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Queensland
LOCAL GOVERNMENT AND
OTHER LEGISLATION
AMENDMENT BILL 2003
Queensland
LOCAL GOVERNMENT AND OTHER
LEGISLATION AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF CENTRAL QUEENSLAND COAL
ASSOCIATES AGREEMENT ACT 1968
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Renumbering of s 9 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . . 6
5 Insertion of new s 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Making of 2003 agreement authorised . . . . . . . . . . . . . . . . . . . . . . . 7
6 Insertion of new sch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
SCHEDULE 6
PROPOSED 2003 AGREEMENT
PART 3--AMENDMENT OF CITY OF BRISBANE ACT 1924
7 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Amendment of s 3A (Application of the Local Government Act) . . . . . . . . 11
9 Amendment of s 80 (Limitation of increase in rate levied). . . . . . . . . . . . . . 11
10 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 7--VALIDATION PROVISIONS
138 Validation provision for Local Government and Other Legislation
Amendment Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 4--AMENDMENT OF LOCAL GOVERNMENT ACT 1993
11 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Amendment of s 9 (Act applies only so far as expressly provided) . . . . . . . 13
13 Amendment of s 63 (Meaning of "owner" of land for pt 1) . . . . . . . . . . . . . 13
2
Local Government and Other Legislation Amendment
Bill 2003
14 Amendment of s 221 (General disqualifications) . . . . . . . . . . . . . . . . . . . . . 13
15 Amendment of s 222 (Disqualification and vacation of office for
certain offences) ......................................... 16
16 Amendment of s 224A (Councillor ceases to be councillor on becoming
candidate for an Australian Parliament) ......................... 16
17 Amendment of s 248 (Access to registers) . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18 Amendment of s 392 (Responsibility for election matter) . . . . . . . . . . . . . . 17
19 Insertion of new s 854AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
854AA No jurisdiction to make local laws and subordinate local laws
prohibiting placement of election signs or posters . . . . . . . . . . . . 17
20 Amendment of s 1036 (Limitation of increase in rate levied). . . . . . . . . . . . 18
21 Amendment of s 1170 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Insertion of new ch 19, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 9--VALIDATION PROVISION FOR LOCAL GOVERNMENT
AND OTHER LEGISLATION AMENDMENT ACT 2003
1272 Validation for particular resolutions limiting increase in rate levied . 19
PART 5--AMENDMENT OF WORKERS' COMPENSATION AND
REHABILITATION ACT 2003
23 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
24 Insertion of new ch 2, pt 4, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 1A--Local government self-insurers
68A Self-insurance for local governments . . . . . . . . . . . . . . . . . . . . . . . . 20
68B Entitlements of local government councillors . . . . . . . . . . . . . . . . . . 20
68C Local government self-insurer's liability for injury to councillors . . 21
25 Insertion of new s 73A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
73A Calculation of the number of fulltime workers for local
government self-insurers ............................... 22
26 Insertion of new s 92A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
92A Powers of local government self-insurers . . . . . . . . . . . . . . . . . . . . . 22
27 Insertion of new s 93A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
93A Documents that must be kept by local government self-insurers . . . 22
PART 6--MINOR AND CONSEQUENTIAL AMENDMENTS
28 Minor and consequential amendments of Acts . . . . . . . . . . . . . . . . . . . . . . . 22
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 23
3
Local Government and Other Legislation Amendment
Bill 2003
MINOR AND CONSEQUENTIAL AMENDMENTS
