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Justice and Other Legislation Amendment Bill 2008
Justice and Other Legislation Amendment
Bill 2008
Explanatory Notes
Objectives of the Bill
The primary objective of the Bill is to make minor or technical amendments
to Acts administered by the Attorney-General and Minister for Justice and
Minister Assisting the Premier in Western Queensland. These Acts
include:
· Anti-Discrimination Act 1991
· Associations Incorporation Act 1981
· Bail Act 1980
· Childrens Court Act 1992
· Children Services Tribunal Act 2000
· Civil Liability Act 2003
· Classification of Films Act 1991
· Crime and Misconduct Act 2001
· Criminal Code
· Dispute Resolution Centres Act 1990
· District Court of Queensland Act 1967
· Evidence Act 1977
· Judges (Pensions and Long Leave) Act 1957
· Justice and Other Legislation Amendment Act 2007
· Justices Act 1886
· Justices of the Peace and Commissioners for Declarations Act
1991
· Land Court Act 2000
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Justice and Other Legislation Amendment Bill 2008
· Magistrates Act 1991
· Oaths Act 1867
· Ombudsman Act 2001
· Penalties and Sentences Act 1992
· Professional Standards Act 2004
· Public Trustee Act 1978
· Small Claims Tribunals Act 1973
· Solicitor-General Act 1985
· Supreme Court Act 1995
The Bill also:
· makes minor amendments to the Domestic and Family Violence
Protection Act 1989 and the Juvenile Justice Act 1992 which are
administered by the Minister for Communities, Minister for
Aboriginal and Torres Strait Islander Partnerships, Minister for
Seniors and Youth; and to the Industrial Relations Act 1999 which
is administered by the Minister for Transport, Trade, Employment
and Industrial Relations;
· amends the Financial Transaction Reports Act 1992 to ensure that
Queensland's law enforcement agencies, the Queensland Police
Service (QPS) and the Crime and Misconduct Commission
(CMC), can request further information and documents about
financial transactions reported under the Commonwealth's
Anti-Money Laundering and Counter-Terrorism Financing Act
2006;
· amends the Professional Standards Act 2004 to allow recognition
in Queensland of a scheme approved in another State or Territory
to limit the occupational liability of members; and
· amends the Recording of Evidence Act 1962 to specifically
authorise continuous court recording and prohibit access to, and
allow the destruction of, records and transcripts while the court is
not in-session.
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Justice and Other Legislation Amendment Bill 2008
Reasons for the Bill
Minor or technical amendments
The Attorney-General and Minister for Justice and Minister Assisting the
Premier in Western Queensland is responsible for the administration of
approximately 190 Acts. Periodically, these Acts are examined to identify
minor amendments that can be made to ensure that the Acts continue to
operate in the manner intended.
Amendments to the Financial Transaction Reports Act 1992
Under the Financial Transaction Reports Act 1988 (Cwth) (the Cwth FTR
Act), `cash dealers' are required to report suspicious financial transactions
to the Australian Transaction Reports and Analysis Centre (AUSTRAC).
A cash dealer includes a financial institution; an insurer or insurance
intermediary; a person who carries on a business of issuing, selling or
redeeming traveller's cheques, money orders or similar instruments; and a
bullion seller.
From 12 December 2008, `cash dealers' who constitute `reporting entities'
will not be reporting under the Cwth FTR Act but instead under the
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
(Cwth) (the AMLCTF Act). Reporting entities incorporate the financial
and gambling sectors, bullion dealers and other professionals or businesses
that provide a `designated service'; for example transactions relating to
finances, bullion and betting.
The Financial Transaction Reports Act 1992 (Qld) (the Qld FTR Act) was
passed as national uniform legislation to take account of the Cwth FTR
Act. It ensures that Queensland's law enforcement agencies, the QPS and
the CMC, can request further information and documents about
transactions reported under the Cwth FTR Act by cash dealers.
The amendments to the Qld FTR Act contained in this Bill are required to
ensure that Queensland's law enforcement agencies can request further
information and documents about transactions reported under the
AMLCTF Act by reporting entities.
Amendment relating to professional standards
The Professional Standards Act 2004 is part of a national scheme that
establishes a Professional Standards Council in each State and Territory.
The Councils have the task of assessing applications made to them by
occupational associations for approval of schemes to limit the occupational
liability of members.
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Justice and Other Legislation Amendment Bill 2008
There is complementary, but not uniform, professional standards
legislation in all States and Territories. The legislation sets out the
limitations of liability as well as the general requirements for schemes
including: insurance, continuing professional development, risk
management strategies and disciplinary regimes.
The amendments to the Professional Standards Act 2004 contained in this
Bill implement a decision of the Standing Committee of Attorneys-General
(SCAG) to amend respective professional standards legislation to provide
for the mutual recognition of schemes. The purpose of mutual recognition
is to reduce the duplication and inefficiency that currently exists where a
professional wishes to have capped liability outside their home jurisdiction
and to provide a more seamless national system of professional standards
legislation.
Amendment relating to recording of evidence
The majority of Queensland Courts utilise a continuous digital recording
system to make an audio record of legal proceedings. This system operates
24 hours a day, seven days a week.
Concerns have recently been expressed about the recording of private
conversations while court is not in-session via the continuous digital
recording system. Concerns have also been expressed that the current
legislation does not permit the system or the dissemination of recordings
while the court is not in-session.
The Bill addresses these concerns by amending the Recording of Evidence
Act 1962 to specifically authorise continuous court recording and prohibit
access to, and allow the destruction of, records and transcripts while the
court is not in-session.
Achievement of the Objectives
The Bill achieves the objectives by making the amendments to the
legislation as described below.
Estimated Cost for Government Implementation
Implementation of the Bill is not expected to result in any additional costs
to Government.
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Justice and Other Legislation Amendment Bill 2008
Consistency with Fundamental Legislative Principles
Legislation should not confer immunity from proceeding or prosecution
without adequate justification (Legislative Standards Act 1992, section
4(3)(h)). The amendments to the Civil Liability Act 2003 remove civil
liability for food donor re-distributors. However, this amendment is not
likely to adversely affect individuals given that food re-distributors will
have to meet a number of conditions before they are protected.
Furthermore, the amendments do not extend to protect the charitable
organisation that actually provides the food to needy and disadvantaged
people. It remains open for these organisations to be sued as well as their
employees given they are appropriately placed to ensure the safety of their
clients and/or the public and should be responsible for their actions. In any
event, the interests of the wider community and the affordability of pubic
liability insurance outweigh any potential adverse affect on individuals.
