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Intellectually Disabled Citizens Amendment Bill 1993
INTELLECTUALLY DISABLED
CITIZENS AMENDMENT BILL 1993
EXPLANATORY NOTES
GENERAL OUTLINE
Objective of the Legislation
This Bill is for an Act to amend the Intellectually Disabled Citizens Act
1985 (the Act).
The Bill amends certain sections of the Act in order to improve the
efficiency and effectiveness of the Intellectually Disabled Citizens Council
of Queensland (the Council). Several sections are also amended to conform
to other legislation or clarify the intent of the legislation.
Reasons for the Bill
No major changes to the general philosophy or intent of the legislation
are included in the Bill. It was considered that no major amendments should
be considered at this time while the Queensland Law Reform Commission
was working on a reference from the Attorney-General to review the Act
and related legal issues affecting people with intellectual disabilities. The
Commission's Report is expected to be published later this year.
The reasons for the Bill come from a review of the operations of the
Council, the workload of which has considerably increased. The Bill will
achieve:
* reduction of delays experienced by applicants through making it
more workable for panels (of Council members and specifically
appointed panel members) to consider applications and reducing
quorum requirements for the Council to determine these matters
after a panel consideration and through provision for the
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Intellectually Disabled Citizens Amendment Bill 1993
appointments of two Deputy Chairpersons (in lieu of one Acting
Chairperson);
* clarification of the term "professional treatment and care" to
avoid confusion;
* clarification of the provision dealing with supply of information,
to remove any doubt that the Council has the authority to require
persons with information about an applicant to provide that
information to the Council to enable it to consider an application
that is before it; and
* protection from liability of the Minister, Council members, panel
members and the Legal Friend when they are acting under the
Act, with liability attaching to the State.
Estimated Cost for Government Implementation
There will be no net additional cost to Government. Any increased costs
for panel meetings will be offset by efficiencies in handling the business of
the Council.
Consultation
Consultation has been undertaken with other interested departments and
the Chairperson of the Council.
NOTES ON PROVISIONS
Clause 1 sets out the short title of the Bill.
Clause 2 states that the principal Act is amended as set out in the Bill.
Clause 3 omits section 2 dealing with the arrangement of the Act and
section 3 which provided for repeal and amendment of legislation that
preceded the Act.
Clause 4 omits and amends certain definitions in accordance with other
legislation and style consistency.
Clause 5 omits section 6 which deals with the administration of the Act
and which is now redundant.
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Intellectually Disabled Citizens Amendment Bill 1993
Clause 6 omits and inserts a new section 8. The substantive change in the
new section allows for the appointment of two Deputy Chairpersons in lieu
of one Acting Chairperson. Provisions omitted include those that are
redundant through the operation of the Acts Interpretation Act and an age-
discriminatory provision that excluded a person who had attained the age of
70 years from being a member of the Council.
Clause 7 simplifies the wording of section 9 dealing with the term of
appointment of a member.
Clause 8 omits section 10 which provides for the filling of casual
vacancies. This does not require specific provision in the Act.
Clause 9 makes a change to the drafting style in the description of certain
situations which lead to the office of a member of the Council becoming
vacant. It also removes an age-discriminatory provision which required that
the office became vacant on a member attaining the age of 70 years.
Clause 10 simplifies the wording of sub-sections dealing with the
appointment of panel numbers and corrects a reference to the Workers
Compensation Act 1990.
Clause 11(1) omits certain words which are unnecessary because of the
definition of "member" in the Act.
Clause 11(2) revises the description of certain persons who as far as
possible should not be a member of a panel, consistent with other similar
changes.
Clause 12 omits and replaces section 14 in relation to the payment of
fees and allowances to clarify that panel members may be paid fees and
allowances. It also has the effect of removing unnecessary provisions so
that these allowances are paid simply as determined by the Governor in
Council and expenses as approved by the chief executive.
Clause 13 omits certain words which are not necessary following the
amendment to section 14.
Clause 14 omits sections relating to quorum and meetings and replaces
them with new sections 18 and 19. The effect of the new provision in
relation to quorum (section 18) is that when a meeting of the Council is
considering a report and recommendation of a panel, a quorum of three
members is sufficient. This will have the effect of increasing the efficiency
of the Council, enabling more than one meeting to proceed at the same time.
