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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland Corrective Services and Other Legislation Amendment Bill 2008
Queensland Corrective Services and Other Legislation Amendment Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Corrective Services Act 2006 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Insertion of new ch 6, pts 12A and 12B . . . . . . . . . . . . . . . . . . . . 6 Part 12A Discrimination complaints Division 1 Preliminary 319A Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 319B Purpose of part and its achievement . . . . . . . . . . . . . 7 319C Relationship with Anti-Discrimination Act . . . . . . . . . . 8 Division 2 Restrictions on complaints 319D No property or interest in right of complaint . . . . . . . . 8 319E Complaint to chief executive required first . . . . . . . . . 8 319F Complaint to official visitor required first. . . . . . . . . . . 9 Division 3 Modifications 319G When treatment of offender by protected defendant is not direct discrimination . . . . . . . . . . . . . . . . . . . . . 10 319H When term imposed on offender by protected defendant is not indirect discrimination . . . . . . . . . . . 11 319I Restrictions on tribunal compensation orders . . . . . . 12 Part 12B Victim trust funds Division 1 Preliminary 319J Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 319K Relationship between divs 2 to 4 and div 5 . . . . . . . . 15 Division 2 Restrictions on causes of action and agreements
Corrective Services and Other Legislation Amendment Bill 2008 Contents 319L No property or interest in causes of action. . . . . . . . . 15 319M No property or interest under agreements . . . . . . . . . 16 Division 3 Establishment of victim trust fund 319N Relevant money held in trust in a victim trust fund . . . 17 319O Chief executive to be notified of victim trust fund . . . . 17 319P Victim trust fund to be transferred to public trustee . . 18 319Q Discharge of protected defendant . . . . . . . . . . . . . . . 19 319R Relevant money to form a separate victim trust fund . 19 Division 4 Distribution of victim trust fund Subdivision 1 Victim claims 319S What is a victim claim. . . . . . . . . . . . . . . . . . . . . . . . . 20 319T Notice to potential claimants . . . . . . . . . . . . . . . . . . . 20 319U Identification of potential claimants . . . . . . . . . . . . . . 21 319V Giving of information to potential claimants . . . . . . . . 22 319W Starting of victim claims proceedings despite expiry of limitation period . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 319X Notifying victim claims . . . . . . . . . . . . . . . . . . . . . . . . 24 319Y Payment of eligible victim claims from victim trust fund ................................. 25 Subdivision 2 Entity claims 319Z What is an entity claim . . . . . . . . . . . . . . . . . . . . . . . . 26 319ZA Notice to collection entities of establishment of victim trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 319ZB Notice to collection entities if amount left in victim trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 319ZC Notifying entity claims. . . . . . . . . . . . . . . . . . . . . . . . . 30 319ZD Payment of eligible entity claims from victim trust fund 31 Subdivision 3 Payments to offender 319ZE Payment to offender of victim trust fund surplus . . . . 31 319ZF Payment to offender if no victim claims or entity claims against offender. . . . . . . . . . . . . . . . . . . . . . . . 32 Division 5 Amounts not included in victim trust fund 319ZG Exception for future medical expenses. . . . . . . . . . . . 32 319ZH Exception for legal costs. . . . . . . . . . . . . . . . . . . . . . . 33 319ZI Orders in relation to relevant money . . . . . . . . . . . . . 34 319ZJ Agreements in relation to relevant money . . . . . . . . . 34 Division 6 Miscellaneous Page 2
Corrective Services and Other Legislation Amendment Bill 2008 Contents 319ZK Amounts payable to public trustee for performance of functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 319ZL Maximum legal costs of victim claims . . . . . . . . . . . . 35 5 Insertion of new ch 6, pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Part 13A Use of dangerous drugs for training Division 1 Preliminary 344A Object of pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 344B Definitions for pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . 36 Division 2 Drug control officers 344C Appointment and qualifications . . . . . . . . . . . . . . . . . 38 344D Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . 38 344E Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 39 344F Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 344G Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 39 344H Function and powers of drug control officer . . . . . . . . 39 Division 3 Keeping and use of dangerous drugs for training 344I Keeping dangerous drug for use in department training ............................... 40 344J Making drug control direction . . . . . . . . . . . . . . . . . . . 40 344K Entering into agency arrangement . . . . . . . . . . . . . . . 41 344L Requirements for keeping of dangerous drugs for training purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Division 4 Register of dangerous drugs for training 344M Register of dangerous drugs for training . . . . . . . . . . 44 344N Information to be recorded in the register of dangerous drugs for training. . . . . . . . . . . . . . . . . . . . 45 344O Restriction on release of information from register of dangerous drugs for training. . . . . . . . . . . . . . . . . . . . 46 6 Amendment of s 349 (Protection from liability). . . . . . . . . . . . . . . 47 7 Replacement of ch 7A hdg (Transitional provisions for Criminal Code (Drink Spiking) and Other Acts Amendment Act 2006) . . . 48 8 Insertion of new ch 7A, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Part 2 Transitional provisions for Corrective Services and Other Legislation Amendment Act 2008 478C Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 478D Discrimination complaints not decided before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 478E Relevant money awarded after commencement . . . . 49 Page 3
Corrective Services and Other Legislation Amendment Bill 2008 Contents 478F Legal costs of victim claims brought before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 9 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 50 Part 3 Amendment of Drugs Misuse Act 1986 10 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 11 Amendment of s 125 (Prescribed persons permitted to receive and dispose of dangerous drugs). . . . . . . . . . . . . . . . . . . . . . . . . 51 Part 4 Amendment of Health Act 1937 12 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 13 Replacement of pt 8 hdg (Transitional provisions for Health Legislation Amendment Act 2001) . . . . . . . . . . . . . . . . . . . . . . . . 52 14 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 2 Transitional provision for Corrective Services and Other Legislation Amendment Act 2008 186 Amendment of regulation by Corrective Services and Other Legislation Amendment Act 2008 does not affect powers of Governor in Council . . . . . . . . . . . . . 53 Part 5 Amendment of Health (Drugs and Poisons) Regulation 1996 15 Regulation amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 16 Amendment of s 271 (Prohibition on dispensing etc. regulated poisons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Part 6 Amendment of Limitation of Actions Act 1974 17 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 18 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 54 19 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Part 7 Transitional provision 46 Transitional provision for Corrective Services and Other Legislation Amendment Act 2008. . . . . . . . . . . 55 Page 4
2008 A Bill for An Act to amend the Corrective Services Act 2006, the Drugs Misuse Act 1986, the Health Act 1937, the Health (Drugs and Poisons) Regulation 1996 and the Limitation of Actions Act 1974 for particular purposes
Corrective Services and Other Legislation Amendment Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Corrective Services and Other 4 Legislation Amendment Act 2008. 5 Clause 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Corrective 8 Services Act 2006 9 Clause 3 Act amended in pt 2 10 This part amends the Corrective Services Act 2006. 11 Clause 4 Insertion of new ch 6, pts 12A and 12B 12 Chapter 6-- 13 insert-- 14 Page 6
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] `Part 12A Discrimination complaints 1 `Division 1 Preliminary 2 `319A Definitions 3 `In this part-- 4 protected defendant means-- 5 (a) the State, but only in relation to a matter arising out of 6 the administration of this Act; or 7 (b) an engaged service provider; or 8 (c) a community service supervisor; or 9 (d) an entity employed or engaged under this Act whose 10 functions include rehabilitating offenders; or 11 (e) an entity that is joined in a proceeding about a 12 contravention of the Anti-Discrimination Act brought 13 by an offender against an entity mentioned in paragraph 14 (a), (b), (c), (d) or (f); or 15 (f) an individual employed or engaged by an entity 16 mentioned in paragraph (a), (b), (c), (d) or (e). 17 relevant person means a person mentioned in section 134(1) 18 or (3) of the Anti-Discrimination Act. 19 Editor's note-- 20 Anti-Discrimination Act, section 134 (Who may complain) 21 tribunal means the Anti-Discrimination Tribunal. 22 `319B Purpose of part and its achievement 23 `(1) The purpose of this part is to maintain a balance between-- 24 (a) the financial and other constraints to which protected 25 defendants are subject in their treatment of offenders; 26 and 27 Page 7
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] (b) the need to continue to respect offenders' dignity. 1 `(2) The purpose is achieved primarily by-- 2 (a) requiring offenders to use internal complaints 3 procedures provided by the department for complaining 4 about an alleged contravention of the 5 Anti-Discrimination Act before complaining under that 6 Act about a contravention; and 7 (b) modifying the Anti-Discrimination Act's application to 8 the treatment of offenders by protected defendants. 9 `319C Relationship with Anti-Discrimination Act 10 `This part applies despite the Anti-Discrimination Act. 11 `Division 2 Restrictions on complaints 12 `319D No property or interest in right of complaint 13 `(1) Nothing in this part prevents a relevant person complaining to 14 the anti-discrimination commissioner under the 15 Anti-Discrimination Act, section 134 about an alleged 16 contravention of that Act committed by a protected defendant 17 against an offender. 18 `(2) However, the offender has no property or interest in the right 19 of complaint. 20 `(3) Subsection (1) applies subject to sections 319E and 319F. 21 `319E Complaint to chief executive required first 22 `(1) A relevant person can not complain to the anti-discrimination 23 commissioner under the Anti-Discrimination Act, section 134 24 about an alleged contravention of that Act committed by a 25 protected defendant against an offender until-- 26 (a) if the offender was detained in a corrective services 27 facility when the alleged contravention happened--at 28 Page 8
