005
A Bill
for
An Act to provide for the payment of compensation to public
sector officials who are victims of crime in the course of
performing their functions
s1 4 s4
Public Sector (Victims Protection) Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Public Sector (Victims 4
Protection) Act 2005. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Dictionary 8
The dictionary in the schedule defines particular words used 9
in this Act. 10
Part 2 Compensation 11
4 Entitlement to compensation 12
(1) This section applies if-- 13
(a) a public sector official or the relative of a public sector 14
official suffers loss of, or damage to, property as a result 15
of a violation by another person of the State's criminal 16
laws; and 17
(b) the loss or damage arises out of the official's lawful 18
performance of his or her functions as a public sector 19
official or because of the official's employment as a 20
public sector official. 21
(2) Subject to this Act, the public sector official or relative is 22
entitled to be paid just and reasonable compensation for the 23
loss or damage. 24
s5 5 s7
Public Sector (Victims Protection) Bill 2005
5 When compensation is not payable 1
Compensation is not payable to the public sector official or 2
relative for loss or damage to the extent that an amount for the 3
loss or damage is recovered or recoverable by the official or 4
relative under a policy of insurance. 5
6 Application for compensation 6
(1) A public sector official or relative who suffers loss or damage 7
mentioned in section 4(1) may apply to the relevant chief 8
executive for the official for compensation for the loss or 9
damage. 10
(2) The application must be made in writing within 90 days after 11
the public sector official or relative suffers the loss or damage. 12
(3) The application must state-- 13
(a) details of the public sector official's or relative's loss or 14
damage and the circumstances in which it happened; 15
and 16
(b) the amount of compensation claimed and the grounds 17
for the amount claimed. 18
(4) The applicant must also provide any other relevant 19
information reasonably required by the relevant chief 20
executive. 21
(5) Despite subsection (2), a relevant chief executive may accept 22
a public sector official's or relative's application for 23
compensation made more than 90 days after the official or 24
relative suffers the loss or damage if the chief executive is 25
satisfied it would be reasonable in all the circumstances to 26
accept the application. 27
7 Lapsing of application 28
(1) If an application for compensation is made under this Act, the 29
relevant chief executive may make a requirement under 30
section 6(4) for information to decide the application by 31
giving the applicant a notice stating-- 32
(a) the required information; and 33
s8 6 s9
Public Sector (Victims Protection) Bill 2005
(b) the time by which the information must be given to the 1
chief executive; and 2
(c) that, if the information is not given to the chief executive 3
by the stated time, the application will lapse. 4
(2) The stated time must be reasonable and, in any case, at least 5
21 days after the requirement is made. 6
(3) The relevant chief executive may give the applicant a further 7
notice extending or further extending the time if the chief 8
executive is satisfied it would be reasonable in all the 9
circumstances to give the extension. 10
(4) A notice may be given under subsection (3) even if the time to 11
which it relates has lapsed. 12
(5) If the applicant does not comply with the requirement within 13
the stated time, or any extension, the application lapses. 14
8 Deciding application 15
(1) The relevant chief executive must consider and decide an 16
accepted application within 60 days after the last of the 17
following to happen-- 18
(a) the chief executive receives the application; 19
(b) the chief executive receives all necessary information to 20
decide the application. 21
(2) If the relevant chief executive has not decided an accepted 22
application within the period stated in subsection (1) for the 23
application, the chief executive is taken to have refused to pay 24
the compensation. 25
(3) In this section-- 26
accepted application means an application made under 27
section 6(1) or an application the chief executive accepts 28
under section 6(5). 29
9 Notice about decision 30
As soon as practicable after deciding the application, the chief 31
executive must give the applicant a written notice stating all of 32
the following-- 33
s 10 7 s 11
Public Sector (Victims Protection) Bill 2005
(a) the decision and the reasons for it; 1
(b) if the chief executive decides to pay compensation-- 2
