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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland TRIBUNALS PROVISIONS AMENDMENT BILL 2002
Queensland TRIBUNALS PROVISIONS AMENDMENT BILL 2002 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 2--AMENDMENT OF LIQUOR ACT 1992 3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Amendment of s 14 (The Tribunal and its members) . . . . . . . . . . . . . . . . . . 11 6 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15A Advertising for nominations for appointment . . . . . . . . . . . . . . . . . . 11 7 Amendment of s 18 (Resignation and removal from office) . . . . . . . . . . . . . 11 8 Replacement of s 20B (Annual report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20B Annual report on operation of tribunal . . . . . . . . . . . . . . . . . . . . . . . 12 9 Insertion of new pt 2, div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 1A--Administration of Tribunal 20C Chairperson's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20D Chairperson and registrar to work cooperatively . . . . . . . . . . . . . . . . 13 20E Member's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 20F Delegation by chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 10 Amendment of s 22 (Constitution of Tribunal) . . . . . . . . . . . . . . . . . . . . . . . 14 11 Amendment of s 23 (Way of exercising jurisdiction) . . . . . . . . . . . . . . . . . . 14 12 Amendment of s 26 (Powers of Tribunal in proceedings). . . . . . . . . . . . . . . 15 13 Amendment of s 26A (Directions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 14 Amendment of s 27 (Summons to witnesses) . . . . . . . . . . . . . . . . . . . . . . . . 15
2 Tribunals Provisions Amendment Bill 2002 15 Amendment of s 29 (Contempt of Tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . 15 16 Replacement of s 35A (Tribunal may give leave for appeal to be based on new evidence and related matters) . . . . . . . . . . . . . . . . . . . . . . . . . 16 35A Tribunal may give leave for appeal to be based on new evidence and related matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 Replacement of s 41A (Tribunal to keep record of its decisions) . . . . . . . . . 17 41A Suppression of sensitive information. . . . . . . . . . . . . . . . . . . . . . . . . 17 18 Replacement of s 47A (Publication of information on internet etc.) . . . . . . 18 47A Publication of information on internet etc. . . . . . . . . . . . . . . . . . . . . 18 19 Insertion of new s 232A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 232A Proof of signature unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 3--AMENDMENT OF PROPERTY AGENTS AND MOTOR DEALERS ACT 2000 20 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 21 Amendment of s 11 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 22 Insertion of new s 451A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 451A Advertising for nominations for appointment . . . . . . . . . . . . . . . . . . 19 23 Replacement of s 456 (Termination of appointment) . . . . . . . . . . . . . . . . . . 19 456 Termination of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 24 Replacement of s 458 (Chairperson's role) . . . . . . . . . . . . . . . . . . . . . . . . . . 20 458 Chairperson's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 459 Chairperson and registrar to work cooperatively . . . . . . . . . . . . . . . . 20 460 Member's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 461 Delegation by chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 25 Omission of ch 13, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 26 Replacement of s 468 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 468 Annual report on operation of tribunal . . . . . . . . . . . . . . . . . . . . . . . 21 27 Amendment of s 497 (How to start disciplinary proceedings) . . . . . . . . . . . 22 28 Omission of s 499 (Hearing date must be at least 14 days after attendance notice is given) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 29 Amendment of s 500B (How to start a proceeding) . . . . . . . . . . . . . . . . . . . 22 30 Omission of s 500D (Fourteen days must pass before hearing date) . . . . . . 23 31 Amendment of s 506 (Constitution of tribunal for hearing) . . . . . . . . . . . . . 23 32 Amendment of s 513 (Attendance notice). . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3 Tribunals Provisions Amendment Bill 2002 33 Replacement of s 514 (Establishment of tribunal for hearing) . . . . . . . . . . . 24 514 Establishment of tribunal for hearing . . . . . . . . . . . . . . . . . . . . . . . . 24 34 Amendment of s 524 (Contempt of tribunal) . . . . . . . . . . . . . . . . . . . . . . . . 24 35 Renumbering of ch 14, pt 5, divs 6A-10. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 36 Insertion of new ch 14, pt 5, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 7--Reference committee 528AA Reference committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 528AB Reference committee functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 528AC Reference committee may authorise application for public examination .................................... 25 37 Amendment of s 528B (Procedure before public examination starts) . . . . . 26 38 Insertion of new s 528BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 528BA Person must answer certain questions. . . . . . . . . . . . . . . . . . . . . . . . 26 39 Replacement of ss 533 and 534. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 533 Form of decisions of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 40 Omission of s 536 (Publication of tribunal decisions) . . . . . . . . . . . . . . . . . 27 41 Amendment of s 587 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 27 42 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 PART 4--AMENDMENT OF QUEENSLAND BUILDING TRIBUNAL ACT 2000 43 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 44 Amendment of s 4 (Objects of Act). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 45 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 46 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10A Advertising for nominations for appointment . . . . . . . . . . . . . . . . . . 29 47 Amendment of s 11 (Appointment of chairperson and membership of tribunal) ................................................. 29 48 Replacement of s 13 (Chairperson to direct business of tribunal). . . . . . . . . 29 13 Chairperson's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 13A Chairperson and director to work cooperatively . . . . . . . . . . . . . . . . 30 13B Member's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 49 Replacement of s 14 (Delegation of powers by chairperson) . . . . . . . . . . . . 30 14 Delegation of powers by chairperson. . . . . . . . . . . . . . . . . . . . . . . . . 30
4 Tribunals Provisions Amendment Bill 2002 50 Replacement of s 17 (Termination of appointment of a member). . . . . . . . . 31 17 Termination of appointment of a member . . . . . . . . . . . . . . . . . . . . . 31 51 Replacement of pt 3 (Registrar and other staff) . . . . . . . . . . . . . . . . . . . . . . 31 PART 3--CENTRAL TRIBUNALS REGISTRY, DIRECTOR AND OTHER STAFF 20 Director, central tribunals registry and registry . . . . . . . . . . . . . . . . . 32 21 Director's functions and powers for central tribunals . . . . . . . . . . . . 32 22 Keeping and disclosure of records and information . . . . . . . . . . . . . 33 23 Particular powers of director for this Act. . . . . . . . . . . . . . . . . . . . . . 33 24 Engagement of consultants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 25 Delegation by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 26 Employment provisions for director and staff of registry . . . . . . . . . 34 26A Appointment of acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 PART 3A--PRESIDING CASE MANAGER 26B Presiding case manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 26C Presiding case manager's power to deal with particular applications to central tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 26D Particular powers of presiding case manager for this Act . . . . . . . . . 37 26E Independence of presiding case manager . . . . . . . . . . . . . . . . . . . . . 37 26F Employment provisions for presiding case manager . . . . . . . . . . . . . 37 26G Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 26H Protection of presiding case manager . . . . . . . . . . . . . . . . . . . . . . . . 38 26I Appointment of acting presiding case manager. . . . . . . . . . . . . . . . . 38 52 Amendment of s 27 (Constitution of tribunal) . . . . . . . . . . . . . . . . . . . . . . . 38 53 Amendment of s 79 (Contempt of tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . 39 54 Amendment of s 93 (Tribunal may decide building dispute) . . . . . . . . . . . . 39 55 Amendment of s 106 (Stay of operation of decision) . . . . . . . . . . . . . . . . . . 39 56 Amendment of s 110 (Proper grounds for disciplinary action against person not a licensee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 57 Amendment of s 113 (Procedure before public examination starts) . . . . . . . 40 58 Amendment of s 125 (Matters about mediation). . . . . . . . . . . . . . . . . . . . . . 40 59 Insertion of new s 125A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 125A Mediators to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
5 Tribunals Provisions Amendment Bill 2002 60 Amendment of s 131 (Summary decision for applicant) . . . . . . . . . . . . . . . 41 61 Amendment of s 162 (Finance and staffing of tribunal) . . . . . . . . . . . . . . . . 41 62 Replacement of s 164 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 164 Annual report on operation of tribunal . . . . . . . . . . . . . . . . . . . . . . . 42 63 Amendment of s 171 (Proof of signature unnecessary) . . . . . . . . . . . . . . . . 42 64 Amendment of s 173 (Protection from liability) . . . . . . . . . . . . . . . . . . . . . . 42 65 Replacement of pt 8, hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 66 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 PART 9--TRANSITIONAL PROVISIONS FOR TRIBUNALS PROVISIONS AMENDMENT ACT 2002 183 Registrar of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 184 Staff of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 185 Tribunal continues to have jurisdiction to deal with matters that presiding case manager may deal with . . . . . . . . . . . . . . . . . . . . . . . 43 67 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 PART 5--AMENDMENT OF RACING AND BETTING ACT 1980 68 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 69 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 70 Amendment of s 115A (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 71 Insertion of new s 115BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 115BA Constitution of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 72 Replacement of s 115D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 115D Disqualification for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 115DA Advertising for nominations for appointment . . . . . . . . . . . . . . . . . 47 73 Amendment of s 115E (Tenure of office) . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 74 Insertion of new s 115EA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 115EA Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 75 Amendment of s 115F (Vacation of office) . . . . . . . . . . . . . . . . . . . . . . . . . . 48 76 Insertion of new ss 115HA-115HD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 115HA Chairperson's role. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 115HB Chairperson and secretary to work cooperatively. . . . . . . . . . . . . . . 49 115HC Member's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 115HD Delegation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