The existing section 39(2) of the Civil Liability Act 2003 provides that a
person does not incur personal civil liability in relation to any act or
omission done or made by the person, when donating food in the
circumstances mentioned in subsection (3), giving rise to harm resulting
from the consumption of the food. The definition of person in the Acts
Interpretation Act 1954 is not limited to an individual. However, to remove
doubt, an amendment is being made to clarify that the food donor
provisions also apply to entities, including corporations. A provision is also
included to declare that the existing provisions have protected entities,
other than individuals, since commencement. These amendments are
consistent with the original intention of the food donor provisions to allow
people and organisations who donate food to the homeless and
disadvantaged to be protected from civil liability actions.
The amendment to the Anti-Discrimination Act 1991 also provides
protection and immunity for: members of the Anti-Discrimination Tribunal
(the Tribunal); the registrar of the Tribunal; parties appearing before the
Tribunal; and a person appearing as a witness before the Tribunal, when
they are performing their functions or exercising their powers. It is
appropriate that a person acting judicially or as part of the judicial process
should be free of personal attack on the basis of illegal or negligent action
when performing their roles or appearing as a party or witness in a hearing.
The immunity will ensure that these persons can act with appropriate
confidence in carrying out their roles in the community interest. Such roles
would be difficult to carry out if the office holders or others were subject to
allegations and litigation taken against them personally for their actions in
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Justice and Other Legislation Amendment Bill 2008
office. Given the nature of their roles, their decisions are also normally
subject to the supervision of appeal courts, that is, there is usually an
immediate mechanism to correct their decisions at some level. Also,
liability is generally not shifted to the State in these circumstances. It is
noted that the amendment will provide the same level of protection and
immunity to the Anti-Discrimination Tribunal that other Tribunals have
such as, the Children's Services Tribunal, Guardianship and
Administration Tribunal and the Commercial and Consumer Tribunal.
The amendments to the Financial Transaction Reports Act 1992 may also
have insufficient regard to the rights and liberties of individuals. The
amendments extend the power of the QPS and CMC to obtain information
and documents about financial transactions without judicial warrant.
However, these powers mirror the existing scheme, under which
Commonwealth and State legislation confers similar powers of
investigation to both Commonwealth and State law enforcement agencies.
Additionally, the following safeguards guard against an unwarranted
invasion of an individual's privacy:
· the Qld FTR Act, as well as the Crime and Misconduct Act 2001,
contain specific secrecy provisions;
· under certain Commonwealth provisions, the entity must have a
`reasonable suspicion' before their reporting obligation is
triggered;
· the information or documents requested must be information or
documents which may be relevant to the investigation, or
prosecution of a person for an offence against the law of the State
or may be of assistance in the enforcement of Queensland's
confiscation legislation; and
· the amendments will insert a specific protection for legal
professional privilege.
The amendments to the Justices of the Peace and Commissioners for
Declarations Act 1991 contain a delegation of legislative power, insofar as
new subsection 17(5) allows the Minister to exempt an applicant from a
disqualification mentioned in new subsection (1)(f) or (2). However, this
clause is justified on the basis that it is a continuation of current practice
and that it is needed to deal with special circumstances and the broad range
of offences which could be captured by the subsections. It is noted that the
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Justice and Other Legislation Amendment Bill 2008
clause has a very narrow application, and that the remaining
disqualification provisions would continue to apply.
The Bill also includes amendments to the Magistrates Act 1991 which
retrospectively validate directions given to current and past acting
magistrates about when they were to carry out the functions and duties of a
magistrate as well as payments, remuneration and allowances paid for the
periods they have carried out the functions and duties of a magistrate.
These amendments are necessary to clarify the operation of provisions
relating to acting magistrates to reflect current practice and ensure they
support the flexible and responsive engagement of magistrates to suit court
needs. The amendments also address the issue of potential liability for
remuneration and entitlements for past periods during which acting
magistrates were not actually engaged in performing the duties and
functions of a magistrate. This amendment does not adversely affect the
rights and liberties of any person given they could not have expected to be
paid the entitlements and remuneration of an acting magistrate for periods
during which they were not performing those duties.
The amendments to the Ombudsman Act 2001 extend the circumstances in
which the Ombudsman may disclose information obtained in a preliminary
inquiry or investigation or the performance of another of the Ombudsman's
functions. This raises the issue of privacy and confidentiality rights. The
amendments are justified in that they are subject to appropriate safeguards
and allow disclosure only for specified purposes that are in the public
interest. In the first instance, disclosure is permitted only where the
information has been de-identified and is provided to assist other agencies
with their administrative practices and procedures or for research purposes.
In the second instance, disclosure is permitted where the Ombudsman
considers that the agency has a proper interest in the information for the
performance of its functions and the disclosure is for the purpose of
protecting the health, safety or security of a person or property.
The amendment to the Professional Standards Act 2004 to extend the time
for review of the Act from 2 years to 5 years will have a retrospective
effect. However, this amendment will not affect any persons other than the
State given there is currently insufficient information to commence a
review of the legislation.
The amendment to the Recording of Evidence Act 1962 to prohibit access
to out-of-session recordings will also have a retrospective effect. However
this amendment will not adversely affect the rights and liberties of
individuals on the basis that:
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Justice and Other Legislation Amendment Bill 2008
· No access to out-of-session recordings was ever intended under
the Act. Out-of-session recordings are only made as part of the
continuous recording functionality of the digital recording
system. This function is vital for ensuring that temporary audio
backup is available in the event of human or system error in
relation to in-session court recordings.
· Access to out-of-session recordings is not necessary as direct
evidence of what occurs in a courtroom while the court is not
in-session can be obtained in other ways, for example through a
statement provided by a person present in the courtroom.
Consultation
There has been extensive consultation conducted including with the
Judiciary, the Director of Public Prosecutions, the Queensland
Ombudsman, the Crime and Misconduct Commission, the
Anti-Discrimination Commission Queensland and the Registrar-General of
Births, Deaths and Marriages.
Notes on Provisions
Part 1 Preliminary
Clause 1 establishes the short title of the Act as the Justice and Other
Legislation Amendment Act 2008.
Clause 2 provides for the commencement of the Act.
Part 2 Amendment of
Anti-Discrimination Act 1991
Clause 3 provides that part 2 and the schedule amend the
Anti-Discrimination Act 1991.
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Justice and Other Legislation Amendment Bill 2008
Clause 4 inserts a new section 266A to provide protection and immunity
for:
· members of the Anti-Discrimination Tribunal (the Tribunal);
· the registrar of the Tribunal;
· parties appearing before the Tribunal; and
· a person appearing as a witness before the Tribunal.
This protection and immunity is in addition to the protection from civil
actions in the exercise of their functions that is provided by section 265 of
the Anti-Discrimination Act 1991. The immunity that a Supreme Court
judge has in performing the judge's functions or exercising the judge's
power is found in section 30 of the Criminal Code and section 27AA of the
Supreme Court of Queensland Act 1991. This new section will provide the
same protection and immunity that other Tribunals in Queensland have,
such as the Children's Services Tribunal, the Guardianship and
Administration Tribunal and the Commercial and Consumer Tribunal.