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] least 4 months after the offender makes a written 1 complaint about the alleged contravention to the chief 2 executive at the corrective services facility where the 3 offender was detained; or 4 (b) if the offender was not detained in a corrective services 5 facility when the alleged contravention happened--at 6 least 4 months after the offender makes a written 7 complaint about the alleged contravention to the chief 8 executive at the probation and parole office where the 9 offender was required to report to a corrective services 10 officer. 11 `(2) However, subsection (1) does not apply if the offender is 12 notified in writing by the chief executive that the chief 13 executive has finished dealing with the offender's complaint. 14 `(3) Subsection (1)(a) applies subject to section 319F. 15 `319F Complaint to official visitor required first 16 `(1) This section applies in relation to an offender mentioned in 17 section 319E(1)(a) who is still detained in a corrective 18 services facility at the earlier of the following-- 19 (a) the day the offender is notified in writing by the chief 20 executive that the chief executive has finished dealing 21 with the offender's complaint under that section; 22 (b) the day that is 4 months after the offender makes a 23 written complaint to the chief executive under that 24 section. 25 `(2) A relevant person can not complain to the anti-discrimination 26 commissioner under the Anti-Discrimination Act, section 134 27 about an alleged contravention of that Act committed by a 28 protected defendant against the offender until at least 1 month 29 after the offender makes a written complaint under section 30 290(1) to an official visitor about the alleged contravention. 31 `(3) However, subsection (2) does not apply if the offender is 32 notified in writing by the official visitor that the official visitor 33 has finished dealing with the offender's complaint. 34 Page 9
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] `Division 3 Modifications 1 `319G When treatment of offender by protected defendant 2 is not direct discrimination 3 `(1) This section applies if a protected defendant treats, or 4 proposes to treat, an offender with an attribute less favourably 5 than another offender without the attribute in circumstances 6 that are the same or not materially different. 7 `(2) For the Anti-Discrimination Act, section 10 the protected 8 defendant does not directly discriminate against the offender 9 if the treatment, or proposed treatment, is reasonable. 10 `(3) In considering whether the treatment, or proposed treatment, 11 is reasonable, the tribunal must consider any relevant 12 submissions made about any of the following-- 13 (a) the security and good order of any corrective services 14 facility in which the offender was detained when the 15 protected defendant treated, or proposed to treat, the 16 offender less favourably; 17 (b) the cost to the protected defendant of providing 18 alternative treatment; 19 (c) the administrative and operational burden that providing 20 alternative treatment might place on the protected 21 defendant; 22 (d) the disruption to the protected defendant that providing 23 alternative treatment might cause; 24 (e) the budget constraints of the protected defendant; 25 (f) the resources constraints of the protected defendant; 26 (g) whether the treatment, or proposed treatment, 27 adequately meets the needs of the offender, 28 notwithstanding the availability of alternative treatment 29 that more ideally meets the needs of the offender; 30 (h) the need to respect offenders' dignity; 31 Page 10
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] (i) whether the treatment, or proposed treatment, unfairly 1 prejudices other offenders; 2 (j) any other matter the tribunal considers relevant. 3 `(4) In a case involving an allegation of direct discrimination by an 4 offender against a protected defendant, the protected 5 defendant must prove, on the balance of probabilities, that the 6 treatment, or proposed treatment, is reasonable. 7 `319H When term imposed on offender by protected 8 defendant is not indirect discrimination 9 `(1) This section applies if a protected defendant imposes, or 10 proposes to impose, a term-- 11 (a) with which an offender with an attribute does not or is 12 not able to comply; and 13 (b) with which a higher proportion of offenders without the 14 attribute comply or are able to comply. 15 `(2) In considering whether for the Anti-Discrimination Act, 16 section 11(1)(c) the term is reasonable, the tribunal must 17 consider any relevant submissions made about any of the 18 following-- 19 (a) the security and good order of any corrective services 20 facility in which the offender was detained when the 21 protected defendant imposed, or proposed to impose, 22 the term; 23 (b) the cost to the protected defendant of imposing an 24 alternative term; 25 (c) the administrative and operational burden that imposing 26 an alternative term might place on the protected 27 defendant; 28 (d) the disruption to the protected defendant that imposing 29 an alternative term might cause; 30 (e) the budget constraints of the protected defendant; 31 (f) the resources constraints of the protected defendant; 32 Page 11
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] (g) whether the imposing of, or proposal to impose, the 1 term adequately meets the needs of the offender, 2 notwithstanding the availability of an alternative term 3 that more ideally meets the needs of the offender; 4 (h) the need to respect offenders' dignity; 5 (i) whether the imposing of, or proposal to impose, the 6 term unfairly prejudices other offenders; 7 (j) any other matter the tribunal considers relevant. 8 `(3) In this section-- 9 term includes condition, requirement or practice, whether or 10 not written. 11 `319I Restrictions on tribunal compensation orders 12 `(1) This section applies if the tribunal decides a protected 13 defendant contravened the Anti-Discrimination Act in relation 14 to an offender. 15 `(2) The tribunal may make a compensation order only if it-- 16 (a) finds that the contravention happened because of an act 17 or omission done or made in bad faith; and 18 (b) considers that no non-compensatory order effectively 19 redresses the offender for the contravention. 20 `(3) If the tribunal decides to make a compensation order, it must 21 give the protected defendant and the offender written reasons 22 that no non-compensatory order effectively redresses the 23 offender for the contravention. 24 `(4) Also, if the tribunal decides to make a compensation order-- 25 (a) the tribunal can not require that payment of an amount 26 of compensation, or interest on an amount of 27 compensation, be paid directly to the offender; and 28 (b) the order has effect as an award of compensation only 29 for part 12B; and 30 (c) the offender has no property or interest in the 31 compensation. 32 Page 12
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] `(5) In this section-- 1 compensation order means an order under the 2 Anti-Discrimination Act, section 209(1)(b). 3 non-compensatory order means an order under the 4 Anti-Discrimination Act, section 209(1) other than a 5 compensation order. 6 `Part 12B Victim trust funds 7 `Division 1 Preliminary 8 `319J Definitions 9 `In this part-- 10 award of compensation, in relation to a person, means-- 11 (a) an amount of compensation (including any interest on 12 the amount), that has been finally decided, in relation to 13 the person under the Anti-Discrimination Act, section 14 209(1)(b) or (g) for a contravention of that Act 15 committed by a protected defendant while the person 16 was an offender; or 17 (b) an obligation to pay an amount of compensation in 18 relation to the person under an agreement between the 19 person and a protected defendant relating to a complaint 20 under the Anti-Discrimination Act about an alleged 21 contravention of that Act committed by the protected 22 defendant against the person while the person was an 23 offender. 24 award of damages, in relation to a person, means-- 25 (a) an award of damages (including any interest), that has 26 been finally decided, in relation to the person by a court 27 Page 13
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] for a civil wrong committed by a protected defendant 1 against the person while the person was an offender; or 2 (b) an obligation to pay damages in relation to the person 3 under an agreement between the person and a protected 4 defendant relating to a cause of action by the person 5 against the protected defendant for a civil wrong 6 committed by the protected defendant against the person 7 while the person was an offender. 8 child support registrar means the child support registrar 9 under the Child Support (Registration and Collection) Act 10 1988 (Cwlth), section 10. 11 collection entity means-- 12 (a) the chief executive of the department in which the 13 Criminal Offence Victims Act is administered; or 14 (b) the SPER registrar; or 15 (c) the child support registrar. 16 disbursements includes outlays. 17 eligible entity claim see section 319ZC(3). 18 eligible victim claim see section 319X(3). 19 entity claim see section 319Z. 20 finally decided, for an award of compensation or an award of 21 damages, means-- 22 (a) that the period for appealing against the award has 23 ended and no appeal has been made; or 24 (b) that all appeals against the award have been withdrawn 25 or finally decided. 26 legal costs means amounts that a person has been or may be 27 charged by, or is or may become liable to pay to, a law 28 practice for the provision of legal services including interest 29 on the amounts, and disbursements and interest on 30 disbursements. 31 potential claimant, for the chief executive, means a person 32 who, from documents held by the chief executive or made 33 Page 14