CITY OF BRISBANE ACT 1924 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
LOCAL GOVERNMENT (CHINATOWN AND THE VALLEY MALLS)
ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
LOCAL GOVERNMENT (QUEEN STREET MALL) ACT 1981 . . . . . . . 25
WORKERS' COMPENSATION AND REHABILITATION ACT 2003 . . . 25
2003
A BILL
FOR
An Act to amend local government legislation, and for other purposes
s1 6 s5
Local Government and Other Legislation Amendment
Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Local Government and Other Legislation 4
Amendment Act 2003. 5
2 Commencement
Clause 6
Section 17 commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF CENTRAL QUEENSLAND 8
COAL ASSOCIATES AGREEMENT ACT 1968 9
3 Act amended in pt 2
Clause 10
This part amends the Central Queensland Coal Associates Agreement 11
Act 1968. 12
4 Renumbering of s 9 (Regulation-making power)
Clause 13
Section 9-- 14
renumber as section 10. 15
5 Insertion of new s 9
Clause 16
After section 8-- 17
insert-- 18
s6 7 s6
Local Government and Other Legislation Amendment
Bill 2003
`9 Making of 2003 agreement authorised 1
`(1) The Premier is authorised, for the State, to make an agreement 2
(the "2003 agreement") with the other parties named in the 3
2003 agreement. 4
`(2) The 2003 agreement must be substantially in the form set out in 5
schedule 6. 6
`(3) The Premier must notify, by gazette notice, the date the 7
2003 agreement is made.'. 8
6 Insertion of new sch 6
Clause 9
After schedule 5-- 10
insert-- 11
`SCHEDULE 6 12
`PROPOSED 2003 AGREEMENT 13
section 9 14
AN AGREEMENT made the day of 2003 15
BETWEEN THE STATE OF QUEENSLAND 16
and BHP COAL PTY LTD ACN 010 595 721 (formerly BHP 17
Australia Coal Pty Ltd) (formerly Utah Development 18
Company), a company duly incorporated according to law 19
and having its registered office at Level 13, Riverside 20
Centre, 123 Eagle Street, Brisbane, Queensland ("BHPC") 21
and MITSUBISHI DEVELOPMENT PTY LTD 22
ACN 009 779 873, a company duly incorporated according 23
to law and having its registered office at Level 43, Gateway, 24
s6 8 s6
Local Government and Other Legislation Amendment
Bill 2003
1 Macquarie Place, Sydney, New South Wales 1
("Mitsubishi") 2
and UMAL CONSOLIDATED PTY LTD ACN 000 767 386 3
(formerly Utah Mining Australia Limited), a company duly 4
incorporated according to law and having its registered 5
office at Level 13, Riverside Centre, 123 Eagle Street, 6
Brisbane, Queensland ("UCL") 7
and QCT INVESTMENT PTY LTD ACN 010 487 831, 8
a company duly incorporated according to law and having 9
its registered office at 410 Queen Street, Brisbane, 10
Queensland ("QCT Investment") 11
and QCT MINING PTY LTD ACN 010 487 840, a company 12
duly incorporated according to law and having its registered 13
office at 410 Queen Street, Brisbane, Queensland ("QCT 14
Mining") 15
and QCT MANAGEMENT LIMITED ACN 010 472 036, 16
a company duly incorporated according to law and having 17
its registered office at Level 43, Gateway, 1 Macquarie 18
Place, Sydney, New South Wales ("QCT Management") 19
and BHP QUEENSLAND COAL INVESTMENTS PTY 20
LTD ACN 098 876 825, a company duly incorporated 21
according to law and having its registered office at 22
Level 13, Riverside Centre, 123 Eagle Street, Brisbane. 23
Queensland ("BHPQ Investments") 24
and QCT RESOURCES LIMITED ACN 010 808 705, 25
a company duly incorporated according to law and having 26
its registered office at Level 43, Gateway, 1 Macquarie 27
Place, Sydney, New South Wales ("QCT Resources") 28
s6 9 s6
Local Government and Other Legislation Amendment
Bill 2003
RECITAL 1
QCT Management wishes to transfer its 6.69% interest in the benefits and 2
obligations under the agreement (including its 6.69% interest in its rights 3
to, or as the holder of, any lease, licence, easement, grant or other title 4
granted to it under the agreement) to its immediate holding company, 5
QCT Resources. 6
IT IS AGREED-- 7
`1 Definitions 8
In this agreement-- 9
"Act" means the Central Queensland Coal Associates Agreement Act 10
1968. 11
