Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 (Qld)

Queensland Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Act No. 29 of 2013

Queensland Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Contents Part 1 1 2 Part 2 3 3A 4 4A 4B 4C 4D 4E 4F Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of Industrial Relations Act 1999 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 8 (Provisions about appointments and procedures) .................................... 14 Omission of s 110 (Encouragement provisions permitted). . . . . . 15 Amendment of s 233 (Enforcing commission’s orders) . . . . . . . . 15 Amendment of ch 8, pt 1, div 2, hdg (President) . . . . . . . . . . . . . 15 Insertion of new ss 242C–242G . . . . . . . . . . . . . . . . . . . . . . . . . . 15 242C Members of the court . . . . . . . . . . . . . . . . . . . . . . . . . 15 242D Appointment of members on full-time or part-time basis ............................... 15 242E Functions of the president . . . . . . . . . . . . . . . . . . . . . 17 242F Functions of the vice-president . . . . . . . . . . . . . . . . . 17 242G Administration of the court . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 243 (President of the court) . . . . . . . . . . . . . . . 18 Amendment of s 246 (Acting president of the court) . . . . . . . . . . 18 Insertion of new ss 246A–246E . . . . . . . . . . . . . . . . . . . . . . . . . . 18 246A Appointment of vice-president . . . . . . . . . . . . . . . . . . 18 246B When vice-president holds office . . . . . . . . . . . . . . . . 19 246C Deputy presidents (court) . . . . . . . . . . . . . . . . . . . . . . 20 246D When deputy president (court) holds office . . . . . . . . 21

Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Contents 4G 4H 4I 4J 4K 4L 4M 4N 4O 4P 4Q 4R 4S 4T 4U 4V 4W 4X 4Y 4Z 5 5A 5B 5C 5D Page 2 246E Removal of vice-president or deputy president (court) from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 247 (Constitution of court) . . . . . . . . . . . . . . . . 247 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 248 (Court’s jurisdiction) . . . . . . . . . . . . . . . . . . Amendment of s 256 (Composition). . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 257 and 258. . . . . . . . . . . . . . . . . . . . . . . . . . 257 President of the commission . . . . . . . . . . . . . . . . . . . 258 Vice-president of the commission . . . . . . . . . . . . . . . 258AA Deputy presidents (court) also deputy presidents of the commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 258A (Deputy presidents of the commission) . . Amendment of s 259 (Commissioners) . . . . . . . . . . . . . . . . . . . . Amendment of s 259A (Commissioner may be appointed ombudsman) ................................ Amendment of s 260 (When commissioner holds office) . . . . . . . Replacement of s 261 (Acting vice-president, deputy president or other commissioner). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 Acting deputy president or industrial commissioner . . Amendment of s 262 (Restrictions on appointment) . . . . . . . . . . Amendment of s 263 (Removal of commissioners from office) . . Amendment of s 264 (Administrative responsibilities for the commission and registry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 281 (Reference to full bench) . . . . . . . . . . . . . . Amendment of s 299 (Functions and powers of registrar) . . . . . . Amendment of s 306 (Appointment of Commonwealth official as commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 307 (Role of dual commissioner) . . . . . . . . . . . Amendment of s 308 (Reference of matter to a Commonwealth official) ..................................... Amendment of s 309 (Conferences with industrial authorities) . . Amendment of s 310 (Joint sessions with industrial authorities) . Amendment of s 318 (Service of process) . . . . . . . . . . . . . . . . . . Amendment of s 319 (Representation of parties) . . . . . . . . . . . . Amendment of s 323 (Adjournment by registrar) . . . . . . . . . . . . . Amendment of s 326 (Interlocutory proceedings) . . . . . . . . . . . . Amendment of s 337 (Protections and immunities) . . . . . . . . . . . Insertion of new s 337A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 22 22 23 23 23 24 24 24 24 25 25 25 26 27 27 27 27 28 28 28 29 29 29 29 30 30 30 30 30 31 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Contents 337A Rules committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 5E Amendment of s 338 (Rules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 5F Amendment of s 339 (Directions about practice) . . . . . . . . . . . . . 32 5G Amendment of s 340 (Appeal from court or full bench) . . . . . . . . 32 5H Amendment of s 341 (Appeal from commission, magistrate or registrar) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 6 Amendment of s 351 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . 33 7 Amendment of s 365 (Revocation and suspending industrial officer’s authorisation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 8 Amendment of s 366 (Time and wages record—industrial instrument employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 9 Amendment of s 367 (Time and wages record—non-industrial instrument employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 10 Insertion of new s 370A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 370A Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 11 Amendment of s 372 (Right of entry—authorised industrial officer) 34 12 Insertion of new ss 372A and 372B . . . . . . . . . . . . . . . . . . . . . . . 36 372A Notice of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 372B Employer’s notice about place to inspect information. 37 13 Amendment of s 373 (Right to inspect and request information—authorised industrial officer) . . . . . . . . . . . . . . . . . . 38 14 Insertion of new s 390A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 390A Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 15 Amendment of s 391 (Wages etc. to be paid without deduction) . 41 16 Amendment of s 396A (Recovery of health employment overpayments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 17 Amendment of s 396B (Recovery of health employment transition loans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 18 Insertion of new ss 396C and 396D . . . . . . . . . . . . . . . . . . . . . . . 42 396C Recovery of health employment overpayments on ceasing employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 396D When employee ceases to be a health employee . . . 43 19 Amendment of ch 12, pt 9, div 3, hdg (Officers’ financial management duties). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 20 Amendment of s 526 (Application of div 3). . . . . . . . . . . . . . . . . . 44 21 Replacement of s 527 (Duty of honesty) . . . . . . . . . . . . . . . . . . . 44 527 Duty of honesty, good faith and proper purpose. . . . . 44 22 Amendment of s 528 (Duty of reasonable care and diligence). . . 45 23 Amendment of s 529 (Officers with material personal interests) . 45 2013 Act No. 29 Page 3

Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Contents 23A 27 28 29 Page 4 Insertion of new ch 12, pt 9, divs 4 and 5. . . . . . . . . . . . . . . . . . . 46 Division 4 Register of material personal interest disclosures 530A Register of material personal interest disclosures . . . 46 Division 5 Statement of interests of officers holding management offices 530B Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 530C Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 530D Officer must file statement of interests . . . . . . . . . . . . 47 530E Officer must file updated particulars. . . . . . . . . . . . . . 48 530F Exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Replacement of ch 12, pt 12, hdg (Accounts and audit) . . . . . . . 49 Part 12 Finances and accountability Amendment of s 551 (Definitions for pt 12) . . . . . . . . . . . . . . . . . 49 Insertion of new ch 12, pt 12, divs 1A and 1B . . . . . . . . . . . . . . . 51 Division 1A Financial policies and training 553A Financial policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 553B Financial management training . . . . . . . . . . . . . . . . . 52 Division 1B Requirements for spending for political purposes Subdivision 1 Preliminary 553BA Division does not apply to organisations with local government members . . . . . . . . . . . . . . . . . . . . . . . . 54 553C When does an organisation spend money for a political purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 553CA Other definitions for div 1B . . . . . . . . . . . . . . . . . . . . . 55 Subdivision 2 Authorisation for particular spending for political purposes 553D Particular spending for political purposes must be authorised by ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Subdivision 3 Conduct of expenditure ballot etc. 553G Compliance with prescribed rules . . . . . . . . . . . . . . . 57 553H Expenditure ballot result report . . . . . . . . . . . . . . . . . 57 553L Publication of result of expenditure ballot. . . . . . . . . . 58 553M Expenditure ballot records must be preserved. . . . . . 59 Subdivision 4 Offences 553N Obstructing conduct of expenditure ballot . . . . . . . . . 59 553Q Other offences about expenditure ballot. . . . . . . . . . . 59 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Contents 553R Inducing vote or support etc. . . . . . . . . . . . . . . . . . . . 60 553S Unauthorised access to ballot paper . . . . . . . . . . . . . 60 30 Insertion of new ch 12, pt 12, divs 2A and 2B . . . . . . . . . . . . . . . 61 Division 2A Financial registers 557A Register of gifts, hospitality and other benefits given and received must be kept . . . . . . . . . . . . . . . . . . . . . 61 557B Register of political spending . . . . . . . . . . . . . . . . . . . 63 557BA Register of credit card and cab charge account spending ............................ 64 557BB Register of credit card and cab charge account spending for 2012-13 financial year . . . . . . . . . . . . . . 66 557C Register of loans, grants and donations . . . . . . . . . . . 66 557D Publication of financial registers . . . . . . . . . . . . . . . . . 67 557E Updating financial registers . . . . . . . . . . . . . . . . . . . . 67 557F Financial registers must be kept for 7 years . . . . . . . . 68 557G Inspection of financial registers . . . . . . . . . . . . . . . . . 68 Division 2B Financial disclosure statements Subdivision 1 Preliminary 557H Definitions for div 2B. . . . . . . . . . . . . . . . . . . . . . . . . . 68 557I Highest paid officers and board member officers of an organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Subdivision 2 Initial financial disclosure statement 557J Initial financial disclosure statement. . . . . . . . . . . . . . 70 557O Publication of initial financial disclosure statement. . . 70 Subdivision 3 Annual financial disclosure statement 557P Financial year for first annual financial disclosure statement ............................ 71 557Q Annual financial disclosure statement . . . . . . . . . . . . 71 557R Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 557S Remuneration and benefits for highest paid officers . 72 557T Financial registers . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 557U Spending for political purposes . . . . . . . . . . . . . . . . . 73 557V Political party affiliation fees . . . . . . . . . . . . . . . . . . . . 73 557W Financial policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 557X Officers’ financial management training . . . . . . . . . . . 74 Subdivision 4 Mid-year financial disclosure statement 557Y Mid-year financial disclosure statement . . . . . . . . . . . 74 2013 Act No. 29 Page 5

Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Contents 557Z Publication of mid-year financial disclosure statement 75 Subdivision 5 General 557ZA Financial disclosure statements must be kept for 7 years 76 557ZB Inspection of financial disclosure statements . . . . . . . 76 31 Amendment of s 558 (Obligation to have auditor) . . . . . . . . . . . . 77 32 Amendment of s 560 (Requirements for audit report) . . . . . . . . . 77 33 Amendment of s 563 (Auditor’s powers). . . . . . . . . . . . . . . . . . . . 77 34 Amendment of s 564 (Auditors have qualified privilege) . . . . . . . 78 35 Replacement of ch 12, pt 12, div 4, hdg (Presentation and filing of audit reports) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Division 4 Presentation, filing and publication of audit reports and financial disclosure statements 36 Replacement of s 565 (Obligation to present to general or committee meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 565 Obligation to present to general or committee meeting 79 37 Amendment of s 566 (Obligation to publish audit report and accounts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 38 Amendment of s 568 (Auditor may attend meetings) . . . . . . . . . . 80 39 Amendment of s 569 (False or misleading statements about reports) 80 40 Amendment of s 570 (Report and accounts must be filed) . . . . . 80 41 Insertion of new ch 12, pt 12, div 5, sdiv 1 . . . . . . . . . . . . . . . . . . 81 Subdivision 1 Preliminary 570A Compliance functions of registrar . . . . . . . . . . . . . . . . 82 42 Insertion of new ch 12, pt 12, div 5, sdiv 2 hdg . . . . . . . . . . . . . . 82 Subdivision 2 Investigations by registrar 43 Replacement of s 571 (Registrar’s investigations) . . . . . . . . . . . . 82 571 Grounds for registrar’s investigation . . . . . . . . . . . . . . 82 571A Notification of particular matters to chief executive . . 83 571B Chief executive may discontinue registrar’s investigation 83 44 Replacement of s 572 hdg (Registrar’s directions for investigation) 84 45 Insertion of new s 572A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 572A Registrar’s power to obtain information from other persons 85 46 Insertion of new s 574A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 574A Registrar to report to chief executive . . . . . . . . . . . . . 86 47 Insertion of new ch 12, pt 12, div 5, sdiv 3 hdg . . . . . . . . . . . . . . 87 Subdivision 3 Examinations and audits by registrar Page 6 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Contents 48 Amendment of s 575 (Registrar’s examinations and audits) . . . . 87 49 Omission of ch 12, pt 12, div 6 (Loans, grants and donations) . . 88 50 Insertion of new ch 12, pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Part 12A Political party affiliation must be stated in political advertising 579A When is an organisation affiliated with a political party 88 579B Political party affiliation must be stated in political advertising 88 51 Omission of ch 12, pt 13, div 1, sdiv 3 (Exemption from accounting or audit provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 52 Amendment of s 590 (Who may apply) . . . . . . . . . . . . . . . . . . . . 89 53 Amendment of s 591 (Grant of exemption) . . . . . . . . . . . . . . . . . 89 54 Replacement of s 592 (Obligation to file copies of reports under other Act or law) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 592 References to audit report for pt 12, div 4 . . . . . . . . . 90 55 Insertion of new ch 12, pt 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Part 15A Complaints, investigations and appointment of administrator Division 1 Complaints 636A Making complaint about organisation or officer . . . . . 91 636B Form of complaint. . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 636C Dealing with complaints . . . . . . . . . . . . . . . . . . . . . . . 92 636D Organisation or officer must be advised of complaint 93 636E Ministerial direction. . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Division 2 Notices and reports from registrar 636F Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 636G Dealing with notice or report . . . . . . . . . . . . . . . . . . . 94 636H Person to whom matter relates must be advised of matter 95 Division 3 Investigations 636I Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 636J Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 636K Investigation report. . . . . . . . . . . . . . . . . . . . . . . . . . . 96 636L Audit of organisation’s accounting records . . . . . . . . . 96 636M Cooperating with investigation or audit. . . . . . . . . . . . 97 636N Audit costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Division 4 Appointment of administrator 636O Chief executive may appoint administrator . . . . . . . . . 98 2013 Act No. 29 Page 7

Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Contents 56 56A 57 57A 58 Page 8 636P Organisation or branch must be advised of intention to appoint administrator . . . . . . . . . . . . . . . . . . . . . . . . . 99 636Q Injustice to organisation or branch and interests of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 636R Primary function of administrator . . . . . . . . . . . . . . . . 100 636S Additional functions of administrator . . . . . . . . . . . . . 100 636T Powers of administrator . . . . . . . . . . . . . . . . . . . . . . . 101 636U Providing assistance to administrator. . . . . . . . . . . . . 101 636V Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 102 Insertion of new s 655A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 655A Requirements for publishing particular documents . . 102 Amendment of s 679 (Confidential material tendered in evidence) 103 Amendment of s 691C (Particular provisions are of no effect) . . . 103 Amendment of s 708 (Approved forms) . . . . . . . . . . . . . . . . . . . . 106 Insertion of new ch 20, pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Part 16 Transitional provisions for Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 789 Definitions for pt 16. . . . . . . . . . . . . . . . . . . . . . . . . . . 107 789A Appointment of first vice-president of the court . . . . . 108 789B Appointment of first deputy presidents of the court . . 108 789C Industrial commissioners . . . . . . . . . . . . . . . . . . . . . . 108 789D Proceedings in court started before commencement. 108 789E Existing rules under this Act . . . . . . . . . . . . . . . . . . . . 109 790 Existing rules of an organisation . . . . . . . . . . . . . . . . 109 790A Statement of interests of officer holding management office at commencement . . . . . . . . . . . . . . . . . . . . . . 109 791 Financial policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 792 Financial registers . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 793 Audits for financial years ending before commencement 110 794 Application of amended ch 12, pt 12, div 5 in relation to registrar’s investigations . . . . . . . . . . . . . . . . . . . . . . . 110 795 Particular exemption for organisations with counterpart federal bodies is of no effect. . . . . . . . . . . . . . . . . . . . 111 796 Particular exemption for employer organisations that are corporations is of no effect . . . . . . . . . . . . . . . . . . 111 797 Certified agreements containing newly invalid provisions 112 797A Existing approved forms . . . . . . . . . . . . . . . . . . . . . . . 113 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Contents 58A 59 Part 2A 59A 59B Part 2B 59C 59D Part 2C 59E 59F Part 2D 59G 59H 59I Part 2E 59J 59K 59L 59M 59N 59O 59P 59Q 59R 59S 59T 798 Transitional regulation-making power . . . . . . . . . . . . . 799 Amendment to renumber particular provisions. . . . . . Amendment of sch 2 (Appointments) . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Anti-Discrimination Act 1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 106A (Compulsory retirement age under legislation etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Commissions of Inquiry Act 1950 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4A (Interaction of commission with courts etc.). Amendment of Corrective Services Act 2006 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 209 (Automatic cancellation of order by further imprisonment). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Criminal Code Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 227C (Persons who are not criminally responsible for offences against ss 227A and 227B) . . . . . . . . . . Amendment of s 552H (Maximum penalty for indictable offences dealt with summarily) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of DrugCourtAct2000 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 12A (Application of pt 3A) . . . . . . . . . . . . . . . . . Amendment of s 12B (Referral for indicative assessment). . . . . . Insertion of new s 12E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12E Dealing with proceedings after submission of indicative assessment report . . . . . . . . . . . . . . . . . . . Amendment of s 13 (Application of pt 4) . . . . . . . . . . . . . . . . . . . Amendment of s 15 (Deciding whether to refer for assessment) . Amendment of s 16 (Referral for assessment) . . . . . . . . . . . . . . . Amendment of s 16A (Assessment report) . . . . . . . . . . . . . . . . . Insertion of new s 16C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16C Dealing with proceedings after submission of assessment report and pre-sentence report . . . . . . . Amendment of s 17 (Application of pt 5) . . . . . . . . . . . . . . . . . . . Amendment of s 29 (Dealing with offenders if no intensive drug rehabilitation order made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 114 115 116 120 121 121 121 122 122 122 122 123 123 123 123 124 124 124 125 125 125 125 125 126 126 2013 Act No. 29 Page 9

Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Contents 59U 59V 59W 59X 59Y 59Z 59ZA 59ZB Part 2F 59ZC 59ZD 59ZE 59ZF 59ZG 59ZH 59ZI 59ZJ Part 2G 59ZK 59ZL Part 2H 59ZM 59ZN Part 2I 59ZO 59ZP Page 10 Amendment of s 33 (Amending intensive drug rehabilitation orders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Amendment of s 34 (Terminating rehabilitation programs). . . . . . 127 Omission of s 35A (Inclusion of new rehabilitation program) . . . . 128 Amendment of s 36 (Final sentence to be decided on completion or termination of rehabilitation program) . . . . . . . . . . . . . . . . . . . 128 Amendment of s 40 (Arrest warrants). . . . . . . . . . . . . . . . . . . . . . 129 Insertion of new s 40A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 40A Dealing with offender after arrest but no final sentence decided before 30 June 2013 . . . . . . . . . . . . . . . . . . . 129 Insertion of new s 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 45 Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 131 Amendment of Judicial Remuneration Act 2007 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Amendment of s 12 (Presidential members of the Industrial Commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Amendment of s 13 (Commissioner other than a presidential member of the Industrial Commission). . . . . . . . . . . . . . . . . . . . . 132 Amendment of s 16 (Jurisprudential allowance). . . . . . . . . . . . . . 133 Amendment of s 20 (Education and conference allowance) . . . . 133 Amendment of s 22 (Long leave allowance). . . . . . . . . . . . . . . . . 133 Amendment of s 29 (Notice of election) . . . . . . . . . . . . . . . . . . . . 133 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 133 Amendment of JusticesAct1886 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Amendment of s 154 (Copies of record) . . . . . . . . . . . . . . . . . . . 134 Amendment of LocalGovernmentAct2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Amendment of s 185 (Remuneration and appointment conditions of members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Amendment of Penalties and Sentences Act 1992 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Insertion of new pt 14, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Division 6 Transitional provisions for expiry of Drug Court Act 2000 227 Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 228 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Contents Part 3 60 60A 61 62 63 64 65 66 67 68 69 Part 3A 69A 69B Part 3B 69C 69D Part 4 70 71 72 73 229 Continuation of warrants. . . . . . . . . . . . . . . . . . . . . . . 136 230 Dealing with offences after enforcement of warrant . . 137 231 Sentencing an offender after enforcement of warrant 138 Amendment of Public Service Act 2008 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Amendment of s 13 (Act does not apply to particular offices and employment). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Amendment of s 88AA (Definition for pt 5) . . . . . . . . . . . . . . . . . . 139 Amendment of s 88A (Appeals officers). . . . . . . . . . . . . . . . . . . . 139 Insertion of new s 88B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 88B Senior appeals officer. . . . . . . . . . . . . . . . . . . . . . . . . 140 Amendment of s 88C (Appeals officer’s function) . . . . . . . . . . . . 140 Amendment of s 203 (Appeals officer may decide procedures). . 141 Insertion of new ss 203A and 203B . . . . . . . . . . . . . . . . . . . . . . . 141 203A Senior appeals officer may decide procedures . . . . . 141 203B Practice directions . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Amendment of s 214A (Protection of appeals officials from liability) 142 Insertion of new ch 9, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Part 10 Transitional provision for Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 285 Practice directions etc. for appeals started before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 143 Amendment of ResidentialTenanciesandRoomingAccommodationAct2008 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Omission of s 42 (Intensive drug rehabilitation order) . . . . . . . . . 144 Amendment of Trading (Allowable Hours) Act 1990 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Amendment of s 4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . 144 Amendment of Workers’CompensationandRehabilitationAct 2003 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Amendment of s 11 (Who is a worker) . . . . . . . . . . . . . . . . . . . . . 145 Amendment of s 30 (Who is an employer) . . . . . . . . . . . . . . . . . . 145 Amendment of s 66 (Employer’s liability for excess period) . . . . . 145 2013 Act No. 29 Page 11

Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Contents 74 Amendment of s 585 (Entitlements to compensation under contract of employment prohibited and void) . . . . . . . . . . . . . . . . . . . . . . . . . 146 75 Insertion of new ch 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Chapter 29 Transitional provision for Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 674 Provision about workers and employers. . . . . . . . . . . 147 76 Amendment of sch 2 (Who is a worker in particular circumstances) 147 Page 12 2013 Act No. 29

Queensland Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Act No. 29 of 2013 An Act to amend the Industrial Relations Act 1999, the Anti-DiscriminationAct 1991, the Commissions of Inquiry Act 1950, the Corrective Services Act2006, the Criminal Code, the Drug Court Act 2000, the JudicialRemuneration Act 2007, the Justices Act 1886, the Local Government Act2009, the Penalties and Sentences Act 1992, the Public Service Act 2008, the Residential Tenancies and Rooming Accommodation Act 2008, the Trading(Allowable Hours) Act 1990 and the Workers’ Compensation andRehabilitation Act 2003 for particular purposes [Assented to 20 June 2013]

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 . 2 Commencement (1) The following provisions of this Act commence on a day to be fixed by proclamation— (a) parts 2, 2A, 2B, 2F, 2H, 3B and 4; (b) sections 60A and 62(5). (2) Parts 2C, 2D, 2G, 2I and 3A commence on 1 July 2013. Part 2 Amendment of Industrial Relations Act 1999 3 Act amended This part amends the Industrial Relations Act 1999. 3A Amendment of s 8 (Provisions about appointments and procedures) Section 8(a), ‘commissioners’— omit, insert — industrial commissioners Page 14 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4] 4 Omission of s 110 (Encouragement provisions permitted) Section 110— omit. 4A Amendment of s 233 (Enforcing commission’s orders) Section 233(8), definition full bench — omit, insert — full bench means the full bench constituted by 3 or more members, 1 of whom must be the president, vice-president or a deputy president (court). 4B Amendment of ch 8, pt 1, div 2, hdg (President) Chapter 8, part 1, division 2, heading, ‘President’— omit, insert — Composition of the court 4C Insertion of new ss 242C–242G Chapter 8, part 1, division 2— insert — 242C Members of the court The members of the court are— (a) the president; and (b) the vice-president; and (c) the deputy presidents (court). 242D Appointment of members on full-time or part-time basis (1) This section applies to a person appointed to 1 of the following offices (each a relevant office )— 2013 Act No. 29 Page 15

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4C] (a) if the person is a non-judicial appointee—the office of the president; (b) the office of the vice-president; (c) the office of a deputy president (court). (2) A person appointed to a relevant office is on a full-time basis unless the appointment is stated, in the instrument of appointment, to be on a part-time basis. (3) However, a person appointed to a relevant office on a full-time basis may, by written agreement between the Minister and the person, perform the functions of the office to which the person has been appointed on a part-time basis. (4) An appointment or agreement for a person to perform the functions of a relevant office on a part-time basis must state the percentage of the office the person is to perform. (5) A person appointed on a part-time basis may, by written agreement with the Minister, perform the functions of the office to which the person has been appointed on a full-time basis. (6) A person appointed to a relevant office on a part-time basis may hold another office, perform other duties or engage in employment if— (a) the Minister is satisfied that holding the other office, performing the other duties or engaging in the employment is compatible with, and is not a conflict of interest issue for, the relevant office; and (b) the Minister has given written approval for the person to hold the other office, perform the other duties or engage in the employment. Page 16 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4C] 242E Functions of the president (1) The president has the functions conferred on the president under this Act. (2) The functions of the president include preparing, and giving the Minister, the annual report under section 252. (3) The president has the power to do all things necessary or convenient to be done for the performance of the president’s functions. (4) The president may delegate a function of the president to the vice-president. 242F Functions of the vice-president (1) The vice-president of the court has the functions conferred on the vice-president under this Act or another Act. (2) The vice-president is subject to the direction of the president in performing the vice-president’s functions, other than the function mentioned in section 242G. (3) The vice-president has the power to do all things necessary or convenient to be done for the performance of the vice-president’s functions. (4) The vice-president may delegate a function of the vice-president to a deputy president (court). 242G Administration of the court (1) The vice-president is responsible for managing the administration of the business of— (a) the court; and (b) to the extent it operates as the registry for the court—the registry. 2013 Act No. 29 Page 17

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4D] (2) Without limiting subsection (1), the vice-president is responsible for deciding the member who is to constitute the court for a proceeding. 4D Amendment of s 243 (President of the court) Section 243, heading— omit, insert — 243 Appointment of president 4E Amendment of s 246 (Acting president of the court) (1) Section 246, heading, ‘of the court’— omit. (2) Section 246(2)(b), after ‘office,’— omit, insert— a deputy president (court). 4F Insertion of new ss 246A–246E Chapter 8, part 1, division 2— insert— 246A Appointment of vice-president (1) The Governor in Council may, by commission, appoint a person as the vice-president of the court. (2) The person must— (a) be a lawyer of at least 5 years standing; and (b) have either of the following— (i) high level experience in business or industry or in a relevant entity; Page 18 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4F] (ii) suitable experience, qualification and standing in the community to be appointed as the vice-president of the court. (3) The person can not be— (a) a member of the Executive Council or Legislative Assembly; or (b) a director of a corporation engaged in a calling; or (c) an auditor of a corporation engaged in a calling or of a business; or (d) a person who participates in any capacity in the management of— (i) a corporation engaged in a calling; or (ii) a business. (4) In this section— relevant entity means any of the following— (a) an organisation or employer association or a State peak council; (b) a department of government; (c) an agency, authority, commission, corporation, instrumentality, office or other entity, established under an Act or under State authorisation for a public or State purpose. 246B When vice-president holds office (1) The vice-president of the court holds office until the vice-president— (a) turns 70; or (b) resigns by signed notice given to the Governor; or 2013 Act No. 29 Page 19

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4F] (c) becomes a member of the Executive Council or Legislative Assembly; or (d) does any of the following without the prior written consent of the Minister— (i) acts as a director of a corporation engaged in a calling; (ii) acts as auditor of a corporation engaged in a calling or of a business; (iii) participates in any capacity in the management of a corporation engaged in a calling or of a business; or (e) is removed from office under section 246E. (2) If the vice-president stops holding the office because of subsection (1)(a) or (b) while hearing a matter, the Governor in Council may, without reappointing the person as the vice-president of the court, continue the person in the office for the time necessary to enable the hearing of the matter to be completed. (3) A person continued in office under subsection (2) may exercise the jurisdiction and powers of the court necessary or convenient for the hearing to be completed. Page 20 246C Deputy presidents (court) (1) The Governor in Council may, by commission, appoint a person as a deputy president (court) of the court. (2) The person must— (a) be a lawyer of at least 5 years standing; and (b) have either of the following— (i) high level experience in business or industry or in a relevant entity; 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4F] (ii) suitable experience, qualification and standing in the community to be appointed as a deputy president (court). (3) The person can not be— (a) a member of the Executive Council or Legislative Assembly; or (b) a director of a corporation engaged in a calling; or (c) an auditor of a corporation engaged in a calling or of a business; or (d) a person who participates in any capacity in the management of— (i) a corporation engaged in a calling; or (ii) a business. (4) In this section— relevant entity see section 246A(4). 246D When deputy president (court) holds office (1) A deputy president (court) holds office until the deputy president (court)— (a) turns 70; or (b) resigns by signed notice given to the Governor; or (c) becomes a member of the Executive Council or Legislative Assembly; or (d) does any of the following without the prior written consent of the Minister— (i) acts as a director of a corporation engaged in a calling; (ii) acts as auditor of a corporation engaged in a calling or of a business; 2013 Act No. 29 Page 21

