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This is a Bill, not an Act. For current law, see the Acts databases.


JUSTICE AND COMMUNITY SAFETY LEGISLATION AMENDMENT BILL 2014 (NO 2)

2014

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Justice and Community Safety Legislation Amendment Bill 2014 (No 2)



Contents

Page



















Part 1.1ACT Teacher Quality Institute Act 201012

Part 1.2Adoption Regulation 199312

Part 1.3Children and Young People Act 200813

Part 1.4Construction Occupations (Licensing) Act 200414

Part 1.5Crimes (Forensic Procedures) Act 200014

Part 1.6Crimes (Surveillance Devices) Act 201015

Part 1.7Government Procurement Act 200115

Part 1.8Health (National Health Funding Pool and Administration) Act 201316

Part 1.9Heavy Vehicle National Law (ACT) Act 201316

Part 1.10Information Privacy Act 201417

Part 1.11Legislation Act 200118

Part 1.12Planning and Development Act 200718

Part 1.13Racing Act 199919

Part 1.14Residential Tenancies Act 199719

Part 1.15Retirement Villages Regulation 201320

Part 1.16Road Transport (Driver Licensing) Act 199920

Part 1.17Road Transport (Driver Licensing) Regulation 200021

Part 1.18Road Transport (General) Act 199921

Part 1.19Road Transport (Public Passenger Services) Act 200122

Part 1.20Road Transport (Public Passenger Services) Regulation 200222

Part 1.21Road Transport (Vehicle Registration) Act 199923

Part 1.22Security Industry Regulation 200324

Part 1.23Unit Titles (Management) Act 201125

Part 1.24Utilities Act 200025

2014

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Justice and Community Safety Legislation Amendment Bill 2014 (No 2)

A Bill for

An Act to amend legislation about justice and community safety, and for other purposes









The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Justice and Community Safety Legislation Amendment Act 2014 (No 2).

2 Commencement

This Act commences on the 7th day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the following legislation:

Administration and Probate Act 1929

Agents Act 2003

Family Provision Act 1969

Human Rights Commission Act 2005

Powers of Attorney Act 2006

Public Trustee Act 1985

.

Note This Act also amends other legislation (see sch 1).

Part 2 Administration and Probate Act 1929

4 Distribution of assets

Section 64 (1), new note

insert

Note If a form is approved under the Court Procedures Act 2004

, s 8 for this provision, the form must be used.

5 New section 126

in part 9, insert

126 People entitled to inspect will of deceased person

(1) A person who has possession or control of a deceased person’s will must, on request in writing by an interested person, allow the interested person to inspect, or be given copies of, the will or any copies of the will in the person’s possession or control.

(2) The interested person must bear any cost of a request under subsection (1).

(3) In this section:

interested person, in relation to a deceased person’s will, means any of the following:

(a) a person named or referred to in the will, including a person who is a beneficiary under the will;

(b) a person named in an earlier will as a beneficiary under the will;

(c) a domestic partner or child of the deceased person;

Note Domestic partnersee the Legislation Act

, s 169.

(d) a parent or guardian of the deceased person;

(e) a parent or guardian of a person younger than 18 years old who is a beneficiary under the will;

(f) a parent or guardian of a person younger than 18 years old who would be entitled to a share of the estate if the deceased person had died intestate;

(g) a person who would be entitled to a share of the estate if the deceased person had died intestate;

(h) a person who, immediately before the death of the deceased person, was a guardian or manager for the person under the Guardianship and Management of Property Act 1991

;

(i) an attorney under an enduring power of attorney made by the deceased person.

will includes a revoked will, an informal will or a codicil.

6 Dictionary, note 2

insert

• domestic partner (see s 169 (1))

Part 3 Agents Act 2003

7 Real estate salespeople must be registered

Section 45 (1) (b)

omit

pretends to be employed

substitute

is, or pretends to be, employed

8 New section 45 (3)

insert

(3) This section does not apply to the provision of a service by a person who is licensed to provide the service.

9 Stock and station salespeople must be registered

Section 46 (1) (b)

omit

pretends to be employed

substitute

is, or pretends to be, employed

10 New section 46 (3)

insert

(3) This section does not apply to the provision of a service by a person who is licensed to provide the service.

