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QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL (JUSTICES OF THE PEACE) AMENDMENT BILL 2013

          Queensland



Queensland Civil and
Administrative Tribunal
(Justices of the Peace)
Amendment Bill 2013

 


 

 

Queensland Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Amendment of s 179 (Resignation) . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 187 (Resignation) . . . . . . . . . . . . . . . . . . . . . . . 7 5 Amendment of s 202 (Resignation) . . . . . . . . . . . . . . . . . . . . . . . 7 6 Insertion of new s 206AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 206AA Application of ss 194A and 194B . . . . . . . . . . . . . . . . 8 7 Insertion of new ch 4, pt 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 4B QCAT justices of the peace Division 1 Preliminary 206B Purpose of pt 4B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 206C Definitions for pt 4B . . . . . . . . . . . . . . . . . . . . . . . . . . 8 206D Relationship with other provisions of Act . . . . . . . . . . 10 Division 2 Constitution of tribunal by QCAT justices of the peace 206E Tribunal may be constituted by QCAT justices of the peace ................................. 11 206F Reconstitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 206G Presiding QCAT justice of the peace . . . . . . . . . . . . . 12 Division 3 Decisions of QCAT justices of the peace 206H Differing decisions of QCAT justices of the peace . . . 13 206I Deciding question of law . . . . . . . . . . . . . . . . . . . . . . 13

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Contents 206J Referring question of law to president . . . . . . . . . . . . 13 206K Giving decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4 General matters about tribunal constituted by QCAT justices of the peace 206L Functions generally . . . . . . . . . . . . . . . . . . . . . . . . . . 14 206M Independence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 206N Referring matters to president . . . . . . . . . . . . . . . . . . 15 206O Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 206P Criminal history checks . . . . . . . . . . . . . . . . . . . . . . . 17 206Q Disclosure of changes in criminal history . . . . . . . . . . 18 206R Conditions of appointment . . . . . . . . . . . . . . . . . . . . . 19 206S Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 206T Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . 19 206U Suspension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 206V Investigation about suspension . . . . . . . . . . . . . . . . . 21 206W Acting QCAT justices of the peace . . . . . . . . . . . . . . . 22 Division 5 Application of particular provisions for pt 4B 206X Purpose of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 206Y Application of chs 1 and 2 provisions . . . . . . . . . . . . . 23 206Z Application of ch 4 provisions . . . . . . . . . . . . . . . . . . . 24 206BA Application of ch 5 provisions . . . . . . . . . . . . . . . . . . . 25 Division 6 Expiry 206BB Expiry of pt 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 8 Replacement of ch 10, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 9 Replacement of ch 11, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 10 Insertion of new ch 10, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 3 Transitional provisions for Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Act 2013 285 First appointment of QCAT justices of the peace . . . . 26 286 Existing matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 287 Amendment of Queensland Civil and Administrative Tribunal Regulation 2009 . . . . . . . . . . . . . . . . . . . . . . 27 Part 3 Amendment of Queensland Civil and Administrative Tribunal Regulation 2009 11 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 12 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Page 2

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Contents Part 5 QCAT justices of the peace 18 Daily sitting fee payable to QCAT justices of the peace--Act, s 206R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 19 Expiry of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Page 3

 


 

 

2013 A Bill for An Act to amend the Queensland Civil and Administrative Tribunal Act 2009 and the Queensland Civil and Administrative Tribunal Regulation 2009 for particular purposes

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 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 Queensland Civil and 4 Administrative Tribunal (Justices of the Peace) Amendment 5 Act 2013. 6 Part 2 Amendment of Queensland 7 Civil and Administrative 8 Tribunal Act 2009 9 Clause 2 Act amended 10 This part amends the Queensland Civil and Administrative 11 Tribunal Act 2009. 12 Clause 3 Amendment of s 179 (Resignation) 13 (1) Section 179(1), `addressed to the Governor'-- 14 omit. 15 (2) Section 179(2)-- 16 omit. 17 (3) Section 179(3), `Governor accepts'-- 18 omit, insert-- 19 Minister receives 20 (4) Section 179(3)-- 21 Page 6

