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GUARDIANSHIP AND ADMINISTRATION AND OTHER ACTS AMENDMENT BILL 2008

          Queensland



Guardianship and
Administration and Other
Acts Amendment Bill 2008

 


 

 

Queensland Guardianship and Administration and Other Acts Amendment Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Guardianship and Administration Act 2000 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 20 (Management plan) . . . . . . . . . . . . . . . . . . . 6 5 Amendment of s 80A (Definitions for ch 5A) . . . . . . . . . . . . . . . . 7 6 Amendment of s 80E (Relationship with ch 7) . . . . . . . . . . . . . . . 7 7 Omission of s 80G and ch 5A, pt 3, div 4 . . . . . . . . . . . . . . . . . . . 7 8 Amendment of s 98 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . 7 9 Insertion of new ss 99A and 99B . . . . . . . . . . . . . . . . . . . . . . . . . 7 99A Definitions for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 99B Types of limitation order . . . . . . . . . . . . . . . . . . . . . . . 8 10 Replacement of ss 108 and 109. . . . . . . . . . . . . . . . . . . . . . . . . . 9 108 Procedural fairness and access . . . . . . . . . . . . . . . . . 9 109 Open. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 109A Basis of consideration for limitation order. . . . . . . . . . 10 109B Adult evidence order. . . . . . . . . . . . . . . . . . . . . . . . . . 10 109C Closure order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 109D Non-publication order . . . . . . . . . . . . . . . . . . . . . . . . . 11 109E Confidentiality order . . . . . . . . . . . . . . . . . . . . . . . . . . 12 109F Non-publication or confidentiality order made before hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 109G Standing for limitation order . . . . . . . . . . . . . . . . . . . . 13 109H Making and notifying decision for limitation order. . . . 14

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Contents 109I Written reasons for limitation order and copy of reasons ............................... 14 11 Replacement of s 112 (Publication about proceeding or disclosure of identity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 112 Publication about proceeding that discloses adult's identity ................................. 15 12 Amendment of s 138 (Advice, directions and recommendations) 17 13 Insertion of new s 138AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 138AA Directions to former attorney . . . . . . . . . . . . . . . . . . . 17 14 Insertion of new s 143A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 143A Exclusion of disruptive person from tribunal. . . . . . . . 18 15 Replacement of ss 156-158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 156 Making and notifying decision . . . . . . . . . . . . . . . . . . 19 157 Order postponing giving copy of decision. . . . . . . . . . 20 158 Written reasons for decision . . . . . . . . . . . . . . . . . . . . 20 158A Copy of reasons to be given. . . . . . . . . . . . . . . . . . . . 21 16 Amendment of s 164 (Appellant) . . . . . . . . . . . . . . . . . . . . . . . . . 21 17 Amendment of s 164A (Notice of appeal) . . . . . . . . . . . . . . . . . . 22 18 Replacement of s 193 (Report after investigation or audit) . . . . . 22 193 Report after investigation or audit . . . . . . . . . . . . . . . 23 193A Prohibited use of report after investigation or audit . . 23 19 Amendment of s 246 (Definitions for pt 4) . . . . . . . . . . . . . . . . . . 24 20 Replacement of ss 249 and 250. . . . . . . . . . . . . . . . . . . . . . . . . . 25 249 Protected use of confidential information . . . . . . . . . . 26 249A Prohibited use of confidential information . . . . . . . . . 27 250 Disclosure of information about investigations . . . . . . 27 21 Insertion of new ch 12, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Part 9 Transitional provision for Guardianship and Administration and Other Acts Amendment Act 2008 267 Directions to former attorney . . . . . . . . . . . . . . . . . . . 28 22 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 28 Part 3 Amendment of Powers of Attorney Act 1998 23 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 24 Replacement of s 74 (Preservation of confidentiality) . . . . . . . . . 30 74 Protected use of confidential information . . . . . . . . . . 30 74A Prohibited use of confidential information . . . . . . . . . 31 Page 2

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Contents Part 4 Amendment of Jury Act 1995 25 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 26 Replacement of s 53 (Jury not to separate) . . . . . . . . . . . . . . . . . 32 53 Separation of jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 27 Insertion of new s 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 78 Transitional provision for Guardianship and Administration and Other Acts Amendment Act 2008 33 Part 5 Amendment of Status of Children Act 1978 28 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 29 Amendment of s 14 (Application) . . . . . . . . . . . . . . . . . . . . . . . . . 34 30 Insertion of new pt 3, div 2, sdiv 1 hdg . . . . . . . . . . . . . . . . . . . . . 35 31 Insertion of new pt 3, div 2, sdiv 2 hdg and new s 14B . . . . . . . . 35 Subdivision 2 Fertilisation procedures--married women with husband's consent 14B Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 35 32 Amendment of s 15 (Artificial insemination--Presumption as to status) ......................................... 35 33 Amendment of s 16 (Implantation procedure--Presumption as to status where donor semen used) . . . . . . . . . . . . . . . . . . . . . . . 36 34 Amendment of s 17 (Implantation procedure--Presumption as to status where donor ovum used) . . . . . . . . . . . . . . . . . . . . . . . . 36 35 Insertion of new pt 3, div 2, sdiv 3 hdg and new s 17A . . . . . . . . 36 Subdivision 3 Fertilisation procedures--other married women and unmarried women 17A Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 36 36 Amendment of s 18 (Donor of semen used in artificial insemination of certain women) . . . . . . . . . . . . . . . . . . . . . . . . . . 36 37 Insertion of new ss 18AA and 18AB. . . . . . . . . . . . . . . . . . . . . . . 37 18AA Implantation procedure--Presumption as to status where donor semen used. . . . . . . . . . . . . . . . . . . . . . 37 18AB Implantation procedure--Presumption as to status where donor ovum used . . . . . . . . . . . . . . . . . . . . . . . 38 Page 3

 


 

 

2008 A Bill for An Act to amend the Guardianship and Administration Act 2000, the Powers of Attorney Act 1998, the Jury Act 1995 and the Status of Children Act 1978 for particular purposes