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] available to the chief executive under section 319U in relation 1 to offences committed or allegedly committed by the person 2 in relation to whom the relevant award was made, appears to 3 have a victim claim against the person in relation to whom the 4 relevant award was made. 5 relevant award, for a provision about a victim trust fund, 6 means the award of relevant money that forms the fund. 7 relevant money, awarded in relation to a person, means-- 8 (a) an award of damages in relation to the person against a 9 protected defendant; or 10 (b) an award of compensation in relation to the person 11 against a protected defendant. 12 SPER means the registry established under the State Penalties 13 Enforcement Act 1999, part 2. 14 SPER registrar means the registrar of SPER under the State 15 Penalties Enforcement Act 1999, section 10. 16 victim claim see section 319S(1). 17 victim trust fund means the following-- 18 (a) a victim trust fund mentioned in section 319N(2); 19 (b) in relation to relevant money--the victim trust fund 20 formed by the money. 21 `319K Relationship between divs 2 to 4 and div 5 22 `Divisions 2 to 4 are subject to division 5. 23 `Division 2 Restrictions on causes of action 24 and agreements 25 `319L No property or interest in causes of action 26 `(1) This section applies if a protected defendant commits a civil 27 wrong against a person while the person is an offender. 28 Page 15
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] `(2) The person may bring a proceeding in a court in relation to the 1 civil wrong. 2 `(3) However, the person has no property or interest in-- 3 (a) a cause of action for the civil wrong; or 4 (b) any relevant money awarded in a proceeding mentioned 5 in subsection (2). 6 `(4) If, in the proceeding, the person establishes the liability of the 7 protected defendant for the civil wrong, the court-- 8 (a) may order the protected defendant to pay damages for 9 harm or injury suffered by the person because of the 10 civil wrong; and 11 (b) must order that the damages be dealt with under this 12 part. 13 `(5) The Civil Liability Act 2003 and the Personal Injuries 14 Proceedings Act 2002 apply to the proceeding. 15 `319M No property or interest under agreements 16 `(1) This section applies if a protected defendant enters into an 17 agreement with a person about the liability of the protected 18 defendant to pay an amount of damages or compensation, 19 however described, in relation to a civil wrong committed by 20 the protected defendant against the person while the person 21 was an offender. 22 `(2) The agreement contains the following implied terms-- 23 (a) the damages or compensation that must be paid by the 24 protected defendant must be dealt with under this part; 25 (b) the person has no property or interest in the damages or 26 compensation. 27 `(3) An agreement between the protected defendant and the person 28 to deal with the amount of damages or compensation other 29 than as provided by this part is void. 30 Page 16
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] `(4) In this section-- 1 damages or compensation includes any interest payable on 2 the damages or compensation. 3 `Division 3 Establishment of victim trust fund 4 `319N Relevant money held in trust in a victim trust fund 5 `(1) Relevant money awarded in relation to a person-- 6 (a) is held in trust by the protected defendant liable to pay 7 the relevant money for the payment of the following-- 8 (i) any awards on eligible victim claims against the 9 person; 10 (ii) any amounts of eligible entity claims against the 11 person; and 12 (b) may be paid out only as allowed under this part. 13 `(2) Relevant money held by a protected defendant in trust under 14 this part forms a fund (a victim trust fund). 15 `(3) This section is subject to any Act of the State or the 16 Commonwealth requiring the protected defendant to pay the 17 relevant money to someone else. 18 Note-- 19 Section 319ZG also provides an exception to this section for medical 20 expenses. Section 319ZH provides an exception for legal costs. 21 `319O Chief executive to be notified of victim trust fund 22 `(1) This section applies to the following protected defendants 23 liable to pay an award of relevant money-- 24 (a) a protected defendant mentioned in section 319A, 25 definition protected defendant, paragraph (a) if the 26 protected defendant's liability to pay the award of 27 relevant money arose because of an act or omission of 28 Page 17
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] an individual who is not employed or engaged by the 1 department; 2 (b) a prescribed protected defendant. 3 `(2) The protected defendant must, as soon as reasonably 4 practicable but at least within 7 days after the relevant money 5 is awarded, give the chief executive a written notice stating-- 6 (a) the name of the person in relation to whom the award 7 was made; and 8 (b) the date the award was made; and 9 (c) the amount of the award; and 10 (d) the date the victim trust fund was transferred, or is 11 intended to be transferred, to the public trustee. 12 Maximum penalty for a prescribed protected defendant--2 13 penalty units. 14 `(3) In this section-- 15 prescribed protected defendant means-- 16 (a) a protected defendant mentioned in section 319A, 17 definition protected defendant, paragraph (b) to (e); or 18 (b) a protected defendant mentioned in section 319A, 19 definition protected defendant, paragraph (f) who is an 20 individual employed or engaged by a protected 21 defendant mentioned in paragraph (a). 22 `319P Victim trust fund to be transferred to public trustee 23 `(1) A protected defendant liable to pay an award of relevant 24 money must transfer the victim trust fund to the public trustee 25 within 1 month after the award is made. 26 Maximum penalty for a prescribed protected defendant--2 27 penalty units. 28 `(2) The public trustee must-- 29 (a) hold the victim trust fund under this part; and 30 Page 18
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] (b) pay an amount out of the victim trust fund only as 1 allowed under this part. 2 `(3) Interest or other money received or realised on the investment 3 of the victim trust fund is payable to and forms part of the 4 victim trust fund. 5 `(4) In this section-- 6 prescribed protected defendant means-- 7 (a) a protected defendant mentioned in section 319A, 8 definition protected defendant, paragraph (b) to (e); or 9 (b) a protected defendant mentioned in section 319A, 10 definition protected defendant, paragraph (f) who is an 11 individual employed or engaged by a protected 12 defendant mentioned in paragraph (a). 13 `319Q Discharge of protected defendant 14 `(1) The public trustee must give the protected defendant a receipt 15 for a victim trust fund transferred to the public trustee under 16 section 319P. 17 `(2) The receipt is sufficient discharge to the protected defendant 18 as to the victim trust fund and on receiving the receipt, the 19 protected defendant is not liable or accountable for the victim 20 trust fund or liable for the application, distribution or 21 appropriation of the victim trust fund. 22 `(3) If the protected defendant is not the State, the protected 23 defendant must give a copy of the receipt to the chief 24 executive. 25 `319R Relevant money to form a separate victim trust fund 26 `(1) If relevant money is awarded in relation to a person more than 27 once, each award forms a separate victim trust fund. 28 `(2) This part must be complied with for each of the victim trust 29 funds. 30 Page 19
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] Example-- 1 If relevant money is awarded in relation to a person on 1 January and 1 2 October, the relevant money awarded on each occasion forms a separate 3 victim trust fund. The notification requirements under section 319T 4 must be complied with for each of the funds. 5 `Division 4 Distribution of victim trust fund 6 `Subdivision 1 Victim claims 7 `319S What is a victim claim 8 `(1) A person has a claim (a victim claim) against someone else 9 (the relevant person) if the person has a cause of action 10 against the relevant person for an injury to the person caused 11 by the conduct of the relevant person that, on the balance of 12 probabilities, constitutes an offence. 13 `(2) Subsection (1) applies-- 14 (a) whether or not the relevant person is prosecuted for, or 15 convicted of, an offence in relation to the conduct; and 16 (b) even if the relevant person is found to have been 17 suffering from unsoundness of mind in relation to the 18 conduct, or unfit for trial, under the Mental Health Act 19 2000, chapter 7, part 6. 20 `(3) In this section-- 21 injury includes fatal injury. 22 Editor's note-- 23 See the Succession Act 1981, section 66 (Survival of actions). 24 `319T Notice to potential claimants 25 `(1) The chief executive must, within 1 month after relevant 26 money is awarded in relation to a person (the relevant 27 person), give each potential claimant a written notice 28 stating-- 29 Page 20
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] (a) the name of the relevant person; and 1 (b) that there is a victim trust fund; and 2 (c) that the potential claimant may have a victim claim 3 against the relevant person and that the victim claim 4 may be payable from the victim trust fund; and 5 (d) the period within which the potential claimant must start 6 a proceeding in a court on a victim claim to have an 7 eligible victim claim against the relevant person; and 8 (e) the other steps the potential claimant must take for the 9 potential claimant to have an eligible victim claim 10 against the relevant person. 11 `(2) The chief executive is taken to have complied with subsection 12 (1) if the chief executive-- 13 (a) gives a written notice to each potential claimant at the 14 address of the potential claimant last known to the chief 15 executive; or 16 (b) publishes a notice in the gazette containing the 17 information mentioned in subsection (1). 18 `319U Identification of potential claimants 19 `(1) The chief executive may consult with the following persons 20 for the purpose of identifying potential claimants for a victim 21 trust fund-- 22 (a) the commissioner of the police service; 23 (b) the director of public prosecutions; 24 (c) the chief executive of the department in which the 25 Criminal Offence Victims Act is administered. 26 `(2) The disclosure of information by the director of public 27 prosecutions for the purpose mentioned in subsection (1) is a 28 disclosure under an Act for the Director of Public 29 Prosecutions Act 1984, section 24A. 30 `(3) The disclosure of information by the commissioner of the 31 police service for the purpose mentioned in subsection (1) is 32 Page 21