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 4] renumber as section 179(2). 1 Clause 4 Amendment of s 187 (Resignation) 2 (1) Section 187(1), `addressed to the Governor'-- 3 omit. 4 (2) Section 187(2)-- 5 omit. 6 (3) Section 187(3), `Governor accepts'-- 7 omit, insert-- 8 Minister receives 9 (4) Section 187(3)-- 10 renumber as section 187(2). 11 Clause 5 Amendment of s 202 (Resignation) 12 (1) Section 202(1), `addressed to the Governor'-- 13 omit. 14 (2) Section 202(2)-- 15 omit. 16 (3) Section 202(3), `Governor accepts'-- 17 omit, insert-- 18 Minister receives 19 (4) Section 202(3)-- 20 renumber as section 202(2). 21 Clause 6 Insertion of new s 206AA 22 Chapter 4, part 4, after section 206-- 23 insert-- 24 Page 7

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] 206AA Application of ss 194A and 194B 1 Sections 194A and 194B apply in relation to an 2 adjudicator and the hearing of a proceeding before an 3 adjudicator as if a reference in the sections to a 4 member included a reference to an adjudicator. 5 Clause 7 Insertion of new ch 4, pt 4B 6 Chapter 4-- 7 insert-- 8 Part 4B QCAT justices of the 9 peace 10 Division 1 Preliminary 11 206B Purpose of pt 4B 12 The purpose of this part is to provide for matters about 13 the hearing of particular minor civil disputes by 14 justices of the peace. 15 206C Definitions for pt 4B 16 In this part-- 17 excluded minor civil dispute means any of the 18 following minor civil disputes-- 19 (a) a claim to recover a debt or liquidated 20 demand of money, with or without interest, 21 of more than $5000; 22 (b) a claim arising out of a contract between a 23 consumer and trader, or a contract between 24 2 or more traders, that is-- 25 (i) for payment of money of a value of 26 more than $5000; or 27 Page 8

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] (ii) for relief from payment of money of a 1 value of more than $5000; or 2 (iii) for performance of work of a value of 3 more than $5000 to rectify a defect in 4 goods supplied or services provided; or 5 (iv) for return of goods of a value of more 6 than $5000; or 7 (v) for a combination of any 2 or more 8 claims mentioned in subparagraphs (i) 9 to (iv) where the total value of the 10 combined claim is more than $5000; 11 (c) a claim for an amount of more than $5000 12 for damage to property caused by, or arising 13 out of the use of, a vehicle; 14 (d) a claim for repair of a defect in a motor 15 vehicle under the Property Agents and 16 Motor Dealers Act 2000, section 248 or 324, 17 if the total value of the claim is more than 18 $5000; 19 (e) a tenancy matter that is-- 20 (i) an urgent application under the 21 Residential Tenancies and Rooming 22 Accommodation Act 2008, section 415; 23 or 24 (ii) another application under the 25 Residential Tenancies and Rooming 26 Accommodation Act 2008 for a claim 27 for more than $5000; 28 (f) a claim that is the subject of a dispute under 29 the Neighbourhood Disputes Resolution Act 30 2011, chapter 2 and is for an amount more 31 than $5000; 32 (g) a matter in relation to which a person may, 33 under the Building Act 1975, chapter 8, part 34 Page 9

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] 2A apply to the tribunal for an order 1 requiring any of the following-- 2 (i) the performance of work of a value of 3 more than $5000; 4 (ii) the payment of a contribution of an 5 amount of more than $5000 for fencing 6 work; 7 (iii) the payment of an amount of 8 compensation of more than $5000. 9 JPCD Act means the Justices of the Peace and 10 Commissioners for Declarations Act 1991. 11 legally qualified QCAT justice of the peace 12 means a QCAT justice of the peace who is an 13 Australian lawyer. 14 presiding QCAT justice of the peace see section 15 206G. 16 QCAT justice of the peace means a person 17 appointed under section 206O as a QCAT justice 18 of the peace. 19 206D Relationship with other provisions of Act 20 For a matter for which the tribunal is constituted by 2 21 QCAT justices of the peace, if there is an 22 inconsistency between a provision of this part and 23 another provision of this Act, the provision of this part 24 prevails to the extent of the inconsistency. 25 Page 10