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Guardianship and 4 Administration and Other Acts Amendment Act 2008. 5 Clause 2 Commencement 6 This Act, other then parts 4 and 5, commences on a day to be 7 fixed by proclamation. 8 Part 2 Amendment of Guardianship 9 and Administration Act 2000 10 Clause 3 Act amended in pt 2 11 This part amends the Guardianship and Administration Act 12 2000. 13 Clause 4 Amendment of s 20 (Management plan) 14 (1) Section 20, heading-- 15 omit, insert-- 16 `20 Financial management plan'. 17 (2) Section 20(1), (2) and (3), before `management'-- 18 insert-- 19 `financial'. 20 Page 6

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 5] Clause 5 Amendment of s 80A (Definitions for ch 5A) 1 Section 80A, definition confidentiality order-- 2 omit. 3 Clause 6 Amendment of s 80E (Relationship with ch 7) 4 (1) Section 80E(1), `109'-- 5 omit, insert-- 6 `109B'. 7 (2) Section 80E(1), `(other than section 158)'-- 8 omit. 9 Clause 7 Omission of s 80G and ch 5A, pt 3, div 4 10 Section 80G and chapter 5A, part 3, division 4-- 11 omit. 12 Clause 8 Amendment of s 98 (Annual report) 13 Section 98(1)(a)-- 14 omit, insert-- 15 `(a) prepare a report on the tribunal's operations during the 16 year, including-- 17 (i) the number and type of limitation orders made by 18 the tribunal; and 19 (ii) the number of applications, approvals and orders 20 made under chapter 5B; and'. 21 Clause 9 Insertion of new ss 99A and 99B 22 Chapter 7, part 1, before section 99-- 23 insert-- 24 Page 7

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 9] `99A Definitions for pt 1 1 `In this part-- 2 document includes a photograph, drawing, model or other 3 object. 4 health information for a person means-- 5 (a) information about the person's physical or mental 6 condition; or 7 (b) information about the person's health care, including the 8 person's expressed wishes about the person's health 9 care; or 10 (c) information about the person collected to provide, or in 11 providing, health care to the person; or 12 (d) information about the person collected in relation to the 13 donation, or intended donation, of the person's body 14 parts, organs or bodily substances; or 15 (e) genetic information about the person in a form that is, or 16 could be, predictive about the health of the person or of 17 a sibling, relative or descendant of the person. 18 significant health detriment to a person means significant 19 identifiable detriment to any of the following-- 20 (a) the person's physical or mental health or wellbeing; 21 (b) the person's health care; 22 (c) the person's relationship with a health provider, 23 including the person's willingness to fully disclose 24 relevant information to the health provider. 25 `99B Types of limitation order 26 `A limitation order means an order of the following type-- 27 (a) an adult evidence order; 28 (b) a closure order; 29 Page 8

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 10] (c) a non-publication order; 1 (d) a confidentiality order.'. 2 Clause 10 Replacement of ss 108 and 109 3 Sections 108 and 109-- 4 omit, insert-- 5 `108 Procedural fairness and access 6 `(1) The tribunal must observe the rules of procedural fairness. 7 `(2) Each active party in a proceeding must be given a reasonable 8 opportunity to present the active party's case and, in 9 particular-- 10 (a) to access, before the start of a hearing, a document 11 before the tribunal that the tribunal considers is relevant 12 to an issue in the proceeding; and 13 (b) to access, during a hearing, a document or other 14 information before the tribunal that the tribunal 15 considers is credible, relevant and significant to an issue 16 in the proceeding; and 17 (c) to make submissions about a document or other 18 information accessed under this subsection. 19 `(3) Each active party in a proceeding, or person the tribunal 20 considers has a sufficient interest in the proceeding, must be 21 given a reasonable opportunity to access, within a reasonable 22 time after a hearing, a document before the tribunal that the 23 tribunal considered credible, relevant and significant to an 24 issue in the proceeding. 25 `(4) For subsections (2) and (3), something is relevant only if it is 26 directly relevant. 27 `(5) On request, the tribunal must give access to a document or 28 other information in accordance with this section. 29 `(6) The tribunal may displace the right to access a document or 30 other information only by a confidentiality order. 31 Page 9

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 10] `(7) To remove any doubt, it is declared that the right to access a 1 document or other information is not affected by an adult 2 evidence order, a closure order or a non-publication order. 3 `109 Open 4 `(1) A hearing by the tribunal of a proceeding must be in public. 5 `(2) However, the tribunal may make an adult evidence order or a 6 closure order. 7 `109A Basis of consideration for limitation order 8 `(1) In considering whether to make a limitation order, the tribunal 9 must take as the basis of its consideration-- 10 (a) that each active party in the proceeding is entitled to 11 access a document or other information before the 12 tribunal that is credible, relevant and significant to an 13 issue in the proceeding; and 14 (b) that it is desirable that tribunal hearings be held in public 15 and be able to be publicly reported. 16 `(2) For subsection (1), something is relevant only if it is directly 17 relevant. 18 `109B Adult evidence order 19 `(1) If the tribunal is satisfied it is necessary to avoid serious harm 20 or injustice to a person or to obtain relevant information the 21 tribunal would not otherwise receive, the tribunal may, by 22 order (an adult evidence order), obtain relevant information 23 from the adult concerned in the matter at a hearing in the 24 absence of anyone else, including, for example-- 25 (a) members of the public; or 26 (b) a particular person, including an active party. 27 `(2) To the extent relevant information is health information for a 28 person, serious harm to the person includes significant health 29 detriment to the person. 30 Page 10

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 10] `(3) For subsection (1), something is relevant only if it is directly 1 relevant. 2 `(4) The tribunal may make an adult evidence order on its own 3 initiative or on the application of an active party. 4 `(5) A person must not contravene an adult evidence order, unless 5 the person has a reasonable excuse. 6 Maximum penalty for subsection (5)--200 penalty units. 7 `109C Closure order 8 `(1) If the tribunal is satisfied it is necessary to avoid serious harm 9 or injustice to a person, the tribunal may, but only to the extent 10 necessary, by order (a closure order), do either or both of the 11 following-- 12 (a) close a hearing or part of a hearing to all or some 13 members of the public; 14 (b) exclude a particular person, including an active party, 15 from a hearing or part of a hearing. 16 `(2) To the extent the hearing or the part of the hearing concerns 17 health information for a person, serious harm to the person 18 includes significant health detriment to the person. 19 `(3) The tribunal may make a closure order on its own initiative or 20 on the application of an active party. 21 `(4) A person must not contravene a closure order, unless the 22 person has a reasonable excuse. 23 Maximum penalty for subsection (4)--200 penalty units. 24 `109D Non-publication order 25 `(1) If the tribunal is satisfied it is necessary to avoid serious harm 26 or injustice to a person, the tribunal may, but only to the extent 27 necessary, by order (a non-publication order), prohibit 28 publication of information about a tribunal proceeding the 29 publication of which is not prohibited under section 112. 30 Page 11