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] an authorised or permitted disclosure under an Act for the 1 Police Service Administration Act 1990, section 10.1. 2 `(4) The disclosure of information by the chief executive of the 3 department in which the Criminal Offence Victims Act is 4 administered for the purpose mentioned in subsection (1) is 5 authorised despite any other Act or law. 6 `(5) If the chief executive is satisfied there are no potential 7 claimants for a victim trust fund, the chief executive must, as 8 soon as reasonably practicable after being so satisfied, give 9 written notice of that fact to the public trustee. 10 `319V Giving of information to potential claimants 11 `(1) The chief executive must, in response to a request made by a 12 potential claimant and as soon as reasonably practicable after 13 the request is received, give the potential claimant the 14 information the chief executive is reasonably able to give 15 about-- 16 (a) the relevant award; and 17 (b) the amount of the victim trust fund; and 18 (c) any other victim claims against the person in relation to 19 whom the relevant money was awarded that may be 20 payable from the victim trust fund and of which the 21 chief executive has been given notice under section 22 319X(5). 23 `(2) The giving of information under subsection (1)-- 24 (a) is allowed despite an agreement to which the protected 25 defendant liable to pay the relevant award is a party that 26 would otherwise prohibit or restrict the disclosure of 27 information about the relevant award; and 28 (b) is not a contravention of the agreement. 29 `(3) However, the giving of information under subsection (1) must 30 not include the giving of someone else's personal information, 31 unless that person has given written consent to its giving. 32 Page 22
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] `(4) A potential claimant to whom information is given under 1 subsection (1) must not disclose the information to someone 2 else other than-- 3 (a) for the purpose of obtaining legal advice or 4 representation, or for a proceeding, relating to a victim 5 claim by the potential claimant against the person in 6 relation to whom the relevant money was awarded; or 7 (b) as required by law; or 8 (c) for information that is personal information of someone 9 else--with the consent of that person. 10 Maximum penalty--50 penalty units. 11 `(5) In this section-- 12 personal information, of a person, means the person's name 13 and address, or other information that may identify the person. 14 `319W Starting of victim claims proceedings despite expiry 15 of limitation period 16 `(1) If relevant money is awarded in relation to a person (the 17 relevant person), an action on a victim claim against the 18 relevant person may be brought-- 19 (a) by a proceeding started within 6 months after the 20 relevant money is awarded; and 21 (b) despite the Limitation of Actions Act 1974, section 11. 22 Note-- 23 See section 478E about the application of this part to civil wrongs 24 committed before the commencement of that section. 25 `(2) However, an award of damages in a proceeding brought under 26 this section-- 27 (a) has effect only to allow the payment under section 319Y 28 of all or part of those damages out of the victim trust 29 fund; and 30 (b) can not otherwise be enforced against the relevant 31 person or the relevant person's property. 32 Page 23
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] `319X Notifying victim claims 1 `(1) This section applies if a person has a victim claim against 2 someone else in relation to whom relevant money was 3 awarded (the relevant person) and the person either-- 4 (a) started a proceeding in a court on the claim against the 5 relevant person before the award was made; or 6 Example for paragraph (a)-- 7 The person started a proceeding in a court on a claim for 8 personal injury against an offender 5 years before the award of 9 offender money in relation to the offender. 10 (b) starts a proceeding in a court on the claim against the 11 relevant person within 6 months after the award is made. 12 `(2) The person may notify the public trustee of the victim claim 13 by giving the public trustee-- 14 (a) written notice of the proceeding within 6 months after 15 the relevant money is awarded; and 16 (b) the further details of the proceeding or any award of 17 damages made in relation to the victim claim, if any, that 18 are reasonably requested by the public trustee to enable 19 the public trustee to perform its functions under this 20 part. 21 `(3) A victim claim notified to the public trustee as mentioned in 22 subsection (2) is an eligible victim claim. 23 `(4) The public trustee may reject a victim claim if the person fails 24 to comply with a request for further details under subsection 25 (2)(b) without reasonable excuse. 26 `(5) The public trustee must give a copy of the written notice or the 27 further details received under subsection (2) to the chief 28 executive within 7 days after receiving the notice or the 29 details. 30 `(6) In this section-- 31 written notice, of a proceeding, means-- 32 Page 24
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] (a) a certified copy of the notice given under the Personal 1 Injuries Proceedings Act 2002, section 9 for the 2 proceeding; or 3 (b) other written evidence of the proceeding that satisfies 4 the public trustee that the proceeding has been started. 5 `319Y Payment of eligible victim claims from victim trust 6 fund 7 `(1) The public trustee must pay from a victim trust fund any 8 award on an eligible victim claim against the person in 9 relation to whom the relevant award was made (the relevant 10 person). 11 Note-- 12 See also section 319ZK. 13 `(2) The payment must be made as soon as practicable after all 14 proceedings on eligible victim claims against the relevant 15 person started before the cut-off day have been finally 16 decided. 17 `(3) For subsection (2), a proceeding on an eligible victim claim 18 against the relevant person is taken to have been finally 19 decided if the public trustee is satisfied that-- 20 (a) the period for appealing against a decision awarding 21 damages made by a court in the proceeding has ended 22 and no appeal has been made; or 23 (b) all appeals against a decision awarding damages made 24 by a court in the proceeding have been withdrawn or 25 finally decided; or 26 (c) no step has been taken in the proceeding for 1 year from 27 when the last step was taken in the proceeding; or 28 (d) the proceeding has been discontinued. 29 `(4) If the amount of the victim trust fund is not enough to pay all 30 of the awards on eligible victim claims against the relevant 31 person, the public trustee must pay each award 32 proportionately. 33 Page 25
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] `(5) Subject to an Act providing for the holding of moneys on trust 1 for a person under a legal disability, the payments must be 2 made-- 3 (a) to the person named in the award; and 4 (b) to the extent that the award has not been satisfied by 5 someone else. 6 `(6) An award on an eligible victim claim against the relevant 7 person, to the extent of any payment of the award under this 8 section-- 9 (a) is discharged; and 10 (b) can not be enforced against the relevant person or any 11 other person. 12 `(7) In this section-- 13 award, on an eligible victim claim against a relevant person, 14 means-- 15 (a) an award of damages, that has been finally decided, to a 16 person by a court in a proceeding on the eligible victim 17 claim by the person against the relevant person; or 18 (b) an award of damages to a person under an agreement 19 between the person and the relevant person relating to 20 an eligible victim claim by the person against the 21 relevant person. 22 cut-off day, for starting a proceeding on an eligible victim 23 claim against the relevant person, means the day after the last 24 day on which a proceeding may be started for section 25 319X(1)(b). 26 `Subdivision 2 Entity claims 27 `319Z What is an entity claim 28 `(1) The chief executive of the department in which the Criminal 29 Offence Victims Act is administered has, for the State, a claim 30 Page 26
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] (an entity claim) against a person in relation to whom relevant 1 money is awarded (the relevant person) if-- 2 (a) the State has paid an amount under-- 3 (i) the Criminal Offence Victims Act, section 32, for a 4 compensation order made against the relevant 5 person; or 6 (ii) the Criminal Offence Victims Act, section 33, in 7 relation to an act committed by the relevant person; 8 or 9 (iii) the Criminal Offence Victims Act, section 34, in 10 relation to-- 11 (A) an arrest, or attempted arrest, of the relevant 12 person; or 13 (B) a prevention, or attempted prevention, of an 14 offence or suspected offence committed by 15 the relevant person; or 16 (iv) the Criminal Offence Victims Act, section 35, for 17 an offence of murder or manslaughter committed 18 by the relevant person; or 19 (v) the Criminal Code, chapter 65A, section 663C, as 20 in force from time to time before its repeal and as 21 applied by the Criminal Offence Victims Act, 22 section 46(2) in relation to an indictable offence 23 committed by the relevant person; or 24 (vi) the Criminal Code, chapter 65A, section 663D, as 25 in force from time to time before its repeal and as 26 applied by the Criminal Offence Victims Act, 27 section 46(2) in relation to-- 28 (A) an arrest, or attempted arrest, of the relevant 29 person; or 30 (B) a prevention, or attempted prevention, of an 31 offence or suspected offence committed by 32 the relevant person; or 33 (C) an act or omission of the relevant person; or 34 Page 27
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] (D) an indictable offence allegedly committed by 1 the relevant person; and 2 (b) the State has not recovered the amount in full from any 3 person. 4 `(2) The SPER registrar has a claim (also an entity claim) against a 5 person in relation to whom relevant money is awarded (the 6 relevant person) if-- 7 (a) an amount is payable by the relevant person to SPER 8 under the State Penalties Enforcement Act 1999 or 9 another Act; and 10 (b) SPER has not recovered the amount in full from any 11 person. 12 `(3) The child support registrar has a claim (also an entity claim) 13 against a person in relation to whom relevant money is 14 awarded (the relevant person) if-- 15 (a) the relevant person owes a child support debt to the 16 Commonwealth; and 17 (b) the Commonwealth has not recovered the debt in full 18 from any person. 19 `(4) In this section-- 20 child support debt means-- 21 (a) an amount that is a debt due to the Commonwealth 22 under the Child Support (Registration and Collection) 23 Act 1988 (Cwlth), section 30; or 24 (b) any amount payable as a penalty on an amount 25 mentioned in paragraph (a) under the Child Support 26 (Registration and Collection) Act 1988 (Cwlth), section 27 67. 28 Note-- 29 The chief executive of the department in which the Criminal Offence 30 Victims Act is administered, the SPER registrar and the child support 31 registrar are all collection entities for this part. See section 319J. 32 compensation order see Criminal Offence Victims Act, 33 section 24(3). 34 Page 28