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] Division 2 Constitution of tribunal by 1 QCAT justices of the peace 2 206E Tribunal may be constituted by QCAT justices 3 of the peace 4 (1) Despite section 165(1), the president may choose 5 2 QCAT justices of the peace, at least 1 of whom 6 must be a legally qualified QCAT justice of the 7 peace, to constitute the tribunal-- 8 (a) for a matter the QCAT justices of the peace 9 may hear and decide under section 206L; 10 and 11 (b) at a location prescribed under a regulation. 12 (2) The persons chosen by the president under 13 subsection (1) constitute, and may exercise all the 14 jurisdiction and powers of, the tribunal in relation 15 to the matter. 16 206F Reconstitution 17 (1) The president may change who is to constitute 18 the tribunal for a matter 2 QCAT justices of the 19 peace may hear and decide, including a change 20 from-- 21 (a) 1, 2 or 3 members to 2 QCAT justices of the 22 peace; or 23 (b) 2 QCAT justices of the peace to 1, 2 or 3 24 members; or 25 (c) an adjudicator to 2 QCAT justices of the 26 peace; or 27 (d) 2 QCAT justices of the peace to an 28 adjudicator. 29 Examples of circumstances in which the president 30 may change who is to constitute the tribunal-- 31 Page 11

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] · a QCAT justice of the peace constituting the 1 tribunal becomes unavailable 2 · a QCAT justice of the peace constituting the 3 tribunal has or acquires an interest, financial or 4 otherwise, that may conflict with the proper 5 performance of his or her functions 6 · one of the parties to the proceeding objects to a 7 QCAT justice of the peace constituting the 8 tribunal 9 · the presiding QCAT justice of the peace refers 10 a matter to the president under section 206N. 11 (2) The tribunal as reconstituted must continue to 12 hear the matter and decide it and, for that 13 purpose, may have regard to the decisions and 14 any record of proceedings of the tribunal as 15 previously constituted, including any record of 16 evidence. 17 206G Presiding QCAT justice of the peace 18 For a matter for which the tribunal is constituted by 2 19 QCAT justices of the peace, the presiding QCAT 20 justice of the peace is-- 21 (a) if only 1 of the 2 QCAT justices of the peace 22 is a legally qualified QCAT justice of the 23 peace--the legally qualified QCAT justice 24 of the peace; or 25 (b) otherwise--the QCAT justice of the peace 26 nominated by the president. 27 Page 12

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] Division 3 Decisions of QCAT 1 justices of the peace 2 206H Differing decisions of QCAT justices of the 3 peace 4 If the tribunal for a particular matter is constituted by 5 2 QCAT justices of the peace and the decisions of the 6 QCAT justices of the peace differ, the tribunal's 7 decision is the decision of the presiding QCAT justice 8 of the peace. 9 206I Deciding question of law 10 If a question of law arises in a proceeding for a matter 11 for which the tribunal is constituted by 2 QCAT 12 justices of the peace, the tribunal's decision on the 13 question is the decision of the presiding QCAT justice 14 of the peace. 15 206J Referring question of law to president 16 (1) For a matter for which the tribunal is constituted 17 by 2 QCAT justices of the peace, the presiding 18 QCAT justice of the peace may refer a question 19 of law before the tribunal to the president. 20 (2) Subsection (1) applies whether or not the 21 question has been decided by the tribunal under 22 section 206I. 23 (3) If the president decides a question of law referred 24 to the president under subsection (1), the decision 25 of the president is the tribunal's decision on the 26 question. 27 Page 13

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] 206K Giving decision 1 A document setting out the decision in a proceeding of 2 the tribunal constituted by 2 QCAT justices of the 3 peace may be signed by-- 4 (a) if the rules provide for the document to be 5 signed by the presiding member--the 6 presiding QCAT justice of the peace; and 7 (b) if the rules provide for the document to be 8 signed by a member of the tribunal--a 9 QCAT justice of peace constituting the 10 tribunal. 11 Division 4 General matters about 12 tribunal constituted by 13 QCAT justices of the peace 14 206L Functions generally 15 (1) Two QCAT justices of the peace may hear and 16 decide a matter that is a minor civil dispute, other 17 than an excluded minor civil dispute, if chosen by 18 the president to constitute the tribunal for the 19 matter. 20 (2) If the tribunal is constituted for a matter by 2 21 QCAT justices of the peace, the tribunal can not 22 make an order or decision under section 13(2) 23 that-- 24 (a) purports to require payment of an amount, 25 performance of work or return of goods of a 26 value of more than $5000; or 27 (b) purports to grant relief of a value of more 28 than $5000 from the payment of an amount; 29 or 30 (c) combines 2 or more orders mentioned in 31 section 13(2)(a)(i) to (iv) and purports to 32 Page 14