11 Business salespeople must be registered

Section 47 (1) (b)

omit

pretends to be employed

substitute

is, or pretends to be, employed

12 New section 47 (3)

insert

(3) This section does not apply to the provision of a service by a person who is licensed to provide the service.

13 If no trust money held during audit period

Section 116

omit

Part 4 Family Provision Act 1969

14 Property available for provision

Section 20 (2) (b) (i)

omit

12 months

substitute

6 months

Part 5 Human Rights Commission Act 2005

15 Third-party reports

Section 83 (1) and example and note

substitute

(1) The commission may give a third party a report (a third-party report) other than a final report if, in considering a complaint, the commission is satisfied—

(a) that—

(i) the third party has acted inconsistently with an applicable standard that applies to the third party, or is otherwise failing to adequately do something the third party is required to do; or

Note Applicable standard—see the dictionary.

(ii) the report is about matters of public policy; or

(iii) the report is about matters that the third party has an appropriate interest in; and

(b) that it is in the public interest to give the report.

Examples—people to whom third-party report may be given

1 a Minister

2 a non-government provider

3 the employer of the person complained about

4 a health profession board

5 a hospital or other institution where services are provided by the person complained about

6 a funding body

Examples—what third-party report may be about

1 systemic issues

2 issues of public interest

3 issues relating to safety

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

16 Section 83 (2) and (3)

omit

recommendation

substitute

third-party report

17 Information about complaints

Section 95 (2)

after

must provide information

insert

in a prominent position

Part 6 Powers of Attorney Act 2006

18 Appointment of attorneys

Section 13 (3)

substitute

(3) However, an adult must not, by a power of attorney, appoint a person younger than 18 years old as an attorney.

Part 7 Public Trustee Act 1985

19 New section 66

in part 7, insert

66 Public trustee may require information or documents

(1) The public trustee may, by written notice given to any entity (other than an individual), require the entity to give the public trustee stated information or documents relevant to the exercise of the public trustee’s functions under this Act or another territory law.

(2) The notice must state a reasonable period (not less than 14 days) within which the information or documents must be given.

Schedule 1 Information Privacy Act 2014—Consequential amendments

(see s 3)

Part 1.1 ACT Teacher Quality Institute Act 2010

[1.1] Section 42 (3), note

substitute

Note The Territory privacy principles (the TPPs) apply to the institute (see Information Privacy Act 2014

, sch 1). The TPPs deal with the collection, storage and exchange of personal information.

Part 1.2 Adoption Regulation 1993

[1.2] Section 21

substitute

21 Private adoption agencies not to breach Territory privacy principles

(1) A private adoption agency commits an offence if it does something that would, if it were a public sector agency for the Information Privacy Act 2014

, breach a Territory privacy principle within the meaning of that Act.

Maximum penalty: 5 penalty units.

Note The Territory privacy principles (the TPPs) are contained in the Information Privacy Act 2014

, sch 1. The TPPs deal with the following issues:

(a) open and transparent management of personal information;

(b) anonymity and pseudonymity;

(c) collection of solicited personal information;

(d) dealing with unsolicited personal information;

(e) notification of the collection of personal information;

(f) use or disclosure of personal information;

(g) cross-border disclosure of personal information;

(h) quality of personal information;

(i) security of personal information;

(j) access to personal information;

(k) correction of personal information.

(2) An offence against this section is a strict liability offence.

Part 1.3 Children and Young People Act 2008

[1.3] Section 280 (5), definition of protected mail, paragraph (e)

substitute

(e) the information privacy commissioner;

[1.4] Section 875 (2), examples

insert

Information Privacy Act 2014

[1.5] Dictionary, note 2

insert

• information privacy commissioner

[1.6] Dictionary, note 2

omit

• privacy commissioner

Part 1.4 Construction Occupations (Licensing) Act 2004

[1.7] Section 102 (1), note 1

substitute

Note 1 The Territory privacy principles apply to the registrar (see Information Privacy Act 2014

, sch 1).