6 Tribunals Provisions Amendment Bill 2002 77 Replacement of s 115I (Officers of authority). . . . . . . . . . . . . . . . . . . . . . . . 49 115I Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 115IA Protection of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 78 Amendment of s 115L (Institution of appeal) . . . . . . . . . . . . . . . . . . . . . . . . 50 79 Amendment of s 115O (Hearing of appeals). . . . . . . . . . . . . . . . . . . . . . . . . 51 80 Insertion of new ss 115QA and 115QB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 115QA Contempt of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 115QB Annual report on operation of authority . . . . . . . . . . . . . . . . . . . . . . 51 81 Amendment of s 256 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 52 PART 6--AMENDMENT OF RETIREMENT VILLAGES ACT 1999 82 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 83 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 84 Replacement of s 168 (Chief executive to refer dispute to tribunal) . . . . . . . 52 168 Referral of dispute, appointment of tribunal panel and notice. . . . . . 52 85 Replacement of s 172 (Chief executive to refer dispute to tribunal) . . . . . . . 53 172 Referral of application, appointment of tribunal panel and notice . . 53 86 Amendment of s 174 (Chairperson may hold directions hearing) . . . . . . . . 53 87 Replacement of s 175 (Presiding member) . . . . . . . . . . . . . . . . . . . . . . . . . . 54 175 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 88 Amendment of s 184 (Powers of tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . . 54 89 Amendment of s 190 (Contempt of tribunal) . . . . . . . . . . . . . . . . . . . . . . . . 54 90 Replacement of s 201 (Allowance to witness) . . . . . . . . . . . . . . . . . . . . . . . 55 201 Allowance to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 91 Amendment of s 203 (Appointment of members of tribunal panel) . . . . . . . 55 92 Insertion of new s 203A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 203A Advertising for nominations for appointment . . . . . . . . . . . . . . . . . . 55 93 Replacement of s 206 (Removal from office) . . . . . . . . . . . . . . . . . . . . . . . . 56 206 Termination of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 94 Insertion of new pt 12, div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Division 1A--Administration of tribunal 206A Chairperson's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 206B Chairperson and registrar to work cooperatively . . . . . . . . . . . . . . . . 57
7 Tribunals Provisions Amendment Bill 2002 206C Tribunal panel member's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 206D Delegation by chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 95 Amendment of s 207 (Composition of retirement village tribunals) . . . . . . 58 96 Omission of s 217 (Reports on discharge of tribunals' function) . . . . . . . . . 58 97 Amendment of s 220 (Appointments and authority). . . . . . . . . . . . . . . . . . . 58 98 Amendment of s 221 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 59 99 Replacement of s 226 (Annual report on operation of Act) . . . . . . . . . . . . . 59 226 Annual report on operation of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 100 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 PART 7--GENERAL 101 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 61 MINOR AND CONSEQUENTIAL AMENDMENTS AMENDMENT OF LIQUOR ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 AMENDMENT OF QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 AMENDMENT OF QUEENSLAND BUILDING TRIBUNAL ACT 2000 61 AMENDMENT OF RETIREMENT VILLAGES ACT 1999. . . . . . . . . . . . 63
2002 A BILL FOR An Act to amend various Acts administered by the Minister for Tourism and Racing and the Minister for Fair Trading, and for other purposes
s1 10 s4 Tribunals Provisions Amendment Bill 2002 The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 1 Short title Clause 3 This Act may be cited as the Tribunals Provisions Amendment Act 2002. 4 2 Commencement Clause 5 This Act commences on a day to be fixed by proclamation. 6 PART 2--AMENDMENT OF LIQUOR ACT 1992 7 3 Act amended in pt 2 Clause 8 This part amends the Liquor Act 1992. 9 4 Amendment of s 4 (Definitions) Clause 10 Section 4-- 11 insert-- 12 ` "affected by bankruptcy action", in relation to an individual, means the 13 individual, in any jurisdiction-- 14 (a) is bankrupt; or 15 (b) has compounded with creditors; or 16 (c) has otherwise taken, or applied to take, advantage of any law 17 about bankruptcy. 18 "presiding case manager" means the presiding case manager under the 19 Queensland Building Tribunal Act 2000. 20 "registrar", of the Tribunal, means the director, central tribunals registry 21 under the Queensland Building Tribunal Act 2000.'. 22
s5 11 s7 Tribunals Provisions Amendment Bill 2002 5 Amendment of s 14 (The Tribunal and its members) Clause 1 Section 14-- 2 insert-- 3 `(4) The chairperson may hold, or act in, and perform the functions of, 4 another public office in addition to the office of chairperson if the 5 chairperson is appointed to, or appointed to act in, the other office by the 6 Governor in Council.'. 7 6 Insertion of new s 15A Clause 8 After section 15-- 9 insert-- 10 `15A Advertising for nominations for appointment 11 `Before recommending a person to the Governor in Council for 12 appointment as a member of the Tribunal, the Minister must advertise in a 13 newspaper circulating throughout the State for applications or expressions 14 of interest from suitably qualified persons to be considered for selection as 15 a member of the Tribunal.'. 16 7 Amendment of s 18 (Resignation and removal from office) Clause 17 Section 18(2) to (6)-- 18 omit, insert-- 19 `(2) The Governor in Council may terminate the appointment of a 20 member if the Governor in Council is satisfied the member-- 21 (a) is mentally or physically incapable of satisfactorily performing 22 the member's duties; or 23 (b) performed the member's duties carelessly, incompetently or 24 inefficiently; or 25 (c) has engaged in conduct that could warrant dismissal from the 26 public service if the member were a public service officer; or 27 (d) is affected by bankruptcy action. 28 `(3) The Governor in Council must terminate the appointment of a 29 member if the member is convicted of an indictable offence, whether dealt 30 with on indictment or summarily. 31
s8 12 s9 Tribunals Provisions Amendment Bill 2002 `(4) This section applies to a member whether appointed before or after 1 the commencement of this section.'. 2 8 Replacement of s 20B (Annual report) Clause 3 Section 20B-- 4 omit, insert-- 5 `20B Annual report on operation of tribunal 6 `(1) As soon as practicable after each financial year, but not later than 7 30 September, the chairperson must give the Minister a report containing-- 8 (a) a review of the operation of the tribunal during the preceding 9 financial year; and 10 (b) proposals for improving the operation of, and forecasts of the 11 workload of, the tribunal in the present financial year. 12 `(2) The department's annual report for a financial year must include a 13 report on the operation of the tribunal during the financial year.'. 14 9 Insertion of new pt 2, div 1A Clause 15 After section 20B-- 16 insert-- 17 `Division 1A--Administration of Tribunal 18 `20C Chairperson's role 19 `(1) The chairperson's role includes the following-- 20 (a) directing the Tribunal's adjudicative operations to ensure they are 21 as fair, economical, informal and speedy as practical; 22 (b) developing, with the participation of other members, guiding 23 principles that promote high quality and consistent decisions by 24 the tribunal; 25 (c) developing and implementing procedures and policies for the 26 Tribunal's adjudicative operations; 27 (d) issuing practice directions of general application to proceedings; 28 (e) managing the overall performance of members; 29
s9 13 s9 Tribunals Provisions Amendment Bill 2002 (f) being responsible for the professional development and training 1 of members of the Tribunal in relation to the discharge of their 2 functions. 3 `(2) The chairperson may do all things necessary or convenient to be 4 done for the performance of the chairperson's role. 5 `20D Chairperson and registrar to work cooperatively 6 `The chairperson and the registrar must work cooperatively to promote 7 the effective and efficient operation of the Tribunal. 8 `20E Member's role 9 `(1) The role of a member of the Tribunal includes professionally and 10 efficiently performing the functions of the Tribunal assigned or given to the 11 member under this Act. 12 `(2) A member must comply with the procedures and policies 13 implemented by the chairperson for the tribunal's adjudicative operations. 14 `20F Delegation by chairperson 15 `(1) The chairperson may delegate the chairperson's powers under this 16 Act or another Act to another member of the Tribunal. 17 `(2) The chairperson may delegate the chairperson's power under 18 section 22(2) to the registrar of the Tribunal. 19 `(3) The registrar may subdelegate the delegated power to another 20 appropriately qualified officer of the staff of the registry. 21 `(4) In this section-- 22 "appropriately qualified", for a subdelegated power, includes having the 23 qualifications, experience or standing appropriate to exercise the 24 power. 25 26 Example of standing-- 27 A person's level of employment in the registry. "registry" means the central tribunals registry under the Queensland 28 Building Tribunal Act 2000.'. 29
s 10 14 s 11 Tribunals Provisions Amendment Bill 2002 10 Amendment of s 22 (Constitution of Tribunal) Clause 1 (1) Section 22(3)-- 2 renumber as section 22(5). 3 (2) Section 22(2)-- 4 omit, insert-- 5 `(2) The chairperson must select the members of the Tribunal for a 6 proceeding, one of whom may be the chairperson. 7 `(3) However, for a minor appeal, a conference under section 26A1 or an 8 application for an order under section 41A(2),2 the Tribunal may be 9 constituted by a single member selected by the chairperson who is qualified 10 as mentioned in section 15.3 11 `(4) Also, for a prescribed application or matter under the Queensland 12 Building Tribunal Act 2000, section 26C,4 the chairperson may select the 13 presiding case manager to constitute the Tribunal.'. 14 11 Amendment of s 23 (Way of exercising jurisdiction) Clause 15 (1) Section 23(b)-- 16 renumber as section 23(c). 17 (2) Section 23(a)-- 18 omit, insert-- 19 `(a) for a minor appeal, a conference under section 26A5 or an 20 application for an order under section 41A(2)6 for which the 21 Tribunal is constituted by a single member--the member 22 constituting the Tribunal in the proceeding; or 23 (b) for a prescribed application or matter under the Queensland 24 Building Tribunal Act 2000, section 26C--the person 25 constituting the Tribunal for the application or matter; or'. 26 1 Section 26A (Directions) 2 Section 41A (Suppression of sensitive information) 3 Section 15 (Qualification for appointment) 4 Queensland Building Tribunal Act 2000, section 26C (Presiding case manager's power to deal with particular applications to central tribunals) 5 Section 26A (Directions) 6 Section 41A (Suppression of sensitive information)