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] `319ZA Notice to collection entities of establishment of victim 1 trust fund 2 `The chief executive must, within 1 month after relevant 3 money is awarded in relation to a person (the relevant 4 person), give each collection entity a written notice stating-- 5 (a) the name of the relevant person; and 6 (b) that there is a victim trust fund; and 7 (c) that the collection entity may have an entity claim 8 against the relevant person and that the claim may be 9 payable from the victim trust fund; and 10 (d) that the public trustee will notify the collection entity 11 under section 319ZB if there is an amount left in the 12 victim trust fund available for paying eligible entity 13 claims. 14 `319ZB Notice to collection entities if amount left in victim 15 trust fund 16 `(1) The public trustee must work out the amount, if any, left in a 17 victim trust fund that is available under section 319ZD for 18 paying eligible entity claims at the following time-- 19 (a) generally--within 1 month after paying under section 20 319Y all awards made on eligible victim claims; 21 (b) if the public trustee has received a notice from the chief 22 executive under section 319U(5)--within 1 month after 23 receiving the notice. 24 `(2) If there is an amount left in the victim trust fund that is 25 available under section 319ZD for paying eligible entity 26 claims, the public trustee must, within 1 month after working 27 out the amount, give each collection entity a written notice 28 stating-- 29 (a) the name of the person in relation to whom relevant 30 money was awarded (the relevant person); and 31 (b) the amount left in the victim trust fund; and 32 Page 29
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] (c) that the collection entity may have an entity claim 1 against the relevant person and that the claim may be 2 payable from the victim trust fund; and 3 (d) the period within which the collection entity must notify 4 an amount of an entity claim to the public trustee to have 5 an eligible entity claim against the relevant person; and 6 (e) the other steps the collection entity must take for the 7 collection entity to have an eligible entity claim against 8 the relevant person. 9 `319ZC Notifying entity claims 10 `(1) This section applies if a collection entity has an entity claim 11 against a person in relation to whom relevant money was 12 awarded (the relevant person). 13 `(2) The collection entity may notify the public trustee of the 14 entity claim by giving the public trustee-- 15 (a) written notice of the amount of the entity claim within 1 16 month after the collection entity is notified under section 17 319ZB(2); and 18 (b) evidence of the entity claim that reasonably satisfies the 19 public trustee that-- 20 (i) the relevant person is liable for the entity claim; 21 and 22 (ii) the amount notified is accurate. 23 `(3) An entity claim notified to the public trustee as mentioned in 24 subsection (2) is an eligible entity claim. 25 `(4) The public trustee may reject an entity claim if the collection 26 entity fails to comply with a request for evidence under 27 subsection (2)(b) without reasonable excuse. 28 `(5) The public trustee must give a copy of the written notice or the 29 evidence received under subsection (2) to the chief executive 30 within 7 days after receiving the notice or the evidence. 31 Page 30
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] `319ZD Payment of eligible entity claims from victim trust fund 1 `(1) The public trustee must pay from the amount left in a victim 2 trust fund, after paying under section 319Y all awards made 3 on eligible victim claims in relation to the victim trust fund, 4 the amount of any eligible entity claim against the person in 5 relation to whom relevant money was awarded (the relevant 6 person). 7 Note-- 8 See also section 319ZK. 9 `(2) The payment must be made within 2 months after giving 10 notice under section 319ZB(2). 11 `(3) The public trustee must pay the amount of any eligible entity 12 claims in the following order to the extent of the amount left 13 in the victim trust fund-- 14 (a) eligible entity claims notified by the chief executive of 15 the department in which the Criminal Offence Victims 16 Act is administered; 17 (b) eligible entity claims notified by the SPER registrar; 18 (c) eligible entity claims notified by the child support 19 registrar. 20 `(4) An eligible entity claim, to the extent of any payment of an 21 amount of the claim under this section-- 22 (a) is discharged; and 23 (b) can not be enforced against the relevant person or any 24 other person. 25 `Subdivision 3 Payments to offender 26 `319ZE Payment to offender of victim trust fund surplus 27 `(1) The public trustee must, within 1 month after complying with 28 319ZD in relation to a victim trust fund, work out the amount, 29 if any, left in the victim trust fund. 30 Page 31
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] `(2) If there is an amount left in the victim trust fund, the public 1 trustee must, within 1 month after working out the amount-- 2 (a) if the person in relation to whom the relevant money was 3 awarded is a prisoner--pay the amount to the chief 4 executive for payment into the person's account in the 5 prisoners trust fund under section 311; or 6 (b) if the person in relation to whom the relevant money was 7 awarded is not a prisoner--pay the amount to or at the 8 direction of the person. 9 Note-- 10 See also section 319ZK. 11 `319ZF Payment to offender if no victim claims or entity 12 claims against offender 13 `(1) This section applies if the public trustee is not notified under 14 section 319ZC of the amount of any entity claim in relation to 15 a victim trust fund. 16 `(2) The public trustee must pay the amount of the victim trust 17 fund to the person in relation to whom the relevant money was 18 awarded within 2 months after giving notice under section 19 319ZB(2). 20 Note-- 21 See also section 319ZK. 22 `Division 5 Amounts not included in victim 23 trust fund 24 `319ZG Exception for future medical expenses 25 `Divisions 2 to 4 do not apply to an amount that is identified 26 in an award of relevant money or an agreement about relevant 27 money as being payable by a protected defendant as damages 28 for future medical expenses. 29 Page 32
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] `319ZH Exception for legal costs 1 `(1) Divisions 2 to 4 do not apply to an amount that is payable by a 2 protected defendant as legal costs-- 3 (a) under an order for costs made by a court or tribunal 4 against the protected defendant; or 5 (b) under an agreement about relevant money between the 6 protected defendant and the person in relation to whom 7 the relevant money was awarded (the relevant person); 8 or 9 (c) for an award of relevant money against the protected 10 defendant that is inclusive of costs, that is reasonably 11 attributable to the legal costs of the relevant person. 12 `(2) The amount reasonably attributable to the legal costs 13 mentioned in subsection (1)(c) is the reasonable amount-- 14 (a) decided by the protected defendant on the basis of a bill 15 for the costs given to the protected defendant by the 16 legal practitioner concerned; and 17 (b) notified by the protected defendant to the relevant 18 person. 19 `(3) If the relevant person, by written notice to the protected 20 defendant, disputes the protected defendant's decision, the 21 protected defendant must apply for the assessment of the costs 22 under the Legal Profession Act 2007. 23 `(4) The assessment must be conducted as if the protected 24 defendant were liable to pay the costs as a result of an order 25 for the payment of an unstated amount of costs made by a 26 court. 27 `(5) The costs of the assessment are payable-- 28 (a) if the amount of costs fixed by the costs assessor is at 29 least 10% more than the amount decided by the 30 protected defendant--by the protected defendant; or 31 (b) otherwise--from the victim trust fund, in priority to all 32 other payments from the fund. 33 Page 33
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 4] `319ZI Orders in relation to relevant money 1 `(1) This section applies if a court or tribunal makes an award of 2 compensation or an award of damages in relation to a person. 3 `(2) The court or tribunal must make all necessary orders to ensure 4 that an amount mentioned in section 319ZG or 319ZH is not 5 held in a victim trust fund. 6 `319ZJ Agreements in relation to relevant money 7 `(1) This section applies if a protected defendant enters into an 8 agreement about relevant money with the person in relation to 9 whom the relevant money was awarded. 10 `(2) The agreement contains an implied term that an amount 11 mentioned in section 319ZG or 319ZH is not held in a victim 12 trust fund. 13 `Division 6 Miscellaneous 14 `319ZK Amounts payable to public trustee for performance 15 of functions 16 `(1) This section applies to any amounts payable under the Public 17 Trustee Act 1978 from a victim trust fund to the public trustee 18 for the performance of its functions under this part. 19 `(2) The amounts must be paid to the public trustee from the 20 victim trust fund before paying any of the following amounts 21 under this part-- 22 (a) an award on an eligible victim claim under section 23 319Y; 24 (b) an amount of an eligible entity claim under section 25 319ZD; 26 (c) an amount payable to an offender under section 319ZE 27 or 319ZF. 28 Note-- 29 See section 319ZH(5)(b). 30 Page 34
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 5] `319ZL Maximum legal costs of victim claims 1 `(1) The maximum amount of legal costs, inclusive of GST, that a 2 legal practitioner may charge and recover from a client for 3 work done relating to a victim claim that may be payable from 4 a victim trust fund is-- 5 (a) if the amount recovered on the claim is $100000 or 6 less--20% of the amount recovered or $10000 7 whichever is greater; or 8 (b) if the amount recovered on the claim is more than 9 $100000 but not more than $250000--18% of the 10 amount recovered or $20000 whichever is greater; or 11 (c) if the amount recovered on the claim is more than 12 $250000 but not more than $500000--16% of the 13 amount recovered or $45000 whichever is greater; or 14 (d) if the amount recovered on the claim is more than 15 $500000--15% of the amount recovered or $80000 16 whichever is greater. 17 `(2) This section applies despite any other Act providing for the 18 assessment or payment of legal costs. 19 `(3) In this section-- 20 amount recovered, on a claim, means the full amount of the 21 damages awarded and not just the amount of the award paid 22 from a victim trust fund.'. 23 Clause 5 Insertion of new ch 6, pt 13A 24 Chapter 6-- 25 insert-- 26 Page 35