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] award or declare entitlements or benefits (or 1 both) of a total value of more than $5000. 2 (3) This section has effect despite the JPCD Act, 3 section 29(3) and (4). 4 206M Independence 5 (1) In constituting the tribunal, QCAT justices of the 6 peace are not subject to direction or control, other 7 than as provided under this Act. 8 (2) However, a QCAT justice of the peace must 9 comply with the procedural directions given by 10 the president. 11 Note-- 12 Under section 206T a QCAT justice of the peace may be 13 removed from office for contravening this subsection. 14 206N Referring matters to president 15 (1) This section applies if-- 16 (a) a matter is before 2 QCAT justices of the 17 peace constituting the tribunal; and 18 (b) the tribunal considers it would be more 19 appropriate for the matter to be decided by 20 the tribunal as constituted by-- 21 (i) 1, 2 or 3 members; or 22 (ii) an adjudicator. 23 (2) The presiding QCAT justice of the peace must 24 refer the matter to the president. 25 206O Appointment 26 (1) As many QCAT justices of the peace as are 27 required for the proper functioning of the tribunal 28 must be appointed. 29 Page 15

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] (2) A QCAT justice of the peace must be appointed 1 by the Governor in Council on recommendation 2 from the Minister after consultation with the 3 president. 4 (3) A QCAT justice of the peace is appointed under 5 this Act and not under the Public Service Act 6 2008. 7 (4) An appointment of a QCAT justice of the peace 8 must be made in writing. 9 (5) Subject to subsection (8), for selecting a person 10 for recommendation for appointment under this 11 section, the Minister must advertise for 12 applications from appropriately qualified persons 13 to be considered for selection. 14 (6) A person is eligible for appointment as a QCAT 15 justice of the peace if the person is-- 16 (a) a justice of the peace (qualified); or 17 (b) a justice of the peace (magistrates court); or 18 (c) a justice of the peace under the JPCD Act, 19 section 19(1A); or 20 (d) a lawyer who is a justice of the peace under 21 the JPCD Act, section 41(a). 22 (7) A person appointed as a QCAT justice of the 23 peace holds office for the period, of at least 3 24 years but not more than 5 years, stated in the 25 person's instrument of appointment. 26 (8) A person appointed as a QCAT justice of the 27 peace may be reappointed, whether or not the 28 vacancy in the office of the QCAT justice of the 29 peace has been advertised. 30 (9) A QCAT justice of the peace may be appointed 31 only on a sessional basis. 32 (10) In this section-- 33 Page 16

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] justice of the peace (magistrates court) means a 1 person appointed under the JPCD Act, section 15 2 to the category of justice of the peace 3 (magistrates court). 4 justice of the peace (qualified) means a person 5 appointed under the JPCD Act, section 15 to the 6 category of justice of the peace (qualified). 7 206P Criminal history checks 8 (1) This section applies in relation to the following 9 persons-- 10 (a) a QCAT justice of the peace; 11 (b) a person who is being considered for 12 appointment as a QCAT justice of the peace 13 (a prospective QCAT justice of the peace). 14 (2) The Minister may ask the commissioner of the 15 police service for-- 16 (a) a written report about the person's criminal 17 history; and 18 (b) a brief description of the circumstances of a 19 conviction or charge mentioned in the 20 person's criminal history. 21 (3) However, if the request relates to a prospective 22 QCAT justice of the peace, the Minister may 23 make the request only if the person has given the 24 Minister written consent for the request. 25 (4) The commissioner of the police service must 26 comply with the request. 27 (5) However, subsection (4) applies only to 28 information in the commissioner's possession or 29 to which the commissioner has access. 30 (6) Before using information obtained under 31 subsection (2) to decide whether a person should 32 continue to be a QCAT justice of the peace, or be 33 Page 17