Part 1.5 Crimes (Forensic Procedures) Act 2000

[1.8] Section 96 (2) (g)

substitute

(g) the purpose of investigation of a complaint by the information privacy commissioner (or someone who has corresponding functions under the law of another participating jurisdiction).

[1.9] Section 96 (3) (d)

substitute

(d) the information privacy commissioner;

[1.10] Section 111 (2) (h)

substitute

(h) the purpose of investigation of a complaint by the information privacy commissioner (or someone who has corresponding functions under the law of another participating jurisdiction).

[1.11] Dictionary, note 2

insert

• information privacy commissioner

[1.12] Dictionary, note 2

omit

• privacy commissioner

Part 1.6 Crimes (Surveillance Devices) Act 2010

[1.13] Section 34 (7) (h)

substitute

(h) an investigation under the Information Privacy Act 2014

or another law of the Territory, a participating jurisdiction or the Commonwealth concerning the privacy of personal information.

Part 1.7 Government Procurement Act 2001

[1.14] Section 35 (1), note 1

substitute

Note 1 The Territory privacy principles apply to a Territory entity.

[1.15] Section 35 (4), definition of personal information

substitute

personal information—see the Information Privacy Act 2014

, section 8.

[1.16] Section 41, note 2

substitute

Note 2 The Territory privacy principles under the Information Privacy Act 2014

provide for the disclosure of personal information in certain circumstances.

Part 1.8 Health (National Health Funding Pool and Administration) Act 2013

[1.17] New section 31 (ba)

insert

(ba) the Information Privacy Act 2014

;

Part 1.9 Heavy Vehicle National Law (ACT) Act 2013

[1.18] New section 9 (1) (ca)

insert

(ca) the Information Privacy Act 2014

;

[1.19] Section 9 (1), note

substitute

Note The Freedom of Information Act 1989

does not apply to the Regulator and the Board (see Freedom of Information Regulation 1991

, s 2B).

Part 1.10 Information Privacy Act 2014

[1.20] Section 9 (f)

substitute

(f) ACTTAB Limited; or

[1.21] New section 24 (ca)

insert

(ca) ACTEW Corporation Limited, ACTEW Distribution Ltd or ACTEW Retail Ltd;

[1.22] Section 25 (1) (c)

omit

other than an act done, or a practice engaged in, by the Office

[1.23] Schedule 1, part 1.5, principle 12.4 (a)

omit

or

substitute

and

[1.24] Schedule 1, part 1.5, principle 13.5 (a)

omit

or

substitute

and

[1.25] Dictionary, note 2

omit

• territory-owned corporation

Part 1.11 Legislation Act 2001

[1.26] Dictionary, part 1, new definition of information privacy commissioner

insert

information privacy commissioner means the Information Privacy Commissioner appointed under the Information Privacy Act 2014

, section 26.

[1.27] Dictionary, part 1, definition of privacy commissioner

omit

Part 1.12 Planning and Development Act 2007

[1.28] Section 395B (1), note 1

substitute

Note 1 The Territory privacy principles apply to the planning and land authority (see Information Privacy Act 2014

, sch 1).

Part 1.13 Racing Act 1999

[1.29] Section 61W (1)

substitute

(1) This section applies to a relevant controlling body if neither of the following applies to the body:

(a) the Information Privacy Act 2014

, schedule 1 (Territory privacy principles) (the TPPs);

(b) the Privacy Act 1988

(Cwlth), schedule 1 (Australian Privacy Principles) (the APPs).

[1.30] Section 61W (2) and (3)

omit

NPPs

substitute

APPs

Part 1.14 Residential Tenancies Act 1997

[1.31] Section 97 (1) (b)

omit

national privacy principles

substitute

Territory privacy principles or Australian Privacy Principles

[1.32] Section 97 (4)

substitute

(4) In this section:

Australian Privacy Principles means the principles stated in the Privacy Act 1988

(Cwlth), schedule 1.

Territory privacy principles means the principles stated in the Information Privacy Act 2014

, schedule 1.

Part 1.15 Retirement Villages Regulation 2013

[1.33] Sections 22 (3) and 33 (d)

omit

National Privacy Principles

substitute

Australian Privacy Principles

Part 1.16 Road Transport (Driver Licensing) Act 1999

[1.34] Section 9, note 1

substitute

Note 1 The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014

, sch 1).