"the agreement" means the agreement as defined in section 1A of the Act. 12
`2 Amendment of the agreement 13
The parties agree that the agreement is amended as follows-- 14
(1) In part I, clause 2, definition "Companies"-- 15
omit, insert-- 16
` "Companies" means-- 17
(a) BHP Coal Pty Ltd; and 18
(b) Mitsubishi Development Pty Ltd; and 19
(c) Umal Consolidated Pty Ltd; and 20
(d) BHP Queensland Coal Investments Pty Ltd; and 21
(e) QCT Investment Pty Ltd; and 22
(f) QCT Mining Pty Ltd; and 23
(g) QCT Resources Limited.'. 24
(2) In part IX, clauses 11 and 12, `QCT Management Limited'-- 25
omit, insert-- 26
`QCT Resources Limited'.'. 27
s6 10 s6
Local Government and Other Legislation Amendment
Bill 2003
`3 When agreement takes effect 1
This agreement takes effect at 12.01 a.m. (Brisbane time) on 2
1 April 2003. 3
`4 Effect of agreement 4
The parties agree that on and from the date this agreement takes effect-- 5
(a) QCT Management is released and discharged from all the duties, 6
obligations and liabilities it has under the agreement to the extent 7
of its 6.69% interest assigned to QCT Resources but not 8
otherwise; and 9
(b) QCT Resources agrees to be bound by the agreement as if it had 10
been party to it; and 11
(c) the companies hold the interests in the operations carried on 12
under the agreement as follows-- 13
BHPC 40.75% 14
Mitsubishi 15.53% 15
UCL 0.75% 16
BHPQ Investments 8.50% 17
QCT Investment 12.00% 18
QCT Mining 15.78% 19
QCT Resources 6.69%. 20
SIGNED by the parties as follows .....'. 21
s7 11 s9
Local Government and Other Legislation Amendment
Bill 2003
PART 3--AMENDMENT OF CITY OF BRISBANE 1
ACT 1924 2
7 Act amended in pt 3
Clause 3
This part amends the City of Brisbane Act 1924. 4
8 Amendment of s 3A (Application of the Local Government Act)
Clause 5
(1) Section 3A(2), tenth dot point, after `15'-- 6
insert-- 7
`, other than sections 1114 and 1115'. 8
(2) Section 3A(2), after the tenth dot point-- 9
insert-- 10
`· chapter 17A'. 11
9 Amendment of s 80 (Limitation of increase in rate levied)
Clause 12
(1) Section 80(1)(a), from `full year'-- 13
omit, insert-- 14
`full year-- 15
(i) the amount of the rate levied for the previous financial year; 16
or 17
(ii) the amount of the rate levied for the previous financial year 18
increased by a stated percentage; or'. 19
(2) Section 80(1)(b), from `full year'-- 20
omit, insert-- 21
`full year-- 22
(i) the corresponding annual amount for the rate levied for the 23
previous financial year; or 24
(ii) the corresponding annual amount for the rate levied for the 25
previous financial year increased by a stated percentage.'. 26
s 10 12 s 10
Local Government and Other Legislation Amendment
Bill 2003
(3) Section 80-- 1
insert-- 2
`(3) In this section-- 3
"corresponding annual amount", for a rate levied for a previous financial 4
year for a period less than the full year, means the amount worked out 5
by-- 6
(a) reducing the amount of the rate levied for the previous financial 7
year to a daily amount; and 8
(b) multiplying the daily amount by 365.'. 9
10 Insertion of new pt 7
Clause 10
After part 6-- 11
insert-- 12
`PART 7--VALIDATION PROVISIONS 13
`138 Validation provision for Local Government and Other Legislation 14
Amendment Act 2003 15
`(1) This section applies if-- 16
(a) after 31 May 2003 but before the commencement of this section, 17
the council resolved to make and levy a rate for land on which 18
the rate levied for the previous financial year was for a period 19
less than the full year; and 20
(b) the council also resolved to limit the amount levied; and 21
(c) the resolution did not comply with section 80 as in force when 22
the resolution was made. 23
`(2) The resolution is as valid as it would have been if section 80, as in 24
force immediately after the commencement, had been in force on the day 25
the resolution was made.'. 26
s 11 13 s 14
Local Government and Other Legislation Amendment
Bill 2003
PART 4--AMENDMENT OF LOCAL GOVERNMENT 1
ACT 1993 2
11 Act amended in pt 4
Clause 3