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] nominated for appointment as a QCAT justice of 1 the peace, the Minister must-- 2 (a) disclose the information to the person; and 3 (b) allow the person a reasonable opportunity to 4 make representations to the Minister about 5 the information. 6 (7) The Minister must ensure a report given under 7 this section is destroyed as soon as practicable 8 after it is no longer needed for the purpose for 9 which it was requested. 10 206Q Disclosure of changes in criminal history 11 (1) If there is a change in the criminal history of a 12 person who is a QCAT justice of the peace, the 13 person must, unless the person has a reasonable 14 excuse, immediately disclose the change to the 15 Minister. 16 Maximum penalty--100 penalty units. 17 (2) For a QCAT justice of the peace who does not 18 have a criminal history, there is taken to be a 19 change in the person's criminal history if the 20 person acquires a criminal history. 21 (3) To comply with subsection (1), the information 22 disclosed by the person about a conviction for an 23 offence in the person's criminal history must 24 include the following-- 25 (a) the existence of the conviction; 26 (b) when the offence was committed; 27 (c) details adequate to identify the offence; 28 (d) whether or not a conviction was recorded; 29 (e) the sentence imposed on the person. 30 Page 18

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] 206R Conditions of appointment 1 (1) A QCAT justice of the peace holds office on the 2 following conditions-- 3 (a) the conditions stated in this part; 4 (b) the conditions decided by the Governor in 5 Council and stated in the instrument of 6 appointment of the QCAT justice of the 7 peace, to the extent the conditions are not 8 inconsistent with this part. 9 (2) A QCAT justice of the peace is entitled to be paid 10 the daily sitting fee prescribed under a regulation. 11 (3) Subsection (2) has effect despite the JPCD Act, 12 section 35(1). 13 206S Resignation 14 (1) A QCAT justice of the peace may resign from 15 office by giving the Minister a signed letter of 16 resignation. 17 (2) The resignation takes effect when the Minister 18 receives the resignation or, if a later day is stated 19 in the letter of resignation, the later day stated in 20 the letter. 21 206T Removal from office 22 (1) The Governor in Council may, on the Minister's 23 recommendation, remove a person who is a 24 QCAT justice of the peace from office if-- 25 (a) the person-- 26 (i) is mentally or physically incapable of 27 satisfactorily performing the person's 28 functions; or 29 (ii) has performed the person's functions 30 carelessly, incompetently or 31 Page 19

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] inefficiently, including by contravening 1 a condition of the person's 2 appointment, section 173(3) (as 3 applied under section 206Z) or section 4 206M; or 5 (iii) has engaged in conduct that would 6 warrant dismissal from the public 7 service if the person were a public 8 service officer; or 9 (b) the person has been convicted of an 10 indictable offence, whether dealt with on 11 indictment or summarily; or 12 (c) the person becomes an insolvent under 13 administration as defined under the 14 Corporations Act; or 15 (d) the person ceases to be eligible for 16 appointment as a QCAT justice of the peace. 17 (2) If the person has been suspended under section 18 206U, the Minister may make a recommendation 19 under subsection (1) only if the person has been 20 given an opportunity to make oral and written 21 submissions to-- 22 (a) the person conducting the investigation in 23 relation to which the person has been 24 suspended; and 25 (b) either the president or deputy president. 26 (3) Also, the Minister must consult the president 27 before making a recommendation under 28 subsection (1). 29 206U Suspension 30 The president, with the Minister's approval, may 31 suspend a QCAT justice of the peace from office if the 32 president believes there may be grounds for the 33 removal of the QCAT justice of the peace from office. 34 Page 20

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] 206V Investigation about suspension 1 (1) As soon as practicable after suspending a QCAT 2 justice of the peace under section 206U, the 3 president must appoint a person (the investigator) 4 to undertake an investigation into the conduct or 5 circumstances that led to the suspension. 6 (2) The investigator must-- 7 (a) investigate the conduct or circumstances 8 leading to the suspension; and 9 (b) report to the Minister on the investigation; 10 and 11 (c) give a copy of the report to the QCAT justice 12 of the peace and the president. 13 (3) The investigator's report under subsection (2) 14 may include a recommendation that the QCAT 15 justice of the peace be removed from office on a 16 ground mentioned in section 206T(1). 17 (4) The Minister may use a report given to the 18 Minister under subsection (2)(b) about a QCAT 19 justice of the peace to decide whether or not to 20 make a recommendation under section 206T(1) 21 about the QCAT justice of the peace. 22 (5) If the Minister decides not to make a 23 recommendation under section 206T(1) about a 24 QCAT justice of the peace, the Minister must 25 notify the president and the QCAT justice of the 26 peace of the decision as soon as practicable. 27 (6) If the president is notified under subsection (5) 28 that the Minister has decided not to make a 29 recommendation under section 206T(1) about a 30 QCAT justice of the peace, the president must 31 immediately cancel the suspension of the QCAT 32 justice of the peace. 33 Page 21