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 10] `(2) To the extent information about a tribunal proceeding is health 1 information for a person, serious harm to the person includes 2 significant health detriment to the person. 3 `(3) The tribunal may make a non-publication order on its own 4 initiative or on the application of an active party. 5 `(4) If information about a tribunal proceeding discloses 6 information prepared or provided by an entity, the tribunal 7 may make a non-publication order on the application of the 8 entity. 9 `(5) If information about a tribunal proceeding discloses health 10 information for the person-- 11 (a) without limiting subsection (3) or (4), the tribunal may 12 make a non-publication order on the application of-- 13 (i) the person; or 14 (ii) an interested person for the person; and 15 (b) an application may be made by an interested person for 16 the person even after the person's death. 17 `(6) If a non-publication order is made prohibiting publication of 18 information about a tribunal proceeding and the information 19 about the tribunal proceeding discloses health information for 20 the person, the person's death does not affect the 21 non-publication order. 22 `(7) A person must not contravene a non-publication order, unless 23 the person has a reasonable excuse. 24 Maximum penalty for subsection (7)--200 penalty units. 25 `109E Confidentiality order 26 `(1) If the tribunal is satisfied it is necessary to avoid serious harm 27 or injustice to a person, the tribunal may, but only to the extent 28 necessary, by order (a confidentiality order)-- 29 (a) withhold from an active party or other person a 30 document, or part of a document, before the tribunal; or 31 Page 12

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 10] (b) withhold from an active party or other person other 1 information before the tribunal. 2 `(2) To the extent a document or part of a document contains 3 health information for a person, or to the extent other 4 information is health information for a person, serious harm to 5 the person includes significant health detriment to the person. 6 `(3) The tribunal may make a confidentiality order on its own 7 initiative or on the application of an active party. 8 `(4) Also, the tribunal may make a confidentiality order in relation 9 to a document or other information on the application of the 10 entity who prepared or provided the document or other 11 information. 12 `(5) A person must not contravene a confidentiality order, unless 13 the person has a reasonable excuse. 14 Maximum penalty for subsection (5)--200 penalty units. 15 `109F Non-publication or confidentiality order made before 16 hearing 17 `(1) In a proceeding, a non-publication order or confidentiality 18 order may be made before a hearing of the proceeding starts. 19 `(2) However, a non-publication order or confidentiality order 20 made before a hearing is vacated at the start of the hearing. 21 `(3) Sections 109G to 109I do not apply in relation to a 22 non-publication order or confidentiality order made before the 23 hearing of the proceeding starts. 24 `109G Standing for limitation order 25 `(1) Each active party, and any entity that would be adversely 26 affected by a proposed limitation order, has standing to be 27 heard in relation to the making of the order. 28 Example-- 29 A journalist who would be excluded from a hearing by a proposed 30 closure order would be an entity that would be adversely affected by the 31 proposed order. 32 Page 13

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 10] `(2) Each active party, and any entity adversely affected by a 1 limitation order, may appeal to the court against the tribunal 2 decision to make the order. 3 `109H Making and notifying decision for limitation order 4 `(1) The tribunal must give its decision on the making of a 5 limitation order as soon as practicable after hearing any 6 submissions on the making of the order. 7 `(2) As soon as practicable after making its decision, the tribunal 8 must notify, and give a copy of its decision to-- 9 (a) the adult concerned in the matter; and 10 (b) another active party in the proceeding; and 11 (c) each entity heard in relation to the order; and 12 (d) the public advocate. 13 `(3) The tribunal must also give a copy of its decision to anyone 14 else who requests a copy. 15 `(4) For subsection (3), it is sufficient for the tribunal to give a 16 copy of the decision in a form that does not contravene section 17 112. 18 `(5) Also, within 28 days after making its decision, the tribunal 19 must give the public advocate all information before the 20 tribunal in its consideration of making the limitation order, 21 including, for a confidentiality order, the document or other 22 information being considered as the subject of the 23 confidentiality order. 24 `109I Written reasons for limitation order and copy of 25 reasons 26 `(1) This section applies if the tribunal decides to make a 27 limitation order. 28 `(2) The tribunal must give written reasons for its decision to make 29 the limitation order (other than an adult evidence order) and 30 Page 14

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 11] may give reasons for its decision to make an adult evidence 1 order. 2 `(3) If the tribunal gives written reasons for its decision, it must 3 give a copy of the reasons within 28 days after making the 4 decision to-- 5 (a) the adult concerned in the matter; and 6 (b) each other active party in the proceeding; and 7 (c) each entity heard in relation to the order; and 8 (d) the public advocate. 9 `(4) The tribunal must also give a copy of its written reasons to 10 anyone else who requests a copy. 11 `(5) For subsection (4), it is sufficient for the tribunal to give a 12 copy of the written reasons in a form that does not contravene 13 section 112.'. 14 Clause 11 Replacement of s 112 (Publication about proceeding or 15 disclosure of identity) 16 Section 112-- 17 omit, insert-- 18 `112 Publication about proceeding that discloses adult's 19 identity 20 `(1) Generally, information about a guardianship proceeding may 21 be published. 22 `(2) However, a person must not, without reasonable excuse, 23 publish information about a guardianship proceeding to the 24 public, or a section of the public, if the publication is likely to 25 lead to the identification of the relevant adult by a member of 26 the public, or by a member of the section of the public to 27 whom the information is published. 28 Maximum penalty--200 penalty units. 29 Notes-- 30 The publication of information about a tribunal proceeding may 31 also be prohibited by a non-publication order--see section 109D. 32 Page 15

