Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2008 (Qld)

Queensland Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 37 made under the Aboriginal Communities (Justice and Land Matters) Act 1984 Local Government Act 1993 Contents Part 1 1 Part 2 2 3 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Aboriginal Communities (Justice and Land Matters) Regulation 1998 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 3A Transitional matters for Island Coordinating Council Division 1 Preliminary 5A Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5B References to dissolution day . . . . . . . . . . . . . . . . . . 4 Division 2 Role of TSIRC 5C TSIRC to take over particular functions and powers ............................ 4 5D Registered provider under Housing Act 2003 . . . . . . 5 Division 3 Financial matters 5E Assets and liabilities of ICC . . . . . . . . . . . . . . . . . . . . 5 5F Allocation report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2008 Contents 4 Part 3 5 6 5G Failure to give allocation report before the dissolution day . . . . . . . . . . . . . . . . . . . . . . . . . . . 5H Transfer of grant moneys . . . . . . . . . . . . . . . . . . . . . . 5I Reporting obligations for grant moneys . . . . . . . . . . . 5J Application of Financial Administration and Audit Act Division 4 Employment matters 5K Preservation of employees’ rights and entitlements . . 5L Appointer of employees . . . . . . . . . . . . . . . . . . . . . . . Division 5 General 5M Documents of ICC . . . . . . . . . . . . . . . . . . . . . . . . . . . 5N Existing agreements. . . . . . . . . . . . . . . . . . . . . . . . . . 5O References to ICC . . . . . . . . . . . . . . . . . . . . . . . . . . . 5P Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 16 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Local Government (Internal Boundaries)Regulation 2007 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Division boundaries for particular new, adjusted and continuing local government areas) . . . . . . . . . . . . 6 6 6 7 7 8 8 8 9 9 9 10 10 Page 2 2008 SL No. 37

Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2008 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2008 . Part 2 Amendment of Aboriginal Communities (Justice and Land Matters) Regulation 1998 2 Regulation amended in pt 2 This part amends the Aboriginal Communities (Justice and Land Matters) Regulation 1998. 3 Insertion of new pt 3A After section 5— insert— ‘Part 3A Transitional matters for Island Coordinating Council ‘Division 1 Preliminary ‘5A Definitions for pt 3A ‘In this part— allocation report see section 5F(a). 2008 SL No. 37 Page 3

Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Communities (Justice and Land Matters) Regulation 1998 [s 3] dissolution day means the day the LocalGovernmentandOtherLegislation(IndigenousRegionalCouncils)Amendment Act 2007 , section 46 commences. grant agreement means an agreement between ICC and the Commonwealth, State or another entity (the grantor ), entered into before the dissolution day, under which the grantor gives ICC grant money. ICC means the Island Coordinating Council established under the Community Services (Torres Strait) Act 1984 , part 8. local transition committees means the local transition committees, established under the LocalGovernmentAct1993 , section 159YR, for the new local government areas of TSIRC and NPARC. ‘5B References to dissolution day A matter under this part that happens from the dissolution day happens from the beginning of that day. ‘Division 2 Role of TSIRC ‘5C TSIRC to take over particular functions and powers ‘(1) This section applies if, under an Act— (a) ICC may perform a function or exercise a power; and (b) ICC started to perform the function or exercise the power, but did not finish performing the function or exercising the power, before the dissolution day. ‘(2) TSIRC may, from the dissolution day, continue to perform the function or exercise the power. Page 4 2008 SL No. 37

Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Communities (Justice and Land Matters) Regulation 1998 [s 3] ‘5D Registered provider under Housing Act 2003 ‘(1) This section applies if, immediately before the dissolution day, ICC is a registered provider under the Housing Act 2003 for providing housing services. ‘(2) From the dissolution day, TSIRC— (a) is taken to be a registered provider under that Act for providing housing services; and (b) has, to the greatest practicable extent, the same functions, powers and obligations of ICC in relation to its operation as a registered provider for the services. ‘Division 3 Financial matters ‘5E Assets and liabilities of ICC ‘(1) ‘Subject to section 5H, each asset or liability of ICC becomes the asset or liability of TSIRC on the dissolution day. Note — Section 5H provides for the transfer of a proportion of unexpended grant moneys from TSIRC to NPARC. ‘(2) The registrar of titles or other person responsible for keeping a register for dealings in assets must, if asked by TSIRC in the appropriate form, record the transfer or the vesting of any asset under this section in TSIRC. ‘5F Allocation report ‘The local transition committees must— (a) jointly prepare a report (an allocation report ) stating the proposed allocation of any unexpended grant moneys held by ICC between TSIRC and NPARC; and (b) give the Minister the allocation report. 2008 SL No. 37 Page 5

Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Communities (Justice and Land Matters) Regulation 1998 [s 3] ‘5G Failure to give allocation report before the dissolution day ‘If the local transition committees do not give the Minister the allocation report before the dissolution day, the Minister must decide the apportionment of any unexpended grant moneys held by ICC between TSIRC and NPARC. ‘5H Transfer of grant moneys ‘(1) Subsection (2) applies if the local transition committees give the Minister the allocation report before the dissolution day. ‘(2) TSIRC must transfer to NPARC on or before 31 March 2008 the proportion of the unexpended grant moneys that is to be transferred to NPARC under the allocation report. ‘(3) Subsection (4) applies if the local transition committees do not give the Minister the allocation report before the dissolution day. ‘(4) TSIRC must transfer to NPARC on or before the stated day the proportion of the unexpended grant moneys that the Minister decides is to be transferred to NPARC. ‘(5) The stated day for subsection (4) is— (a) 31 March 2008; or (b) the later day the Minister decides. ‘5I Reporting obligations for grant moneys ‘(1) This section applies to ICC’s obligations to report about grant moneys under a grant agreement. ‘(2) TSIRC must, from the dissolution day, perform the obligations under the grant agreement. ‘(3) Without limiting subsection (2), TSIRC’s report must include a report about grant moneys for the period ending on the dissolution day. Page 6 2008 SL No. 37

Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Communities (Justice and Land Matters) Regulation 1998 [s 3] ‘5J Application of Financial Administration and Audit Act ‘TSIRC must, from the dissolution day, comply with the requirements under the FinancialAdministrationandAuditAct 1977, part 3, for the financial year starting on 1 July 2007, as if TSIRC were ICC. Editor’s note — FinancialAdministrationandAuditAct1977 , part 3 (Financial administration—statutory bodies) ‘Division 4 Employment matters ‘5K Preservation of employees’ rights and entitlements ‘(1) This section applies to a person who, immediately before the dissolution day, was an employee of ICC. ‘(2) On the dissolution day, the person is employed by TSIRC on the same conditions on which the person was employed by ICC. ‘(3) Employment of the person by TSIRC under subsection (2) does not— (a) affect the employee’s benefits, entitlements or remuneration; or (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or (c) interrupt continuity of service; or (d) constitute a retrenchment or redundancy; or (e) entitle the employee to a payment or other benefit merely because the person is no longer employed by ICC. ‘(4) Without limiting subsection (2), if an industrial instrument applies to the person immediately before the dissolution day, the instrument continues to apply to the person. 2008 SL No. 37 Page 7

Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Communities (Justice and Land Matters) Regulation 1998 [s 3] ‘(5) A workforce transition code of practice under the LocalGovernmentAct1993 , section 159ZH, applies to the transition of the employee from ICC to TSIRC as if ICC were, under the Local Government Act 1993 , chapter 3, part 1B, a merging local government whose local government area is abolished to form part of the new local government area of TSIRC. Note — The Local Government (Workforce Transition Code of Practice) Notice 2007 was notified on 29 August 2007. ‘(6) In this section— industrial instrument means a federal award, federal agreement or industrial instrument, as defined under the Industrial Relations Act 1999 . ‘5L Appointer of employees ‘For the continuing employment, under section 5K, of a person employed by TSIRC, the person is taken to have been appointed by the chief executive officer of TSIRC. ‘Division 5 General ‘5M Documents of ICC ‘(1) The documents of ICC become the documents of TSIRC on the dissolution day. ‘(2) TSIRC must, as soon as practicable after the dissolution day, give NPARC a copy of any agreement in relation to grant moneys transferred to NPARC under section 5H. ‘5N Existing agreements ‘(1) This section applies to an agreement to which ICC is a party before the dissolution day. Page 8 2008 SL No. 37

Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Communities (Justice and Land Matters) Regulation 1998 [s 4] ‘(2) From the dissolution day, a reference in the agreement to ICC is taken to be a reference to— (a) if the agreement is a grant agreement—TSIRC and NPARC; or (b) otherwise—TSIRC. ‘(3) From the dissolution day, the agreement gives rise to the same rights and liabilities as would have arisen if ICC were not dissolved. a ‘5O References to ICC ‘Subject to section 5N(2), a reference in an Act or document to ICC may, from the dissolution day and if the context permits, be taken to be a reference to TSIRC. ‘5P Legal proceedings ‘A legal proceeding that could have been started or continued by or against ICC before the dissolution day, may be started or continued by or against TSIRC from the dissolution day.’. 4 Amendment of sch 16 (Dictionary) Schedule 16— insert— ‘ allocation report , for part 3A, see section 5F(a). dissolution day , for part 3A, see section 5A. grant agreement , for part 3A, see section 5A. ICC , for part 3A, see section 5A. local transition committees , for part 3A, see section 5A.’. 2008 SL No. 37 Page 9

Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2008 Part 3 Amendment of Local Government (Internal Boundaries) Regulation 2007 [s 5] Part 3 Amendment of Local Government (Internal Boundaries) Regulation 2007 5 Regulation amended in pt 3 This part amends the LocalGovernment(InternalBoundaries) Regulation 2007 . 6 Amendment of sch 2 (Division boundaries for particular new, adjusted and continuing local government areas) Schedule 2, part 2, entry for Logan, ‘edition 2’— omit, insert— ‘edition 3’. ENDNOTES 1 Made by the Governor in Council on 28 February 2008. 2 Notified in the gazette on 29 February 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Local Government, Sport and Recreation. © State of Queensland 2008 Page 10 2008 SL No. 37