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] 206W Acting QCAT justices of the peace 1 (1) If there is a vacancy in the office of a QCAT 2 justice of the peace or the QCAT justice of the 3 peace is absent or for any other reason is unable 4 to perform the functions of the office, the 5 Minister may appoint a person to act as the 6 QCAT justice of the peace for a period of not 7 more than 6 months. 8 (2) The Minister may appoint only a person who is 9 eligible to be appointed under section 206O. 10 (3) The Minister may appoint a person to act as a 11 QCAT justice of the peace only after consultation 12 with the president. 13 (4) A person appointed to act as a QCAT justice of 14 the peace-- 15 (a) has all the functions of the office to which 16 the person is appointed; and 17 (b) is taken to be a QCAT justice of the peace 18 for all purposes relating to this Act or an 19 enabling Act. 20 (5) Without limiting subsection (4), section 206S 21 applies to a person acting as a QCAT justice of 22 the peace as if the person were a QCAT justice of 23 the peace. 24 (6) A person appointed to act as a QCAT justice of 25 the peace may be appointed by the Minister to act 26 as a QCAT justice of the peace for a further 27 period if-- 28 (a) the term of the appointment does not 29 immediately follow the person's previous 30 appointment as acting QCAT justice of the 31 peace; or 32 (b) the appointment is continuous on 1 or more 33 of the person's previous appointments as 34 acting QCAT justice of the peace and the 35 Page 22

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] total period of the continuous appointments 1 is not more than 6 months. 2 (7) The Minister may at any time cancel the 3 appointment of a person to act as a QCAT justice 4 of the peace. 5 Division 5 Application of particular 6 provisions for pt 4B 7 206X Purpose of div 5 8 This division provides for how particular provisions of 9 this Act apply-- 10 (a) in relation to the tribunal as constituted by 2 11 QCAT justices of the peace; and 12 (b) to ensure the effective operation of this part. 13 206Y Application of chs 1 and 2 provisions 14 (1) Section 4 applies as if a reference in section 4(f), 15 (g) and (h) to adjudicators included a reference to 16 QCAT justices of the peace. 17 (2) Sections 61, 62, 63 and 86 apply as if a reference 18 in sections 61(5)(b), 62(7)(b), 63(6)(b) and 86(4) 19 to a legally qualified member included a 20 reference to a legally qualified QCAT justice of 21 the peace. 22 (3) Section 95 applies as if the reference in section 23 95(5) to a member included a reference to a 24 QCAT justice of the peace. 25 (4) Section 96 applies as if-- 26 (a) a reference in section 96(1) and (5) to an 27 adjudicator included a reference to a QCAT 28 justice of the peace; and 29 Page 23

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 7] (b) the reference in section 96(2) to a legally 1 qualified member included a reference to a 2 legally qualified QCAT justice of the peace. 3 (5) Section 128 applies as if-- 4 (a) the reference in section 128(2)(a) to the 5 office of a member included a reference to 6 the office of a QCAT justice of the peace; 7 and 8 (b) section 128(2)(b) included a reference to a 9 defect or irregularity in, or in connection 10 with, the appointment of a QCAT justice of 11 the peace or acting QCAT justice of the 12 peace. 13 206Z Application of ch 4 provisions 14 (1) Section 169 applies as if-- 15 (a) a reference in section 169(1) and (2) to a 16 member included a reference to a QCAT 17 justice of the peace; and 18 (b) the definition proceeding in section 169(3) 19 did not include a compulsory conference. 20 (2) Sections 172, 173 and 174 apply as if the 21 references in sections 172(2), 173(1) and 22 174(2)(b) to members included references to 23 QCAT justices of the peace. 24 (3) Sections 173, 182 and 194A apply as if the 25 references in sections 173(1), 182(1) and (2) and 26 194A to a member included a reference to a 27 QCAT justice of the peace. 28 (4) Section 194B applies as if the reference in 29 section 194B(1) to a member resigning under 30 chapter 4, part 3 were a reference to a QCAT 31 justice of the peace resigning under section 206S. 32 Page 24