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 11] Also see the Child Protection Act 1999, section 189 (Prohibition of 1 publication of information leading to identity of children). 2 `(3) Subsection (2) does not apply-- 3 (a) to publication of information by the adult guardian, or 4 the public advocate, if the adult guardian, or the public 5 advocate, considers it is necessary in the public interest 6 to publish the information in response to a prohibited 7 publication by another entity; or 8 (b) to publication of information after the relevant adult has 9 died; or 10 (c) to publication of information authorised by an order 11 made under this section. 12 Note-- 13 A non-publication order may prohibit publication of information about a 14 tribunal proceeding disclosing health information about a person even 15 after the person's death. 16 `(4) The court may make an order authorising publication of 17 information about a guardianship proceeding that is otherwise 18 prohibited under subsection (2). 19 `(5) The tribunal may make an order authorising publication of 20 information about a tribunal proceeding that is otherwise 21 prohibited under subsection (2). 22 `(6) The court or tribunal may make an order under subsection (4) 23 or (5) authorising publication only if the court or tribunal is 24 satisfied the publication is in the public interest or the relevant 25 adult's interest. 26 `(7) In this section-- 27 prohibited publication means publication of information 28 about a guardianship proceeding to the public, or a section of 29 the public, that is likely to lead to the identification of the 30 relevant adult by a member of the public, or by a member of 31 the section of the public to whom the information is 32 published. 33 Page 16

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 12] relevant adult means the adult concerned in the matter 1 (whether or not the court or tribunal decides the adult is an 2 adult with impaired capacity).'. 3 Clause 12 Amendment of s 138 (Advice, directions and 4 recommendations) 5 (1) Section 138(1)-- 6 insert-- 7 `Note-- 8 For disobeying a direction of the tribunal, see section 143(d).'. 9 (2) Section 138(5)-- 10 omit. 11 (3) Section 138(6)-- 12 renumber as section 138(5). 13 Clause 13 Insertion of new s 138AA 14 After section 138-- 15 insert-- 16 `138AA Directions to former attorney 17 `(1) At any hearing of a proceeding relating to an adult, the 18 tribunal may give directions to a person who was formerly an 19 attorney for a matter for the adult. 20 Note-- 21 For disobeying a direction of the tribunal, see section 143(d). 22 `(2) However-- 23 (a) the directions may only be directions the tribunal 24 considers necessary because of the ending of the 25 person's appointment as attorney for the matter; and 26 (b) the directions may relate only to a matter for which the 27 person was appointed as attorney immediately before 28 the appointment ended. 29 Page 17

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 14] `(3) In this section-- 1 attorney means-- 2 (a) an attorney under a power of attorney; or 3 (b) an attorney under an advance health directive.'. 4 Clause 14 Insertion of new s 143A 5 After section 143-- 6 insert-- 7 `143A Exclusion of disruptive person from tribunal 8 `(1) The tribunal may make an order-- 9 (a) excluding a disruptive person from the place the tribunal 10 is sitting; and 11 (b) authorising the tribunal's staff to use necessary and 12 reasonable help and force to remove a disruptive person 13 from the place the tribunal is sitting. 14 `(2) If the tribunal makes an order under subsection (1), the order 15 is taken to be an authorising law for the purposes of the Police 16 Powers and Responsibilities Act 2000, section 16. 17 Note-- 18 The Police Powers and Responsibilities Act 2000, section 16 (Helping 19 public officials exercise powers under other Acts) provides for a police 20 officer, if a public official asks, to help the public official perform the 21 public official's functions under an authorising law. 22 `(3) If the tribunal makes an order under subsection (1)(b), it is 23 lawful for the tribunal's staff, and any person helping the 24 tribunal's staff, to remove the disruptive person from the place 25 the tribunal is sitting, using necessary and reasonable force for 26 the purpose. 27 `(4) In this section-- 28 disruptive person means a person who the tribunal considers 29 is contravening section 143 at the place the tribunal is sitting.'. 30 Page 18

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 15] Clause 15 Replacement of ss 156-158 1 Sections 156 to 158-- 2 omit, insert-- 3 `156 Making and notifying decision 4 `(1) This section does not apply in relation to the making of a 5 limitation order. 6 Note-- 7 In relation to the making of a limitation order, see section 109H. 8 `(2) The tribunal must make its decision on a matter involved in a 9 proceeding within a reasonable time after the matter is heard. 10 `(3) Subject to section 157, as soon as practicable after making its 11 decision, the tribunal must notify, and give a copy of its 12 decision to, each relevant person. 13 `(4) The tribunal must also give a copy of its decision to anyone 14 else who requests a copy. 15 `(5) For subsection (4), it is sufficient for the tribunal to give a 16 copy of the decision in a form that does not contravene section 17 112. 18 `(6) When the tribunal gives a person a copy of a decision, the 19 tribunal must also give the person a notice that, if the person is 20 aggrieved by the decision, the person may obtain written 21 reasons for the decision by making a written request to the 22 tribunal within 28 days after the person is given the notice. 23 `(7) Subsection (6) does not apply if the tribunal gives the person a 24 copy of its written reasons when the tribunal gives the person 25 a copy of its decision. 26 `(8) In this section-- 27 relevant person means-- 28 (a) the adult concerned in the matter; or 29 (b) another active party in the proceeding; or 30 (c) another person given notice of the hearing of the 31 application. 32 Page 19

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 15] `157 Order postponing giving copy of decision 1 `(1) The tribunal may, by order (a postponement order), postpone 2 notifying, and giving a copy of its decision to, a particular 3 person under section 156. 4 `(2) The tribunal may make a postponement order only if the 5 tribunal is satisfied, on reasonable grounds, that making the 6 order is necessary to avoid-- 7 (a) serious harm to a person; or 8 (b) the effect of the decision being defeated. 9 `(3) A postponement order has effect for the period specified in the 10 order. 11 `(4) The maximum period that may be specified in a postponement 12 order is 14 days. 13 `(5) A postponement order may be renewed, but only if the 14 tribunal is satisfied there are exceptional circumstances 15 justifying the renewal. 16 `158 Written reasons for decision 17 `(1) This section does not apply in relation to a decision to make a 18 limitation order. 19 Note-- 20 In relation to a decision to make a limitation order, see section 109I. 21 `(2) If directed by the president to give written reasons for a 22 decision, the tribunal must give written reasons for the 23 decision within 28 days after the later of the following days-- 24 (a) the day the decision is made; 25 (b) the day the direction is given. 26 Editor's note-- 27 Acts Interpretation Act 1954, section 27B-- 28 27B Content of statement of reasons for decision 29 If an Act requires a tribunal, authority, body or person making 30 a decision to give written reasons for the decision (whether the 31 Page 20