This part amends the Local Government Act 1993. 4
12 Amendment of s 9 (Act applies only so far as expressly provided)
Clause 5
Section 9(2), tenth dot point, after `15'-- 6
insert-- 7
`, other than sections 1114 and 1115'. 8
13 Amendment of s 63 (Meaning of "owner" of land for pt 1)
Clause 9
(1) Section 63(1)(a)(i), (iv), (vi) and (viii)-- 10
omit. 11
(2) Section 63(1)(a)(iii), after `State'-- 12
insert-- 13
`, other than a lease granted under the Land Act 1994'. 14
(3) Section 63(1)(a)(v), after `regulation'-- 15
insert-- 16
`, other than a permit issued under the Land Act 1994'. 17
(4) Section 63(1)(a)(vii), `; or'-- 18
omit, insert-- 19
`; and'. 20
(5) Section 63(1)(a)(ii) to (vii)-- 21
renumber as section 63(1)(a)(i) to (iv). 22
14 Amendment of s 221 (General disqualifications)
Clause 23
(1) Section 221(1)(a), after `(Cwlth)'-- 24
insert-- 25
s 14 14 s 14
Local Government and Other Legislation Amendment
Bill 2003
`, or a corresponding law of another jurisdiction'. 1
(2) Section 221(1)(b) and (c), after `part X'-- 2
insert-- 3
`, or a corresponding law of another jurisdiction,'. 4
(3) Section 221(1)(d) to (f)-- 5
omit, insert-- 6
`(d) the person is subject to a term of imprisonment or detention, 7
periodic or otherwise; or 8
(e) the person has been convicted, and not pardoned, of treason, 9
sedition or sabotage under the law of Queensland, another State 10
or the Commonwealth; or 11
(f) for a candidate for an election, the person-- 12
(i) has, within 2 years before the day of nomination, been 13
convicted of an offence against the law of Queensland, 14
another State or the Commonwealth, and been sentenced to 15
more than 1 year's imprisonment; or 16
(ii) has, within 7 years before the day of nomination, been 17
convicted of an offence against-- 18
(A) for nomination as a councillor of the Brisbane City 19
Council--section 98C of the Criminal Code;1 or 20
(B) for nomination as a councillor of another local 21
government--section 385;2 or 22
(iii) has, within 10 years before the day of nomination, been 23
convicted of-- 24
(A) a disqualifying electoral offence; or 25
(B) an offence that would be a disqualifying electoral 26
offence, except that the conviction was recorded before 27
the commencement of the Electoral and Other Acts 28
Amendment Act 2002; or 29
(g) for a councillor, the person is convicted of-- 30
1 Section 98C (Bribery) of the Criminal Code
2 Section 385 (Bribery)
s 14 15 s 14
Local Government and Other Legislation Amendment
Bill 2003
(i) an offence against-- 1
(A) for a councillor of the Brisbane City Council-- 2
section 98C of the Criminal Code; or 3
(B) for a councillor of another local government-- 4
section 385; or 5
(ii) a disqualifying electoral offence; or 6
(h) the person is a member of an Australian Parliament; or 7
(i) the person is elected or appointed as mayor or a councillor of a 8
local government of another State.'. 9
(4) Section 221(2)-- 10
renumber as section 221(4). 11
(5) Section 221-- 12
insert-- 13
`(2) For subsection (1)(d), the circumstances in which a person is subject 14
to a term of imprisonment or detention-- 15
(a) include circumstances in which the person is released from the 16
term of imprisonment or detention on parole, home detention, 17
leave of absence or otherwise without being discharged from all 18
liability to serve all or part of the term; but 19
(b) do not include circumstances in which a person is subject to a 20
term of imprisonment but is at liberty because the term of 21
imprisonment has been suspended. 22
`(3) For subsection (1)(f)(i)-- 23
(a) the provision does not apply if the sentence of imprisonment is 24
suspended; but 25
(b) the provision applies if the person is ordered at any time to 26
actually serve more than 1 year of the suspended term of 27
imprisonment.'. 28
(6) Section 221(4), as renumbered-- 29
insert-- 30
` "corresponding law of another jurisdiction" means a corresponding 31
law of another jurisdiction, whether inside or outside Australia.'. 32
s 15 16 s 17
Local Government and Other Legislation Amendment