s 12 15 s 15 Tribunals Provisions Amendment Bill 2002 12 Amendment of s 26 (Powers of Tribunal in proceedings) Clause 1 Section 26-- 2 insert-- 3 `(3) In this section-- 4 "member" includes presiding case manager.'. 5 13 Amendment of s 26A (Directions) Clause 6 Section 26A(2)-- 7 insert-- 8 `(g) giving leave to adduce new evidence under section 35A.7'. 9 14 Amendment of s 27 (Summons to witnesses) Clause 10 (1) Section 27(2), penalty, `for subsection (2)'-- 11 omit. 12 (2) Section 27-- 13 insert-- 14 `(3) A person required to attend at a proceeding before the Tribunal is 15 entitled to-- 16 (a) the witness fees and expenses prescribed under a regulation; or 17 (b) if no witness fees or expenses are prescribed--the reasonable 18 witness fees and expenses decided by the Tribunal. 19 `(4) If the notice requiring a person to attend at a proceeding is issued on 20 an application by a party to the proceeding, the party must pay the fees and 21 expenses to which the person is entitled.'. 22 15 Amendment of s 29 (Contempt of Tribunal) Clause 23 Section 29-- 24 insert-- 25 7 Section 35A (Tribunal may give leave for appeal to be based on new evidence and related matters)
s 16 16 s 16 Tribunals Provisions Amendment Bill 2002 `(2) In this section-- 1 "member" includes presiding case manager.'. 2 16 Replacement of s 35A (Tribunal may give leave for appeal to be Clause 3 based on new evidence and related matters) 4 Section 35A-- 5 omit, insert-- 6 `35A Tribunal may give leave for appeal to be based on new evidence 7 and related matters 8 `(1) This section applies despite section 34(1). 9 `(2) A participant in a proceeding for an appeal against a decision of the 10 chief executive may apply for leave to adduce fresh, additional or 11 substituted evidence ("new evidence") in a way permitted by the Tribunal. 12 `(3) The Tribunal may give leave to adduce new evidence if it is 13 satisfied-- 14 (a) the person seeking to adduce the new evidence did not know, and 15 could not reasonably be expected to have known, of the existence 16 of the new evidence on or before the day of the chief executive's 17 decision; or 18 (b) in the special circumstances of the case, it would be unfair not to 19 allow the person to adduce the new evidence. 20 `(4) If the Tribunal gives leave to adduce new evidence, the Tribunal 21 may-- 22 (a) adjourn the proceeding to allow the chief executive to reconsider 23 the decision appealed against together with the new evidence; or 24 (b) if the Tribunal considers it appropriate for the participant to make 25 a new application, require the participant to make a new 26 application to the chief executive; or 27 (c) continue with the appeal by way of rehearing on the evidence 28 that was before the original decision-maker and on the new 29 evidence. 30 `(5) Despite subsection (4), if the chief executive applies for an 31 adjournment to allow the chief executive to reconsider the decision 32 appealed against together with the new evidence, the Tribunal must adjourn 33 the proceeding for a stated reasonable time. 34
s 17 17 s 17 Tribunals Provisions Amendment Bill 2002 `(6) In deciding if it is appropriate for the participant to make a new 1 application, the Tribunal must consider whether-- 2 (a) the new evidence substantially changes the application the 3 subject of the appeal; or 4 (b) additional people may be affected by the application and the 5 additional people should have an opportunity to comment on or 6 object to the application.'. 7 17 Replacement of s 41A (Tribunal to keep record of its decisions) Clause 8 Section 41A-- 9 omit, insert-- 10 `41A Suppression of sensitive information 11 `(1) If, at the time of a proceeding, a participant in the proceeding 12 applies to the Tribunal to suppress sensitive information about a person, the 13 Tribunal may order that the information is not to form part of the record 14 available for inspection by members of the public. 15 `(2) If, after a proceeding, a person who was a participant in the 16 proceeding applies to the Tribunal for an order to suppress sensitive 17 information about the person, the Tribunal may order that the information 18 is not to form part of the record available for inspection by members of the 19 public from a day stated in the order. 20 `(3) However, the Tribunal must-- 21 (a) before making an order under subsection (2), ask the registrar to 22 provide information about-- 23 (i) the extent of any existing publication of the sensitive 24 information; and 25 (ii) the period reasonably needed for the removal of the 26 sensitive information from the record available for 27 inspection by members of the public; and 28 (b) in making the order, have regard to the extent of any publication 29 of the information and the period for removal stated by the 30 registrar. 31 `(4) The tribunal, in deciding whether to suppress information, is not 32 limited by subsection (3) or to a consideration of whether or not the 33 information is in fact sensitive. 34
s 18 18 s 20 Tribunals Provisions Amendment Bill 2002 `(5) In this section-- 1 "sensitive information", about a person, means information about-- 2 (a) the person's reputation; or 3 (b) the person's history of behaviour or attitude in relation to the 4 management and discharge of the person's financial obligations.'. 5 18 Replacement of s 47A (Publication of information on internet etc.) Clause 6 Section 47A-- 7 omit, insert-- 8 `47A Publication of information on internet etc. 9 `The chief executive may publish information in the register kept under 10 section 438 in a way the chief executive considers appropriate, including, 11 for example, by the internet or other telecommunication.'. 12 19 Insertion of new s 232A Clause 13 After section 232-- 14 insert-- 15 `232A Proof of signature unnecessary 16 `A signature purporting to be the signature of a member of the Tribunal, 17 the registrar or the presiding case manager is evidence of the signature it 18 purports to be.'. 19 PART 3--AMENDMENT OF PROPERTY AGENTS AND 20 MOTOR DEALERS ACT 2000 21 20 Act amended in pt 3 Clause 22 This part amends the Property Agents and Motor Dealers Act 2000. 23 8 Section 43 (Register of licences, permits and applications to be kept)
s 21 19 s 23 Tribunals Provisions Amendment Bill 2002 21 Amendment of s 11 (Definitions) Clause 1 Section 11, `schedule 3'-- 2 omit, insert-- 3 `schedule 2'. 4 22 Insertion of new s 451A Clause 5 Chapter 13, part 3, before section 452-- 6 insert-- 7 `451A Advertising for nominations for appointment 8 `Before recommending a person to the Governor in Council for 9 appointment as a member of the tribunal, the Minister must advertise in a 10 newspaper circulating throughout the State for applications or expressions 11 of interest from suitably qualified persons to be considered for selection as 12 a member of the tribunal.'. 13 23 Replacement of s 456 (Termination of appointment) Clause 14 Section 456-- 15 omit, insert-- 16 `456 Termination of appointment 17 `(1) The Governor in Council may terminate the appointment of a 18 member of the tribunal if the Governor in Council is satisfied the 19 member-- 20 (a) is mentally or physically incapable of satisfactorily performing 21 the member's duties; or 22 (b) performed the member's duties carelessly, incompetently or 23 inefficiently; or 24 (c) has engaged in conduct that could warrant dismissal from the 25 public service if the member were a public service officer; or 26 (d) is affected by bankruptcy action. 27 `(2) The Governor in Council must terminate the appointment of a 28 member if the member-- 29 (a) ceases to be eligible for appointment as a member; or 30
s 24 20 s 24 Tribunals Provisions Amendment Bill 2002 (b) is convicted of an indictable offence, whether dealt with on 1 indictment or summarily. 2 `(3) This section applies to a member of the tribunal whether appointed 3 before or after the commencement of this section.'. 4 24 Replacement of s 458 (Chairperson's role) Clause 5 Section 458-- 6 omit, insert-- 7 `458 Chairperson's role 8 `(1) The chairperson's role includes the following-- 9 (a) directing the tribunal's adjudicative operations to ensure they are 10 as fair, economical, informal and speedy as practical; 11 (b) developing, with the participation of other members, guiding 12 principles that promote high quality and consistent decisions by 13 the tribunal; 14 (c) developing and implementing procedures and policies for the 15 tribunal's adjudicative operations; 16 (d) issuing practice directions of general application to proceedings; 17 (e) managing the overall performance of members; 18 (f) being responsible for the professional development and training 19 of members of the tribunal in relation to the discharge of their 20 functions. 21 `(2) The chairperson may do all things necessary or convenient to be 22 done for the performance of the chairperson's role. 23 `459 Chairperson and registrar to work cooperatively 24 `The chairperson and the registrar must work cooperatively to promote 25 the effective and efficient operation of the tribunal. 26 `460 Member's role 27 `(1) The role of a member of the tribunal includes professionally and 28 efficiently performing the functions of the tribunal assigned or given to the 29 member under this Act. 30
s 25 21 s 26 Tribunals Provisions Amendment Bill 2002 `(2) A member must comply with a procedural direction given by the 1 chairperson. 2 `461 Delegation by chairperson 3 `(1) The chairperson may delegate the chairperson's powers under this 4 Act or another Act to another member. 5 `(2) The chairperson may delegate the chairperson's powers under 6 section 514(1)9 to the registrar. 7 `(3) The registrar may subdelegate the delegated power to another 8 appropriately qualified officer of the staff of the registry. 9 `(4) In this section-- 10 "appropriately qualified", for a subdelegated power, includes having the 11 qualifications, experience or standing appropriate to exercise the 12 power. 13 14 Example of standing-- 15 A person's level of employment in the registry. "registry" means the central tribunals registry under the Queensland 16 Building Tribunal Act 2000.'. 17 25 Omission of ch 13, pt 4 Clause 18 Chapter 13, part 4-- 19 omit. 20 26 Replacement of s 468 (Annual report) Clause 21 Section 468-- 22 omit, insert-- 23 `468 Annual report on operation of tribunal 24 `(1) As soon as practicable after each financial year, but not later than 25 30 September, the chairperson must give the Minister a report containing-- 26 9 Section 514 (Establishment of tribunal for hearing)
s 27 22 s 29 Tribunals Provisions Amendment Bill 2002 (a) a review of the operation of the tribunal during the preceding 1 financial year; and 2 (b) proposals for improving the operation of, and forecasts of the 3 workload of, the tribunal in the present financial year. 4 `(2) The department's annual report for a financial year must include a 5 report on the operation of the tribunal during the financial year.'. 6 27 Amendment of s 497 (How to start disciplinary proceedings) Clause 7 (1) Section 497(3), `7 days'-- 8 omit, insert-- 9 `14 days'. 10 (2) Section 497-- 11 insert-- 12 `(5) The chief executive must notify the registrar of service of the 13 complaint and attendance notice within 7 days after the complaint and 14 attendance notice have been given to the person.'. 15 28 Omission of s 499 (Hearing date must be at least 14 days after Clause 16 attendance notice is given) 17 Section 499-- 18 omit. 19 29 Amendment of s 500B (How to start a proceeding) Clause 20 (1) Section 500B(3), `7 days'-- 21 omit, insert-- 22 `14 days'. 23 (2) Section 500B-- 24 insert-- 25 `(5) The chief executive must notify the registrar of service of the 26 complaint and attendance notice within 7 days after the complaint and 27 attendance notice have been given to the marketeer.'. 28