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 5] `Part 13A Use of dangerous drugs for 1 training 2 `Division 1 Preliminary 3 `344A Object of pt 13A 4 `(1) The object of this part is to ensure training in the department 5 about dangerous drugs is realistic and effective. 6 `(2) The object is to be achieved by putting in place 7 arrangements-- 8 (a) to allow the department to have access to dangerous 9 drugs for training purposes; and 10 (b) to ensure dangerous drugs in the possession of the 11 department for training purposes-- 12 (i) are carefully handled to ensure their effectiveness 13 for training purposes is not compromised; and 14 (ii) are subject to strict tracking and accountability 15 requirements. 16 `344B Definitions for pt 13A 17 `In this part-- 18 agency arrangement means an arrangement, or series of 19 arrangements, between the chief executive and the chief 20 executive officer, by whatever name known, of a department 21 or other agency of the State or the Commonwealth (the other 22 agency) providing for the following-- 23 (a) the transfer of possession of a batch of a dangerous drug 24 from the possession of the other agency into the 25 possession of the department; 26 (b) that the batch of the dangerous drug is to be used for 27 training in the department; 28 Page 36
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 5] (c) the type and extent of the training for which the batch of 1 the dangerous drug is to be used; 2 (d) what is to be done with the batch of the dangerous drug 3 at the end of the training; 4 (e) anything else the parties to the arrangement consider 5 appropriate. 6 Example of an agency arrangement made up of a series of 7 arrangements-- 8 A first arrangement between the chief executive and an agency could 9 establish basic principles to govern the supply of dangerous drugs to the 10 chief executive for training purposes. A second arrangement between 11 the chief executive and the agency could establish particular procedures 12 to be followed for transferring particular types of dangerous drugs 13 between the department and the agency subject to the basic principles 14 established in the first arrangement. A third arrangement between the 15 chief executive and the agency could provide for the special 16 circumstances applying to a batch of 1 of the particular types of 17 dangerous drugs mentioned in the second arrangement. For the batch 18 mentioned in the third arrangement, the agency arrangement may be 19 ascertained from a reading of all 3 arrangements. 20 dangerous drug see the Drugs Misuse Act 1986, section 4. 21 drug control direction means a direction of the chief 22 executive-- 23 (a) authorising-- 24 (i) the keeping of a batch of a dangerous drug; and 25 (ii) the use of the batch in training in the department; 26 and 27 (b) stating the conditions under which the keeping and use 28 of the batch of the dangerous drug is authorised. 29 drug control officer means a person holding an appointment 30 under division 2 as a drug control officer. 31 drug vault means a secure facility suitable for the storage of 32 dangerous drugs in the possession of the department for 33 training purposes under the authority of a drug control 34 direction. 35 Page 37
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 5] register of dangerous drugs for training means the register of 1 dangerous drugs for training kept under section 344M. 2 secure facility means a facility that is secure against 3 unauthorised entry. 4 `Division 2 Drug control officers 5 `344C Appointment and qualifications 6 `(1) The chief executive may appoint a corrective services officer 7 as a drug control officer. 8 `(2) However, the chief executive may appoint a corrective 9 services officer as a drug control officer only if-- 10 (a) the chief executive is satisfied the officer is qualified for 11 appointment because the officer has the necessary 12 expertise or experience; or 13 (b) the officer has satisfactorily finished training approved 14 by the chief executive. 15 `344D Appointment conditions 16 `(1) A drug control officer holds office on any conditions stated 17 in-- 18 (a) the drug control officer's instrument of appointment; or 19 (b) a signed notice given to the drug control officer; or 20 (c) a regulation. 21 `(2) The instrument of appointment, a signed notice given to the 22 drug control officer or a regulation may limit the drug control 23 officer's powers under this part. 24 `(3) In this section-- 25 signed notice means a notice signed by the chief executive. 26 Page 38
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 5] `344E Issue of identity card 1 `(1) The chief executive must issue an identity card to each drug 2 control officer. 3 `(2) The identity card must-- 4 (a) contain a recent photo of the drug control officer; and 5 (b) contain a copy of the drug control officer's signature; 6 and 7 (c) identify the person as a drug control officer under this 8 part; and 9 (d) state an expiry date for the card. 10 `(3) This section does not prevent the issue of a single identity 11 card to a person for this Act and for other purposes. 12 `344F Resignation 13 `A drug control officer may resign by signed notice given to 14 the chief executive. 15 `344G Return of identity card 16 `A person who ceases to be a drug control officer must return 17 the person's identity card to the chief executive within 21 days 18 after ceasing to be a drug control officer unless the person has 19 a reasonable excuse. 20 Maximum penalty--40 penalty units. 21 `344H Function and powers of drug control officer 22 `(1) A drug control officer has the function of administering and 23 controlling, as required under this part and the conditions on 24 which the drug control officer holds office, the following-- 25 (a) the receiving into the possession of the department of 26 batches of dangerous drugs to be used for training 27 purposes (the batches); 28 (b) the storage of the batches; 29 Page 39
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 5] (c) the movement in and out of storage, for the purposes of 1 training, of the batches or parts of the batches; 2 (d) how the batches leave the possession of the department. 3 `(2) A drug control officer has power, within the department, to do 4 all things necessary to be done for the performance of the drug 5 control officer's function. 6 `Division 3 Keeping and use of dangerous 7 drugs for training 8 `344I Keeping dangerous drug for use in department 9 training 10 `A batch of a dangerous drug may lawfully be kept in the 11 possession of the department and used for training in the 12 department if-- 13 (a) the keeping of the batch, and its use for training in the 14 department, is authorised under a drug control direction; 15 and 16 (b) the batch is kept, and used for training, in accordance 17 with the conditions included in the drug control 18 direction. 19 `344J Making drug control direction 20 `(1) The chief executive may make a drug control direction for a 21 batch of a dangerous drug. 22 `(2) The chief executive may make a drug control direction for a 23 batch of a dangerous drug only if the batch comes into the 24 possession of the department under an agency arrangement. 25 `(3) The conditions included in the drug control direction must 26 include the following conditions-- 27 (a) a condition that the batch must be used only for the 28 training purposes stated in the condition; 29 Page 40
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 5] Example of training purposes-- 1 training corrective services dogs to detect the presence of 2 dangerous drugs in various situations 3 (b) a condition that the training for which the batch is used 4 must be of the type, and of the extent, stated in the 5 condition; 6 (c) a condition that the whole of the batch must at all 7 times-- 8 (i) be under the effective control of a drug control 9 officer or 1 or more of the corrective services 10 officers identified in the condition; or 11 (ii) be kept securely in a way stated in the condition; 12 (d) a condition that, as soon as practicable after the batch is 13 used for training purposes for the last time, the batch 14 must be destroyed or disposed of in the way stated in the 15 condition. 16 `(4) Subsection (3) does not limit the conditions that may be 17 included in the drug control direction. 18 `(5) The chief executive must ensure that the department complies 19 with the conditions included in the drug control direction. 20 `344K Entering into agency arrangement 21 `(1) The chief executive may enter into an agency arrangement. 22 `(2) The chief executive may enter into an agency arrangement 23 only if the department or other agency, whose chief executive 24 officer is the other party to the arrangement, is authorised to 25 possess the batch of the dangerous drug the subject of the 26 arrangement. 27 `(3) The chief executive must ensure the department complies with 28 the agency arrangement. 29 Page 41
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 5] `344L Requirements for keeping of dangerous drugs for 1 training purposes 2 `(1) The following requirements apply for the department's 3 possession of dangerous drugs for training purposes-- 4 (a) each batch of a dangerous drug must be stored in a drug 5 vault; 6 (b) when a batch of a dangerous drug is received into a drug 7 vault for storage for the first time, it must be 8 accompanied by a document certifying, in a way 9 approved by the chief executive, the weight and purity 10 of the batch; 11 (c) a drug vault must not be used for storing a dangerous 12 drug that is in the possession of the department other 13 than for training purposes; 14 (d) a drug vault must be designed and constructed for 15 ensuring, to the greatest practicable extent, that each 16 batch of a dangerous drug stored in it keeps its level of 17 effectiveness for training purposes; 18 (e) a drug vault must include enough separate storage to 19 ensure that no batch of a dangerous drug stored in the 20 vault can be contaminated by another batch, or can 21 otherwise be made ineffective or less effective for 22 training purposes; 23 (f) the whole of a batch of a dangerous drug must be stored 24 in a drug vault at all times, except to the extent the 25 batch, or a part of the batch, is required to be held 26 somewhere else for training purposes; 27 (g) an audit of each drug vault must be conducted at least 28 once every 3 months by a corrective services officer not 29 otherwise directly associated with the keeping or use of 30 dangerous drugs for training purposes; 31 (h) when a batch of a dangerous drug leaves a drug vault for 32 the last time-- 33 Page 42
