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Queensland
CORRECTIVE SERVICES
(ADMINISTRATION)
AMENDMENT BILL 1994
Queensland
CORRECTIVE SERVICES
(ADMINISTRATION) AMENDMENT
BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF CORRECTIVE SERVICES
(ADMINISTRATION) ACT 1988
3 Act amended in Pt 2 and Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 9 (Constitution of Commission) . . . . . . . . . . . . . . . . . . . . . 4
5 Replacement of ss 10-16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
10 Commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
11 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
12 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Omission of ss 46-50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 3--AMENDMENT OF PUBLIC SECTOR MANAGEMENT
COMMISSION ACT 1990
7 Act amended in Pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Amendment of s 1.3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Amendment of s 5.3 (Appeals against certain administrative actions) . . . . 7
10 Amendment of s 5.9 (Jurisdiction of Industrial Commission) . . . . . . . . . . . 8
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 9
MINOR AND CONSEQUENTIAL AMENDMENTS
1994
A BILL
FOR
An Act to amend the Corrective Services (Administration) Act 1988
4
Corrective Services (Administration)
Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
This Act may be cited as the Corrective Services (Administration) 4
Clause1.
Amendment Act 1994. 5
6
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 7
ART 2--AMENDMENT OF CORRECTIVE 8
P
SERVICES (ADMINISTRATION) ACT 1988 9
amended in Pt 2 and Schedule 10
Act
This Part and the Schedule amend the Corrective Services 11
Clause3.
(Administration) Act 1988. 12
of s 9 (Constitution of Commission) 13
Amendment
Section 9-- 14
Clause4.
insert-- 15
`(4) The Commission is a unit of the public sector within the meaning of 16
the Public Sector Management Commission Act 1990.'. 17
of ss 10-16 18
Replacement
Sections 10 to 16-- 19
Clause5.
5
Corrective Services (Administration)
Amendment
omit, insert-- 1
2
`Commissioners
`10.(1) The Commission consists of the following commissioners-- 3
(a) the chairperson; 4
(b) the deputy chairperson; 5
(c) 6 other commissioners. 6
`(2) The commissioners are to be appointed by the Governor in Council. 7
`(3) In deciding whether to appoint a person, the Governor in Council 8
must have regard to the person's expertise in matters relevant to, or 9
experience relevant to, the functions of the Commission. 10
`(4) The Governor in Council may appoint a person to act as a 11
commissioner during any period, or all periods, when the commissioner is 12
absent or cannot, for another reason, perform the duties of the office. 13
`(5) On the commencement of this section, the commissioners holding 14
office go out of office. 15
`(6) The vacation of office under subsection (5) does not give rise to a 16
right to compensation. 17
`(7) Subsections (5) and (6) and this subsection expire on the day they 18
commence. 19
of appointment 20
`Duration
`11.(1) A commissioner is to be appointed for a term of not longer than 21
3 years. 22
`(2) The office of a commissioner becomes vacant if the 23
commissioner-- 24
(a) dies; or 25
(b) resigns by signed notice given to the Minister; or 26
(c) is absent from 3 consecutive meetings of the Commission 27
without the Commission's leave and without reasonable excuse; 28
or 29
6
Corrective Services (Administration)
Amendment
(d) is found guilty of an indictable offence or an offence against this 1
Act or the Corrective Services Act 1988; or 2
(e) becomes employed by, or a contractor of, the Commission; or 3
(f) is removed from office under subsection (3). 4
`(3) The Governor in Council may remove a commissioner from office 5
if the commissioner-- 6
(a) engages in misbehaviour; or 7
(b) becomes incapable of performing the duties of a commissioner 8
because of physical or mental incapacity; or 9
(c) is incompetent; or 10
(d) does anything else that, in the Governor in Council's opinion, is a 11
reasonable and adequate justification for removal from office. 12
`(4) The Governor in Council may remove all or any commissioners 13
from office if the Commission does not comply with a direction of the 14
Minister given under section 23. 15
and allowances 16
`Fees
`12. The commissioners are entitled to be paid by the Commission the 17
fees and allowances decided by the Governor in Council.'. 18
of ss 46-50 19
Omission
Sections 46 to 50-- 20
Clause6.
omit. 21
ART 3--AMENDMENT OF PUBLIC SECTOR 22
P
MANAGEMENT COMMISSION ACT 1990 23
7
Corrective Services (Administration)
Amendment
amended in Pt 3 1
Act
This Part amends the Public Sector Management Commission Act 2
Clause7.