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 16] expression `reasons', `grounds' or another expression is used), 1 the instrument giving the reasons must also-- 2 (a) set out the findings on material questions of fact; and 3 (b) refer to the evidence or other material on which those 4 findings were based. 5 `(3) Also, the tribunal must give written reasons for a decision if a 6 person aggrieved by the decision gives the tribunal a written 7 request for the reasons within 28 days after the person is given 8 notice under section 156(6). 9 `(4) If requested under subsection (3), the tribunal must give 10 written reasons for the decision within 28 days after receiving 11 the request. 12 `158A Copy of reasons to be given 13 `(1) This section does not apply in relation to a decision to make a 14 limitation order. 15 Note-- 16 In relation to a decision to make a limitation order, see section 109I. 17 `(2) This section applies if the tribunal gives written reasons for its 18 decision on an application about a matter. 19 `(3) The tribunal must give a copy of the written reasons to-- 20 (a) the adult concerned in the matter; and 21 (b) each other active party in the proceeding. 22 `(4) The tribunal must also give a copy of its written reasons to 23 anyone else who requests a copy. 24 `(5) For subsection (4), it is sufficient for the tribunal to give a 25 copy of the written reasons in a form that does not contravene 26 section 112.'. 27 Clause 16 Amendment of s 164 (Appellant) 28 Section 164(3), definition eligible person-- 29 omit, insert-- 30 Page 21

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 17] `eligible person-- 1 (a) means-- 2 (i) the person whose capacity for a matter was under 3 consideration in the proceeding; or 4 (ii) the applicant in the proceeding; or 5 (iii) a person proposed for appointment by the 6 proceeding; or 7 (iv) a person whose power as guardian, administrator 8 or attorney was changed or removed by the tribunal 9 decision; or 10 (v) the adult guardian; or 11 (vi) the public trustee; or 12 (vii) the Attorney-General; or 13 (viii) a person given leave to appeal by the court; and 14 (b) for an appeal to the court against a tribunal decision to 15 make a limitation order, also means a party or entity 16 entitled to appeal under section 109G(2).'. 17 Clause 17 Amendment of s 164A (Notice of appeal) 18 Section 164A-- 19 insert-- 20 `(2) However, if the tribunal makes 1 or more orders under section 21 157 postponing notifying, and giving a copy of, its decision 22 for a specified period, the notice of appeal may be filed within 23 28 days after the later of the following days-- 24 (a) the last day of the specified period or periods; 25 (b) the date of the written reasons for the tribunal's 26 decision.'. 27 Clause 18 Replacement of s 193 (Report after investigation or audit) 28 Section 193-- 29 Page 22

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 18] omit, insert-- 1 `193 Report after investigation or audit 2 `(1) After the adult guardian has carried out an investigation or 3 audit in relation to an adult, the adult guardian must make a 4 written report and give a copy of the report to any person at 5 whose request the investigation or audit was carried out and to 6 every attorney, guardian or administrator, for the adult. 7 `(2) It is a lawful excuse for the publication of a defamatory 8 statement made in the report that the publication is made in 9 good faith and is, or purports to be, made for this Act. 10 `(3) The adult guardian must allow an interested person to inspect 11 a copy of the report at all reasonable times and, at the person's 12 own expense, to be given a copy of the report. 13 `(4) If a report made by the adult guardian contains information 14 about a person and the adult guardian considers it appropriate 15 to protect the person's identity, the adult guardian may 16 remove, from the copy of the report to be given or inspected, 17 information likely to result in the person's identification. 18 `(5) In this section-- 19 attorney means-- 20 (a) an attorney under a power of attorney; or 21 (b) an attorney under an advance health directive. 22 `193A Prohibited use of report after investigation or audit 23 `(1) This section applies if-- 24 (a) a report contains information about a person but does 25 not identify the person (the de-identified person); and 26 (b) another person accesses the report. 27 `(2) The other person must not, unless the other person has a 28 reasonable excuse, publish information contained in the report 29 to the public, or a section of the public, if the publication is 30 likely to result in the identification of the de-identified person 31 Page 23

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 19] by a member of the public, or by a member of the section of 1 the public to whom the information is published. 2 Maximum penalty--200 penalty units. 3 `(3) However, subsection (2) does not apply if the other person is a 4 person who has access to the report because of being, or an 5 opportunity given by being-- 6 (a) a relevant person; or 7 (b) an attorney. 8 Note-- 9 For the confidentiality requirements for a relevant person, see section 10 249A and for the confidentiality requirements for an attorney, see the 11 Powers of Attorney Act 1998, section 74A. 12 `(4) In this section-- 13 attorney means-- 14 (a) an attorney under a power of attorney; or 15 (b) an attorney under an advance health directive; or 16 (c) a statutory health attorney. 17 relevant person see section 246.'. 18 Clause 19 Amendment of s 246 (Definitions for pt 4) 19 Section 246-- 20 insert-- 21 `commission means the Law Reform Commission established 22 under the Law Reform Commission Act 1968. 23 confidential information includes information about a 24 person's affairs but does not include-- 25 (a) information within the public domain unless further 26 disclosure of the information is prohibited by law; or 27 (b) statistical or other information that could not reasonably 28 be expected to result in the identification of the person 29 to whom the information relates; or 30 Page 24

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 20] (c) information about a guardianship proceeding. 1 consultant means a person engaged under the Law Reform 2 Commission Act 1968, section 9. 3 relevant person means-- 4 (a) a relevant tribunal person; or 5 (b) the adult guardian or a member of the adult guardian's 6 staff; or 7 (c) a professional consulted or employed by the adult 8 guardian for an investigation; or 9 (d) the public advocate or a member of the public 10 advocate's staff; or 11 (e) a guardian or administrator; or 12 (f) a community visitor or a public service officer involved 13 in the administration of a program called the community 14 visitor program; or 15 (g) a member of the commission or its staff, or a consultant, 16 involved in the substituted decision-making review. 17 relevant tribunal person means-- 18 (a) the president, a deputy president or another tribunal 19 member; or 20 (b) the registrar, a member of the tribunal staff or a tribunal 21 expert. 22 substituted decision-making review means the review of 23 particular matters under this Act and the Powers of Attorney 24 Act 1998 referred to the commission by the Minister on 14 25 October 2005. 26 use, confidential information, includes disclose or publish.'. 27 Clause 20 Replacement of ss 249 and 250 28 Sections 249 and 250-- 29 omit, insert-- 30 Page 25