New section 266A(1)) provides that in performing the functions or
exercising the powers of a member of the Tribunal, the member has the
same protection and immunity that a Supreme Court judge would have in
performing the judge's function or exercising the judge's power.
New section 266A(2) provides that in performing the functions or
exercising the powers of the Tribunal under 257A, the registrar has the
same protection and immunity that a Supreme Court judge would have in
performing the judge's function or exercising the judge's power.
Under new section 266A(3), a party appearing before the Tribunal has the
same protection and immunity as a party has in a proceeding in the
Supreme Court.
As a result of new section 266A(5), the reference to `party' in section
266A(3) includes not only a complainant or respondent, but also a
complainant's or respondent's lawyer or agent.
New section 266(4) provides that a person appearing as a witness before
the Tribunal has the same protection and immunity as a witness has in a
proceeding in the Supreme Court.
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Justice and Other Legislation Amendment Bill 2008
Part 3 Amendment of Childrens Court
Act 1992
Clause 5 provides that part 3 and the schedule amend the Childrens Court
Act 1992.
Clause 6 inserts a new section 14A which provides that a Childrens Court
magistrate holds office for the term stated in the person's instrument of
appointment. This term must not exceed five years. Under new section
14A(2), the re-appointment of a person previously appointed as a Childrens
Court magistrate is limited to one further term. As with the initial term,
this further term must not exceed five years. New section 14A(3) confirms
that the ending of a person's term as a Childrens Court magistrate does not
affect the person's appointment as a magistrate or the person's powers as a
magistrate.
Clause 7 inserts a new heading for the transitional provision required as a
result of the new section 14A.
Clause 8 inserts the transitional provision. Under the transitional provision,
the term of a person already appointed as a Childrens Court magistrate is
taken to end five years after the person was first appointed.
Part 4 Amendment of Children Services
Tribunal Act 2000
Clause 9 provides that part 4 amends the Children Services Tribunal Act
2000.
Section 41 of the Children Services Tribunal Act 2000 lists the
circumstances in which the Children Services Tribunal may dismiss an
application.
Clause 10 expands the circumstances listed to include where the Tribunal
considers that the application is frivolous or vexatious or where no
reasonable basis for the application has been disclosed. This may include a
situation where the determination of one application for review before the
Tribunal results in there no longer being a reasonable basis for an
outstanding application before the Tribunal.
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Justice and Other Legislation Amendment Bill 2008
Section 141(1)(a) of the Children Services Tribunal Act 2000 prohibits
publication of information given in evidence or otherwise before the
Tribunal. Section 141(2) provides that section 141(a) does not apply where
the Tribunal or the president consents to the publication of the information.
Clause 11 amends section 141(2) to prescribe the matters the Tribunal must
consider in determining whether to give consent to the publication of
information given in evidence or otherwise before the Tribunal. Under the
proposed new section 141(2), the Tribunal or president must be satisfied
that the publication of the information:
· is in the public interest; and
· does not conflict with the best interests of the child.
Part 5 Amendment of Civil Liability Act
2003
Clause 12 provides that part 5 and the schedule amend the Civil Liability
Act 2003.
Clause 13 replaces the heading of Part 3 Division 2 to refer to food donors
as well as volunteers.
Clause 14 relocates the definition of possession from section 39(4) to
section 38(1) of the Act. Consistent with the original intention of the
volunteer provisions, this clause also amends the definition of volunteer to
clarify that it is limited to an individual (which means a natural person)
rather than the broader reference to a person which, pursuant to section
32D of the Acts Interpretation Act 1954, includes corporations.
Clause 15 inserts a new subdivision dealing specifically with protections
for food donors. The new section 38A(1) provides that an entity, other than
a volunteer, does not incur any civil liability in relation to an act or
omission done or made when donating or distributing food giving rise to
harm resulting from the consumption of the food provided the requirements
specified in subsection (2) are met.
The new section 38A will ensure cover entities (including for example an
unincorporated body) that donate food directly to community organisations
or to other entities that distribute it to community organisations. It will also
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Justice and Other Legislation Amendment Bill 2008
as extend the protection available to entities that collect food donated by
another entity and distribute to community organisations it in the specified
circumstances.
New section 38B states that if a policy of insurance is required to be held
by law in relation to the liability of the food donor, the indemnity does not
apply. New section 38C provides that, if a policy of compulsory third-party
motor vehicle insurance applies to cover the food donor's liability, the
indemnity does not apply.
An amendment is also made in clause 15 to create a new subdivision
containing all of the provisions relating to volunteers.
Clause 16 deletes section 39(4) given the amendment in clause 14 which
relocates the definition of possession.
Clause 17 inserts a transitional provision for the amendments to declare
that, prior to commencement, section 39(2) never had the effect of limiting
protection for food donors to individuals and that the protections were
available to all persons, including individuals and corporations.
Part 6 Amendment of Classification of
Films Act 1991
Clause 18 provides that part 6 amends the Classification of Films Act 1991.
Clause 19 makes a minor consequential amendment required as a result of
the amendments to sections 56, 57 and 58 of the Act.
As a general rule, it is an offence under the Classification of Films Act 1991
to screen an unclassified film in Queensland. The only exception to this
occurs if the Queensland Films Classification Officer approves an
organisation to be an approved organisation, and the approved organisation
is then granted an exemption to screen an unclassified film.
Traditionally, almost all such exemptions are granted in relation to film
festivals, involving films which have not been classified by the
Commonwealth Classification Board because they are foreign-language
films or amateur short films. Many film festivals screen nationally, and the
director of the Commonwealth Classification Board presently considers
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Justice and Other Legislation Amendment Bill 2008
applications for film festival exemptions in relation to all jurisdictions
except Queensland and South Australia.
Clause 20 amends section 56 to allow both the Queensland Films
Classification Officer and the director of the Commonwealth Classification
Board to approve an organisation to be an approved organisation.
Clause 21 amends section 57 to allow applications from approved
organisations to approve the screening of unclassified films in Queensland
to be made to both the Queensland Films Classification Officer and the
director of the Commonwealth Classification Board.
Clause 22 amends section 58(1) to allow both the Queensland Films
Classification Officer and the director of the Commonwealth Classification
Board to approve the screening of unclassified films in Queensland. As is
the case with the Queensland Films Classification Officer, the director of
the Commonwealth Classification Board may attach conditions on its
approvals
In addition to amending section 58(1), this also inserts a new subsection
(2).
New section 58(2) ensures that Queensland can, if required, offer adequate
consumer protection in relation to high-impact unclassified films which
have been approved for screening in Queensland by the director of the
Commonwealth Classification Board. These amendments allow the
Queensland Films Classification Officer to impose conditions or additional
conditions on such screenings (which could include age or advertising
restrictions or a requirement that the approved organisation provide more
detailed consumer information).