Bill 2003
15 Amendment of s 222 (Disqualification and vacation of office for
Clause 1
certain offences) 2
Section 222(1)-- 3
omit, insert-- 4
`(1) This section applies if a person is convicted of an offence against-- 5
(a) for the Brisbane City Council--section 98B, 98E or 98G(a) 6
or (b) of the Criminal Code;3 or 7
(b) for another local government--section 384, 399 or 401(a) or (b);4 8
or 9
(c) for all local governments--section 242, 244, 247 or 436.5'. 10
16 Amendment of s 224A (Councillor ceases to be councillor on
Clause 11
becoming candidate for an Australian Parliament) 12
(1) Section 224A, heading, `an Australian Parliament'-- 13
omit, insert-- 14
`the Legislative Assembly'. 15
(2) Section 224A(b)-- 16
omit. 17
17 Amendment of s 248 (Access to registers)
Clause 18
(1) Section 248(2)-- 19
omit, insert-- 20
`(2) A register of other persons' interests is not open to inspection other 21
than by-- 22
3 Section 98B (False or misleading information), 98E (Influencing voting) or 98G
(Voting if not entitled) of the Criminal Code
4 Section 384 (False, misleading or incomplete electoral documents), 399
(Influencing voting) or 401 (Voting if not entitled)
5 Section 242 (Requirements of councillors before acting in office), 244 (Exclusion
from meeting of councillor with material personal interest), 247 (Registers of
interests) or 436 (Offences about returns)
s 18 17 s 19
Local Government and Other Legislation Amendment
Bill 2003
(a) for the Brisbane City Council, each of the following persons 1
under the City of Brisbane Act 1924-- 2
(i) the mayor; 3
(ii) the leader of the opposition; 4
(iii) the chairperson of the council; and 5
(b) for another local government, the mayor; and 6
(c) for all local governments-- 7
(i) the chief executive officer; and 8
(ii) a person permitted by law to have access to information in 9
the register, or the person's agent.'. 10
(2) Section 248(6)(b)(i) and (ii)-- 11
omit, insert-- 12
`(i) for the Brisbane City Council--a person mentioned in 13
subsection (2)(a) or (c); or 14
(ii) for another local government--a person mentioned in 15
subsection (2)(b) or (c).'. 16
18 Amendment of s 392 (Responsibility for election matter)
Clause 17
Section 392(2)-- 18
omit, insert-- 19
`(2) The particulars are the name and address, other than a post office 20
box or facility, of the person who authorised the advertisement, handbill, 21
pamphlet or notice.'. 22
19 Insertion of new s 854AA
Clause 23
After section 854A-- 24
insert-- 25
`854AA No jurisdiction to make local laws and subordinate local laws 26
prohibiting placement of election signs or posters 27
`(1) A local government has no jurisdiction to make a local law or 28
subordinate local law prohibiting, in its area, the placement of election 29
s 20 18 s 21
Local Government and Other Legislation Amendment
Bill 2003
signs or posters for an election under this Act, the City of Brisbane Act 1
1924, the Electoral Act 1992 or the Commonwealth Electoral Act 1918 2
(Cwlth). 3
`(2) A local law or subordinate local law, to the extent it is contrary to 4
subsection (1), is of no effect. 5
`(3) In this section-- 6
"election signs or posters" means signs or posters that are able, or are 7
intended-- 8
(a) to influence a person about voting at an election; or 9
(b) to affect the result of an election.'. 10
20 Amendment of s 1036 (Limitation of increase in rate levied)
Clause 11
(1) Section 1036(1)(b), from `year--'-- 12
omit, insert-- 13
`year-- 14
(i) the corresponding annual amount for the rate levied for the 15
previous financial year; or 16
(ii) the corresponding annual amount for the rate levied for the 17
previous financial year increased by a stated percentage.'. 18
(2) Section 1036-- 19
insert-- 20
`(3) In this section-- 21
"corresponding annual amount", for a rate levied for a previous financial 22
year for a period less than the full year, means the amount worked out 23
by-- 24
(a) reducing the amount of the rate levied for the previous financial 25
year to a daily amount; and 26