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 8] 206BA Application of ch 5 provisions 1 (1) Sections 216, 218, 235 and 236 apply as if a 2 reference in the sections to an official included a 3 reference to a QCAT justice of the peace. 4 (2) Section 217 applies as if a reference in the 5 section to a member included a reference to a 6 QCAT justice of the peace. 7 (3) Section 219 applies as if the reference in section 8 219(6) and (7) to the presiding member included 9 a reference to the presiding QCAT justice of the 10 peace. 11 (4) Section 228 applies as if a reference in the 12 section to an adjudicator included a reference to a 13 QCAT justice of the peace. 14 (5) Sections 233 and 234 apply as if the reference in 15 the sections to a prescribed person included a 16 reference to a QCAT justice of the peace. 17 (6) Section 237 applies as if a reference in section 18 237(1) to a member included a reference to a 19 QCAT justice of the peace. 20 Division 6 Expiry 21 206BB Expiry of pt 4B 22 (1) This part expires 1 year after the day this section 23 commences. 24 (2) However, before the end of the period mentioned 25 in subsection (1), a regulation may extend the 26 period before expiry to not more than 3 years 27 after the day this section commences. 28 Clause 8 Replacement of ch 10, hdg 29 Chapter 10, heading-- 30 Page 25

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 2 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 9] omit, insert-- 1 Chapter 10 Other transitional 2 provisions 3 Division 1 Transitional provision for 4 Forensic Disability Act 5 2011 6 Clause 9 Replacement of ch 11, hdg 7 Chapter 11, heading-- 8 omit, insert-- 9 Division 2 Transitional provision for 10 Civil Proceedings Act 2011 11 Clause 10 Insertion of new ch 10, div 3 12 After section 284-- 13 insert-- 14 Division 3 Transitional provisions for 15 Queensland Civil and 16 Administrative Tribunal 17 (Justices of the Peace) 18 Amendment Act 2013 19 285 First appointment of QCAT justices of the 20 peace 21 (1) This section applies to the first appointment of 22 QCAT justices of the peace under section 206O 23 made by the Governor in Council after this 24 section commences. 25 (2) Section 206O(5) does not apply in relation to the 26 appointment. 27 Page 26

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 3 Amendment of Queensland Civil and Administrative Tribunal Regulation 2009 [s 11] 286 Existing matters 1 (1) This section applies if, immediately before the 2 expiry of chapter 4, part 4B, the tribunal as 3 constituted by 2 QCAT justices of the peace 4 under that part has started to hear a matter but has 5 not finally dealt with the matter. 6 (2) The tribunal may continue to hear and decide the 7 matter as if chapter 4, part 4B had not expired. 8 287 Amendment of Queensland Civil and 9 Administrative Tribunal Regulation 2009 10 The amendment of the Queensland Civil and 11 Administrative Tribunal Regulation 2009 by the 12 Queensland Civil and Administrative Tribunal 13 (Justices of the Peace) Amendment Act 2013 does not 14 affect the power of the Governor in Council to further 15 amend the regulation or to repeal it. 16 Part 3 Amendment of Queensland 17 Civil and Administrative 18 Tribunal Regulation 2009 19 Clause 11 Regulation amended 20 This part amends the Queensland Civil and Administrative 21 Tribunal Regulation 2009. 22 Clause 12 Insertion of new pt 5 23 After section 16-- 24 insert-- 25 Page 27

 


 

Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Bill 2013 Part 3 Amendment of Queensland Civil and Administrative Tribunal Regulation 2009 [s 12] Part 5 QCAT justices of the 1 peace 2 17 Prescribed location for tribunal constituted by 3 QCAT justices of the peace--Act, s 206E 4 For section 206E of the Act, the following locations 5 are prescribed-- 6 (a) Brisbane; 7 (b) Ipswich; 8 (c) Maroochydore; 9 (d) Southport; 10 (e) Townsville. 11 18 Daily sitting fee payable to QCAT justices of 12 the peace--Act, s 206R 13 For section 206R(2) of the Act, the prescribed daily 14 sitting fee is $100. 15 19 Expiry of pt 5 16 This part expires on the day chapter 4, part 4B of the 17 Act expires. 18 © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 28

 


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