Part 7 Amendment of Crime and
Misconduct Act 2001
Clause 23 provides that part 7 amends the Crime and Misconduct Act 2001.
Clause 24 amends subsection 225(a), which prescribes the qualifications
for appointment as a part-time commissioner, to substitute the requirement
that the person be engaged in actual practice as a lawyer with a requirement
that the appointee is an Australian lawyer who has been engaged in legal
practice for a period of, or periods totalling, at least five years.
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Justice and Other Legislation Amendment Bill 2008
Part 8 Amendment of Criminal Code
Clause 25 provides that part 8 amends the Criminal Code.
Clause 28 inserts a new section 593A required as a result of the repeal by
the Bill of section 123 of the Justices Act 1886 (which relates to notices to
witnesses). New section 593A empowers the court to issue a warrant for
the arrest of a witness if an indictment has been presented against a person
before a court. This ensures that witnesses who evade or are likely to evade
service of a subpoena to attend court can be compelled by the court to
attend.
Clauses 26, 27, 29 make minor consequential amendments required as a
result of the abolition of notices to witnesses.
Clause 30 inserts a transitional provision which ensures that an existing
notice to a witness continues to have effect until the earlier of the
conclusion of the proceeding in relation to the accused person, the court
otherwise directs or 3 years, whichever occurs first.
Part 9 Amendment of Dispute
Resolution Centres Act 1990
Clause 31 provides that part 9 amends the Dispute Resolution Centres Act
1990.
Clause 32 amends the definition of mediator in section 2(1). This
amendment is required as a result of the amendment to section 19.
Clause 33 amends section 19 to facilitate a change in terminology from
`accreditation' to `appointment' of mediators for a dispute resolution
centre. The term `appointment' more accurately describes the status of
mediators who are employed at a centre.
In addition to changing the terminology, the clause also inserts new
subsections (2)-(6). Under new section 19(2), a person will only be eligible
for appointment as a mediator if the chief executive considers the person
has knowledge, experience or skills relevant to the exercise of a mediator's
functions. Under new section 19(3), in making an appointment of a
mediator, the chief executive must take into account the desirability of the
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Justice and Other Legislation Amendment Bill 2008
mediators appointed reflecting the social, gender and cultural diversity of
the general community.
New section 19(4) allows the chief executive to impose conditions on the
appointment of a person as a mediator. Such conditions could include a
requirement that the mediator undertake certain professional development
activities during the course of their appointment.
New section 19(5), which replaces existing section 20(2), provides that a
mediator is to be paid the remuneration and allowances decided by the
chief executive.
New section 19(6) confirms that a mediator appointed under the Dispute
Resolution Centres Act 1990 is not employed under the Public Services Act
2008. This section reflects existing section 20(1).
Clause 34 makes a minor consequential amendment to section 20 required
as a result of the amendments to section 19.
Clause 35 amends section 41 and inserts a transitional provision in relation
to the amendments. The amendment to section 41 is to confirm that a
regulation made under the Act may prescribe the fees payable by a person
other than a member of the public for commercial services provided by a
dispute resolution centre. The transitional provision allows a person
already `appointed' as a mediator to continue to conduct mediations under
the Act for a period of 12 months.
Part 10 Amendment of District Court of
Queensland Act 1967
Clause 36 provides that part 10 and the schedule amend the District Court
of Queensland Act 1967.
Clause 37 amends section 12 to clarify that it does not apply to leave to
which the Judges (Pensions and Long Leave) Act 1967 applies. Section 12
provides that the Governor in Council may grant leave of absence to a
judge.
Clause 38 inserts a new section 17(2) which allows a Supreme Court,
Federal Court or District Court Judge from another State or Territory to be
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Justice and Other Legislation Amendment Bill 2008
appointed as an acting Judge of the District Court of Queensland for a
period of up to one year.
Clause 39 makes a minor consequential amendment required as a result of
the abolition of notices to witnesses
Clause 40 amends section 36 to streamline court appointments by
providing that the only appointments to be made by the Governor in
Council for the court are a principal registrar and associates. This
amendment is consequential to the amendment in the following clause.
Clause 41 amends the Act to insert a new section 36A which allows the
chief executive, rather than the Governor in Council, to appoint other
registrars and officers for the court.
Clause 42 makes consequential amendments to section 40 arising from the
amendments in clauses 40 and 41.
Clause 43 amends section 41 to allow the chief executive, rather than the
Governor in Council, to appoint bailiffs.
Clause 44 makes a minor consequential amendment required as a result of
the amendment to the Justices Act 1886 to abolish notices to witnesses.
Clause 45 inserts a transitional provision which ensures that an existing
notice to a witness continues to have effect until the earlier of the
conclusion of the proceeding in relation to the accused person, the court
otherwise directs or 3 years, whichever occurs first. This clause also inserts
a transitional provision to ensure that the principal registrar's appointment
continues after commencement of the amendments.
Part 11 Amendment of Domestic and
Family Violence Protection Act
1989
Clause 46 provides that part 11 amends the Domestic and Family Violence
Protection Act 1989.
Section 22 of the Domestic and Family Violence Protection Act 1989
provides that in making a domestic violence order, the court must impose a
condition that the respondent:
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Justice and Other Legislation Amendment Bill 2008
(a) be of good behaviour towards the aggrieved and not commit
domestic violence; and
(b) be of good behaviour towards a named person in the order and
not commit an act of associated domestic violence against the
person.
Clause 47 amends section 22 to clarify that the requirement in section
22(b) applies only if there is a `named person' in the order.
Part 12 Amendment of Evidence Act
1977
Clause 48 provides that part 12 amends the Evidence Act 1977.
Clause 49 inserts a new definition for convicted. The purpose of this
definition is to override section 12(3)(a) of the Penalties and Sentences Act
1992, thereby ensuring that the reference to convicted in section 79 of the
Evidence Act 1977 means found guilty, or having a plea of guilty accepted
by a court, whether or not a conviction is recorded.
Part 13 Amendment of Financial
Transaction Reports Act 1992
Clause 50 provides that part 13 amends the Financial Transaction Reports
Act 1992.
Clause 51 amends the long title to include a reference to the Anti-Money
Laundering and Counter-Terrorism Financing Act 2006 (Cwth).
Clause 52 amends the interpretation section (section 4). Subclause (1)
omits the definition of Commonwealth Act. This definition is no longer
required given that the Qld FTR Act will be referrable to two
Commonwealth Acts. Subclause (2) inserts the terms AMLCTF Act and
FTR Act which are the acronyms used for the Anti-Money Laundering and
Counter-Terrorism Financing Act 2006 (Cwth) and the Financial
Transaction Reports Act 1988 (Cwth).
