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Corrective Services and Other Legislation Amendment Bill 2008
Corrective Services and Other Legislation
Amendment Bill 2008
Explanatory Notes for Amendments to be
moved during consideration in detail by the
Honourable Judy Spence MP
Title of the Bill
Corrective Services and Other Legislation Amendment Bill 2008
Objectives of the Amendments
The objectives of the amendments are to correct technical and drafting
matters in the Corrective Services and Other Legislation Amendment Bill
2008 (the Bill).
Reasons for the Amendments
The amendments seek to ensure the effective operation and administration
of the victim trust fund provisions. The amendments are consistent with
fundamental legislative principles.
Consultation
The Office of the Queensland Parliamentary Counsel, the Department of
the Premier and Cabinet and the Department of Justice and
Attorney-General has been consulted in preparing the amendments.
Notes on Provisions
Amendment 1 omits the definition of legal costs from section 319J of the
Bill.
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Corrective Services and Other Legislation Amendment Bill 2008
Amendment 2 amends section 319P of the Bill to provide for the protected
defendant to transfer an award of relevant money to the public trustee
within one month after the protected defendant knows the amount of the
relevant money that is required by an Act of the State or the
Commonwealth to be paid to someone else or is satisfied that none of the
relevant money is required by an Act of the State or the Commonwealth to
be paid to someone else.
Amendment 3 amends section 319Q (1) of the Bill to require the public
trustee to provide a receipt to the protected defendant within 14 days after
the public trustee receives the victim trust fund from the protected
defendant.
Amendment 4 inserts a new subsection (3) in section 319Q to provide that
the public trustee must give a copy of the receipt provided to the protected
defendant in section 319Q (1) to the chief executive at the same time.
Amendment 5 amends section 319T to require the chief executive to
provide written notice to the potential claimant, within one month after
receiving a copy of the receipt referred to in section 319Q, of the matters
set out in 319T(1)(a) to (e).
Amendment 5 also amends section 319T of the Bill to clarify that the
person to whom relevant money has been awarded is the relevant person for
the purposes of Part 12A and 12B and new Chapter 7A.
Amendment 6 amends section 319W of the Bill to allow a potential
claimant to commence proceedings on a victim claim against the relevant
person within 6 months after the chief executive gives the written notice
referred to in section 319T.
Amendment 7 amends section 319X of the Bill to clarify that the rights
conferred by this section on a person who has a victim claim will apply
where they have started a proceeding in a court on the claim against the
relevant person within 6 months after the chief executive sends the notice
referred to in section 319T.
Amendment 7 further amends section 319X of the Bill to allow the person
who has a victim claim to give the public trustee written notice of the
proceedings within 6 months after the chief executive gives the written
notice referred to in section 319T.
Amendment 8 also amends section 319X of the Bill to require the public
trustee to give a copy of the written notice or the further details received
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Corrective Services and Other Legislation Amendment Bill 2008
under section 319X(2) to the chief executive within 14 days after receiving
the notice or the details.
Amendment 9 amends section 319ZD of the Bill to require the public
trustee to pay collection entities within 3 months after giving notice to the
collection entities under section 319ZB (2).
Amendment 10 amends section 319ZH of the Bill to clarify that for the
purposes of this section legal costs means amounts that a person has been
or may be charged by, or is or may become liable to pay to, a law practice
for the provision of legal services including interest on the amounts and
disbursements and interest on disbursements.
Amendment 11 amends section 319ZL of the Bill to clarify that for the
purposes of this section legal costs means amounts that a person has been
or may be charged by, or is or may become liable to pay to, a law practice
for the provision of legal services including interest on the amounts, but not
including disbursements or interest on the disbursements.
Amendment 12 amends Schedule 4 to omit the definition of legal costs due
to the changes to sections 319ZH and 319ZL.
© State of Queensland 2008
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