(i) details of the amount and how the amount was 3
assessed; and 4
(ii) if the amount is less than the amount claimed--that 5
the applicant may appeal against the decision, and 6
how the applicant may appeal; 7
(c) if the chief executive decides not to pay 8
compensation--that the applicant may appeal against 9
the decision, and how the applicant may appeal. 10
Part 3 Appeal 11
10 Who may appeal 12
An applicant for the payment of compensation who is 13
dissatisfied with the chief executive's decision to refuse to pay 14
compensation or about the amount of compensation to be paid 15
may appeal against the decision. 16
11 Starting an appeal 17
(1) The appeal may be started at-- 18
(a) a Magistrates Court at the place where the person 19
resides or is employed; or 20
(b) a Magistrates Court at Brisbane. 21
(2) The notice of appeal under the Uniform Civil Procedure Rules 22
1999 must be filed with the registrar of the court within 23
28 days after-- 24
(a) the day the person is given notice of the decision under 25
section 9; or 26
(b) the day the decision is taken to have been made under 27
section 8(2). 28
s 12 8 s 15
Public Sector (Victims Protection) Bill 2005
(3) The court may, at any time, extend the time for filing the 1
notice of appeal. 2
12 Hearing procedures 3
(1) In hearing the appeal, the court is not bound by the rules of 4
evidence and must comply with natural justice. 5
(2) The appeal is by way of rehearing, unaffected by the chief 6
executive's decision, on the material before the chief 7
executive and any further evidence allowed by the court. 8
13 Powers of court on appeal 9
(1) In deciding the appeal, the court may confirm the chief 10
executive's decision or substitute another decision the chief 11
executive could have made for the chief executive's decision. 12
(2) The relevant chief executive must give effect to the court's 13
decision. 14
14 Appeal to District Court 15
An appeal lies to the District Court from a decision of a 16
Magistrates Court under section 13, but only on a question of 17
law. 18
Part 4 Miscellaneous 19
15 Regulation-making power 20
The Governor in Council may make regulations for this Act. 21
9
Public Sector (Victims Protection) Bill 2005
Schedule Dictionary 1
section 3 2
health practitioner registration Act means any 1 of the 3
following Acts-- 4
· Chiropractors Registration Act 2001 5
· Dental Practitioners Registration Act 2001 6
· Dental Technicians and Dental Prosthetists Registration 7
Act 2001 8
· Medical Practitioners Registration Act 2001 9
· Medical Radiation Technologists Registration Act 2001 10
· Occupational Therapists Registration Act 2001 11
· Optometrists Registration Act 2001 12
· Osteopaths Registration Act 2001 13
· Pharmacists Registration Act 2001 14
· Physiotherapists Registration Act 2001 15
· Podiatrists Registration Act 2001 16
· Psychologists Registration Act 2001 17
· Speech Pathologists Registration Act 2001. 18
health professional means-- 19
(a) a person registered under a health practitioner 20
registration Act; or 21
(b) a person enrolled, registered or authorised to practise 22
under the Nursing Act 1992; or 23
(c) a person, other than a person referred to in paragraph (a) 24
or (b), who provides a health service, including, for 25
example, a social worker. 26
health service has the meaning given by the Health Services 27
Act 1991, section 2. 28
public sector official means any of the following-- 29
10
Public Sector (Victims Protection) Bill 2005
Schedule (continued)
(a) a public service employee; 1
(b) a police officer; 2
(c) a health service employee under the Health Services Act 3
1991; 4
(d) a health professional, other than a person mentioned in 5
paragraph (c), engaged in delivering a health service on 6
behalf of the State; 7
(e) a person who, under the Education (General Provisions) 8
Act 1989, is a teacher at a State educational institution; 9
(f) a person who is-- 10
(i) a fire officer under the Fire and Rescue Service Act 11
1990; or 12
(ii) an ambulance officer under the Ambulance Service 13
Act 1991; or 14
(iii) an SES member, an ESU member or another 15
person performing functions under the Disaster 16
Management Act 2003; 17
(g) another person prescribed under a regulation for this 18
paragraph to be a public sector official. 19
relative, of a public sector official, means a person who-- 20
(a) is the spouse or a child or other dependant of the 21
official; and 22
(b) resides with the official. 23
relevant chief executive, for a public sector official, means 24
the chief executive (however described) of the public sector 25
unit or other entity for whom the public sector official is 26
performing functions. 27
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