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Justice and Other Legislation Amendment Bill 2008
Subclause (2) also inserts a definition of designated authority into section
4. The term designated authority, which is used throughout the following
clauses, is defined to mean the commissioner of the police service; the
Crime and Misconduct Commission; or an investigation officer. A
definition of investigating officer is also inserted to mean a police officer
or a person who is an authorised commission officer under the Crime and
Misconduct Act 2001 who is carrying out an investigation arising from, or
relating to matters referred to in, the information communicated to the
AUSTRAC CEO.
Finally, this replaces the reference to the `Commonwealth Act' in section
4(2) with the `FTR Act or AMLCTF Act' (see subclause (3)).
Clause 53 omits existing sections 6 and 7 and inserts new sections 6, 6A, 7
and 7A.
In addition to applying to cash dealers who communicate information to
the AUSTRAC CEO under section 16(1) of the Qld FTR Act, new section
6 also applies to information communicated under section 16(1A). Section
16(1A) of the Cwth FTR Act requires cash dealers to report transactions to
the AUSTRAC CEO that may be relevant to a financing of terrorism
offence. A designated authority in Queensland could utilise further
information about these transactions in the investigation, or prosecution, of
a State offence or alternatively, to enforce the State's confiscation
legislation.
New section 6A mirrors section 6 except it applies to reporting entities who
communicate information to the AUSTRAC CEO under sections 41
(Reports of suspect transactions); 43 (Reports of threshold transactions); or
45 (Reports of international funds transfer instruments) of the AMLCTF
Act. Also, under new section 6A, a reporting entity may not only be
required to provide a designated authority with further information, they
may also be required to provide documents which are relevant to the
communication under these sections. The provision is drafted to reflect
section 49 of the AMLCTF Act.
New section 7 replicates subsections (1) to (4) of the existing section with
the following differences the reporting obligation only applies if the cash
dealer is not required to report the transaction under nominated provisions
of the Cwth FTR Act or, if the cash dealer is a reporting entity, prescribed
provisions of the AMLCTF Act. This ensures that the obligations imposed
by the Commonwealth, and the corresponding obligations in the Qld FTR
Act, take precedence over this additional reporting obligation.
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Justice and Other Legislation Amendment Bill 2008
New section 7A replicates subsections (6) to (8) of section 7 in an amended
form. Currently, these subsections concern the provision of further
information to the commissioner of the police service or a police officer.
However, under this section reference is made to the provision of further
information to a `designated authority' which is defined in clause 52.
Clause 54 amends section 8 (Protection of cash dealers etc). Subclause (1)
renames the provision. Subclause (2) and (3) omits the references to `a
cash dealer' or `the cash dealer' from subsection (1) and inserts references
to `an entity' or `the entity'. Subclause (4) makes consequential
amendments to section 8(2) to reflect changes to the reporting obligations
at both the Commonwealth and State level and inserts a new subsection (3)
which includes definitions of `entity' and `prescribed provision' which are
terms used in the amended section.
Clause 55 clarifies that the Act does not affect the law relating to legal
professional privilege. This clause is modelled on section 242 of the
Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
Part 14 Amendment of Industrial
Relations Act 1999
Clause 56 provides that part 14 amends the Industrial Relations Act 1999.
Clause 57 amends the Act to streamline long leave approvals by providing
that, for the purpose of section 15 the Judges (Pensions and Long Leave)
Act 1957, the prescribed authority is taken to be a reference to:
(a) the vice president if the member is a deputy president or
commissioner;
(b) the Minister if the member is the president or vice president
and the period applied for by the member is 1 month or less; and
(c) the Governor in Council if the member is the president or vice
president and the period applied for by the member is greater
than 1 month.
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Justice and Other Legislation Amendment Bill 2008
Part 15 Amendment of Judges (Pensions
and Long Leave) Act 1957
Clause 58 provides that part 15 amends the Judges (Pensions and Long
Leave) Act 1957.
Clause 59 amends section 15 to streamline long leave approvals by
allowing the Minister, rather than the Governor in Council, to approve
short-term long leave (i.e. leave of absence of 1 month or less) for the Chief
Justice, Chief Judge and Chief Magistrate.
Part 16 Amendment of Justice and Other
Legislation Amendment Act 2007
Clause 60 provides that part 16 amends the Justice and Other Legislation
Amendment Act 2007.
Clause 61 omits section 21. This section, which relates to section 20 of the
Births, Deaths and Marriages Registration Act 2003, has not yet
commenced.
Part 17 Amendment of Justices Act 1886
Clause 62 provides that part 17 amends the Justices Act 1886.
Clause 63 omits the words `within the Justice's jurisdiction' from section
78(1). The purpose of this amendment is to clarify that a Magistrate may
issue a summons under this section for a witness residing interstate.
Clause 64 inserts a new subsection (5A) into section 83A (Direction
Hearing). New section 83A(5A) clarifies that a Magistrate can direct
prosecution disclosure, in a summary proceeding, under section 83A(5)(a).
This clarification is required because it has been determined that
83A(5)(a), which permits a Magistrate to direct a party to disclose material
including `a statement, report or other information relevant to the
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Justice and Other Legislation Amendment Bill 2008
proceeding', does not apply to directions for prosecution disclosure. This
is because the prosecution disclosure provisions of the Criminal Code,
which apply to `relevant proceedings', coupled with sections 41 and
83A(5)(aa) of the Justices Act 1886, have been interpreted as codifying the
principles of prosecution disclosure. As no summary trials have been
prescribed as `relevant proceedings' for the purposes of the Code's
disclosure provisions there is no residual power for a magistrate to order
disclosure for these matters.
Clause 64 also amends subsection (5)(a) to refer to `stated' information.
This will require the Magistrate to state the information to be disclosed and
accordingly, oblige the defence to specify at the directions hearing the
information they are seeking.
Clause 65 omits section 123 which relates to notices to witnesses. Notices
to witnesses, which are sent by the clerk of the court following a committal
proceeding, notify a witness that they will be required to appear and give
evidence in the defendant's trial either in the Supreme Court or District
Court. However, given that no actual date of trial can be provided in the
notices, and that prosecutors rely upon subpoenas or requests to attend the
higher court when such dates become known, there is little utility served by
the notices apart from having the effect of binding the witnesses over to
appear in the higher court.
In accordance with the amendment to the Criminal Code to insert new
section 593A, where a witness evades service of a subpoena or is likely to
do so, the higher court will be enabled to issue an arrest warrant.
Clauses 66, 67, 68, 69 and 70 amend sections 126, 129, 132, 133 and 134
respectively to remove references to notices to witnesses.
Clauses 71 and 72 amend section 142 and 142A respectively to extend the
time stated in the sections from 28 days to 2 months.
Clause 73 amends section 150 to require the clerk of the court rather than
the justice to make and sign a minute or memorandum of the decision made
by the court. The amendment is consistent with section 152A of the
Penalties and Sentences Act 1992 which enables the proper officer of the
court to make a record of an order made by the court.