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 20] `249 Protected use of confidential information 1 `(1) Despite section 249A, a relevant person may disclose 2 confidential information that relates only to a particular 3 person to the particular person. 4 `(2) If a relevant person gains confidential information because of 5 being a relevant person, or because of an opportunity given by 6 being a relevant person, the person may use the information 7 for the purposes of this Act or as provided under subsection 8 (3). 9 `(3) Confidential information may be used-- 10 (a) if authorised or required under a regulation or another 11 law; or 12 (b) for a proceeding arising out of or in connection with this 13 Act; or 14 (c) if authorised by the person to whom the information 15 relates; or 16 (d) if authorised by the court or the tribunal in the interests 17 of justice; or 18 (e) if necessary to prevent a serious risk to a person's life, 19 health or safety; or 20 (f) for the purpose of obtaining legal or financial advice; or 21 (g) if reasonably necessary to obtain counselling, advice or 22 other treatment; or 23 (h) in reporting a suspected offence to a police officer or 24 assisting a police officer in the investigation of a 25 suspected offence; or 26 (i) in assisting the adult guardian, the public advocate or a 27 public service officer in the performance of functions 28 under this Act or the Powers of Attorney Act 1998; or 29 (j) for the substituted decision-making review. 30 Page 26

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 20] `249A Prohibited use of confidential information 1 `A relevant person must not use confidential information 2 gained because of being a relevant person, or because of an 3 opportunity given by being a relevant person, other than as 4 provided under section 249, unless the person has a 5 reasonable excuse. 6 Maximum penalty--200 penalty units. 7 `250 Disclosure of information about investigations 8 `(1) Section 249A does not prevent the adult guardian from 9 disclosing information to the public or a section of the public 10 about an issue the subject of an investigation by the adult 11 guardian if the adult guardian is satisfied the disclosure is 12 necessary and reasonable in the public interest. 13 `(2) In deciding whether the disclosure is necessary and 14 reasonable in the public interest, the adult guardian must have 15 regard to the following-- 16 (a) any likely prejudice to the investigation; 17 (b) any need to protect the identity of a complainant or 18 another entity; 19 (c) any circumstances of urgency. 20 `(3) Also, if the disclosure would include information adverse to 21 an entity and procedural fairness would ordinarily require the 22 adult guardian to give the entity notice of the information and 23 an opportunity to comment on it, the adult guardian-- 24 (a) must have regard to this fact in deciding whether the 25 disclosure is necessary and reasonable in the public 26 interest; but 27 (b) may decide the disclosure is necessary and reasonable in 28 the public interest despite the entity not being given 29 notice of the information and an opportunity to 30 comment on it.'. 31 Page 27

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 21] Clause 21 Insertion of new ch 12, pt 9 1 Chapter 12-- 2 insert-- 3 `Part 9 Transitional provision for 4 Guardianship and 5 Administration and Other Acts 6 Amendment Act 2008 7 `267 Directions to former attorney 8 `Section 138AA also applies in relation to a person whose 9 appointment as attorney for a matter ended before the 10 commencement of this section.'. 11 Clause 22 Amendment of sch 4 (Dictionary) 12 (1) Schedule 4, definitions confidentiality order and forensic 13 examination-- 14 omit. 15 (2) Schedule 4-- 16 insert-- 17 `adult, for chapter 7 provisions applied under section 80E, 18 means a child with an impairment. 19 adult evidence order see section 109B. 20 closure order see section 109C. 21 confidentiality order see section 109E. 22 document, for chapter 7, part 1, see section 99A. 23 forensic examination of an adult means a medical or dental 24 procedure for the adult that is carried out for forensic 25 purposes, other than because the adult is suspected of having 26 committed a criminal offence. 27 Page 28

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 2 Amendment of Guardianship and Administration Act 2000 [s 22] Note-- 1 For procedures in relation to an adult suspected of having committed an 2 indictable offence, see the Police Powers and Responsibilities Act 2000, 3 chapter 17 (Forensic procedures), part 3 (Forensic procedure orders). 4 guardianship proceeding-- 5 (a) means-- 6 (i) a tribunal proceeding; or 7 (ii) an appeal to the court under chapter 7, part 8; or 8 (iii) a referral to the court under section 105A; or 9 (iv) a proceeding in which the court is exercising 10 concurrent jurisdiction with the tribunal; or 11 (v) a proceeding in a court, taken under section 172, 12 for the enforcement of a tribunal order; but 13 (b) does not include a proceeding in which the court is 14 exercising the powers of the tribunal under section 245. 15 health information, for chapter 7, part 1, see section 99A. 16 limitation order see section 99B. 17 non-publication order see section 109D. 18 power of attorney means-- 19 (a) a general power of attorney made under the Powers of 20 Attorney Act 1998; or 21 (b) an enduring power of attorney; or 22 (c) a power of attorney made otherwise than under the 23 Powers of Attorney Act 1998, whether before or after its 24 commencement. 25 significant health detriment, for chapter 7, part 1, see section 26 99A.'. 27 (3) Schedule 4, definition management plan, before 28 `management'-- 29 insert-- 30 `financial'. 31 Page 29

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 3 Amendment of Powers of Attorney Act 1998 [s 23] Part 3 Amendment of Powers of 1 Attorney Act 1998 2 Clause 23 Act amended in pt 3 3 This part amends the Powers of Attorney Act 1998. 4 Clause 24 Replacement of s 74 (Preservation of confidentiality) 5 Section 74-- 6 omit, insert-- 7 `74 Protected use of confidential information 8 `(1) Despite section 74A, an attorney, including a statutory health 9 attorney, may disclose confidential information that relates 10 only to a particular person to the particular person. 11 `(2) If an attorney, including a statutory health attorney, gains 12 confidential information because of being an attorney, or 13 because of an opportunity given by being an attorney, the 14 person may use the information for the purposes of this Act or 15 as provided under subsection (3). 16 `(3) Confidential information may be used-- 17 (a) if authorised or required under a regulation or another 18 law; or 19 (b) for a proceeding arising out of or in connection with this 20 Act; or 21 (c) if authorised by the person to whom the information 22 relates; or 23 (d) if authorised by the court or the tribunal in the interests 24 of justice; or 25 (e) if necessary to prevent a serious risk to a person's life, 26 health or safety; or 27 (f) for the purpose of obtaining legal or financial advice; or 28 (g) if reasonably necessary to obtain counselling, advice or 29 Page 30