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4G] (iii) participates in any capacity in the management of a corporation engaged in a calling or of a business; (e) is removed from office under section 246E. (2) If a deputy president (court) stops holding the office because of subsection (1)(a) or (b) while hearing a matter, the Governor in Council may, without reappointing the person as a deputy president (court), continue the person in the office for the time necessary to enable the hearing of the matter to be completed. (3) A person continued in office under subsection (2) may exercise the jurisdiction and powers of the court necessary or convenient for the hearing to be completed. 246E Removal of vice-president or deputy president (court) from office The Governor may remove the vice-president or a deputy president (court) from office, on an address of the Legislative Assembly, for— (a) mental or physical incapacity; or (b) misbehaviour. 4G Replacement of s 247 (Constitution of court) Section 247— omit, insert — 247 Constitution The court is constituted by the president, the vice-president or a deputy president (court) sitting alone. Page 22 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4H] 4H Amendment of s 248 (Court’s jurisdiction) Section 248(1)(e), ‘exercise the’— omit, insert— if the court is constituted by the president, exercise the 4I Amendment of s 256 (Composition) Section 256(1) and (2)— omit, insert— (1) The commission consists of the following members (each a commissioner )— (a) the president; (b) the vice-president; (c) a person holding office as a deputy president; (d) a person holding office as an industrial commissioner. (2) The full bench of the commission (the full bench ) is constituted by— (a) for chapter 12, part 16 or for the hearing of an appeal other than an appeal mentioned in paragraph (b)—3 or more commissioners, 1 of whom must be the president; or (b) for the hearing of an appeal from a decision of the commission constituted by the president sitting alone—3 or more other commissioners, 1 of whom must be the vice-president or a deputy president; or (c) otherwise—3 or more commissioners. 4J Replacement of ss 257 and 258 Sections 257 and 258— 2013 Act No. 29 Page 23

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4K] omit, insert— 257 President of the commission (1) The president of the court is also the president of the commission. (2) The president’s service as the president of the commission does not entitle the president to any salary or allowance in addition to the salary or allowance received as the holder of the office of the president of the court. 258 Vice-president of the commission (1) The vice-president of the court is also the vice-president of the commission. (2) The vice-president’s service as the vice-president of the commission does not entitle the vice-president to any salary or allowance in addition to the salary or allowance received as the holder of the office of the vice-president of the court. 258AA Deputy presidents (court) also deputy presidents of the commission (1) A deputy president (court) is also a deputy president of the commission. (2) The service of a deputy president (court) as a deputy president of the commission does not entitle the deputy president (court) to any salary or allowance in addition to the salary or allowance received as the holder of the office of a deputy president (court). 4K Amendment of s 258A (Deputy presidents of the commission) (1) Section 258A, heading, ‘Deputy’— Page 24 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4L] omit, insert— Appointment of other deputy (2) Section 258A(1), ‘a commissioner’— omit, insert— an industrial commissioner 4L Amendment of s 259 (Commissioners) (1) Section 259, heading— omit, insert— 259 Industrial commissioners (2) Section 259, ‘a commissioner’— omit, insert— an industrial commissioner (3) Section 259(5), ‘the commissioner’— omit, insert— the industrial commissioner 4M Amendment of s 259A (Commissioner may be appointed ombudsman) (1) Section 259A, heading, ‘Commissioner’— omit, insert— Particular commissioners (2) Section 259A(1), after ‘A commissioner’— insert— , other than the president, 4N Amendment of s 260 (When commissioner holds office) (1) Section 260, heading, after ‘When’— 2013 Act No. 29 Page 25

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4O] insert— deputy president or industrial (2) Section 260(1)— omit, insert— (1) A deputy president appointed under section 258A or an industrial commissioner (each a relevant commissioner ) holds office until— (a) the relevant commissioner turns 70; or (b) the relevant commissioner resigns by signed notice given to the Governor; or (c) the relevant commissioner becomes a member of the Executive Council or the Legislative Assembly; or (d) the relevant commissioner becomes a person mentioned in section 262(b), other than with the Minister’s written approval; or (e) the relevant commissioner is removed from office under section 263. (3) Section 260(2), ‘commissioner’— omit, insert— relevant commissioner (4) Section 260(2), ‘subsection (1)(b) or (c)’— omit, insert— subsection (1)(a) or (b) 4O Replacement of s 261 (Acting vice-president, deputy president or other commissioner) Section 261— omit, insert— Page 26 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4P] 261 Acting deputy president or industrial commissioner (1) This section applies if a deputy president appointed under section 258A or an industrial commissioner temporarily can not perform the functions of office. (2) The Governor in Council may, by gazette notice, appoint a person to act as the deputy president or industrial commissioner. 4P Amendment of s 262 (Restrictions on appointment) Section 262, ‘commissioners’— omit, insert— a deputy president under section 258A or an industrial commissioner 4Q Amendment of s 263 (Removal of commissioners from office) (1) Section 263, heading, ‘commissioners’— omit, insert— deputy president or industrial commissioner (2) Section 263, ‘a commissioner’— omit, insert— a deputy president appointed under section 258A or an industrial commissioner 4R Amendment of s 264 (Administrative responsibilities for the commission and registry) (1) Section 264(4A)(b), ‘commissioners’— omit, insert— industrial commissioners 2013 Act No. 29 Page 27

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4S] (2) Section 264(5), ‘A commissioner’— omit, insert— An industrial commissioner 4S Amendment of s 281 (Reference to full bench) Section 281(2), after ‘A commissioner’— insert— , other than the president, 4T Amendment of s 299 (Functions and powers of registrar) Section 299(3)(a) and (b)— omit, insert— (a) for the court, other than in relation to a function mentioned in section 242G ( court administration )—the president; and (b) for court vice-president; and administration—the (c) for the commission—the vice-president. 4U Amendment of s 306 (Appointment of Commonwealth official as commissioner) (1) Section 306, heading, ‘commissioner’— omit, insert— deputy president or industrial commissioner (2) Section 306(1), ‘a commissioner ( dual commissioner )’— omit, insert— a deputy president or an industrial commissioner (each a dual commissioner ) (3) Section 306(2), ‘Section 263’— Page 28 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4V] omit, insert — Sections 246E and 263 (4) Section 306(4) and (5), ‘a commissioner’— omit, insert— a deputy president or an industrial commissioner 4V Amendment of s 307 (Role of dual commissioner) Section 307, ‘a commissioner’— omit, insert— a deputy president or an industrial commissioner 4W Amendment of s 308 (Reference of matter to a Commonwealth official) Section 308(3)(a), ‘a commissioner’— omit, insert— an industrial commissioner 4X Amendment of s 309 (Conferences with industrial authorities) Section 309— insert— (3) In this section— commissioner does not include the president. 4Y Amendment of s 310 (Joint sessions with industrial authorities) Section 310— insert— 2013 Act No. 29 Page 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 4Z] (3) In this section— commissioner does not include the president. 4Z Amendment of s 318 (Service of process) (1) Section 318(1)(a), after ‘the president’— insert— , the vice-president, a deputy president (court) (2) Section 318(2), ‘president’— omit, insert— court 5 Amendment of s 319 (Representation of parties) Section 319(2)(b)(i), ‘, other than section 110’— omit. 5A Amendment of s 323 (Adjournment by registrar) Section 323, ‘the president or a commissioner’— omit, insert— a member of the commission 5B Amendment of s 326 (Interlocutory proceedings) Section 326, from ‘the president’, first mention, to ‘commission or registrar’, second mention— omit, insert— the court, commission or registrar may make orders or give directions the court, commission or registrar 5C Amendment of s 337 (Protections and immunities) Section 337(1) and (2), ‘The president, the commission’— Page 30 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 5D] omit, insert— A member of the court, a member of the commission 5D Insertion of new s 337A Chapter 8, part 6, division 7— insert— 337A Rules committee (1) The president must establish a rules committee consisting of the following members— (a) the president; (b) the vice-president; (c) each deputy president. (2) The president is the chairperson of the rules committee. (3) The functions of the rules committee include— (a) developing and reviewing the rules under this Act; and (b) approving forms under section 708; and (c) the other functions conferred on the rules committee under this Act. (4) The rules committee may conduct its business and proceedings at meetings in the way it decides. (5) However— (a) the chairperson has a deliberative vote and, in the event of an equality of votes, a casting vote; and (b) the rules committee must consult with— (i) for a rule relating to the Industrial Magistrates Court—the Chief Magistrate; or 2013 Act No. 29 Page 31