s 30 23 s 32 Tribunals Provisions Amendment Bill 2002 30 Omission of s 500D (Fourteen days must pass before hearing date) Clause 1 Section 500D-- 2 omit. 3 31 Amendment of s 506 (Constitution of tribunal for hearing) Clause 4 (1) Section 506(2), `the chairperson'-- 5 omit, insert-- 6 `a lawyer'. 7 (2) Section 506-- 8 insert-- 9 `(4) Despite subsection (3), for a prescribed application or matter under 10 the Queensland Building Tribunal Act 2000, section 26C,10 the tribunal 11 must be constituted by the presiding case manager except as otherwise 12 provided under that section.'. 13 32 Amendment of s 513 (Attendance notice) Clause 14 (1) Section 513(3), penalty, `for subsection (3)'-- 15 omit. 16 (2) Section 513-- 17 insert-- 18 `(4) A person required to appear before the tribunal is entitled to-- 19 (a) the witness fees and expenses prescribed under a regulation; or 20 (b) if no fees or expenses are prescribed--the reasonable witness 21 fees and expenses decided by the tribunal. 22 `(5) If the notice requiring a person to attend at a proceeding is issued on 23 an application by a party to the proceeding, the party must pay the fees and 24 expenses to which the person is entitled.'. 25 10 Queensland Building Tribunal Act 2000, section 26C (Presiding case manager's power to deal with particular applications to central tribunals)
s 33 24 s 34 Tribunals Provisions Amendment Bill 2002 33 Replacement of s 514 (Establishment of tribunal for hearing) Clause 1 Section 514-- 2 omit, insert-- 3 `514 Establishment of tribunal for hearing 4 `(1) The chairperson must select the members of the tribunal for a 5 hearing, one of whom (who may be the chairperson) must be a legally 6 qualified member. 7 `(2) The legally qualified member is to be the presiding member of the 8 tribunal for the hearing. 9 `(3) However, if the hearing is for a prescribed application or matter 10 under the Queensland Building Tribunal Act 2000, section 26C,11 the 11 presiding case manager is to constitute the tribunal for the hearing except 12 as otherwise provided under that section. 13 `(4) The registrar must keep a record of the name of the person or 14 persons constituting the tribunal for each hearing and why the hearing was 15 held. 16 `(5) In this section-- 17 "legally qualified member" means the chairperson or a member who is a 18 lawyer of at least 5 years standing.'. 19 34 Amendment of s 524 (Contempt of tribunal) Clause 20 (1) Section 524(1)-- 21 insert-- 22 `(ea) without reasonable excuse, fails to attend before the tribunal as 23 required by attendance notice or fails to continue to attend as 24 required by the presiding member until excused from further 25 attendance; or'. 26 (2) Section 524-- 27 insert-- 28 `(4) In this section-- 29 "member", of the tribunal, includes the presiding case manager.'. 30 11 Queensland Building Tribunal Act 2000, section 26C (Presiding case manager's power to deal with particular applications to central tribunals)
s 35 25 s 36 Tribunals Provisions Amendment Bill 2002 35 Renumbering of ch 14, pt 5, divs 6A-10 Clause 1 Chapter 14, part 5, divisions 6A to 10-- 2 renumber as chapter 14, part 5, divisions 8 to 13. 3 36 Insertion of new ch 14, pt 5, div 7 Clause 4 Chapter 14, part 5, after section 528-- 5 insert-- 6 `Division 7--Reference committee 7 `528AA Reference committee 8 `(1) A reference committee is established. 9 `(2) The reference committee consists of-- 10 (a) the commissioner for fair trading; and 11 (b) 2 community representatives who are not public service 12 employees. 13 `(3) One of the community representatives must have a demonstrated 14 interest in civil liberties and the other must be a person the Minister 15 considers has appropriate and relevant experience in fair trading issues. 16 `(4) Community representatives are to be appointed by the Governor in 17 Council. 18 `(5) The community representatives' appointment term and conditions 19 are as decided by the Governor in Council. 20 `528AB Reference committee functions 21 `The reference committee's function is to decide whether conduct of a 22 marketeer that is being investigated under this Act should be the subject of 23 an application to the tribunal for a public examination. 24 `528AC Reference committee may authorise application for 25 public examination 26 `(1) If the chief executive considers that a public examination may help 27 the chief executive decide whether or not to start a marketeer proceeding 28
s 37 26 s 38 Tribunals Provisions Amendment Bill 2002 against a marketeer, the chief executive may refer the conduct to the 1 reference committee. 2 `(2) After considering all relevant issues, the reference committee may 3 authorise the chief executive to make an application to the tribunal for a 4 public examination under division 8. 5 `(3) The reference committee must not authorise the chief executive to 6 make the application unless satisfied-- 7 (a) it is unlikely further investigation of the conduct by an inspector 8 will be effective for deciding whether to start a marketeer 9 proceeding; and 10 (b) a public examination may help find out whether a marketeer has 11 contravened section 573A, 573B or 573C; and 12 (c) it is in the public interest to make the application.'. 13 37 Amendment of s 528B (Procedure before public examination Clause 14 starts) 15 Section 528B(1), from `in writing--' 16 omit, insert-- 17 `in writing the grounds for the public examination.'. 18 38 Insertion of new s 528BA Clause 19 Chapter 14, part 5, division 8, as renumbered-- 20 insert-- 21 `528BA Person must answer certain questions 22 `(1) This section applies if a person being examined at a public 23 examination refuses to answer a question put to the person. 24 `(2) If the tribunal requires the person to answer the question, the 25 tribunal must advise the person of the following-- 26 (a) that if the answer might tend to incriminate the person, the 27 person may claim, before giving the answer, that giving the 28 answer might tend to incriminate the person; 29 (b) the effect that making the claim will have on the admissibility of 30 the answer in any proceeding against the person. 31
s 39 27 s 41 Tribunals Provisions Amendment Bill 2002 `(3) The person must answer the question, unless the person has a 1 reasonable excuse. 2 Maximum penalty--200 penalty units. 3 `(4) Despite section 519(3),12 it is not a reasonable excuse to fail to 4 answer the question that answering might tend to incriminate the person. 5 `(5) Subsection (6) applies if an answer might tend to incriminate the 6 person and the person claims, before giving the answer, that giving the 7 answer might tend to incriminate the person. 8 `(6) The answer is not admissible in any criminal or civil proceeding 9 against the person, other than a proceeding in which the falsity or 10 misleading nature of the answer is relevant.'. 11 39 Replacement of ss 533 and 534 Clause 12 Sections 533 and 534-- 13 omit, insert-- 14 `533 Form of decisions of tribunal 15 `A decision of the tribunal that finally decides matters the subject of a 16 proceeding-- 17 (a) must be in writing; and 18 (b) must state the decision, and the reasons for the decision; and 19 (c) may be published.'. 20 40 Omission of s 536 (Publication of tribunal decisions) Clause 21 Section 536-- 22 omit. 23 41 Amendment of s 587 (Evidentiary provisions) Clause 24 Section 587(3), after `tribunal'-- 25 insert-- 26 `, the registrar, the presiding case manager'. 27 12 Section 519 (Powers of tribunal relating to taking of evidence)
s 42 28 s 44 Tribunals Provisions Amendment Bill 2002 42 Amendment of sch 3 (Dictionary) Clause 1 (1) Schedule 3-- 2 insert-- 3 ` "commissioner for fair trading" means the commissioner for fair 4 trading under the Fair Trading Act 1989. 5 "presiding case manager" means the presiding case manager under the 6 Queensland Building Tribunal Act 2000. 7 "public examination" means a public examination conducted under 8 chapter 14, part 5, division 8. 9 "reference committee" means the reference committee established under 10 section 528AA. 11 "registrar", other than in chapter 19, means the director, central tribunals 12 registry under the Queensland Building Tribunal Act 2000.'. 13 (2) Schedule 3-- 14 renumber as schedule 2. 15 PART 4--AMENDMENT OF QUEENSLAND BUILDING 16 TRIBUNAL ACT 2000 17 43 Act amended in pt 4 Clause 18 This part amends the Queensland Building Tribunal Act 2000. 19 44 Amendment of s 4 (Objects of Act) Clause 20 Section 4-- 21 insert-- 22 `(2) A further object of this Act is to establish a central tribunals registry 23 to support particular tribunals established under Acts administered by the 24 Minister.'. 25
s 45 29 s 48 Tribunals Provisions Amendment Bill 2002 45 Amendment of s 6 (Definitions) Clause 1 Section 6, `schedule 2'-- 2 omit, insert-- 3 `the schedule'. 4 46 Insertion of new s 10A Clause 5 After section 10-- 6 insert-- 7 `10A Advertising for nominations for appointment 8 `Before recommending a person to the Governor in Council for 9 appointment as a member of the tribunal, the Minister must advertise in a 10 newspaper circulating throughout the State for applications or expressions 11 of interest from suitably qualified persons to be considered for selection as 12 a member of the tribunal.'. 13 47 Amendment of s 11 (Appointment of chairperson and Clause 14 membership of tribunal) 15 Section 11-- 16 insert-- 17 `(7) The chairperson may hold, or act in, and perform the functions of, 18 another public office in addition to the office of chairperson if the 19 chairperson is appointed to, or appointed to act in, the other office by the 20 Governor in Council.'. 21 48 Replacement of s 13 (Chairperson to direct business of tribunal) Clause 22 Section 13-- 23 omit, insert-- 24 `13 Chairperson's role 25 `(1) The chairperson's role includes the following-- 26 (a) directing the tribunal's adjudicative operations to ensure they are 27 as fair, economical, informal and speedy as practical; 28
s 49 30 s 49 Tribunals Provisions Amendment Bill 2002 (b) developing, with the participation of other members, guiding 1 principles that promote high quality and consistent decisions by 2 the tribunal; 3 (c) developing and implementing procedures and policies for the 4 tribunal's adjudicative operations; 5 (d) issuing practice directions of general application to proceedings; 6 (e) managing the overall performance of members; 7 (f) being responsible for the professional development and training 8 of members of the tribunal in relation to the discharge of their 9 functions. 10 `(2) The chairperson may do all things necessary or convenient to be 11 done for the performance of the chairperson's role. 12 `13A Chairperson and director to work cooperatively 13 `The chairperson and the director must work cooperatively to promote 14 the effective and efficient operation of the tribunal. 15 `13B Member's role 16 `(1) A member's role includes professionally and efficiently performing 17 the functions of the tribunal assigned or given to the member under this 18 Act. 19 `(2) A member must comply with the procedures and policies 20 implemented by the chairperson for the tribunal's adjudicative operations.'. 21 49 Replacement of s 14 (Delegation of powers by chairperson) Clause 22 Section 14-- 23 omit, insert-- 24 `14 Delegation of powers by chairperson 25 `(1) The chairperson may delegate the chairperson's powers under this 26 Act or another Act to another member. 27 `(2) The chairperson may delegate the chairperson's power under 28 section 27(1) to the director. 29