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 3 Amendment of Powers of Attorney Act 1998 [s 24] other treatment; or 1 (h) in reporting a suspected offence to a police officer or 2 assisting a police officer in the investigation of a 3 suspected offence; or 4 (i) in assisting the adult guardian, the public advocate or a 5 public service officer in the performance of functions 6 under this Act or the Guardianship and Administration 7 Act 2000; or 8 (j) for the substituted decision-making review. 9 `(4) In this section-- 10 commission means the Law Reform Commission established 11 under the Law Reform Commission Act 1968. 12 confidential information includes information about a 13 person's affairs but does not include-- 14 (a) information within the public domain unless further 15 disclosure of the information is prohibited by law; or 16 (b) statistical or other information that could not reasonably 17 be expected to result in the identification of the person 18 to whom the information relates; or 19 (c) information about a guardianship proceeding. 20 guardianship proceeding see Guardianship and 21 Administration Act 2000, schedule 4. 22 substituted decision-making review means the review of 23 particular matters under this Act and the Guardianship and 24 Administration Act 2000 referred to the commission by the 25 Minister on 14 October 2005. 26 use, confidential information, includes disclose or publish. 27 `74A Prohibited use of confidential information 28 `(1) An attorney, including a statutory health attorney, must not 29 use confidential information gained because of being an 30 attorney, or because of an opportunity given by being an 31 Page 31

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 4 Amendment of Jury Act 1995 [s 25] attorney, other than as provided under section 74, unless the 1 person has a reasonable excuse. 2 Maximum penalty--200 penalty units. 3 `(2) In this section-- 4 confidential information see section 74. 5 use, confidential information, see section 74.'. 6 Part 4 Amendment of Jury Act 1995 7 Clause 25 Act amended in pt 4 8 This part amends the Jury Act 1995. 9 Clause 26 Replacement of s 53 (Jury not to separate) 10 Section 53-- 11 omit, insert-- 12 `53 Separation of jury 13 `(1) After the jury in a criminal trial has been sworn, the jury must 14 not separate until it has given its verdict or has been 15 discharged by the judge. 16 `(2) However, a jury may separate in accordance with this section. 17 `(3) The judge must allow the jury to separate during a lunch or 18 dinner adjournment to obtain meals. 19 `(4) Before a jury retires to consider its verdict, the judge may, if 20 the judge considers that allowing the jury to separate would 21 not prejudice a fair trial, allow the jury to separate-- 22 (a) during an adjournment of the court, other than a lunch or 23 dinner adjournment; or 24 (b) while proceedings are held in the jury's absence. 25 `(5) After the jury has retired to consider its verdict, the judge-- 26 Page 32

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 4 Amendment of Jury Act 1995 [s 27] (a) may allow the jury to separate, or an individual juror to 1 separate from the jury, if the judge considers that 2 allowing the jury or juror to separate would not 3 prejudice a fair trial; and 4 (b) may impose conditions to be complied with by the 5 jurors or juror. 6 `(6) A juror must comply with any conditions imposed by the 7 judge under subsection (5)(b), unless the juror has a 8 reasonable excuse. 9 Maximum penalty--10 penalty units or 2 months 10 imprisonment. 11 `(7) If a juror separates from the rest of the jury in contravention of 12 a provision of this section, the juror may be punished 13 summarily for contempt of the court. 14 `(8) The validity of proceedings is not affected if a juror 15 contravenes a provision of this section but, if the 16 contravention is discovered before the verdict is given, the 17 judge may discharge the jury if the judge considers that the 18 contravention appears likely to prejudice a fair trial.'. 19 Clause 27 Insertion of new s 78 20 After section 77-- 21 insert-- 22 `78 Transitional provision for Guardianship and 23 Administration and Other Acts Amendment Act 2008 24 `Section 53(5) and (6) applies only if a jury retires to consider 25 its verdict on or after the commencement of this section.'. 26 Page 33

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 5 Amendment of Status of Children Act 1978 [s 28] Part 5 Amendment of Status of 1 Children Act 1978 2 Clause 28 Act amended in pt 5 3 This part amends the Status of Children Act 1978. 4 Clause 29 Amendment of s 14 (Application) 5 (1) Section 14(1), after `division 2'-- 6 insert-- 7 `, subdivision 2 and section 18'. 8 (2) Section 14(1)(a) and (b), `or 17'-- 9 omit, insert-- 10 `, 17 or 18'. 11 (3) Section 14(2), after `division 2'-- 12 insert-- 13 `, subdivision 2 or section 18'. 14 (4) Section 14-- 15 insert-- 16 `(2A) The provisions of division 2, subdivision 3 (other than section 17 18) apply-- 18 (a) in relation to a pregnancy mentioned in section 18AA or 19 18AB, whether the pregnancy happened before or after 20 the commencement of the Guardianship and 21 Administration and Other Acts Amendment Act 2008, 22 part 5 and whether or not it resulted from a procedure 23 carried out in Queensland; and 24 (b) in relation to any child born as a result of a pregnancy 25 mentioned in section 18AA or 18AB, whether or not the 26 child was born before or after the commencement of the 27 Guardianship and Administration and Other Acts 28 Amendment Act 2008, part 5. 29 Page 34

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 5 Amendment of Status of Children Act 1978 [s 30] `(2B) Nothing in any provision of division 2, subdivision 3 (other 1 than section 18) affects the vesting in possession or in interest 2 of any property that happened before the commencement of 3 the Guardianship and Administration and Other Acts 4 Amendment Act 2008, part 5.'. 5 Clause 30 Insertion of new pt 3, div 2, sdiv 1 hdg 6 Part 3, division 2, before section 14A-- 7 insert-- 8 `Subdivision 1 Interpretation'. 9 Clause 31 Insertion of new pt 3, div 2, sdiv 2 hdg and new s 14B 10 Part 3, division 2, after section 14A-- 11 insert-- 12 `Subdivision 2 Fertilisation procedures--married 13 women with husband's consent 14 `14B Application of sdiv 2 15 `This subdivision applies if a married woman, in accordance 16 with the consent of her husband, undergoes a fertilisation 17 procedure.'. 18 Clause 32 Amendment of s 15 (Artificial 19 insemination--Presumption as to status) 20 Section 15(2), `, in accordance with the consent of her 21 husband,'-- 22 omit. 23 Page 35