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 5] (i) it must be accompanied by a document certifying, 1 in a way approved by the chief executive, the 2 weight and purity of the batch; and 3 (ii) a copy of the document mentioned in subparagraph 4 (i) must be kept at the drug vault or at another 5 place the chief executive directs. 6 `(2) Without limiting the scope of an audit under subsection (1)(g), 7 the audit must include-- 8 (a) weighing each batch of dangerous drugs in the drug 9 vault to find out whether all quantities of dangerous 10 drugs that should be in the drug vault at the time of the 11 audit are in the vault; and 12 (b) finding out whether the drug vault is storing any 13 dangerous drugs, or anything else, that should not be 14 stored in the drug vault; and 15 (c) finding out whether, and to what extent, the purity of 16 any batch of a dangerous drug stored at the drug vault 17 has been adversely affected since it was received into 18 the drug vault; and 19 (d) a review of the register of dangerous drugs for training. 20 `(3) Without limiting the requirements for an audit under 21 subsection (1)(g), requirements for the audit include the 22 following-- 23 (a) the performance of the audit must be supervised by a 24 corrective services officer who is-- 25 (i) authorised by the chief executive to supervise the 26 performance of the audit; and 27 (ii) not otherwise directly associated with the keeping 28 or use of dangerous drugs for training purposes; 29 (b) all batches of dangerous drugs stored in the drug vault 30 must be the subject of analysis by an analyst under the 31 Drugs Misuse Act 1986; 32 (c) the accuracy of the scales used in measuring the weights 33 of batches of dangerous drugs stored in the drug vault 34 Page 43
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 5] must be certified in a way approved by the chief 1 executive. 2 `Division 4 Register of dangerous drugs for 3 training 4 `344M Register of dangerous drugs for training 5 `(1) The chief executive must keep a register of dangerous drugs 6 for training. 7 `(2) The register may form part of another register whether kept 8 under this or another Act. 9 `(3) The chief executive-- 10 (a) subject to subsection (4), may keep the register of 11 dangerous drugs for training in the way the chief 12 executive considers appropriate; and 13 Example for paragraph (a)-- 14 The register may be kept on a computer or partly on a computer 15 and partly in written form. 16 (b) must ensure the register is kept in a secure place. 17 `(4) The register of dangerous drugs for training must be kept in a 18 way that, to the greatest practicable extent, enables a drug 19 control officer, or a corrective services officer performing a 20 lawful function associated with the keeping of dangerous 21 drugs in the possession of the department under this Act, 22 whether or not under this part, to comply with this Act's 23 requirements. 24 `(5) Unless the chief executive otherwise authorises, an entry in 25 the register of dangerous drugs for training may only be made 26 by a drug control officer who is authorised, under the 27 conditions on which the drug control officer holds office, to 28 make the entry. 29 `(6) If the chief executive gives a direction under this division 30 restricting access to information included in the register of 31 dangerous drugs for training, a drug control officer authorised 32 Page 44
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 5] to record the information in the register must ensure the 1 information is recorded in a way that, to the greatest 2 practicable extent, stops disclosure of the information to a 3 person not authorised to have access to it. 4 `344N Information to be recorded in the register of 5 dangerous drugs for training 6 `(1) The following information must be recorded in the register of 7 dangerous drugs for training about each batch of a dangerous 8 drug coming into the possession of the department to be used 9 for training purposes-- 10 (a) the name of the dangerous drug; 11 (b) a description of the batch; 12 (c) the weight, in grams, of the batch; 13 (d) a description of any container or packaging, and of any 14 other item, used for conveying the batch into the 15 possession of the department; 16 (e) the weight, in grams, of any container or packaging, and 17 of any other item, used for conveying the batch into the 18 possession of the department; 19 (f) when the batch was received into the possession of the 20 department; 21 (g) the purity of the batch, and details of the certification of 22 the purity; 23 (h) a description of the circumstances in which the batch 24 came into the possession of the department. 25 `(2) The following information must be recorded in the register of 26 dangerous drugs for training about each batch of a dangerous 27 drug in the possession of the department for training purposes 28 if the batch, or part of the batch, is taken from the drug vault 29 where it is stored because it is to be used for training 30 purposes-- 31 (a) when the batch or part of the batch leaves the drug vault; 32 Page 45
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 5] (b) the nature of the training for which the batch or part of 1 the batch is to be used; 2 (c) the condition of any container or packaging in which the 3 batch or part of the batch leaves the drug vault; 4 (d) the weight, in grams, of the batch or part of the batch 5 when it leaves the drug vault; 6 (e) the condition of any container or packaging in which the 7 batch or part of the batch is returned to the drug vault; 8 (f) the weight, in grams, of the batch or part of the batch 9 when it is returned to the drug vault. 10 `(3) The following information must be recorded in the register of 11 dangerous drugs for training when a batch of a dangerous 12 drug leaves a drug vault for the last time to be disposed of or 13 to be returned to an entity under an agency arrangement-- 14 (a) the weight, in grams, of the batch when it leaves the 15 drug vault; 16 (b) the weight, in grams, of any container or packaging in 17 which the batch leaves the drug vault. 18 `(4) Recording under subsection (1), (2) or (3) must be performed 19 as close as reasonably practicable to the happening of the 20 event to which the recording relates. 21 `344O Restriction on release of information from register of 22 dangerous drugs for training 23 `(1) The chief executive may give a direction restricting access to 24 information recorded in the register of dangerous drugs for 25 training to persons other than-- 26 (a) a drug control officer who reasonably needs the 27 information for the performance of the officer's function 28 under this part; or 29 (b) a corrective services officer who reasonably needs the 30 information for conducting or supervising, under this 31 part, an audit of a drug vault; or 32 Page 46
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 6] (c) another corrective services officer, if the corrective 1 services officer is performing a function associated with 2 the keeping of dangerous drugs in the possession of the 3 department under this Act, whether or not under this 4 part, and reasonably needs the information for the 5 performance of the officer's function; or 6 (d) a police officer who reasonably needs the information 7 for the performance of the officer's functions under an 8 Act; or 9 (e) a person stated in the direction. 10 `(2) A direction under subsection (1) may restrict access to all 11 information recorded in the register or only to information of 12 a type stated in the direction. 13 `(3) The chief executive must keep a written record of the reasons 14 for giving a direction under subsection (1) in each particular 15 case. 16 `(4) The chief executive may give a direction under subsection (1), 17 and keep the direction in place, only if the chief executive 18 considers that a failure to give the direction, or to keep the 19 direction in place, may prejudice-- 20 (a) the security of a drug vault; or 21 (b) the safety of-- 22 (i) a corrective services officer; or 23 (ii) another person associated with keeping dangerous 24 drugs in the possession of the department for 25 training purposes; or 26 (iii) a person associated with a person mentioned in 27 subparagraph (i) or (ii).'. 28 Clause 6 Amendment of s 349 (Protection from liability) 29 Section 349(4), definition official, paragraph (a)(iv)-- 30 omit, insert-- 31 `(iv) a volunteer; or 32 Page 47
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 7] (v) a protected defendant mentioned in section 319A, 1 definition protected defendant, paragraph (b) to (e) 2 performing a function under chapter 6, part 12B; or 3 (vi) the public trustee performing a function under 4 chapter 6, part 12B; or 5 (vii) an individual employed or engaged by an entity 6 mentioned in subparagraph (v) or (vi) performing a 7 function under chapter 6, part 12B; or 8 (viii) a person performing a function under section 9 319U(1); but'. 10 Clause 7 Replacement of ch 7A hdg (Transitional provisions for 11 Criminal Code (Drink Spiking) and Other Acts 12 Amendment Act 2006) 13 Chapter 7A, heading-- 14 omit, insert-- 15 `Chapter 7A Other transitional 16 provisions 17 `Part 1 Transitional provisions for 18 Criminal Code (Drink Spiking) 19 and Other Acts Amendment Act 20 2006'. 21 Clause 8 Insertion of new ch 7A, pt 2 22 Chapter 7A-- 23 insert-- 24 Page 48
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 8] `Part 2 Transitional provisions for 1 Corrective Services and Other 2 Legislation Amendment Act 3 2008 4 `478C Definitions for pt 2 5 `In this part-- 6 commencement means the commencement of this section. 7 relevant person see section 319A. 8 `478D Discrimination complaints not decided before 9 commencement 10 `(1) This section applies to a complaint by a relevant person to the 11 anti-discrimination commissioner under the 12 Anti-Discrimination Act, section 134 about an alleged 13 contravention of that Act committed by a protected defendant 14 against an offender that was made but not decided before the 15 commencement. 16 `(2) Chapter 6, part 12A, other than sections 319D and 319I(1), (4) 17 and (5), does not apply to the complaint. 18 `478E Relevant money awarded after commencement 19 `(1) This section applies to relevant money awarded in relation to a 20 person after the commencement. 21 `(2) Chapter 6, part 12B applies to the relevant money even if-- 22 (a) the award of damages forming the relevant money was 23 for a civil wrong committed by a protected defendant 24 against the person before the commencement; or 25 (b) the award of compensation forming the relevant money 26 was for a contravention of the Anti-Discrimination Act 27 committed by a protected defendant against the person 28 before the commencement. 29 Page 49