(b) multiplying the daily amount by 365.'. 27
21 Amendment of s 1170 (Definitions)
Clause 28
(1) Section 1170, definition "local government entity", 29
paragraph (a)(iii), `; and'-- 30
s 22 19 s 22
Local Government and Other Legislation Amendment
Bill 2003
omit, insert-- 1
`; or'. 2
(2) Section 1170, definition "local government entity", paragraph (a)-- 3
insert-- 4
`(iv) helps a local government in exercising its jurisdiction; and'. 5
22 Insertion of new ch 19, pt 9
Clause 6
Chapter 19-- 7
insert-- 8
`PART 9--VALIDATION PROVISION FOR LOCAL 9
GOVERNMENT AND OTHER LEGISLATION 10
AMENDMENT ACT 2003 11
`1272 Validation for particular resolutions limiting increase in rate 12
levied 13
`(1) This section applies if-- 14
(a) after 31 May 2003 but before the commencement of this section, 15
a local government resolved to make and levy a rate for land on 16
which the rate levied for the previous financial year was for a 17
period less than the full year; and 18
(b) the local government also resolved to limit the amount levied; 19
and 20
(c) the resolution did not comply with section 1036 as in force when 21
the resolution was made. 22
`(2) The resolution is as valid as it would have been if section 1036, as in 23
force immediately after the commencement, had been in force on the day 24
the resolution was made.'. 25
s 23 20 s 24
Local Government and Other Legislation Amendment
Bill 2003
PART 5--AMENDMENT OF WORKERS' 1
COMPENSATION AND REHABILITATION ACT 2003 2
23 Act amended in pt 5
Clause 3
This part amends the Workers' Compensation and Rehabilitation 4
Act 2003. 5
24 Insertion of new ch 2, pt 4, div 1A
Clause 6
After section 68-- 7
insert-- 8
`Division 1A--Local government self-insurers 9
`68A Self-insurance for local governments 10
`(1) A local government self-insurer may, under the self-insurer's 11
licence, also cover persons who are councillors of a local government. 12
`(2) A local government self-insurer must, when advising councillors of 13
the cover, also advise the Authority of the cover. 14
`68B Entitlements of local government councillors 15
`(1) If a local government self-insurer's licence covers councillors, the 16
following persons are entitled to compensation for injury as provided by 17
this section-- 18
(a) if the local government self-insurer is a single local 19
government--a person who is a councillor of the local 20
government; 21
(b) if the local government self-insurer is a local government group 22
employer--a person who is a councillor of the local government 23
that is a member of the local government group employer. 24
`(2) A person who is a councillor of a local government is entitled under 25
the licence to compensation from the local government for injury sustained 26
by the person while-- 27
(a) attending meetings of the local government; or 28
s 25 21 s 25
Local Government and Other Legislation Amendment
Bill 2003
(b) performing any other duty of office as a councillor. 1
`(3) The person has, subject to this section-- 2
(a) an entitlement to weekly payments of compensation under 3
chapter 3, part 9, division 4, subdivision 3 and division 5, 4
subdivision 1;6 and 5
(b) for all other entitlements--the same entitlements to 6
compensation as a worker. 7
`(4) The person is not covered for payment of damages for injury 8
sustained by the person. 9
`(5) In the application of the definition "injury" to the person-- 10
(a) the activity mentioned in subsection (2)(a) or (b) is taken to be 11
the person's employment; and 12
(b) the local government of which the person is a councillor is taken 13
to be the person's employer. 14
`68C Local government self-insurer's liability for injury to councillors 15
`If a local government self-insurer's licence covers councillors, the only 16
liability the self-insurer has under the licence in relation to a councillor is 17
the liability to pay the compensation to which a councillor is entitled under 18
section 68B for the total of the accrued, continuing, future and contingent 19