Clause 74 amends section 154 to remove the requirement for a person to
demonstrate a sufficient interest in a proceeding to obtain a copy of
specified court records under the section. This clause also amends section
154 to include provisions, in addition to the existing restrictions in sections
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Justice and Other Legislation Amendment Bill 2008
154(2) and (3), to ensure that copies of records are not available to any
person under section 154 in the following circumstances:
· Where a court has made an order prohibiting access to, or the
disclosure or publication of, the record;
· Records which are exhibits, if:
· the giving of the record may risk a person's safety; or
· the record is, or part of the record contains, confidential
and/or sensitive information (for example: criminal
histories, victim impact statements, medical reports, social
security and tax file numbers, financial account numbers,
dates of birth, commercially confidential information and
information relating to the health and drug use of a patient);
· Disclosure of the record, or information contained in the record,
is prohibited under legislation (other than that already listed in
section 154); and
· A record where the court is closed pursuant to an order made
under other legislation or a provision under other legislation
which requires the court to be closed.
An amendment is also made to provide for requests for depositions to be
made to the State Reporting Bureau rather than the clerk of the court.
Given the State Reporting Bureau provides transcription services for
proceedings heard in Magistrates Courts, this amendment will streamline
processing of these requests.
Clause 75 inserts a transitional provision to ensure that an existing notice to
a witness continues to have effect until the earlier of the conclusion of the
proceeding in relation to the accused person, the court otherwise directs or
3 years, whichever occurs first.
Part 18 Amendment of Justices of the
Peace and Commissioners for
Declarations Act 1991
Clause 76 provides that part 18 amends the Justices of the Peace and
Commissioners for Declarations Act 1991.
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Justice and Other Legislation Amendment Bill 2008
Clause 77 inserts new subsections 16(1)(d) and 16(3).
Under new subsection 16(1)(d), a person must be an Australian citizen in
order to qualify to be a justice of the peace or a commissioner for
declarations. This requirement is not a new requirement. Previously the
requirement was in section 7 of the Justices of the Peace and
Commissioners for Declarations Regulation 2007.
New subsection 16(3), which reflects existing section 7(2) of the
Regulation, is a transitional provision. Under this section, any
non-Australian citizen who held office under the Justices of the Peace Act
1975 continues to hold office under the Justices of the Peace and
Commissioners for Declarations Regulation 2007.
Clause 78 omits existing section 17 and inserts a new section 17. New
section 17 is a combination of the existing section 17 (Disqualification
from office) and sections 8 and 9 of the Justices of the Peace and
Commissioners for Declarations Regulation 2007.
New subsections 17(1) lists the circumstances which disqualify a person
from being appointed, or continuing as, a justice of the peace or
commissioner for declarations. These circumstances include where the
person:
· is an insolvent under administration within the meaning of the
Corporations Act, section 9 (for example, a bankrupt);
· is or has been convicted of an indictable offence;
· is or has been convicted of an offence against the Justices of the
Peace and Commissioners for Declarations Act 1991;
· is or has been convicted of two or more relevant offences
(meaning offences other than indictable offences, offences
against the Justices of the Peace and Commissioners for
Declarations Act 1991 and offences under the Transport
Operations (Road Use Management) Act 1995);
· has been convicted of a relevant offence (meaning offences other
than indictable offences, offences against the Justices of the
Peace and Commissioners for Declarations Act 1991 and
offences under the Transport Operations (Road Use
Management) Act 1995) within the last five years; and
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Justice and Other Legislation Amendment Bill 2008
· has been convicted of an offence under sections 79 or 80 of the
Transport Operations (Road Use Management) Act 1995 within
the last five years.
In addition to the circumstances listed above, a person is also disqualified
from being appointed, or continuing, as a justice of the peace or
commissioner for declarations if they have:
· been convicted of more than two offences under the Transport
Operations (Road Use Management) Act 1995 (other than
offences relating to regulated parking under chapter 5, part 6)
within the last four years;
· been convicted of more than six offences under the Transport
Operations (Road Use Management) Act 1995 (other than
offences relating to regulated parking under chapter 5, part 6)
within the last four years (in which the disqualification is for a
period of five years from the date of the last conviction).
For the purposes of the above two disqualifying circumstances:
· new section 17(4) provides that a person who pays an amount by
way of penalty in compliance with a notice fixed to a vehicle or
given to them under the Transport Operations (Road Use
Management) Act 1995, without court proceedings being
involved, is taken to have been convicted under that Act of the
offence on the day the amount is paid;
· new section 17(5) allows the Minister to exempt an applicant
from a disqualification if the Minister considers that special
circumstances exist.
Clause 79 corrects a minor drafting error.
Part 19 Amendment of Land Court Act
2000
Clause 80 provides that part 19 amends the Land Court Act 2000.
Clause 81 amends section 39 to allow the Minister, rather than the
Governor in Council, to approve short term leave of absence (i.e. leave of 1
month or less) under the Judges (Pensions and Long Leave) Act 1957.
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Justice and Other Legislation Amendment Bill 2008
Part 20 Amendment of Magistrates Act
1991
Clause 82 provides that part 20 amends the Magistrates Act 1991.
Clause 83 amends section 3 to insert a number of new definitions for terms
used in the amendments in the following clauses.
Clause 84 amends section 6 to provide that a clerk of the court can only be
appointed as an acting magistrate if they are qualified to be appointed as a
magistrate unless the Minister is satisfied that exceptional circumstances
exist.
Consistent with current practice, this clause also amends section 6 to allow
an acting magistrate to be engaged on a needs basis within the period of
their appointment to carry out the duties of a magistrate when directed, in
writing, by the Chief Magistrate. The amendments provide that the Chief
Magistrate may direct a person appointed for a specified period as an acting
magistrate to carry out the duties of a magistrate on a full-time basis,
part-time basis or from time to time.
Further, this clause inserts a new subsection to clarify that for the purposes
of the Judicial Remuneration Act 2007 a person who is appointed as an
acting magistrate holds office for those periods for which they are directed
to carry out the duties of a magistrate.
Finally, this clause omits section 6(3)(c). This subsection is no longer
required given the insertion of new section 47A dealing with the terms and
conditions of acting magistrates.
Clause 85 deletes section 7(4) of the Act. This amendment is consequential
to the new section 47A dealing with the terms and conditions of acting
magistrates.
Clause 86 amends section 12 of the Act to provide that one of the functions
of the Chief Magistrate includes issuing directions to acting magistrates
about when the person is to carry out the duties of a magistrate during the
person's appointment. A new provision is also inserted to allow the Chief
Magistrate to delegate this function to the Deputy Chief Magistrate or
another magistrate appointed on a full-time basis.
Clause 87 replaces the heading to section 47 to clarify that the section does
not apply to acting magistrates and that it only applies to permanently
appointed magistrates.
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Justice and Other Legislation Amendment Bill 2008
Clause 88 inserts a new section 47A which specifies the terms and
conditions of acting magistrates.
