Queensland Numbered Acts Queensland Numbered ActsChapter 7 —
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190 Definitions for part In this part—
"amending Act" means the Disability Services and Other Legislation (NDIS) Amendment Act 2019 .
"former" , in relation to a provision, means as in force immediately before the provision was amended or repealed under the amending Act.
"former visitable site" means a place that was a visitable site under former chapter 3, part 6 but is not a visitable site under chapter 3, part 6 as amended by the amending Act.
191 Inquiries in relation to former visitable sites started before commencement(1) This section applies if—(a) before the commencement, a community visitor (adult) inquired, or started to inquire, under former section 41(2) into a matter in relation to a former visitable site; and(b) immediately before the commencement, the community visitor (adult) had not reported to the public guardian on the matter.(2) The community visitor (adult) must continue to perform the inquiry functions under section 41(2) in relation to the matter.(3) Section 41(4) and chapter 3, part 6, division 4 apply to the performance of the inquiry functions as if—(a) the functions were being performed under section 41(2); and(b) the former visitable site were a visitable site under chapter 3, part 6.
192 Existing complaints about former visitable sites(1) This section applies if—(a) before the commencement, a complaint was made about a matter mentioned in former section 41(2) in relation to a former visitable site; and(b) immediately before the commencement, a community visitor (adult) for the former visitable site had not resolved the complaint, or referred it, under former section 41(3).(2) A community visitor (adult) for the former visitable site must perform the complaint functions mentioned in section 41(3) in relation to the complaint.(3) Section 41(4) and chapter 3, part 6, division 4 apply to the performance of the complaint functions as if—(a) the functions were being performed under section 41(3); and(b) the former visitable site were a visitable site under chapter 3, part 6.
193 Existing requests for community visitor (adult) to visit former visitable site(1) This section applies if, before the commencement, a person made a request under former section 43(1)(a) or (b) in relation to a former visitable site.(2) Subsection (3) applies if—(a) the request was made under former section 43(1)(b) to a staff member at the former visitable site; and(b) immediately before the commencement—(i) the staff member had not told the public guardian about the request; and(ii) the period that is 3 business days after the request is made had not ended.(3) The staff member must, within 3 business days after the request is made, tell the public guardian about the request.Penalty—Maximum penalty—40 penalty units.(4) If, immediately before the commencement, a community visitor (adult) for the former visitable site had not visited the site in accordance with the request—(a) a community visitor (adult) for the site must visit the site as soon as practicable after being informed of the request; and(b) chapter 3, part 6, division 4 applies to the performance of the function under paragraph (a) as if—(i) the function were being performed under section 43; and(ii) the former visitable site were a visitable site under chapter 3, part 6.
194 Existing authorisations to enter former visitable sites outside normal hours(1) An existing authorisation in relation to an existing complaint continues to have effect according to its terms and conditions.(2) In this section—
"existing authorisation" means an authorisation given under former section 45 that was in effect immediately before the commencement.
"existing complaint" means a complaint in relation to which section 192 applies.
195 Reports about visits to former visitable sites before commencement(1) This section applies if, before the commencement, a community visitor (adult) visited a former visitable site.(2) If, immediately before the commencement, the community visitor (adult) had not complied with former section 47(1) in relation to the visit—(a) the community visitor (adult) must prepare a report on the visit under section 47 and give a copy of the report to the public guardian; and(b) the public guardian must, as soon as practicable after receiving a copy of the report, give a copy of the report to a person in charge of the site.(3) If, immediately before the commencement, the public guardian had not complied with former section 47(3) in relation to a report on the visit, the public guardian must give a copy of the report to a person in charge of the site.(4) Section 47(4) applies in relation to a copy of a report on the visit received by the public guardian before or after the commencement.
196 Proceedings for particular offences(1) This section applies in relation to an offence committed against any of the following provisions, in relation to a former visitable site, before the commencement—(a) former section 43(2);(b) former section 44(3);(c) former section 49.(2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be started or continued, and a person may be convicted of and punished for the offence, as if the amending Act, section 62 had not commenced.(3) Subsection (2) applies despite the Criminal Code , section 11.