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 5E] (ii) for a rule relating to the registry—the registrar. 5E Amendment of s 338 (Rules) (1) Section 338(2), ‘president’— omit, insert — rules committee (2) Section 338(3)— omit. (3) Section 338(4) and (5)— renumber as section 338(3) and (4). 5F Amendment of s 339 (Directions about practice) Section 339(1), ‘the president, a commissioner’— omit, insert— a member of the court, a member of the commission 5G Amendment of s 340 (Appeal from court or full bench) (1) Section 340, heading, ‘or full bench’— omit. (2) Section 340(2), (3) and (3A)— omit. (3) Section 340(4)(d), ‘or full bench’— omit. 5H Amendment of s 341 (Appeal from commission, magistrate or registrar) Section 341(1), from ‘section 149’ to ‘president’— Page 32 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 6] omit, insert— or a decision under section 273A 6 Amendment of s 351 (Functions) (1) Section 351(1)(c) and (d)— renumber as section 351(1)(d) and (e). (2) Section 351(1)— insert— (c) investigate complaints made under section 636A about organisations or officers of organisations and other matters referred to the inspector under section 636G; and 7 Amendment of s 365 (Revocation and suspending industrial officer’s authorisation) (1) Section 365(1)(b) to (d)— renumber as section 365(1)(c) to (e). (2) Section 365(1)— insert— (b) entered an employer’s workplace other than under section 372; or 8 Amendment of s 366 (Time and wages record—industrial instrument employees) (1) Section 366(1), ‘, at a workplace of the employer in Queensland,’— omit. (2) Section 366(2), ‘record clearly states the employer’s full name.’— omit, insert— record— 2013 Act No. 29 Page 33

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 9] (a) clearly states the employer’s full name; and (b) is kept at, or can be accessed from, a workplace of the employer in Queensland. 9 Amendment of s 367 (Time and wages record—non-industrial instrument employees) (1) Section 367(1), ‘, at a workplace of the employer in Queensland,’— omit. (2) Section 367(2), ‘record clearly states the employer’s full name.’— omit, insert— record— (a) clearly states the employer’s full name; and (b) is kept at, or can be accessed from, a workplace of the employer in Queensland. 10 Insertion of new s 370A Chapter 11, part 1, division 4— insert— 370A Definitions for div 4 In this division— employer notice see section 372B(2). entry notice see section 372A(2). 11 Amendment of s 372 (Right of entry—authorised industrial officer) (1) Section 372(1) and (2)— omit, insert— Page 34 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 11] (1) An authorised industrial officer may, to exercise a power under section 373, enter a place if— (a) the officer has given the employer or the employer’s representative an entry notice under section 372A; and (b) the place is— (i) if subparagraph (ii) does not apply—a workplace, at which the employer carries on a calling of the officer’s organisation, stated in the entry notice; or (ii) if the employer or the employer’s representative has given the officer an employer notice for the entry under section 372B—a place stated in the employer notice; and (c) the entry is made during the time the place is open for business. (2) On entering a place under subsection (1), the officer must— (a) first notify each of the following persons of the officer’s presence— (i) the employer or the employer’s representative; (ii) if the place is not occupied by the employer—the occupier of the place; and (b) produce or display the officer’s authorisation, as required by the employer, representative or occupier. (2) Section 372(3)— omit, insert — 2013 Act No. 29 Page 35

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 12] (3) If an authorised industrial officer’s entry to a place is authorised under subsection (1) and the officer complies with subsection (2)— (a) if the place is occupied by the employer—the employer must not refuse the officer entry to the place; or (b) if the place is not occupied by the employer and the occupier has given the consent mentioned in section 372B(3)(b)—the occupier of the place must not refuse the officer entry to the place. Maximum penalty—27 penalty units. (3) Section 372(5)— omit, insert— (5) Subsection (2)(a) does not apply if, on entering the place, the officer discovers that neither the employer nor the employer’s representative is present at the place. 12 Insertion of new ss 372A and 372B After section 372— insert— 372A Notice of entry (1) This section applies if an authorised industrial officer proposes to enter a workplace at which an employer carries on a calling of the officer’s organisation to exercise a power under section 373. (2) The officer must give the employer or the employer’s representative a written notice (an entry notice )— (a) during the employer’s business hours; and Page 36 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 12] (b) at least 24 hours, but not more than 14 days, before the entry. (3) The entry notice must be signed by the officer and state the following— (a) the workplace the officer proposes to enter; (b) the day and time of the proposed entry; (c) the officer’s name and organisation; (d) the powers the officer proposes to exercise under section 373, including, if the officer intends to inspect records, the records to be inspected; (e) if the records to be inspected include the time and wages records of employees— (i) each employee, or class of employees, whose records are to be inspected; and (ii) that the officer’s organisation is entitled to represent the industrial interests of the employee or class; and (iii) the provision of the organisation’s rules that entitles the officer’s organisation to represent the industrial interests of the employee or class. 372B Employer’s notice about place to inspect information (1) This section applies if an employer or an employer’s representative receives an entry notice from an authorised industrial officer. (2) The employer or employer’s representative may give the officer a written notice (an employer notice ) stating the place or places the officer may enter to inspect the records detailed in the entry notice. (3) For subsection (2), a place may be— 2013 Act No. 29 Page 37