Clause 89 inserts a transitional provision in relation to the amendments.
The new sections in this clause validate the directions issued by the Chief
Magistrate or another magistrate acting on behalf of the Chief Magistrate
to acting magistrates by prior to commencement; and also clarify that an
acting magistrate is entitled to remuneration and allowances (including
leave entitlements) only for the periods during which they have been
directed to carry out the duties of a magistrate.
Part 21 Amendment of Oaths Act 1867
Clause 90 provides that part 21 amends the Oaths Act 1867.
Section 41 of the Oaths Act 1867 lists the persons qualified to take an
affidavit without a commission being issued for the purpose.
Clause 91 inserts a new section 41(1)(d) which provides that for affidavits
taken outside of Australia, a person authorised to administer an oath under
the law of the place in which the affidavit is being sworn may take the
affidavit without a commission being issued for the purpose.
Part 22 Amendment of Ombudsman Act
2001
Clause 92 provides that part 22 amends the Ombudsman Act 2001.
Clause 93 amends section 92 which restricts the disclosure of information
obtained in a preliminary inquiry or an investigation or the performance of
another function of the Ombudsman. The amendment will allow the
Ombudsman to disclose information of this kind, which has been
de-identified, to provide assistance to other agencies for the improvement
their administrative practices and procedures, and in undertaking research
relevant to the Ombudsman's functions.
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Justice and Other Legislation Amendment Bill 2008
Section 92 is also amended to enable the disclosure of information obtained
in the performance of any of the functions of the Ombudsman, including by
way of a complaint, to an agency if the Ombudsman considers that the
agency has a proper interest in the information for the performance of its
functions and the disclosure is for the purpose of protecting the health,
safety or security of a person or property.
Part 23 Amendment of Penalties and
Sentences Act 1992
Clause 94 provides that part 23 amends the Penalties and Sentences Act
1992.
Section 12(3) of the Penalties and Sentences Act 1992 limits where a
`conviction not recorded' can be recorded.
Clause 95 inserts a new subsection (3A) into section 12 (Court to consider
whether or not to record conviction). Section 12(3)(b) of the Act provides
that a `conviction without recording the conviction' must not be entered in
any records, subject to certain exceptions. Section (3A) provides that
despite section 12(3)(b), the conviction may be entered into a record kept
by a Department, prosecuting authority or the offender's legal
representative if recording the conviction is necessary for the legitimate
performance of their functions. This would include, for example, a
notation on a prosecutor's file about the outcome of prosecution.
Clauses 96 and 97 amend sections 34 (Court may act under this division
whether or not it records a conviction) and 36 (What order must state) of
the Penalties and Sentences Act 1992.
Under section 36(3), a court must record a conviction when imposing an `in
default' imprisonment term for the payment of a restitution or
compensation order. In contrast, section 182A provides that the imposition
of an `in default' imprisonment term for the payment of a penalty, which is
defined as including restitution or compensation, as well as fines and other
monetary orders, can occur whether or not a conviction is recorded by the
court. The removal of section 36(3) addresses the inconsistency in the
requirements of these sections. Section 34 is a consequential amendment.
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Justice and Other Legislation Amendment Bill 2008
Part 24 Amendment of Professional
Standards Act 2004
Clause 98 provides that part 24 amends the Professional Standards Act
2004.
Clause 99 inserts a new section 8(4) to provide that a scheme may indicate
an intention to operate as a scheme of Queensland only, or as a scheme of
both Queensland and another jurisdiction.
Clause 100 amends section 9 to insert a new subsection to require a scheme
that is to operate as a scheme of some other jurisdiction to be further
publicised in accordance with the requirements of the corresponding law of
that other jurisdiction.
Clause 101 amends section 12 to insert a new subsection (1A). This section
provides that, in the case of a scheme that is intended to operate as a
scheme of another jurisdiction, the Council must also consider the matters
that the appropriate Council for the other jurisdiction would have to
consider and must consider all matters in the context of each of the
jurisdictions concerned.
Clause 102 amends section 13 to insert a new subsection to enable a
scheme that indicates an intention to operate as a scheme of another
jurisdiction to be submitted by the Council to the Minister administering
the corresponding law of the other jurisdiction to allow the scheme to be
gazetted in that jurisdiction in accordance with its requirements.
Clause 103 amends section 14 to provide for the gazettal of an interstate
scheme in Queensland that has been submitted to the Minister under
section 13.
Clause 103 also amends section 14 to rectify an anomaly which requires
the Minister to notify the Council's approval in full in the gazette and also,
given this notice is subordinate legislation, publish notice in the gazette of
the making of the notice. This process is inconsistent with other
Queensland legislation.
Clause 104 amends section 15 so as to provide that a scheme's
commencement can be postponed not only by the Supreme Court of
Queensland but also the Supreme Court of another jurisdiction by an order
made under that jurisdiction's corresponding law. This clause also contains
an amendment to extend this section to amendments to interstate schemes.
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Justice and Other Legislation Amendment Bill 2008
Clause 105 amends section 16 to enable a scheme that operates as a scheme
of another jurisdiction to be challenged by persons affected by the scheme
as it operates in that jurisdiction. An amendment is also made to insert a
new subsection to provide that an interstate scheme may not be declared
void under section 16 just because it fails to comply with the requirements
of Part 2, Division 2 (Contents of schemes) but may be declared void if it
fails to comply with the equivalent provisions of the corresponding law of
the jurisdiction in which it was prepared. A further amendment is made to
extend section 16 to amendments to interstate schemes.
Clause 106 amends section 17 to enable an interstate scheme to be
reviewed for the purpose of determining whether its operation should be
terminated in Queensland under the proposed section 18B.
Clause 107 amends section 18(1), (2) and (3) to make a minor drafting
change. It also substitutes section 18(4) with new subsections that exclude
sections 13(2) and 16 from the list of sections that section 18 extends to the
amendment and revocation of schemes and excludes interstate schemes
from the application of section 18.
Clause 108 inserts new section 18A. New section 18A requires the Minister
to notify his or her interstate counterparts if a scheme is revoked and also to
cause a notice to be gazetted of any revocation of an interstate scheme
which he or she is given.
Clause 108 also inserts a new section 18B. New section 18B provides for
the termination of the operation of interstate schemes in relation to
Queensland. Its procedures parallel the procedures established in section
18 for the amendment and revocation of schemes.
Clause 109 amends section 33 which provides for the duration of schemes.
The amendments clarify the period for which a scheme prepared in
Queensland remains in force and to specify the period for which an
interstate scheme remains in force.
Clause 110 amends section 43 to clarify that the Council is to advise the
Minister about the publication in the gazette of notice of approval of a
scheme or an amendment of a scheme.
Clause 111 amends section 44 to ensure the Council can exercise functions
conferred or imposed on it by laws of other jurisdictions.