1990. 3
of s 1.3 (Interpretation) 4
Amendment
Section 1.3(1)-- 5
Clause8.
insert-- 6
` "disciplinary law" means-- 7
(a) the Public Service Management and Employment Act 1988; or 8
(b) a disciplinary provision of an award, industrial agreement, 9
certified agreement or enterprise flexibility agreement; or 10
(c) a law prescribed by regulation; 11
"law" includes an unwritten law;'. 12
of s 5.3 (Appeals against certain administrative actions) 13
Amendment
Section 5.3(1)(b)-- 14
Clause9.(1)
omit, insert-- 15
`(b) all disciplinary action taken under a disciplinary law other than 16
dismissal;'. 17
(2) Section 5.3(2)(b), `officer of the public service aggrieved'-- 18
omit, insert-- 19
`eligible public sector employee dissatisfied'. 20
(3) Section 5.3-- 21
insert-- 22
`(4A) If an eligible public sector employee is not an officer of the public 23
service, this section applies with all necessary changes and any changes 24
prescribed by regulation.'. 25
(4) Section 5.3(5), definition "eligible public sector employee"-- 26
8
Corrective Services (Administration)
Amendment
omit, insert-- 1
` "eligible public sector employee" means-- 2
(a) in subsection (2)(b)--an officer of the public service or a person 3
prescribed by regulation; 4
(b) otherwise--a public sector employee (other than a temporary 5
employee) who holds a position for which selection must be 6
made under a prescribed standard;'. 7
of s 5.9 (Jurisdiction of Industrial Commission) 8
Amendment
Clause10.(1) Section 5.9(4)(a)-- 9
omit, insert-- 10
`(a) an application for reinstatement by a person who has been 11
dismissed under a disciplinary law;'. 12
(2) Section 5.9(5)-- 13
omit, insert-- 14
`(5) In addition to the powers conferred on it by the Industrial Relations 15
Act 1990, the Industrial Commission in exercising the jurisdiction conferred 16
on it by subsection (4)-- 17
(a) after reviewing disciplinary action taken against a person under a 18
disciplinary law, may-- 19
(i) instead of the punishment imposed by the disciplinary 20
authority concerned, substitute any other lawful punishment 21
the Industrial Commission considers should have been 22
imposed; or 23
(ii) remit the matter to the disciplinary authority concerned for 24
further consideration with the recommendations or 25
directions it considers appropriate; 26
(b) by subsection (4)(a), on ordering the reinstatement of a person 27
dismissed, may decide the extent to which the person should lose 28
salary for the time between dismissal and reinstatement.'. 29
(4) Section 5.9-- 30
9
Corrective Services (Administration)
Amendment
insert-- 1
`(7) This section applies to a public sector employee who is not an officer 2
of the public service with all necessary changes and any changes prescribed 3
by regulation.'. 4
5
10
Corrective Services (Administration)
Amendment
CHEDULE 1
¡S
INOR AND CONSEQUENTIAL AMENDMENTS 2
M
section 3 3
1. Section 6-- 4
insert-- 5
` "appointed day" means 15 December 1988;'. 6
2. Section 6, definition "community corrections", paragraph (d), 7
`order in council'-- 8
omit, insert-- 9
`regulation'. 10
3. Section 7-- 11
omit. 12
4. Section 20(5)-- 13
omit. 14
5. Section 24-- 15
omit, insert-- 16
`Times and places of meetings 17
`24.(1) Meetings of the Commission are to be held at the times and 18
places it decides. 19
`(2) However, the Commission must meet at least once every month. 20
`(3) The chairperson-- 21
11
Corrective Services (Administration)
Amendment
SCHEDULE (continued)
(a) may at any time call a meeting of the commission; and 1
(b) must call a meeting if asked by 3 commissioners.'. 2
6. Section 31-- 3
omit. 4
7. Section 32(5) (2nd sentence)-- 5
omit, insert-- 6
`Maximum penalty--10 penalty units.'. 7
8. Section 61(3), `order in council'-- 8
omit, insert-- 9
`regulation'. 10
9. Section 71, from `The Governor' to `with respect to--'-- 11
omit, insert-- 12
`71.(1) The Governor in Council may make regulations under this Act. 13
`(2) A regulation may make provision with respect to--'. 14
10. Section 71(d) to (f)-- 15
omit, insert-- 16
`(d) all matters that, in the Governor in Council's opinion, are 17
necessary or convenient to be prescribed for the proper exercise 18
and discharge by the Commission of its functions and powers.'. 19
20
© State of Queensland 1994
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