s 50 31 s 51 Tribunals Provisions Amendment Bill 2002 `(3) The director may subdelegate the delegated power to another 1 appropriately qualified member of the staff of the registry. 2 `(4) In this section-- 3 "appropriately qualified", for a subdelegated power, includes having the 4 qualifications, experience or standing appropriate to exercise the 5 power. 6 7 Example of standing-- 8 A person's level of employment in the registry.'. 50 Replacement of s 17 (Termination of appointment of a member) Clause 9 (1) Section 17-- 10 omit, insert-- 11 `17 Termination of appointment of a member 12 `(1) The Governor in Council may terminate the appointment of a 13 member of the tribunal if the Governor in Council is satisfied the 14 member-- 15 (a) is mentally or physically incapable of satisfactorily performing 16 the member's duties; or 17 (b) performed the member's duties carelessly, incompetently or 18 inefficiently; or 19 (c) has engaged in conduct that could warrant dismissal from the 20 public service if the member were a public service officer; or 21 (d) is affected by bankruptcy action. 22 `(2) The Governor in Council must terminate the appointment of a 23 member if the member-- 24 (a) ceases to be eligible for appointment as a member; or 25 (b) is convicted of an indictable offence, whether dealt with on 26 indictment or summarily. 27 `(3) This section applies to a member of the tribunal whether appointed 28 before or after the commencement of this section.'. 29 51 Replacement of pt 3 (Registrar and other staff) Clause 30 Part 3-- 31
s 51 32 s 51 Tribunals Provisions Amendment Bill 2002 omit, insert-- 1 `PART 3--CENTRAL TRIBUNALS REGISTRY, 2 DIRECTOR AND OTHER STAFF 3 `20 Director, central tribunals registry and registry 4 `(1) There is to be a director, central tribunals registry. 5 `(2) The central tribunals registry is established. 6 `(3) The registry consists of the director and the staff of the registry. 7 `(4) The registry is the registry for each central tribunal. 8 `21 Director's functions and powers for central tribunals 9 `(1) Subject to the chief executive, the director is responsible for 10 managing the central tribunals registry and the administrative affairs of 11 each central tribunal. 12 `(2) The director has the following functions for each central tribunal-- 13 (a) to keep a register containing details of all applications made to 14 the tribunal, which may be kept in any form allowing it to be 15 inspected as mentioned in paragraph (b); 16 (b) to ensure the register is available for inspection by a person 17 paying any fee that may be prescribed under a regulation made 18 under a central tribunal Act for the inspection; 19 (c) to supply a certificate as to the correctness of a matter in the 20 register to a person paying any fee that may be prescribed under a 21 regulation made under a central tribunal Act for the certificate; 22 (d) to sign and issue summonses and attendance notices, however 23 described, for the tribunal; 24 (e) to keep the tribunal's records and decisions; 25 (f) to notify the participants in or parties to a proceeding of the 26 tribunal's final decision in the proceeding and any reasons given 27 for the decision; 28 (g) to publish decisions of the tribunal approved for publication by 29 the chairperson of the tribunal under arrangements, and in the 30 way, approved by the chairperson of the tribunal; 31
s 51 33 s 51 Tribunals Provisions Amendment Bill 2002 (h) to keep account of fees paid and payable to the tribunal; 1 (i) to collect statistical data and other information relevant to the 2 administration of the central tribunals registry for inclusion in the 3 tribunal's annual report. 4 `(3) The director may exercise the powers given to the director under a 5 central tribunal Act. 6 `(4) Subsection (2) does not limit the functions of the director under this 7 or another central tribunal Act. 8 `22 Keeping and disclosure of records and information 9 `(1) The director may keep the records of and information for a central 10 tribunal the director considers appropriate, and may make the records and 11 information available to the public. 12 `(2) Without limiting subsection (1), the director must keep the records 13 of and information about proceedings before each central tribunal the 14 director considers appropriate, and must make the records and information 15 available to the public. 16 `(3) Despite subsections (1) and (2), the director must not make a record 17 or information available to the public if the relevant central tribunal orders 18 that the record or information must not be made available to the public. 19 `23 Particular powers of director for this Act 20 `(1) For this Act, the director may-- 21 (a) appoint mediators and decide whether a proceeding should be the 22 subject of a mediation or expedited hearing and the times and 23 places of mediations or expedited hearings; and 24 (b) give decisions by default under section 121; and 25 (c) keep account of moneys paid into and out of the tribunal's trust 26 account. 27 `(2) Subsection (1)(a) does not limit the tribunal's power to appoint a 28 mediator under section 123.'. 29
s 51 34 s 51 Tribunals Provisions Amendment Bill 2002 `24 Engagement of consultants 1 `(1) The director may engage persons having suitable qualifications and 2 experience as consultants to perform services for a central tribunal. 3 `(2) Without limiting subsection (1), the services a consultant may be 4 engaged to perform include conducting research for the tribunal. 5 `(3) An engagement under subsection (1) must be made for the State 6 under a written agreement. 7 `(4) This section does not limit the power of a central tribunal to engage 8 experts under a central tribunal Act. 9 `25 Delegation by director 10 `(1) The director may delegate the director's powers under this Act or 11 another Act to an appropriately qualified member of the staff of the central 12 tribunals registry. 13 `(2) In this section-- 14 "appropriately qualified" includes having the qualifications, experience 15 or standing appropriate to exercise the power. 16 17 Example of standing-- 18 A person's seniority level as a member of the staff of the central tribunals 19 registry. `26 Employment provisions for director and staff of registry 20 `(1) A person is eligible for appointment as the director only if the 21 person has particular knowledge and experience of-- 22 (a) public administration; and 23 (b) something else of substantial relevance to the functions of the 24 director. 25 `(2) The director and other staff of the central tribunals registry are to be 26 appointed under the Public Service Act 1996. 27 `(3) The director may hold, or act in, and perform the functions of, 28 another public office in addition to the office of director, central tribunals 29 registry. 30
s 51 35 s 51 Tribunals Provisions Amendment Bill 2002 `26A Appointment of acting director 1 `(1) The chief executive may appoint an appropriately qualified person to 2 act as director. 3 `(2) The appointee is to act as director if-- 4 (a) the director is not available to carry out the director's duties; or 5 (b) there is a vacancy in the office of director. 6 `(3) In this section-- 7 "appropriately qualified" includes having particular knowledge and 8 experience of-- 9 (a) public administration; and 10 (b) something else of substantial relevance to the functions of the 11 director. 12 `PART 3A--PRESIDING CASE MANAGER 13 `26B Presiding case manager 14 `There is to be a presiding case manager. 15 `26C Presiding case manager's power to deal with particular 16 applications to central tribunals 17 `(1) The presiding case manager may deal with a prescribed application 18 or matter to, or before, any central tribunal if selected by the chairperson of 19 the relevant central tribunal to constitute the central tribunal for the 20 prescribed application or matter. 21 `(2) For the prescribed application or matter, the presiding case manager 22 constitutes, and may exercise all the jurisdiction and powers of, the central 23 tribunal. 24 `(3) The presiding case manager may exercise the other powers in 25 relation to a direction given or a decision made by the presiding case 26 manager that are incidental to the direction or decision and prescribed 27 under a regulation made under a central tribunal Act for this section. 28
s 51 36 s 51 Tribunals Provisions Amendment Bill 2002 1 Example-- 2 A regulation may provide that the presiding case manager may correct a clerical error 3 or accidental slip or omission in a direction given by the presiding case manager. `(4) The exercise of power by the presiding case manager under 4 subsection (3) is taken to be an exercise of power by the relevant central 5 tribunal. 6 `(5) Subsection (6) applies if the presiding case manager has jurisdiction 7 to deal with a prescribed application or matter under the Property Agents 8 and Motor Dealers Act 2000, the Retirement Villages Act 1999 or this Act. 9 `(6) The presiding case manager is to constitute the tribunal to deal with 10 the application or matter unless the chairperson of the central tribunal 11 decides that the presiding case manager should not constitute the tribunal 12 for the prescribed application or matter because it would result in undue 13 delay or it would otherwise be inappropriate. 14 `(7) If the chairperson of the relevant central tribunal decides that the 15 presiding case manager should not constitute the tribunal, the chairperson 16 must-- 17 (a) deal with the prescribed application or matter personally; or 18 (b) select a legally qualified member of the relevant central tribunal 19 to constitute the tribunal to deal with it. 20 `(8) The presiding case manager may refer any prescribed application or 21 matter, including an application or matter to which subsection (6) applies, 22 to a member of the relevant central tribunal to be dealt with if the presiding 23 case manager decides that it is an application or matter that should be dealt 24 with by a member of the relevant central tribunal. 25 `(9) In this section-- 26 "legally qualified member", of a relevant central tribunal, means a 27 member of the tribunal who is a lawyer of at least 5 years standing. 28 "prescribed application or matter" means an application or matter 29 that-- 30 (a) may be heard and decided by a central tribunal; and 31 (b) is of a kind prescribed under a regulation made under a central 32 tribunal Act for this section. 33
s 51 37 s 51 Tribunals Provisions Amendment Bill 2002 `26D Particular powers of presiding case manager for this Act 1 `For this Act, the presiding case manager may appoint mediators and 2 decide whether a proceeding should be the subject of a mediation or 3 expedited hearing and the times and places of mediations or expedited 4 hearings. 5 `26E Independence of presiding case manager 6 `(1) The presiding case manager when constituting a central tribunal is 7 not subject to direction or control, other than as provided under this Act. 8 `(2) However, the presiding case manager must comply with any 9 procedural directions given by the chairperson of the central tribunal the 10 presiding case manager is constituting. 11 `26F Employment provisions for presiding case manager 12 `(1) The presiding case manager is to be appointed by the Governor in 13 Council. 14 `(2) A person is eligible for appointment as the presiding case manager 15 only if the person is a lawyer of not less than 5 years standing. 16 `(3) The presiding case manager may be appointed on a full-time or 17 part-time basis. 18 `(4) The presiding case manager is a member of the staff of the central 19 tribunals registry. 20 `(5) The presiding case manager may hold, or act in, and perform the 21 functions of, another public office in addition to the office of presiding case 22 manager. 23 `26G Disclosure of interests 24 `(1) If the presiding case manager becomes aware that he or she has a 25 conflict of interest about a prescribed application or matter before the 26 presiding case manager, the presiding case manager must disclose the issue 27 giving rise to the conflict to the chairperson of the relevant central tribunal 28 and the parties to the application or matter. 29 `(2) After making the disclosure, the presiding case manager may 30 disqualify himself or herself. 31