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 13] (a) a particular part of the workplace stated in the entry notice; or Example of parts of a workplace — particular floors of a multistorey workplace, particular offices or conference rooms of a workplace (b) another place where the records detailed in the entry notice are kept or may be accessed, if the employer or employer’s representative is, or has the consent of, the occupier of that place; or (c) a particular route to be used to access another place stated in the notice. (4) The employer notice must be given before the day and time of entry stated in the entry notice. (5) If an employer notice given to the officer under this section states a place or places where the officer may inspect the records detailed in the entry notice, the employer or the employer’s representative must ensure the records can be inspected at, or accessed from, that place. Maximum penalty for subsection (5)—27 penalty units. 13 Amendment of s 373 (Right to inspect and request information—authorised industrial officer) (1) Section 373(1), ‘workplace’— omit, insert— place (2) Section 373, after subsection (2)— insert— (2AA) However, the officer may inspect the time and wages record of an employee only if— Page 38 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 13] (a) the officer’s organisation is entitled to represent the industrial interests of the employee; and (b) the employee is identified, or is a member of a class of employees identified, in the entry notice given by the officer for the entry. (3) Section 373(3)(a) and (b), before ‘record’, first mention— insert— time and wages (4) Section 373(3)(c) and (3A), ‘(2A)’— omit, insert— (4) (5) Section 373(8), ‘(6) or (7)’— omit, insert— (9) or (10) (6) Section 373(9)— omit, insert— (9) The officer— (a) must comply with a direction given by the employer or the employer’s representative under subsection (13); and (b) must not wilfully obstruct the employer, or an employee during the employee’s working time; and (c) must not contravene a requirement of this section. Maximum penalty—27 penalty units. (9A) The employer or employer’s representative may give the officer a direction to take, or not take, stated action if the employer or employer’s representative is satisfied the direction is 2013 Act No. 29 Page 39

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 14] reasonably necessary to discharge the employer’s duties under the WorkHealthandSafetyAct2011 . (7) Section 373(2AA) to (11)— renumber as section 373(3) to (15). 14 Insertion of new s 390A Chapter 11, part 2, division 3— insert— 390A Definitions for div 3 In this division— continuing health employee means a health employee who, immediately after ceasing to be a health employee, begins new employment, or resumes previous employment, as a health employee, on any basis. final payment — 1 Generally, a health employee’s final payment is the total amount owing to the employee by the health employer on the day the employee ceases to be a health employee, including unpaid wages, or any other amount payable in relation to employment, to which the employee is entitled. 2 However, the final payment for a continuing health employee includes only the component of the total amount mentioned in paragraph 1 that is the amount the employee is entitled to be paid for untaken leave. untaken leave means leave, including, for example, annual leave or long service leave, that, immediately before a health employee ceases Page 40 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 15] employment with a health employer, the employee is entitled to and has not taken. 15 Amendment of s 391 (Wages etc. to be paid without deduction) (1) Section 391(1)(c) and (3), ‘written’— omit. (2) Section 391(4)— renumber as section 391(5). (3) Section 391— insert— (4) If an employee’s consent authorising a deduction to be made from wages is not written, before making the deduction, the employer must give the employee written acknowledgement of the consent. 16 Amendment of s 396A (Recovery of health employment overpayments) (1) Section 396A— insert— (2A) However, a deduction under subsection (2) can not be made from the health employee’s final payment. Note — See section 396C in relation to deductions of overpayments from a health employee’s final payment. (2) Section 396A(5)— omit, insert— (5) A deduction can not be made in an amount that would result in the amount that is paid to a health employee on any single occasion, disregarding 2013 Act No. 29 Page 41

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 17] any other deductions for any other purpose, being less than the amount prescribed under a regulation. Examples of other deductions — an income tax deduction, a superannuation contribution paid by the employee, a deduction made with the consent of the employee (3) Section 396A(7), all definitions— relocate to section 390A, as inserted by this Act. (4) Section 396A(7), as amended— omit. 17 Amendment of s 396B (Recovery of health employment transition loans) (1) Section 396B(2), ‘equal’— omit, insert— up (2) Section 396B(5)— omit. 18 Insertion of new ss 396C and 396D After section 396B— insert— 396C Recovery of health employment overpayments on ceasing employment (1) This section applies if— (a) a health employer has paid a health employee an amount in relation to employment, or purportedly in relation to employment, to which the health employee is not entitled (the overpayment ); and Page 42 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 18] (b) when the employee ceases to be a health employee, all or part of the overpayment (the outstanding overpayment ) has not been recovered by a health employer. (2) When the employee ceases to be a health employee, a health employer may deduct from the employee’s final payment an amount up to the amount of the outstanding overpayment. (3) A health employer may recover the outstanding overpayment by making a deduction under subsection (2)— (a) even if the overpayment was made by another health employer during the health employee’s employment with the other health employer; and (b) regardless of when the overpayment was made. (4) This section— (a) is of general application to health employers and health employees and is not limited by any other provision of this division; and (b) does not affect the operation of section 396. 396D When employee ceases to be a health employee (1) For sections 396B and 396C, an employee ceases to be a health employee— (a) if, on ceasing employment with a health employer, the employee is entitled to be paid an amount for untaken leave; and (b) whether or not the employee subsequently begins new employment, or resumes previous employment, as a health employee, including employment on a casual basis. 2013 Act No. 29 Page 43

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 19] (2) This section does not limit the circumstances in which an employee otherwise ceases to be a health employee. 19 Amendment of ch 12, pt 9, div 3, hdg (Officers’ financial management duties) Chapter 12, part 9, division 3, heading, ‘financial management’— omit. 20 Amendment of s 526 (Application of div 3) Section 526, from ‘if an officer’— omit, insert— to an officer of an organisation in the performance of the officer’s functions or the exercise of the officer’s powers. 21 Replacement of s 527 (Duty of honesty) Section 527— omit, insert— 527 Duty of honesty, good faith and proper purpose The officer must act— (a) honestly; and (b) in good faith in the best interests of the organisation; and (c) for a proper purpose. Maximum penalty—3091 penalty units or 5 years imprisonment. Page 44 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 22] 22 Amendment of s 528 (Duty of reasonable care and diligence) Section 528, penalty— omit, insert— Maximum penalty—3091 penalty units or 5 years imprisonment. 23 Amendment of s 529 (Officers with material personal interests) (1) Section 529(1), after ‘management’— insert— or procurement activities (2) Section 529(2), after ‘must’— insert— by written notice (a disclosure notice ) (3) Section 529, penalties, ‘40 penalty units’— omit, insert— 3091 penalty units or 5 years imprisonment (4) Section 529— insert— (4) In this section— procurement activities means activities relating to— (a) the purchase of goods and services; or (b) the carrying out of work. services includes auditing services and legal services. 2013 Act No. 29 Page 45

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 23A] 23A Insertion of new ch 12, pt 9, divs 4 and 5 Chapter 12, part 9— insert— Division 4 Register of material personal interest disclosures 530A Register of material personal interest disclosures (1) This section applies if a disclosure notice is given to an organisation’s management committee by an officer of the organisation under section 529. (2) The organisation must keep, for at least 7 years after the date the disclosure notice was given, a written register of the following for the disclosure notice— (a) the name of the officer; (b) the date the disclosure notice was given; (c) a copy of the disclosure notice. Maximum penalty—40 penalty units. (3) The register kept under subsection (2) may be inspected by the following persons— (a) the registrar; (b) a member of the organisation’s management committee; (c) another person permitted by law to inspect the register. (4) A person mentioned in subsection (3) may ask the organisation to make the register available for inspection, free of charge, during the organisation’s business hours. Page 46 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 23A] (5) The organisation must comply with a request made under subsection (4). Maximum penalty—40 penalty units. (6) In this section— disclosure notice see section 529(2). Division 5 Statement of interests of officers holding management offices 530B Application of div 5 This division applies to an officer of an organisation who holds a management office in the organisation. 530C Definitions for div 5 (1) In this division— management office , for an organisation, means an office of the organisation mentioned in section 412(a) or (b). particulars , of an interest, means the financial and non-financial particulars of the interest prescribed under a regulation. (2) A reference in this division to an interest is a reference to the matter within its ordinary meaning under the general law and the definition in the ActsInterpretationAct1954 , section 36 does not apply. 530D Officer must file statement of interests (1) The officer must, within 1 month after being elected or appointed to the management office in the organisation, file a statement of the 2013 Act No. 29 Page 47