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 5 Amendment of Status of Children Act 1978 [s 33] Clause 33 Amendment of s 16 (Implantation 1 procedure--Presumption as to status where donor 2 semen used) 3 Section 16(2), `, in accordance with the consent of her 4 husband,'-- 5 omit. 6 Clause 34 Amendment of s 17 (Implantation 7 procedure--Presumption as to status where donor ovum 8 used) 9 Section 17(2), `, in accordance with the consent of her 10 husband,'-- 11 omit. 12 Clause 35 Insertion of new pt 3, div 2, sdiv 3 hdg and new s 17A 13 After section 17-- 14 insert-- 15 `Subdivision 3 Fertilisation procedures--other 16 married women and unmarried 17 women 18 `17A Application of sdiv 3 19 `This subdivision applies if-- 20 (a) a woman who is not married undergoes a fertilisation 21 procedure; or 22 (b) a married woman, otherwise than in accordance with the 23 consent of her husband, undergoes a fertilisation 24 procedure.'. 25 Clause 36 Amendment of s 18 (Donor of semen used in artificial 26 insemination of certain women) 27 (1) Section 18, heading-- 28 Page 36

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 5 Amendment of Status of Children Act 1978 [s 37] omit, insert-- 1 `18 Artificial insemination'. 2 (2) Section 18(1), from `who is' to `her husband'-- 3 omit. 4 (3) Section 18(2), after `who'-- 5 insert-- 6 `produced the semen and'. 7 Clause 37 Insertion of new ss 18AA and 18AB 8 Part 3, division 2, subdivision 3, after section 18-- 9 insert-- 10 `18AA Implantation procedure--Presumption as to status 11 where donor semen used 12 `(1) A reference in this section to a fertilisation procedure is a 13 reference to the procedure of implanting in the womb of a 14 woman an embryo derived from an ovum produced by her and 15 fertilised outside her body by semen produced by a man who 16 is not her husband. 17 `(2) If a woman has undergone a fertilisation procedure as a result 18 of which she has become pregnant, the man who produced the 19 semen has no rights or liabilities in relation to any child born 20 as a result of the pregnancy happening because of the use of 21 the semen unless, at any time, he becomes the husband of the 22 child's mother. 23 `(3) The rights and liabilities of a man who produced the semen 24 and becomes the husband of the mother of a child born as a 25 result of a pregnancy mentioned in subsection (2) are the 26 rights and liabilities of a father of a child but, in the absence of 27 agreement to the contrary, are restricted to rights and 28 liabilities that arise after the man becomes the husband of the 29 child's mother. 30 Page 37

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 Part 5 Amendment of Status of Children Act 1978 [s 37] `18AB Implantation procedure--Presumption as to status 1 where donor ovum used 2 `(1) A reference in this section to a fertilisation procedure is a 3 reference to the procedure of implanting in the womb of a 4 woman an embryo derived from an ovum produced by another 5 woman and fertilised by semen produced by a man who is not 6 the husband of the first mentioned woman. 7 `(2) If a woman has undergone a fertilisation procedure as a result 8 of which she has become pregnant-- 9 (a) the woman who has undergone the fertilisation 10 procedure is presumed, for all purposes, to have become 11 pregnant as a result of the fertilisation of an ovum 12 produced by her and to be the mother of any child born 13 as a result of the pregnancy; and 14 (b) the woman who produced the ovum from which the 15 embryo used in the procedure was derived is presumed, 16 for all purposes, not to be the mother of any child born 17 as a result of the pregnancy. 18 `(3) A presumption of law that arises by virtue of subsection (2) is 19 irrebuttable. 20 `(4) Also, the man who produced the semen has no rights or 21 liabilities in relation to any child born as a result of the 22 pregnancy happening because of the use of the semen unless, 23 at any time, he becomes the husband of the child's mother. 24 `(5) The rights and liabilities of a man who produced the semen 25 and becomes the husband of the mother of a child born as a 26 result of a pregnancy mentioned in subsection (2) are the 27 rights and liabilities of a father of a child but, in the absence of 28 agreement to the contrary, are restricted to rights and 29 liabilities that arise after the man becomes the husband of the 30 child's mother.'. 31 State of Queensland 2008 Page 38

 


 

AMENDMENTS TO BILL

Guardianship and Administration and Other Acts Amendment Bill 2008 Guardianship and Administration and Other Acts Amendment Bill 2008 Amendments agreed to during Consideration 1 Clause 26 (Replacement of s 53 (Jury not to separate))-- At page 32, lines 18 to 25-- omit, insert-- `(3) Before a jury retires to consider its verdict, the judge must allow the jury to separate during a lunch or dinner adjournment to obtain meals. `(4) However, if the judge considers that allowing the jury to separate during a lunch or dinner adjournment may prejudice a fair trial, the judge may order the jury not to separate. `(5) Subsection (6) applies subject to subsections (3) and (4). `(6) Also, before a jury retires to consider its verdict, the judge may, if the judge considers that allowing the jury to separate would not prejudice a fair trial, allow the jury to separate-- (a) during an adjournment of the court; or (b) while proceedings are held in the jury's absence.'. 2 Clause 26 (Replacement of s 53 (Jury not to separate))-- At page 32, line 26, `(5)'-- omit, insert-- `(7)'. 3 Clause 26 (Replacement of s 53 (Jury not to separate))-- At page 33, line 7, `(6)'-- omit, insert-- `(8)'. Page 1

 


 

Guardianship and Administration and Other Acts Amendment Bill 2008 4 Clause 26 (Replacement of s 53 (Jury not to separate))-- At page 33, line 8, `(5)(b)'-- omit, insert-- `(7)(b)'. 5 Clause 26 (Replacement of s 53 (Jury not to separate))-- At page 33, line 12, `(7)'-- omit, insert-- `(9)'. 6 Clause 26 (Replacement of s 53 (Jury not to separate))-- At page 33, line 15, `(8)'-- omit, insert-- `(10)'. 7 Clause 27 (Insertion of new s 78)-- At page 33, line 25, `53(5) and (6)'-- omit, insert-- `53(7) and (8)'. State of Queensland 2008

 


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