s 52 38 s 52 Tribunals Provisions Amendment Bill 2002 `(3) However, the presiding case manager may deal with the prescribed 1 application or matter, or exercise a power for the application or matter, if 2 the chairperson of the relevant central tribunal and the parties agree. 3 `(4) The presiding case manager has a conflict of interest about a 4 prescribed application or matter if he or she has an interest, financial or 5 otherwise, that could conflict with the proper performance of the presiding 6 case manager's functions for the application or matter. 7 `26H Protection of presiding case manager 8 `The presiding case manager has, in the performance of the presiding 9 case manager's duties when constituting a central tribunal or exercising a 10 power under section 26C(3), the same protection and immunity as a 11 District Court judge has in the performance of the judge's duties. 12 `26I Appointment of acting presiding case manager 13 `(1) The chief executive may appoint a person who is eligible to be 14 appointed as the presiding case manager to act as the presiding case 15 manager. 16 `(2) The appointee is to act as the presiding case manager if-- 17 (a) the presiding case manager is not available to carry out the 18 presiding case manager's duties; or 19 (b) there is a vacancy in the office of presiding case manager.'. 20 52 Amendment of s 27 (Constitution of tribunal) Clause 21 (1) Section 27, `by a single member'-- 22 omit, insert-- 23 `by the chairperson or a single member selected by the chairperson'. 24 (2) Section 27-- 25 insert-- 26
s 53 39 s 55 Tribunals Provisions Amendment Bill 2002 `(2) However, if the proceeding is for a prescribed application or matter 1 under section 26C,13 the presiding case manager must constitute the 2 tribunal except as otherwise provided under that section.'. 3 53 Amendment of s 79 (Contempt of tribunal) Clause 4 (1) Section 79(1)(a), `member of the tribunal staff'-- 5 omit, insert-- 6 `member of the staff of the central tribunals registry'. 7 (2) Section 79(3), `member of the tribunal staff'-- 8 omit, insert-- 9 `member of the staff of the central tribunals registry'. 10 (3) Section 79-- 11 insert-- 12 `(4) In this section-- 13 "member" includes presiding case manager.'. 14 54 Amendment of s 93 (Tribunal may decide building dispute) Clause 15 Section 93(2)(c)-- 16 omit, insert-- 17 `(c) award damages, and interest on the damages at the rate, and 18 calculated in the way, prescribed under a regulation;'. 19 55 Amendment of s 106 (Stay of operation of decision) Clause 20 Section 106(3)(a), `as to costs or damages'-- 21 omit, insert-- 22 `, including an undertaking as to costs or damages,'. 23 13 Section 26C (Presiding case manager's power to deal with particular applications to central tribunals)
s 56 40 s 58 Tribunals Provisions Amendment Bill 2002 56 Amendment of s 110 (Proper grounds for disciplinary action Clause 1 against person not a licensee) 2 (1) Section 110(a), after `carries out'-- 3 insert-- 4 `, or undertakes to carry out,'. 5 (2) Section 110-- 6 insert-- 7 `(2) In this section-- 8 ` "undertakes to carry out", building work, means enters into a contract 9 to carry out building work or submits a tender or makes an offer to 10 carry out building work, unless the contract, submission or offer is 11 conditional on the person obtaining a licence of the appropriate 12 class.'. 13 57 Amendment of s 113 (Procedure before public examination starts) Clause 14 Section 113(4), from `The tribunal' to `the authority'-- 15 omit, insert-- 16 `The authority must serve on each person who is the subject of the public 17 examination'. 18 58 Amendment of s 125 (Matters about mediation) Clause 19 (1) Section 125(1)-- 20 omit, insert-- 21 `(1) Evidence of anything done or said, or an admission made, at a 22 mediation is admissible in a proceeding before the tribunal or elsewhere 23 only if all parties to the mediation agree.'. 24 (2) Section 125-- 25 insert-- 26 `(7) In subsection (1)-- 27 "proceeding" does not include a proceeding founded on fraud, or about an 28 offence, alleged to be connected with, or to have happened during, the 29 mediation.'. 30
s 59 41 s 61 Tribunals Provisions Amendment Bill 2002 59 Insertion of new s 125A Clause 1 After section 125-- 2 insert-- 3 `125A Mediators to maintain secrecy 4 `(1) A mediator must not, without reasonable excuse, disclose 5 information coming to the mediator's knowledge during a mediation. 6 Maximum penalty--40 penalty units. 7 `(2) It is a reasonable excuse to disclose information if the disclosure is 8 made-- 9 (a) with the agreement of all parties to the mediation; or 10 (b) for this Act; or 11 (c) for statistical purposes without revealing, or being likely to 12 reveal, the identity of a person about whom the information 13 relates; or 14 (d) for an inquiry or proceeding about an offence happening during 15 the mediation; or 16 (e) for a proceeding founded on fraud alleged to be connected with, 17 or to have happened during, the mediation; or 18 (f) under a requirement imposed under an Act.'. 19 60 Amendment of s 131 (Summary decision for applicant) Clause 20 Section 131(1), `at any time after a respondent serves a defence on the 21 applicant'-- 22 omit, insert-- 23 `at any time after the end of the 14 day period allowed for the filing of a 24 defence'. 25 61 Amendment of s 162 (Finance and staffing of tribunal) Clause 26 Section 162(2)-- 27 omit. 28
s 62 42 s 65 Tribunals Provisions Amendment Bill 2002 62 Replacement of s 164 (Annual report) Clause 1 Section 164-- 2 omit, insert-- 3 `164 Annual report on operation of tribunal 4 `(1) As soon as practicable after each financial year, but not later than 5 30 September, the chairperson must give the Minister a report containing-- 6 (a) a review of the operation of the tribunal during the preceding 7 financial year; and 8 (b) proposals for improving the operation of, and forecasts of the 9 workload of, the tribunal in the present financial year. 10 `(2) The department's annual report for a financial year must include a 11 report on the operation of the tribunal and the central tribunals registry 12 during the financial year.'. 13 63 Amendment of s 171 (Proof of signature unnecessary) Clause 14 Section 171, `registrar'-- 15 omit, insert-- 16 `director, the presiding case manager'. 17 64 Amendment of s 173 (Protection from liability) Clause 18 Section 173(3), definition "official", paragraph (a), `tribunal'-- 19 omit, insert-- 20 `registry, other than the presiding case manager'. 21 65 Replacement of pt 8, hdg Clause 22 Part 8, heading-- 23 omit, insert-- 24
s 66 43 s 66 Tribunals Provisions Amendment Bill 2002 `PART 8--TRANSITIONAL PROVISIONS FOR ACT 1 No. 10 of 2000'. 2 66 Insertion of new pt 9 Clause 3 After section 182-- 4 insert-- 5 `PART 9--TRANSITIONAL PROVISIONS FOR 6 TRIBUNALS PROVISIONS AMENDMENT ACT 2002 7 `183 Registrar of tribunal 8 `The person holding office as the registrar of the tribunal immediately 9 before the commencement of section 47 of the Tribunals Provisions 10 Amendment Act 200214 is taken, on the commencement, to be the director, 11 central tribunals registry. 12 `184 Staff of tribunal 13 `A person who, immediately before the commencement of section 47 of 14 the Tribunals Provisions Amendment Act 2002, is a member of the staff of 15 the tribunal is taken, on the commencement, to be a member of the staff of 16 the central tribunals registry. 17 `185 Tribunal continues to have jurisdiction to deal with matters that 18 presiding case manager may deal with 19 `(1) This section applies if, immediately after the commencement of 20 section 47 of the Tribunals Provisions Amendment Act 2002, the presiding 21 case manager may or must deal with a matter under a central tribunal Act 22 that was started before the commencement. 23 `(2) The central tribunal may continue to deal with all aspects of the 24 matter, to the extent of the jurisdiction it possessed immediately before the 25 commencement, after the commencement. 26 14 Tribunals Provisions Amendment Act 2002, section 47 (Replacement of pt 3 (Registrar and other staff))
s 67 44 s 67 Tribunals Provisions Amendment Bill 2002 `(3) Subsection (2) does not prevent the presiding case manager from 1 dealing with the matter under arrangements approved by the chairperson of 2 the relevant central tribunal.'. 3 67 Amendment of sch 2 (Dictionary) Clause 4 (1) Schedule 2, definition "registrar"-- 5 omit. 6 (2) Schedule 2-- 7 insert-- 8 ` "affected by bankruptcy action", in relation to an individual, means the 9 individual, in any jurisdiction-- 10 (a) is bankrupt; or 11 (b) has compounded with creditors; or 12 (c) has otherwise taken, or applied to take, advantage of any law 13 about bankruptcy. 14 "central tribunal" means-- 15 (a) the Liquor Appeals Tribunal; or 16 (b) the Property Agents and Motor Dealers Tribunal; or 17 (c) the Queensland Building Tribunal; or 18 (d) the Racing Appeals Authority; or 19 (e) the Retirement Villages Tribunal. 20 "central tribunal Act" means-- 21 (a) the Liquor Act 1992; or 22 (b) the Property Agents and Motor Dealers Act 2000; or 23 (c) the Racing and Betting Act 1980; or 24 (d) the Retirement Villages Act 1999; or 25 (e) this Act. 26 "director" means the director, central tribunals registry. 27 "Liquor Appeals Tribunal" means the Liquor Appeals Tribunal under the 28 Liquor Act 1992, section 14. 29
s 68 45 s 70 Tribunals Provisions Amendment Bill 2002 "Property Agents and Motor Dealers Tribunal" means the Property 1 Agents and Motor Dealers Tribunal established under the Property 2 Agents and Motor Dealers Act 2000, section 448. 3 "Racing Appeals Authority" means the Racing Appeals Authority 4 established under the Racing and Betting Act 1980, section 115B. 5 "registry" means the central tribunals registry. 6 "Retirement Villages Tribunal" means a tribunal appointed under the 7 Retirement Villages Act 1999, section 172.'. 8 (3) Schedule 2-- 9 renumber as schedule. 10 PART 5--AMENDMENT OF RACING AND BETTING 11 ACT 1980 12 68 Act amended in pt 5 Clause 13 This part amends the Racing and Betting Act 1980. 14 69 Amendment of s 5 (Definitions) Clause 15 Section 5-- 16 insert-- 17 ` "affected by bankruptcy action", in relation to an individual, means the 18 individual, in any jurisdiction-- 19 (a) is bankrupt; or 20 (b) has compounded with creditors; or 21 (c) has otherwise taken, or applied to take, advantage of any law 22 about bankruptcy.'. 23 70 Amendment of s 115A (Definitions) Clause 24 Section 115A-- 25 insert-- 26
s 71 46 s 72 Tribunals Provisions Amendment Bill 2002 ` "presiding case manager" means the presiding case manager under the 1 Queensland Building Tribunal Act 2000. 2 "secretary", to the authority, means the director, central tribunals registry 3 under the Queensland Building Tribunal Act 2000.'. 4 71 Insertion of new s 115BA Clause 5 After section 115B-- 6 insert-- 7 `115BA Constitution of authority 8 `(1) The authority is constituted by-- 9 (a) 1 member selected by the chairperson, who may be the 10 chairperson; or 11 (b) more than 1 members selected by the chairperson, one of whom 12 may be the chairperson. 13 `(2) However, for a prescribed application or matter under the 14 Queensland Building Tribunal Act 2000, section 26C,15 the chairperson 15 may select the presiding case manager to constitute the authority. 16 `(3) The authority, as differently constituted by 1 or more members, may 17 sit at the same time and exercise the jurisdiction and powers of the 18 authority.'. 19 72 Replacement of s 115D Clause 20 Section 115D-- 21 omit, insert-- 22 `115D Disqualification for appointment 23 `Each of the following persons is not qualified to be appointed, or to 24 continue, as a member-- 25 (a) a member of a control body or an employee or official of a 26 control body; 27 15 Queensland Building Tribunal Act 2000, section 26C (Presiding case manager's power to deal with particular applications to central tribunals)