[1.35] Section 36 (1), note

substitute

Note The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014

, sch 1).

[1.36] Section 37 (1), note 1

substitute

Note 1 The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014

, sch 1).

[1.37] Section 38 (1), note

substitute

Note The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014

, sch 1).

Part 1.17 Road Transport (Driver Licensing) Regulation 2000

[1.38] Section 73ZZD (1), note

substitute

Note The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014

, sch 1).

Part 1.18 Road Transport (General) Act 1999

[1.39] Section 83E, note 1

substitute

Note 1 The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014

, sch 1).

Part 1.19 Road Transport (Public Passenger Services) Act 2001

[1.40] Section 7, note 1

substitute

Note 1 The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014

, sch 1).

Part 1.20 Road Transport (Public Passenger Services) Regulation 2002

[1.41] Section 31, note 2

substitute

Note 2 In collecting personal information, the accredited operator may also have to comply with the Australian Privacy Principles under the Privacy Act 1988

(Cwlth) or the Territory privacy principles under the Information Privacy Act 2014

.

[1.42] Section 32 (5), note

substitute

Note The accredited operator may also have to comply with the Australian Privacy Principles under the Privacy Act 1988

(Cwlth) or the Territory privacy principles under the Information Privacy Act 2014

about the collection, storage, use and disclosure of the recordings.

[1.43] Section 68 (2), note 1

substitute

Note 1 The Privacy Act 1988

(Cwlth) imposes obligations on some private sector organisations and the Information Privacy Act 2014

imposes obligations on public sector agencies in relation to the collection, storage, use and disclosure of personal information collected about an individual.

[1.44] Section 79 (5), note etc

omit

National Privacy Principles

substitute

Australian Privacy Principles

in

• section 79 (5), note

• section 103, note

• section 189 (1), note

• section 194 (6), note

• section 259 (1), note 2

• section 264 (5), note

Part 1.21 Road Transport (Vehicle Registration) Act 1999

[1.45] Section 11, note 1

substitute

Note 1 The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014

, sch 1).

Part 1.22 Security Industry Regulation 2003

[1.46] Section 16 (1)

substitute

(1) This section applies to a master licensee if neither of the following applies to the licensee:

(a) the Information Privacy Act 2014

, schedule 1 (Territory privacy principles) (the TPPs), TPP 6 (use or disclosure of personal information);

(b) the Privacy Act 1988

(Cwlth), schedule 1, Australian Privacy Principle 6 (use or disclosure of personal information).

[1.47] Section 16 (2)

omit

schedule 3, national privacy principle 2,

substitute

schedule 1, Australian Privacy Principle 6,

[1.48] Section 16 (3)

omit

national privacy principle 2

substitute

Australian Privacy Principle 6

Part 1.23 Unit Titles (Management) Act 2011

[1.49] Section 113 (2), note etc

omit

national privacy principles

substitute

Australian Privacy Principles

in

• section 113 (2), note

• section 116 (4), note 1

• schedule 2, part 2.1, section 2.1 (1) (f), note

Part 1.24 Utilities Act 2000

[1.50] Section 51

substitute

51 Protection of personal information

(1) This section applies to personal information gained by a utility in relation to the provision of a utility service.

(2) A utility must deal with personal information in accordance with the Australian Privacy Principles as if it were a prescribed authority, within the meaning of the Freedom of Information Act 1989

, to which the Privacy Act 1988

(Cwlth) applies.

Note An Act of the Territory generally cannot apply the Privacy Act 1988

 (Cwlth) to utilities. However, this section would oblige utilities to observe the Australian Privacy Principles under the Privacy Act 1988

 (Cwlth) as if the Act applied to them. The arrangement does not allow complaints about utilities to be made to the privacy commissioner under that Act, nor for the application of remedies under the Privacy Act 1988

(Cwlth).

(3) In this section:

Australian Privacy Principles means the Australian Privacy Principles under the Privacy Act 1988

(Cwlth), schedule 1.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 18 September 2014.

2 Notification

Notified under the Legislation Act

on 2014.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.









































© Australian Capital Territory 2014

 


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