liabilities for all injuries sustained, during the period of the licence, by the 20
councillor in the circumstances mentioned in section 68B.'. 21
25 Insertion of new s 73A
Clause 22
After section 73-- 23
insert-- 24
6 Chapter 3, (Compensation), part 9 (Weekly payment of compensation), division 4
(Entitlement for total incapacity), subdivision 3 (Persons entitled to compensation
other than workers, students and eligible persons) and division 5 (Entitlement for
partial incapacity), subdivision 1 (Persons entitled to compensation other than
eligible persons)
s 26 22 s 28
Local Government and Other Legislation Amendment
Bill 2003
`73A Calculation of the number of fulltime workers for local 1
government self-insurers 2
`To remove any doubt, it is declared that if a local government 3
self-insurer's licence covers councillors, the number of ordinary time hours 4
worked by a councillor is not to be taken into account for section 73(1).'. 5
26 Insertion of new s 92A
Clause 6
After section 92-- 7
insert-- 8
`92A Powers of local government self-insurers 9
`(1) If a local government self-insurer's licence covers councillors, the 10
self-insurer has, in relation to councillors, the functions and powers set out 11
in section 92(1)(a)(i), (ii) and (iv). 12
`(2) Section 92(4), (5), (7) and (8) also applies to the self-insurer.'. 13
27 Insertion of new s 93A
Clause 14
After section 93-- 15
insert-- 16
`93A Documents that must be kept by local government self-insurers 17
`If a local government self-insurer's licence covers councillors, 18
section 93 applies to the self-insurer as if a reference in section 93(1)(a) to 19
a worker were a reference to a councillor.'. 20
PART 6--MINOR AND CONSEQUENTIAL 21
AMENDMENTS 22
28 Minor and consequential amendments of Acts
Clause 23
The schedule amends the Acts it mentions. 24
23
Local Government and Other Legislation Amendment
Bill 2003
SCHEDULE 1
MINOR AND CONSEQUENTIAL AMENDMENTS 2
section 28 3
CITY OF BRISBANE ACT 1924 4
1 Section 2, `In this Act--'-- 5
omit, insert-- 6
`The dictionary in schedule 2 defines particular words used in this Act.'. 7
2 Section 2, definitions-- 8
relocate to schedule 2, as inserted by this Act. 9
3 Sections 25C(1) and (3) and 25D(1), (2), (6) and (8), `schedule 3'-- 10
omit, insert-- 11
`schedule 1'. 12
4 Section 133, heading-- 13
omit, insert-- 14
`133 Regulation-making power'. 15
5 Schedule 3-- 16
renumber as schedule 1. 17
24
Local Government and Other Legislation Amendment
Bill 2003
SCHEDULE (continued)
6 After schedule 1, as renumbered by this Act-- 1
insert-- 2
`SCHEDULE 2 3
`DICTIONARY 4
section 2'. 5
LOCAL GOVERNMENT ACT 1993 6
1 Section 157(2)(d), after `operational plan'-- 7
insert-- 8
`or a revenue policy'. 9
2 Section 1180(3), after `regulated'-- 10
insert-- 11
`superannuation'. 12
25
Local Government and Other Legislation Amendment
Bill 2003
SCHEDULE (continued)
LOCAL GOVERNMENT (CHINATOWN AND THE 1
VALLEY MALLS) ACT 1984 2
1 Section 45, heading-- 3
omit, insert-- 4
`45 Regulation-making power'. 5
LOCAL GOVERNMENT (QUEEN STREET MALL) 6
ACT 1981 7
1 Section 39, heading-- 8
omit, insert-- 9
`39 Regulation-making power'. 10
WORKERS' COMPENSATION AND REHABILITATION 11
ACT 2003 12
1 Section 12(1)(a), `division 5;3'-- 13
insert-- 14
`division 5, subdivision 1;7'. 15
7 Chapter 3, (Compensation), part 9 (Weekly payment of compensation), division 4
(Entitlement for total incapacity), subdivision 3 (Persons entitled to compensation
other than workers, students and eligible persons) and division 5 (Entitlement for
partial incapacity), subdivision 1 (Persons entitled to compensation other than
eligible persons)
26
Local Government and Other Legislation Amendment
Bill 2003
SCHEDULE (continued)
2 Section 16, heading-- 1
omit, insert-- 2
`16 Local government, statutory or industrial body member'. 3
3 Section 16(3), `member.'-- 4
omit, insert-- 5
`member.8'. 6
4 Section 20, heading, after `persons'-- 7
insert-- 8
`mentioned'. 9
5 Section 20(1)(a), `division 5;5'-- 10
insert-- 11
`division 5, subdivision 1; '.