s 73 47 s 74 Tribunals Provisions Amendment Bill 2002 (b) a member of a racing association; 1 (c) a member of the Regional Racing Council. 2 `115DA Advertising for nominations for appointment 3 `Before recommending a person to the Governor in Council for 4 appointment as a member of the authority, the Minister must advertise in a 5 newspaper circulating throughout the State for applications or expressions 6 of interest from suitably qualified persons to be considered for selection as 7 a member.'. 8 73 Amendment of s 115E (Tenure of office) Clause 9 Section 115E(3)-- 10 omit, insert-- 11 `(3) A member may at any time, by signed notice given to the Minister, 12 resign his or her appointment as a member.'. 13 74 Insertion of new s 115EA Clause 14 After section 115E-- 15 insert-- 16 `115EA Termination of appointment 17 `(1) The Governor in Council may terminate the appointment of a 18 member if the Governor in Council is satisfied the member-- 19 (a) is mentally or physically incapable of satisfactorily performing 20 the member's duties; or 21 (b) performed the member's duties carelessly, incompetently or 22 inefficiently; or 23 (c) has engaged in conduct that could warrant dismissal from the 24 public service if the member were a public service officer; or 25 (d) is affected by bankruptcy action. 26 `(2) The Governor in Council must terminate the appointment of a 27 member if the member-- 28 (a) ceases to be qualified for appointment as a member; or 29
s 75 48 s 76 Tribunals Provisions Amendment Bill 2002 (b) is convicted of an indictable offence, whether dealt with on 1 indictment or summarily. 2 `(3) This section applies to a member whether appointed before or after 3 the commencement of this section.'. 4 75 Amendment of s 115F (Vacation of office) Clause 5 Section 115F(c), `section 115E(3)(a)'-- 6 omit, insert-- 7 `section 115E(3)'. 8 76 Insertion of new ss 115HA-115HD Clause 9 After section 115H-- 10 insert-- 11 `115HA Chairperson's role 12 `(1) The chairperson's role includes the following-- 13 (a) directing the authority's adjudicative operations to ensure they 14 are as fair, economical, informal and speedy as practical; 15 (b) developing, with the participation of other members, guiding 16 principles that promote high quality and consistent decisions by 17 the authority; 18 (c) developing and implementing procedures and policies for the 19 authority's adjudicative operations; 20 (d) issuing practice directions of general application to proceedings; 21 (e) managing the overall performance of members; 22 (f) being responsible for the professional development and training 23 of members of the authority in relation to the discharge of their 24 functions. 25 `(2) The chairperson may do all things necessary or convenient to be 26 done for the performance of the chairperson's role. 27
s 77 49 s 77 Tribunals Provisions Amendment Bill 2002 `115HB Chairperson and secretary to work cooperatively 1 `The chairperson and the secretary to the authority must work 2 cooperatively to promote the effective and efficient operation of the 3 authority. 4 `115HC Member's role 5 `(1) A member's role includes professionally and efficiently performing 6 the functions of the authority assigned or given to the member under this 7 Act. 8 `(2) A member must comply with the procedures and policies 9 implemented by the chairperson for the tribunal's adjudicative operations. 10 `115HD Delegation 11 `(1) The chairperson may delegate the chairperson's powers under this 12 Act to another member. 13 `(2) The chairperson may delegate the chairperson's power under 14 section 115BA(1) to the secretary to the authority. 15 `(3) The secretary may subdelegate the delegated power to another 16 appropriately qualified officer of the staff of the registry. 17 `(4) In this section-- 18 "appropriately qualified", for a subdelegated power, includes having the 19 qualifications, experience or standing appropriate to exercise the 20 power. 21 22 Example of standing-- 23 A person's level of employment in the registry. "registry" means the central tribunals registry under the Queensland 24 Building Tribunal Act 2000.'. 25 77 Replacement of s 115I (Officers of authority) Clause 26 Section 115I-- 27 omit, insert-- 28
s 78 50 s 78 Tribunals Provisions Amendment Bill 2002 `115I Disclosure of interests 1 `(1) If a member becomes aware that the member has a conflict of 2 interest about a proceeding before the authority, the member must disclose 3 the issue giving rise to the conflict-- 4 (a) if the member is the chairperson--to the parties to the 5 proceeding; or 6 (b) otherwise--to the chairperson and the parties to the proceeding. 7 `(2) After making the disclosure, the member may disqualify himself or 8 herself. 9 `(3) However, the member may take part in the proceeding, or exercise a 10 power for the proceeding-- 11 (a) if the member is the chairperson--if the parties agree; or 12 (b) otherwise--if the chairperson and the parties agree. 13 `(4) A member has a conflict of interest about a proceeding if the 14 member has an interest, financial or otherwise, that could conflict with the 15 proper performance of the member's functions for the proceeding. 16 `115IA Protection of members 17 `A member has, in the performance of the member's duties as a member, 18 the same protection and immunity as a District Court judge has in the 19 performance of the judge's duties.'. 20 78 Amendment of s 115L (Institution of appeal) Clause 21 Section 115L(1)(a)-- 22 omit, insert-- 23 `(a) by lodging with the secretary to the authority written notice of 24 appeal and paying to the secretary the following in the amounts 25 prescribed under a regulation-- 26 (i) an administration fee that is non-refundable; 27 (ii) an appeal deposit that is refundable in the circumstances 28 prescribed under a regulation; and'. 29
s 79 51 s 80 Tribunals Provisions Amendment Bill 2002 79 Amendment of s 115O (Hearing of appeals) Clause 1 Section 115O-- 2 insert-- 3 `(5A) A person summonsed to appear before the authority is entitled 4 to-- 5 (a) the witness fees and expenses prescribed under a regulation; or 6 (b) if no fees or expenses are prescribed--the reasonable witness 7 fees and expenses decided by the authority. 8 `(5B) If the summons requiring a person to attend at a proceeding is 9 issued on an application by a party to the proceeding, the party must pay 10 the fees and expenses to which the person is entitled.'. 11 80 Insertion of new ss 115QA and 115QB Clause 12 Part 3, division 3A-- 13 insert-- 14 `115QA Contempt of authority 15 `(1) A person must not-- 16 (a) insult the member, or any of the members, constituting the 17 authority in a proceeding; or 18 (b) deliberately interrupt a proceeding before the authority; or 19 (c) create or continue, or join in creating or continuing, a disturbance 20 in or near a place where the authority is conducting a proceeding; 21 or 22 (d) do anything that would constitute a contempt of court if the 23 authority were a court of record. 24 Maximum penalty--100 penalty units. 25 `(2) In this section-- 26 "member" includes presiding case manager. 27 `115QB Annual report on operation of authority 28 `(1) As soon as practicable after each financial year, but not later than 29 30 September, the chairperson must give the Minister a report containing-- 30
s 81 52 s 84 Tribunals Provisions Amendment Bill 2002 (a) a review of the operation of the authority during the preceding 1 financial year; and 2 (b) proposals for improving the operation of, and forecasts of the 3 workload of, the authority in the present financial year. 4 `(2) The department's annual report for a financial year must include a 5 report on the operation of the authority during the financial year.'. 6 81 Amendment of s 256 (Evidentiary provisions) Clause 7 Section 256(b)-- 8 insert-- 9 `(ii) the presiding case manager; or'. 10 PART 6--AMENDMENT OF RETIREMENT VILLAGES 11 ACT 1999 12 82 Act amended in pt 6 Clause 13 This part amends the Retirement Villages Act 1999. 14 83 Amendment of s 4 (Definitions) Clause 15 Section 4, `schedule 2'-- 16 omit, insert-- 17 `the schedule'. 18 84 Replacement of s 168 (Chief executive to refer dispute to tribunal) Clause 19 Section 168-- 20 omit, insert-- 21 `168 Referral of dispute, appointment of tribunal panel and notice 22 `(1) Within 14 days after the application is made, the registrar must refer 23 the dispute to the chairperson. 24
s 85 53 s 86 Tribunals Provisions Amendment Bill 2002 `(2) The chairperson must-- 1 (a) appoint a tribunal from the tribunal panel to hear the dispute; and 2 (b) give written notice to the tribunal panel members of their 3 appointment to hear the dispute. 4 `(3) The registrar must give written notice to the parties to the dispute of 5 the appointment and composition of the tribunal to hear the dispute.'. 6 85 Replacement of s 172 (Chief executive to refer dispute to tribunal) Clause 7 Section 172-- 8 omit, insert-- 9 `172 Referral of application, appointment of tribunal panel and notice 10 `(1) Within 7 days after an application for an order under section 169, 11 170 or 171 is received, the registrar must refer the application to the 12 chairperson. 13 `(2) The chairperson must-- 14 (a) appoint from tribunal panel members a tribunal (which may 15 include the chairperson) to hear the application; and 16 (b) give written notice to the tribunal panel members of their 17 appointment to hear the application. 18 `(3) The registrar must give written notice to the applicant and scheme 19 operator of the appointment and composition of the tribunal to hear the 20 application. 21 `(4) The notice to the scheme operator must state the grounds on which 22 the order is sought.'. 23 86 Amendment of s 174 (Chairperson may hold directions hearing) Clause 24 (1) Section 174, heading-- 25 omit, insert-- 26 `Directions hearings'. 27 (2) Section 174(4)(a)-- 28 omit, insert-- 29
s 87 54 s 89 Tribunals Provisions Amendment Bill 2002 `(a) the tribunal is constituted by the chairperson or, for a prescribed 1 application or matter under the Queensland Building Tribunal 2 Act 2000, section 26C,16 the presiding case manager except as 3 otherwise provided under that section; and'. 4 87 Replacement of s 175 (Presiding member) Clause 5 Section 175-- 6 omit, insert-- 7 `175 Presiding member 8 `(1) If the chairperson is a member of the tribunal for a hearing of a 9 retirement village issue or a directions hearing, the chairperson is the 10 presiding member for the hearing. 11 `(2) If the chairperson is not a member of the tribunal for the hearing, the 12 presiding member for the hearing must be-- 13 (a) if the presiding case manager alone is constituting the tribunal at 14 a directions hearing under section 174--the presiding case 15 manager; or 16 (b) otherwise--a person mentioned in section 207(1)(a) or (2).'. 17 88 Amendment of s 184 (Powers of tribunal) Clause 18 (1) Section 184(2)-- 19 renumber as section 184(3). 20 (2) Section 184-- 21 insert-- 22 `(2) The tribunal may issue an attendance notice on the application of a 23 party to a proceeding or on its own initiative.'. 24 89 Amendment of s 190 (Contempt of tribunal) Clause 25 Section 190-- 26 insert-- 27 16 Queensland Building Tribunal Act 2000, section 26C (Presiding case manager's power to deal with particular applications to central tribunals)