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Intellectually Disabled Citizens Amendment Bill 1993
A panel member who is not a Council member could not be part of the
quorum but may attend the meeting to present a report and
recommendations.
The new provision in relation to meetings (section 19) reflects these
changes and specifies who is to preside over the meeting, including a
nominee of the Chairperson. This new provision also provides specifically
that two or more meetings of the Council may be held concurrently for the
purpose of considering a report and recommendations from a panel.
Clause 15 reflects other changes and replaces the word Chairman with
the words "person presiding".
Clause 16 simplifies section 21 by simply providing that the Council
must keep minutes of its proceedings. It also omits sub-section (2) which is
unnecessary as section 17 sufficiently provides for the conduct of the
business of the Council.
Clause 17 omits a procedural provision which does not need to be
specifically provided for in the Act.
Clause 18(1) clarifies the reference to the term "professional treatment
and care" adding the explanatory words "whether a single item of treatment
or care, or a course of treatment or care over a period".
Clause 18(2) amends sub-section 26(5) to clarify the steps which the
Legal Friend must take in considering an application for a consent.
Previously the provision could be interpreted as confining this requirement
to situations where the Legal Friend was actually giving a consent. The new
provision clarifies that the Legal Friend must also take the required steps of
consultation with relatives and other persons in any activity preliminary to
deciding whether a consent should be given or withheld.
Clause 18(3) omits paragraph 26 (5)(d) and inserts a new subsection
26(5)(A), which is unchanged apart from style and to make it consistent
with the amendment to subsection 26(5).
Clause 18(4) clarifies provisions relating to the Legal Friend delegating
powers under the Act to a barrister or a solicitor by omitting provisions that
are unnecessary, pursuant to the Acts Interpretation Act.
Clause 18(5) is similar to Clause 18(1) in the clarification and
explanation of the reference to the term "professional treatment and care".
Clause 18(6) renumbers references to amended sub-sections.
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Intellectually Disabled Citizens Amendment Bill 1993
Clause 19 corrects the reference to "a police officer" and revises the
terms "adult relative of the citizen" and "any other adult" for consistency
with other changes made to the Act.
Clause 20 revises a reference for the term "any other adult" for the
purposes of consistency.
Clause 21 omits and inserts a new section 31(1) relating to information
which may be requested by the Council. It removes the term "functional
competence of a citizen" which has been interpreted more narrowly than
necessary for the Council to be able to obtain all the information required
for the purposes of the Act.
The new section provides that the Council may request "information
relating to the consideration of an application under section 27 or the
conduct of a review under section 28". It further provides that the person to
whom the request is directed must comply with the request "to the extent
that the person is able".
Clause 22(1) corrects in section 31A(4)(a) a reference to sub-section
(3)(b), to confine its operation to paragraphs (ii) or (iii) of sub-section
(3)(b). It excludes to the situation in paragraph (i) of the sub-section where a
citizen is competent in law to make informed decisions by him/herself.
Clause 22(2) omits a reference to a specific section, namely section
26(1)(a) which had the effect of restricting the Council to approving of
support and assistance to the citizen by a relative to one particular
circumstance rather than this being able to be provided more generally, as
will now be the case.
Clause 23 clarifies a reference to the term "assisted citizen" for the
purposes of this section.
Clause 24 makes a style change to the reference to the terms
"proceedings" and "property" in the Pubic Trustee Act 1978.
Clause 25 corrects a reference to the term "police officer".
Clause 26 omits section 47 which provides for the service of notices.
This provision is now redundant because of the operation of section 39 of
the Acts Interpretation Act. Clause 26 also omits section 48 dealing with
regulations, which is replaced in clause 28.
Clause 27 renumbers section 49 as section 47.
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Intellectually Disabled Citizens Amendment Bill 1993
Clause 28 inserts a new section 48 which provides for the Minister, a
member of Council, a panel member and the Legal Friend to be protected
from liability of a civil nature "for an Act or omission done or omitted to be
done honestly and without negligence under this Act".
It further provides that liability that would attach to a person to whom
this provision applies attaches instead to the State.
Clause 28 also inserts a new section 49 dealing with the regulation
making power of the Act (replacing the existing section 48, which is
omitted by clause 26). This revision is in consequence of the operation of
section 22 of the Statutory Instruments Act.
© The State of Queensland 1993