Corrective Services and Other Legislation Amendment Bill 2008 Part 2 Amendment of Corrective Services Act 2006 [s 9] `478F Legal costs of victim claims brought before 1 commencement 2 `Section 319ZL only applies to the legal costs of a victim 3 claim started after the commencement.'. 4 Clause 9 Amendment of sch 4 (Dictionary) 5 Schedule 4-- 6 insert-- 7 `agency arrangement, for chapter 6, part 13A, see section 8 344B. 9 Anti-Discrimination Act means the Anti-Discrimination Act 10 1991. 11 award of compensation, for chapter 6, part 12B, see section 12 319J. 13 award of damages, for chapter 6, part 12B, see section 319J. 14 child support registrar, for chapter 6, part 12B, see section 15 319J. 16 collection entity, for chapter 6, part 12B, see section 319J. 17 Criminal Offence Victims Act means the Criminal Offence 18 Victims Act 1995. 19 dangerous drug, for chapter 6, part 13A, see section 344B. 20 disbursements for chapter 6, part 12B, see section 319J. 21 drug control direction, for chapter 6, part 13A, see section 22 344B. 23 drug control officer, for chapter 6, part 13A, see section 24 344B. 25 drug vault, for chapter 6, part 13A, see section 344B. 26 eligible entity claim, for chapter 6, part 12B, see section 27 319ZC(3). 28 eligible victim claim, for chapter 6, part 12B, see section 29 319X(3). 30 Page 50
Corrective Services and Other Legislation Amendment Bill 2008 Part 3 Amendment of Drugs Misuse Act 1986 [s 10] entity claim, for chapter 6, part 12B, see section 319Z. 1 finally decided, for chapter 6, part 12B, see section 319J. 2 legal costs, for chapter 6, part 12B, see section 319J. 3 potential claimant, for chapter 6, part 12B, see section 319J. 4 protected defendant see section 319A. 5 public trustee see the Public Trustee Act 1978, section 6. 6 register of dangerous drugs for training, for chapter 6, part 7 13A, see section 344B. 8 relevant award, for chapter 6, part 12B, see section 319J. 9 relevant money, for chapter 6, part 12B, see section 319J. 10 relevant person, for chapter 6, part 12A, see section 319A. 11 secure facility, for chapter 6, part 13A, see section 344B. 12 SPER, for chapter 6, part 12B, see section 319J. 13 SPER registrar, for chapter 6, part 12B, see section 319J. 14 tribunal, for chapter 6, part 12A, see section 319A. 15 victim claim, for chapter 6, part 12B, see section 319S(1). 16 victim trust fund, for chapter 6, part 12B, see section 319J.'. 17 Part 3 Amendment of Drugs Misuse 18 Act 1986 19 Clause 10 Act amended in pt 3 20 This part amends the Drugs Misuse Act 1986. 21 Clause 11 Amendment of s 125 (Prescribed persons permitted to 22 receive and dispose of dangerous drugs) 23 Section 125-- 24 Page 51
Corrective Services and Other Legislation Amendment Bill 2008 Part 4 Amendment of Health Act 1937 [s 12] insert-- 1 `(4) It is lawful for a person who, as a drug control officer within 2 the meaning of the Police Powers and Responsibilities Act 3 2000, section 726, is performing the functions of a drug 4 control officer in the police service, to possess a dangerous 5 drug while actually performing the functions. 6 `(5) It is lawful for a person who, as a drug control officer within 7 the meaning of the Corrective Services Act 2006, section 8 344B, is performing the functions of a drug control officer in 9 the department in which the Corrective Services Act 2006 is 10 administered, to possess a dangerous drug while actually 11 performing the functions.'. 12 Part 4 Amendment of Health Act 1937 13 Clause 12 Act amended in pt 4 14 This part amends the Health Act 1937. 15 Clause 13 Replacement of pt 8 hdg (Transitional provisions for 16 Health Legislation Amendment Act 2001) 17 Part 8, heading-- 18 omit, insert-- 19 `Part 8 Transitional provisions 20 `Division 1 Transitional provisions for Health 21 Legislation Amendment Act 2001'. 22 Clause 14 Insertion of new pt 8, div 2 23 Part 8-- 24 insert-- 25 Page 52
Corrective Services and Other Legislation Amendment Bill 2008 Part 5 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 15] `Division 2 Transitional provision for Corrective 1 Services and Other Legislation 2 Amendment Act 2008 3 `186 Amendment of regulation by Corrective Services and 4 Other Legislation Amendment Act 2008 does not 5 affect powers of Governor in Council 6 `The amendment of the Health (Drugs and Poisons) 7 Regulation 1996 by the Corrective Services and Other 8 Legislation Amendment Act 2008 does not affect the power of 9 the Governor in Council to further amend the regulation or to 10 repeal it.'. 11 Part 5 Amendment of Health (Drugs 12 and Poisons) Regulation 1996 13 Clause 15 Regulation amended in pt 5 14 This part amends the Health (Drugs and Poisons) Regulation 15 1996. 16 Clause 16 Amendment of s 271 (Prohibition on dispensing etc. 17 regulated poisons) 18 Section 271-- 19 insert-- 20 `(5) Subsection (1) does not apply to-- 21 (a) a drug control officer within the meaning of the Police 22 Powers and Responsibilities Act 2000, section 726 who 23 obtains or possesses a regulated poison to perform the 24 functions of a drug control officer in the police service, 25 while the officer is actually performing the functions; or 26 Page 53
Corrective Services and Other Legislation Amendment Bill 2008 Part 6 Amendment of Limitation of Actions Act 1974 [s 17] (b) a drug control officer within the meaning of the 1 Corrective Services Act 2006, section 344B who obtains 2 or possesses a regulated poison to perform the functions 3 of a drug control officer in the department in which the 4 Corrective Services Act 2006 is administered, while the 5 officer is actually performing the functions.'. 6 Part 6 Amendment of Limitation of 7 Actions Act 1974 8 Clause 17 Act amended in pt 6 9 This part amends the Limitation of Actions Act 1974. 10 Clause 18 Amendment of s 5 (Interpretation) 11 Section 5(2), from `or a convict' to `imprisonment'-- 12 omit. 13 Clause 19 Insertion of new pt 7 14 After part 6-- 15 insert-- 16 Page 54
Corrective Services and Other Legislation Amendment Bill 2008 Part 6 Amendment of Limitation of Actions Act 1974 [s 19] `Part 7 Transitional provision 1 `46 Transitional provision for Corrective Services and 2 Other Legislation Amendment Act 2008 3 `The Corrective Services and Other Legislation Amendment 4 Act 2008, section 18 only applies in relation to a cause of 5 action arising after the commencement of this section.'. 6 © State of Queensland 2008 Page 55
AMENDMENTS TO BILL
Corrective Services and Other Legislation Amendment Bill 2008 Corrective Services and Other Legislation Amendment Bill 2008 Amendments agreed to during Consideration 1 Clause 4 (Insertion of new ch 6, pts 12A and 12B), proposed section 319J (Definitions)-- At page 14, lines 27 to 31-- omit. 2 Clause 4 (Insertion of new ch 6, pts 12A and 12B), proposed section 319P (Victim trust fund to be transferred to public trustee)-- At page 18, line 26-- omit, insert-- `within 1 month after the protected defendant-- (a) knows the amount of the relevant money that is required by an Act of the State or the Commonwealth to be paid to someone else; or (b) is satisfied that none of the relevant money is required by an Act of the State or the Commonwealth to be paid to someone else.'. 3 Clause 4 (Insertion of new ch 6, pts 12A and 12B), proposed section 319Q (Discharge of protected defendant)-- At page 19, line 17-- omit, insert-- `section 319P within 14 days after the public trustee receives the fund.'. Page 1
Corrective Services and Other Legislation Amendment Bill 2008 4 Clause 4 (Insertion of new ch 6, pts 12A and 12B), proposed section 319Q (Discharge of protected defendant)-- At page 19, lines 23 to 25-- omit, insert-- `(3) The public trustee must give a copy of the receipt to the chief executive at the same time the public trustee gives the protected defendant the receipt.'. 5 Clause 4 (Insertion of new ch 6, pts 12A and 12B), proposed section 319T (Notice to potential claimants)-- At page 20, lines 26 to 29 and page 21, line 1-- omit, insert-- `(1) The chief executive must, within 1 month after receiving the copy of the receipt mentioned in section 319Q(3), give each potential claimant a written notice stating-- (a) the name of the person in relation to whom relevant money has been awarded (the relevant person); and'. 6 Clause 4 (Insertion of new ch 6, pts 12A and 12B), proposed section 319W (Starting of victim claims proceedings despite expiry of limitation period)-- At page 23, lines 19 to 21-- omit, insert-- `relevant person may be brought by a potential claimant-- (a) by a proceeding started within 6 months after the chief executive gives the written notice as mentioned in section 319T(1); and'. 7 Clause 4 (Insertion of new ch 6, pts 12A and 12B), proposed section 319X (Notifying victim claims)-- At page 24, lines 12 to 16-- omit, insert-- Page 2
Corrective Services and Other Legislation Amendment Bill 2008 `relevant person within 6 months after the chief executive gives a written notice as mentioned in section 319T(1). `(2) The person may notify the public trustee of the victim claim by giving the public trustee-- (a) written notice of the proceeding within 6 months after the chief executive gives a written notice as mentioned in section 319T(1); and'. 8 Clause 4 (Insertion of new ch 6, pts 12A and 12B), proposed section 319X (Notifying victim claims)-- At page 24, line 29, `7 days'-- omit, insert-- `14 days'. 9 Clause 4 (Insertion of new ch 6, pts 12A and 12B), proposed section 319ZD (Payment of eligible entity claims from victim trust fund)-- At page 31, line 10, `2 months'-- omit, insert-- `3 months'. 10 Clause 4 (Insertion of new ch 6, pts 12A and 12B), proposed section 319ZH (Exception for legal costs)-- At page 33, after line 33-- insert-- `(6) In this section-- legal costs means amounts that a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services including interest on the amounts, and disbursements and interest on disbursements.'. Page 3
Corrective Services and Other Legislation Amendment Bill 2008 11 Clause 4 (Insertion of new ch 6, pts 12A and 12B), proposed section 319ZL (Maximum legal costs of victim claims)-- At page 35, after line 23-- insert-- `legal costs means amounts that a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services including interest on the amounts, but not including disbursements or interest on disbursements.'. 12 Clause 9 (Amendment of sch 4 (Dictionary))-- At page 51, line 3-- omit. © State of Queensland 2008
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