s 90 55 s 92 Tribunals Provisions Amendment Bill 2002 `(2) In this section-- 1 "member" includes presiding case manager.'. 2 90 Replacement of s 201 (Allowance to witness) Clause 3 Section 201-- 4 omit, insert-- 5 `201 Allowance to witness 6 `(1) A person required to appear before the tribunal is entitled to-- 7 (a) the witness fees and expenses prescribed under a regulation; or 8 (b) if no fees or expenses are prescribed--the reasonable witness 9 fees and expenses decided by the tribunal. 10 `(2) If the notice requiring a person to attend at a proceeding is issued on 11 an application by a party to the proceeding, the party must pay the fees and 12 expenses to which the person is entitled.'. 13 91 Amendment of s 203 (Appointment of members of tribunal panel) Clause 14 Section 203-- 15 insert-- 16 `(2) The Governor in Council must appoint 1 of the persons mentioned 17 in subsection (1)(a) as the chairperson of tribunals. 18 `(3) The chairperson may hold, or act in, and perform the functions of, 19 another public office in addition to the office of chairperson if the 20 chairperson is appointed to, or appointed to act in, the other office by the 21 Governor in Council.'. 22 92 Insertion of new s 203A Clause 23 After section 203-- 24 insert-- 25 `203A Advertising for nominations for appointment 26 `Before recommending a person to the Governor in Council for 27 appointment as a member of the tribunal panel, the Minister must advertise 28 in a newspaper circulating throughout the State for applications or 29
s 93 56 s 94 Tribunals Provisions Amendment Bill 2002 expressions of interest from suitably qualified persons to be considered for 1 selection as a member of the tribunal panel.'. 2 93 Replacement of s 206 (Removal from office) Clause 3 Section 206-- 4 omit, insert-- 5 `206 Termination of appointment 6 `(1) The Governor in Council may terminate the appointment of a 7 tribunal panel member if the Governor in Council is satisfied the 8 member-- 9 (a) is mentally or physically incapable of satisfactorily performing 10 the member's duties; or 11 (b) performed the member's duties carelessly, incompetently or 12 inefficiently; or 13 (c) has engaged in conduct that could warrant dismissal from the 14 public service if the member were a public service officer; or 15 (d) is affected by bankruptcy action. 16 `(2) The Governor in Council must terminate the appointment of a 17 tribunal panel member if the member-- 18 (a) ceases to be eligible for appointment as a member; or 19 (b) is convicted of an indictable offence, whether dealt with on 20 indictment or summarily. 21 `(3) This section applies to a tribunal panel member whether appointed 22 before or after the commencement of this section.'. 23 94 Insertion of new pt 12, div 1A Clause 24 After section 206-- 25 insert-- 26 `Division 1A--Administration of tribunal 27 `206A Chairperson's role 28 `(1) The chairperson's role includes the following-- 29
s 94 57 s 94 Tribunals Provisions Amendment Bill 2002 (a) directing the adjudicative operations of tribunals to ensure they 1 are as fair, economical, informal and speedy as practical; 2 (b) developing, with the participation of other tribunal panel 3 members, guiding principles that promote high quality and 4 consistent decisions by tribunals; 5 (c) developing and implementing procedures and policies for the 6 adjudicative operations of tribunals; 7 (d) issuing practice directions of general application to proceedings; 8 (e) managing the overall performance of tribunal panel members; 9 (f) being responsible for the professional development and training 10 of tribunal panel members in relation to the discharge of their 11 functions. 12 `(2) The chairperson may do all things necessary or convenient to be 13 done for the performance of the chairperson's role. 14 `206B Chairperson and registrar to work cooperatively 15 `The chairperson and the registrar must work cooperatively to promote 16 the effective and efficient operation of tribunals. 17 `206C Tribunal panel member's role 18 `(1) A tribunal panel member's role includes professionally and 19 efficiently performing the functions of a tribunal assigned or given to the 20 member under this Act. 21 `(2) A tribunal panel member must comply with the procedures and 22 policies implemented by the chairperson for the adjudicative operations of 23 tribunals. 24 `206D Delegation by chairperson 25 `(1) The chairperson may delegate the chairperson's powers under this 26 Act or another Act to another tribunal panel member. 27 `(2) The chairperson may delegate the chairperson's power under 28 section 168(2)(a) or 172(2) to the registrar. 29 `(3) The registrar may subdelegate the delegated power to another 30 appropriately qualified officer of the staff of the registry. 31
s 95 58 s 97 Tribunals Provisions Amendment Bill 2002 `(4) In this section-- 1 "appropriately qualified", for a subdelegated power, includes having the 2 qualifications, experience or standing appropriate to exercise the 3 power. 4 5 Example of standing-- 6 A person's level of employment in the registry. "registry" means the central tribunals registry under the Queensland 7 Building Tribunal Act 2000.'. 8 95 Amendment of s 207 (Composition of retirement village tribunals) Clause 9 (1) Section 207, after `members'-- 10 insert-- 11 `selected by the chairperson'. 12 (2) Section 207(a), `section 203(a)'-- 13 omit, insert-- 14 `section 203(1)(a)'. 15 (3) Section 207-- 16 insert-- 17 `(2) However, if the tribunal is to be constituted for a prescribed 18 application or matter under the Queensland Building Tribunal Act 2000, 19 section 26C,17 the presiding case manager must constitute the tribunal 20 except as otherwise provided under that section.'. 21 96 Omission of s 217 (Reports on discharge of tribunals' function) Clause 22 Section 217-- 23 omit. 24 97 Amendment of s 220 (Appointments and authority) Clause 25 Section 220(1)-- 26 17 Queensland Building Tribunal Act 2000, section 26C (Presiding case manager's power to deal with particular applications to central tribunals)
s 98 59 s 99 Tribunals Provisions Amendment Bill 2002 omit, insert-- 1 `(1) It is not necessary to prove in a proceeding under this Act-- 2 (a) the chief executive's appointment; or 3 (b) the registrar's appointment; or 4 (c) an inspector's appointment; or 5 (d) the authority of the chief executive, the registrar or an inspector 6 to do anything under this Act.'. 7 98 Amendment of s 221 (Evidentiary provisions) Clause 8 (1) Section 221(2), after `chief executive'-- 9 insert-- 10 `, the registrar, the presiding case manager'. 11 (2) Section 221(3), `or an inspector'-- 12 omit, insert-- 13 `or the registrar'. 14 (3) Section 221(3)(e) and (5), after `chief executive'-- 15 insert-- 16 `or the registrar'. 17 (4) Section 221(5), as amended-- 18 renumber as section 221(4). 19 99 Replacement of s 226 (Annual report on operation of Act) Clause 20 Section 226-- 21 omit, insert-- 22 `226 Annual report on operation of Act 23 `(1) As soon as practicable after each financial year, but not later than 24 30 September, the chairperson must give the Minister a report containing-- 25 (a) a review of the operation of tribunals during the preceding 26 financial year; and 27
s 100 60 s 101 Tribunals Provisions Amendment Bill 2002 (b) proposals for improving the operation of, and forecasts of the 1 workload of, tribunals in the present financial year. 2 `(2) The department's annual report for a financial year must include a 3 report on the operation of tribunals during the financial year.'. 4 100 Amendment of sch 2 (Dictionary) Clause 5 (1) Schedule 2-- 6 insert-- 7 ` "affected by bankruptcy action", in relation to an individual, means the 8 individual, in any jurisdiction-- 9 (a) is bankrupt; or 10 (b) has compounded with creditors; or 11 (c) has otherwise taken, or applied to take, advantage of any law 12 about bankruptcy. 13 "chairperson" means the person appointed as chairperson of tribunals 14 under section 203(2). 15 "presiding case manager" means the presiding case manager under the 16 Queensland Building Tribunal Act 2000. 17 "registrar" means the director, central tribunals registry under the 18 Queensland Building Tribunal Act 2000.'. 19 (2) Schedule 2-- 20 renumber as schedule. 21 PART 7--GENERAL 22 101 Acts amended in schedule Clause 23 The schedule amends the Acts it mentions. 24
61 Tribunals Provisions Amendment Bill 2002 SCHEDULE 1 MINOR AND CONSEQUENTIAL AMENDMENTS 2 section 97 3 AMENDMENT OF LIQUOR ACT 1992 4 1 Section 15(a), `District Courts'-- 5 omit, insert-- 6 `the District Court'. 7 2 Section 43(5), definition "sensitive information", 8 `section 41A(6)'-- 9 omit, insert-- 10 `section 41A(5)'. 11 AMENDMENT OF QUEENSLAND BUILDING 12 SERVICES AUTHORITY ACT 1991 13 1 Section 25(3), `and the Tribunal Act'-- 14 omit. 15 AMENDMENT OF QUEENSLAND BUILDING 16 TRIBUNAL ACT 2000 17 1 Section 10(2), `registrar'-- 18 omit, insert-- 19 `director'. 20
62 Tribunals Provisions Amendment Bill 2002 SCHEDULE 1 (continued) 2 Section 42(2), `section 13(2)(c)'-- 1 omit, insert-- 2 `section 13'. 3 3 Section 59(2), `registrar'-- 4 omit, insert-- 5 `director'. 6 4 Section 62, `of otherwise'-- 7 omit, insert-- 8 `or otherwise'. 9 5 Section 85(1)(a), `registrar'-- 10 omit, insert-- 11 `director'. 12 6 Section 121(3), `registrar'-- 13 omit, insert-- 14 `director or the presiding case manager'. 15 7 Section 123(3) and (4), `registrar'-- 16 omit, insert-- 17 `director or the presiding case manager'. 18 8 Section 127, `registrar'-- 19 omit, insert-- 20 `director or the presiding case manager'. 21
63 Tribunals Provisions Amendment Bill 2002 SCHEDULE 1 (continued) 9 Section 152(3), `registrar'-- 1 omit, insert-- 2 `director'. 3 10 Section 172, `registrar'-- 4 omit, insert-- 5 `director'. 6 AMENDMENT OF RETIREMENT VILLAGES ACT 1999 7 1 Section 126, `registrar,'-- 8 omit, insert-- 9 `registrar of titles,'. 10 2 Section 157(1) and (2)(c), `chief executive'-- 11 omit, insert-- 12 `registrar'. 13 3 Section 158, heading, `Chief executive'-- 14 omit, insert-- 15 `Registrar'. 16 4 Section 158(1), `chief executive'-- 17 omit, insert-- 18 `registrar'. 19
64 Tribunals Provisions Amendment Bill 2002 SCHEDULE 1 (continued) 5 Section 163(3), `chief executive'-- 1 omit, insert-- 2 `registrar'. 3 6 Section 165(1) and (3), `chief executive'-- 4 omit, insert-- 5 `registrar'. 6 7 Section 166(c), `chief executive'-- 7 omit, insert-- 8 `registrar'. 9 8 Section 167, `chief executive'-- 10 omit, insert-- 11 `registrar'. 12 9 Section 169(2), `chief executive'-- 13 omit, insert-- 14 `registrar'. 15 10 Section 170(2), `chief executive'-- 16 omit, insert-- 17 `registrar'. 18 11 Section 171(2), `chief executive'-- 19 omit, insert-- 20 `registrar'. 21
65 Tribunals Provisions Amendment Bill 2002 SCHEDULE 1 (continued) 12 Section 182(2), `chairperson'-- 1 omit, insert-- 2 `presiding member'. 3 13 Section 186(1)(b) and (2)(a), `chairperson'-- 4 omit, insert-- 5 `presiding member'. 6 14 Section 195(2)(a)(i), `chief executive'-- 7 omit, insert-- 8 `registrar'. 9 15 Section 195(3), `the registrar must'-- 10 omit, insert-- 11 `the registrar of the District Court must'. 12 16 Section 196(3)(a)(i), `chief executive'-- 13 omit, insert-- 14 `registrar'. 15 17 Section 196(4), `the registrar must'-- 16 omit, insert-- 17 `the registrar of the court must'. 18 18 Section 202(1) and (3), `chief executive'-- 19 omit, insert-- 20 `registrar'. 21
66 Tribunals Provisions Amendment Bill 2002 SCHEDULE 1 (continued) 19 Part 12, heading-- 1 omit, insert-- 2 `PART 12--THE TRIBUNAL'. 3 20 Section 208, `207(a) is the chairperson'-- 4 omit, insert-- 5 `207(1)(a) is the presiding member'. 6 21 Section 215, `chief executive'-- 7 insert-- 8 `registrar'. 9 22 Section 216(3)-- 10 omit. 11 23 Section 231(5)(b), `registrar'-- 12 omit, insert-- 13 `registrar of titles'. 14 15 © State of Queensland 2002
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