Clause 112 inserts a new section 44A to ensure that the Council can act in
conjunction with its interstate counterparts.
Clause 113 amends section 60 to make a minor drafting change.
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Justice and Other Legislation Amendment Bill 2008
Clause 114 amends section 72 to extend the time for review of the Act from
2 years to 5 years.
Clause 115 inserts a new transitional provision which clarifies the expiry
date of existing schemes.
Clause 116 amends schedule 2 to define certain words and expressions as a
consequence of the proposed amendments in relation to mutual
recognition. It also includes a minor drafting amendment to rectify
incorrect numbering in the definition of damages.
Part 25 Amendment of Public Trustee
Act 1978
Clause 117 provides that part 25 amends the Public Trustee Act 1978.
Clause 118 amends section 59 to clarify that the court has jurisdiction to
sanction the settlement of a claim by a person under a disability on an
originating application.
Part 26 Amendment of Recording of
Evidence Act 1962
Clause 119 provides that part 26 and the schedule amend the Recording of
Evidence Act 1962.
Clause 120 amends section 4 to insert a number of new definitions relating
to the terms used in the amendments. Consequential amendments are also
made to the definition of record under this Act.
Clause 121 inserts a new section 4A which describes when a legal
proceeding takes place in a courtroom for the purpose of the new definition
of out-of-session recording and amended definition of record under this
Act.
This clause also inserts a new section 4B. This new section allows
continuous recording under the Act.
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Justice and Other Legislation Amendment Bill 2008
Continuous recording is a function of the new digital audio recording
system which operates in most Queensland courts. The roll-out of the
digital system commenced in 2006. Digital audio recording provides
superior quality recordings than the cassette tapes previously used. They
also allow easier transcription.
The digital recording system uses a continuous recording loop that operates
24 hours a day, seven days a week (the recording "buffer"). The loop is
automatically over-written after a short period. The "court recording" (i.e.
while the court is in-session) is extracted from the system before being
overridden and is used by the State Reporting Bureau.
The continuous recording function of the digital system enables a
temporary audio backup to be made which can be used in the event of a
system or human error. This is required on regular occasions for short
losses of in-session recordings and has on occasion been required for
complete recovery of an entire proceeding because the recording was not
correctly started by the operator or the system failed.
Clause 122 amends section 11 to remove subsections relating to the
retention and destruction of records and place them in the new section 11A.
Clause 123 inserts a new section 11A which contains provisions in relation
to the retention and destruction of records. A new subsection is also added
to provide that the requirements in this section do not apply to
out-of-session recordings.
This clause also inserts a new section 11B which prohibits access to
out-of-session recordings and transcripts of these recordings except by
recorders for the purpose of carrying out their functions under the Act. This
prohibition applies despite any provision in another Act.
Clause 124 amends section 13(2)(c) to clarify that regulations can be made
providing for and regulating and controlling the destruction of any records
under the Act other than in relation to out-of-session recordings. An
amendment is also made to section 13(2)(e) to provide that regulations may
be made providing for and regulating and controlling the making and
issuing of transcriptions of any record under this Act (other than
out-of-session recordings) and prescribing the persons to whom the same
may be issued.
Clause 125 inserts a new section 16. This new section is a transitional
provision dealing with undecided applications for access to out-of-session
recordings. This section provides that the prohibition on access to
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Justice and Other Legislation Amendment Bill 2008
out-of-session recordings in the new section 11B applies to any
applications made before commencement if the person has not been
provided with the out-of-session recording or a transcription of an
out-of-session recording.
Part 27 Amendment of Small Claims
Tribunal Act 1973
Clause 126 provides that part 27 amends the Small Claims Tribunal Act
1973.
Clause 127 amends sections 23A(3A)(a) and 23A(3B)(a) to clarify that
oral and written evidence may be given during an examination by either the
referee or registrar of a person who has been required by an order of the
Small Claims Tribunal to pay money.
Part 28 Amendment of Solicitor-General
Act 1985
Clause 128 provides that part 28 amends the Solicitor-General Act 1985.
Clause 129 amends section 12. Section 12(2) of the Act provides that the
Solicitor-General shall have the same entitlements to leave on account of
long service as a judge of the Supreme Court. Long service leave of
absence for a judge of the Supreme Court is governed by the Judges
(Pensions and Long Leave) Act 1957 and that Act provides for approval of
leave by the Chief Justice if the judge is a Supreme Court judge.
The amendment clarifies and streamlines approval of long service leave for
the Solicitor-General by providing that the Minister may approve leave of
absence for periods of 1 month or less. The Governor in Council is to
approve leave of absences of more than 1 month
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Justice and Other Legislation Amendment Bill 2008
Part 29 Amendment of Supreme Court
Act 1995
Clause 130 provides that part 29 amends the Supreme Court Act 1995.
Clause 131 amends section 210(1) to streamline court appointments by
providing that the only appointments to be made by the Governor in
Council for the court are a principal registrar and associates. This
amendment is consequential to the amendment in clause 132.
Clause 132 inserts a new section 210A which allows the chief executive,
rather than the Governor in Council, to appoint registrars (other than the
principal registrar), deputy registrars and other officers for the court.
Clause 133 amends section 212 to allow the chief executive, rather than the
Governor in Council, to appoint the sheriff.
Clause 134 amends section 213 to provide that the chief executive, rather
than the Governor in Council, may appoint deputy sheriffs.
Clause 135 deletes section 214. This section is outdates and obsolete as
district sheriffs are no longer appointed.
Clause 136 amends section 232 to allow the chief executive, rather than the
Governor on the advice of the Executive Council, to appoint a high bailiff
and bailiffs.
Clause 137 amends section 273(1) to allow the chief executive, rather than
the Governor in Council, to appoint officers for the purposes of the Central,
Northern and Far Northern Courts.
Clause 138 inserts a transitional provision to ensure that the principal
registrar's appointment continues after commencement of the amendments.
Part 30 Other minor amendments
Clause 139 provides that the schedule amends the Acts it mentions.
The schedules incudes minor amendments to:
· the Anti-Discrimination Act 1991 to clarify that section 265 is
subject to new section 266A;
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Justice and Other Legislation Amendment Bill 2008
· the Associations Incorporation Act 1981 to replace an incorrect
reference to `unincorporated' with `incorporated';
· section 6 of the Bail Act 1980 to delete an obsolete reference to
`under sheriff';
· update the terminology used in sections 5, 8, 14, 15, 16, 18, 25,
26 and 27 of the Childrens Court Act 1992 by removing the
references to `stipendiary' (the term `stipendiary' is now obsolete
following amendments made to the Magistrates Act 1991 in
2000);
· correct drafting errors in the Civil Liability Act 2003; and
· 313 and the definition of proper officer in schedule 4 of the
Juvenile Justice Act 1992 to delete an obsolete reference to
`under sheriff'.
© State of Queensland 2008
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