9
12
6 Section 89(2)(b)-- 13
omit, insert-- 14
`(b) satisfactory arrangements have been made in relation to the total 15
liability of the member or members leaving.'. 16
8 A local government councillor can also be covered by a self-insurer's licence--see
chapter 2 (Employer's obligations), part 4 (Employer's self-insurance), division 1A
(Local government self-insurers)
9 Chapter 3, (Compensation), part 9 (Weekly payment of compensation), division 4
(Entitlement for total incapacity), subdivision 3 (Persons entitled to compensation
other than workers, students and eligible persons) and division 5 (Entitlement for
partial incapacity), subdivision 1 (Persons entitled to compensation other than
eligible persons)
27
Local Government and Other Legislation Amendment
Bill 2003
SCHEDULE (continued)
7 Section 75(2)(e), after `section 92'-- 1
insert-- 2
`or 92A'. 3
8 Section 79(4)(b), after `section 92'-- 4
insert-- 5
`or 92A'. 6
9 Section 84(6), definition "estimated claims liability", 7
paragraph (a)(ii), after `section'-- 8
insert-- 9
`68C or'. 10
10 Section 88, before `group employer'-- 11
insert-- 12
`self-insurer that is a'. 13
11 Section 99(a), after `section 92'-- 14
insert-- 15
`or 92A'. 16
12 Section 100(2), after `section 92'-- 17
insert-- 18
`or 92A'. 19
28
Local Government and Other Legislation Amendment
Bill 2003
SCHEDULE (continued)
13 Section 101(1)(b)(i)-- 1
omit, insert-- 2
`(i) pays compensation or damages for which a self-insurer is 3
liable under section 68C or 87;10 or'. 4
14 Section 102(2) and (6), `section'-- 5
omit, insert-- 6
`sections 68C and'. 7
15 Section 576(3), after `section 92'-- 8
insert-- 9
`or 92A'. 10
16 Section 422, `(4)', second mention-- 11
omit, insert-- 12
`(5)'. 13
17 Section 581, after `section 92'-- 14
insert-- 15
`or 92A'. 16
18 Section 607, `is'-- 17
omit, insert-- 18
`in'. 19
10 Section 68C (Local government self-insurer's liability for injury to councillors)
or 87 (Self-insurer replaces WorkCover in liability for injury)
29
Local Government and Other Legislation Amendment
Bill 2003
SCHEDULE (continued)
19 Schedule 6, definition "total liability"-- 1
omit. 2
20 Schedule 6-- 3
insert-- 4
` "councillor" has the meaning given by the Local Government Act 1993. 5
"local government group employer" means a group employer whose 6
members are all local governments. 7
"local government self-insurer" means a self-insurer that is a single local 8
government or a local government group employer. 9
"total liability", for chapter 2, part 4, means the total of the following-- 10
(a) residual liability; 11
(b) outstanding liability; 12
(c) any liability under section 68C.'. 13
© State of Queensland 2003
AMENDMENTS TO BILL
1
Local Government and Other Legislation Amendment
Bill 2003
LOCAL GOVERNMENT AND OTHER
LEGISLATION AMENDMENT BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 24--
At page 20, lines 10 to 28 and page 21, lines 1 to 14--
omit, insert--
` `68A Self-insurance for local governments
`(1) A local government self-insurer may, under the self-insurer's
licence, also cover councillors of a local government.
`(2) If councillors of a local government are covered under a local
government self-insurer's licence, each councillor of the local government
is covered under the licence.
`(3) A local government self-insurer must, when advising councillors of
its decision to cover them, also advise the Authority of the decision.
`68B Entitlements of local government councillors
`(1) A councillor covered under a local government's self-insurer's
licence is entitled under the licence to compensation from the local
government to which the councillor is elected or appointed for injury
sustained by the councillor while--
(a) attending meetings of the local government; or
(b) performing any other duty of office as a councillor.
`(2) The councillor has, subject to this section--
(a) an entitlement to weekly payments of compensation under
chapter 3, part 9, division 4, subdivision 3 and division 5,
subdivision 1;1 and
(b) for all other entitlements--the same entitlements to
compensation as a worker.
2
Local Government and Other Legislation Amendment
Bill 2003
`(3) The councillor is not covered for payment of damages for injury
sustained by the councillor.
`(4) In the application of the definition "injury" to the councillor--
(a) the activity mentioned in subsection (1)(a) or (b) is taken to be
the councillor's employment; and
(b) the local government to which the councillor is elected or
appointed is taken to be the councillor's employer.'.
2 Clause 26--
At page 22, line 13, `, (5), (7) and'--
omit, insert--
`to'.
© State of Queensland 2003
1 Chapter 3 (Compensation), part 9 (Weekly payment of compensation), division 4
(Entitlement for total incapacity), subdivision 3 (Persons entitled to compensation
other than workers, students and eligible persons) and division 5 (Entitlement for
partial incapacity), subdivision 1 (Persons entitled to compensation other than
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