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 23A] particulars of each interest held by the officer or the officer’s spouse. Maximum penalty—85 penalty units. (2) However, the particulars of an interest held by the officer jointly or in common with the officer’s spouse need to be included in the statement only once. (3) Nothing in subsection (1) requires the statement to include any of the following— (a) the number or monetary value of shares; (b) the monetary value of an asset, investment or other interest; (c) the full street address of land; (d) the account number of, or amount held in, an account held with a financial institution. (4) To remove any doubt, it is declared that a person holds an interest if the person holds the interest— (a) alone; or (b) jointly or in common with another person. 530E Officer must file updated particulars (1) Subsection (2) applies if the officer becomes aware (including because of a change in the interests of the officer or the officer’s spouse) of any of the following matters— (a) that the officer has not filed a statement of the particulars of an interest held by the officer or the officer’s spouse; (b) that the particulars of an interest held by the officer or the officer’s spouse included in a statement filed by the officer are not, or are no longer, correct. Page 48 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 27] (2) The officer must file a statement of the particulars of the interest, or the correct particulars of the interest, within 1 month after the officer becomes aware of the matter. Maximum penalty—85 penalty units. 530F Exemption (1) This section applies if— (a) under another Act or law— (i) information about the interests held by the officer and the officer’s spouse is required to be recorded in a register or otherwise disclosed by the officer; and (ii) the information is published to the public; and (b) the officer has filed a written notice stating the matters mentioned in paragraph (a). (2) Sections 530D and 530E do not apply to the officer. 27 Replacement of ch 12, pt 12, hdg (Accounts and audit) Chapter 12, part 12, heading— omit, insert— Part 12 Finances and accountability 28 Amendment of s 551 (Definitions for pt 12) Section 551— insert— gift means— 2013 Act No. 29 Page 49

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 28] (a) the transfer of money, other property or other benefit— (i) without consideration; or (ii) for a consideration substantially less than full consideration; or (b) a loan of money or other property made on a permanent or indefinite basis, other than an overdraft facility. non-cash benefit means— (a) property or services in any form other than money; but (b) does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes. remuneration , of a person, includes— (a) superannuation contributions made for the person; and (b) an amount payable, or non-cash benefit made available, to the person under the terms and conditions of the person’s appointment or employment. sponsored hospitality benefit — (a) means a contribution, whether financial or non-financial, for the cost of travel undertaken or accommodation used by a person, whether in the person’s official capacity or another capacity; but (b) does not include a contribution mentioned in paragraph (a) given to a person by the person’s spouse, other family member or friend if there could not be a perception of a conflict of interest, financial or otherwise, relating to the contribution. Page 50 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 29] 29 Insertion of new ch 12, pt 12, divs 1A and 1B After section 553— insert— Division 1A Financial policies and training 553A Financial policies (1) An organisation must have a policy, complying with the requirements prescribed under a regulation, for each of the following— (a) decision-making about, and reporting of, the organisation’s financial matters; (b) authorisations and delegations relating to the organisation’s spending; (c) the organisation’s credit cards, including— (i) issuing, using and cancelling credit cards; and (ii) accountability for, reporting about, and audit of, the use of credit cards; (d) the organisation’s contracting activities, including the following— (i) tender and selection processes; (ii) reviewing significant contracts; (iii) disclosing the identity of, and arrangements with, key service providers; (e) travel and accommodation, including— (i) spending by the organisation; and (ii) receipt of sponsored hospitality benefits by its officers or employees from other entities; 2013 Act No. 29 Page 51

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 29] (f) spending on, and receipt of, entertainment and hospitality; Examples of entertainment and hospitality — • providing food or beverages to a person visiting the organisation in an official capacity • providing food or beverages for a conference, course, meeting, seminar, workshop or another forum held by the organisation for its officers, members, employees or other persons • paying for an officer or employee of the organisation to attend a function as part of the officer’s or employee’s official duties or obligations (g) gifts, including giving, receiving and disposing of gifts; (h) how complaints about financial matters are dealt with; (i) another matter relating to the financial management or accountability of the organisation prescribed under a regulation. Maximum penalty—85 penalty units. (2) In this section— contracting activities means activities for the making of a contract for— (a) the carrying out of work; or (b) the supply of goods or services; or (c) the lease of land; or (d) the disposal of assets. 553B Financial management training (1) This section applies if the registrar approves financial management training for this section. Page 52 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 29] (2) The organisation must ensure each of its financial management officers completes the approved financial management training— (a) within 3 months after the relevant day; and (b) at least once in each relevant period for the officer starting after the relevant day. Maximum penalty—40 penalty units. (3) The registrar must publish information about financial management training approved for this section on the QIRC website. (4) In this section— financial management officer , for an organisation, means an officer who holds an office that includes performing functions or exercising powers relating to the organisation’s financial management. relevant day means— (a) if the officer is a financial management officer on the day the training is approved—that day; or (b) otherwise—the day the officer becomes, or again becomes, a financial management officer. relevant period , for a financial management officer of an organisation, means each period of 2 years the officer is a financial management officer for the organisation, worked out by disregarding any period the officer is not a financial management officer for the organisation. 2013 Act No. 29 Page 53

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 29] Division 1B Requirements for spending for political purposes Subdivision 1 Preliminary 553BA Division does not apply to organisations with local government members This division does not apply to an organisation if each of the members of the organisation is— (a) a local government; or (b) the mayor or a councillor of a local government. 553C When does an organisation spend money for a political purpose (1) An organisation spends money for a political purpose if it spends money for, or by the way of, any of the following— (a) giving a gift to a political party; (b) giving a gift to, or paying the costs or expenses of, a candidate for election, whether before, during or after the candidate’s candidature or election; (c) publication or distribution in any way, including through advertising, of material about a political matter; (d) conducting opinion polling, or otherwise ascertaining opinions, about a political matter; (e) another activity related to a political matter prescribed under a regulation; Page 54 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 29] (f) giving an amount to a person on the understanding that the person or someone else will apply, either directly or indirectly, the whole or a part of the amount for an activity mentioned in paragraph (a) to (e). (2) However, an organisation does not spend money for a political purpose if— (a) the organisation spends money for an activity mentioned in subsection (1)(c), (d), (e) or (f); and (b) the activity engages or involves only members of the organisation. Examples — • an organisation distributes brochures containing material about a political matter only to its members • an organisation conducts opinion polling about a political matter only of its members (3) In this section— publication , of material, does not include designing, printing or otherwise preparing the material. 553CA Other definitions for div 1B In this division— candidate for election — (a) means a candidate for election to a legislature or local government; and (b) includes a prospective candidate. legislature means— (a) the Legislative Assembly; or (b) the legislature of the Commonwealth or another State. 2013 Act No. 29 Page 55

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2 Amendment of Industrial Relations Act 1999 [s 29] local government means a local government or a local government of another State. political matter means— (a) a political party; or (b) a candidate for election; or (c) a matter that a reasonable person would associate with a political object. political object means— (a) a political party or other political organisation; or (b) a political cause or belief. political party means an entity whose object, or 1 of whose objects, is the promotion of the election to a legislature or local government of a candidate or candidates for election endorsed by it, or by an entity of which it is a part. Subdivision 2 Authorisation for particular spending for political purposes Page 56 553D Particular spending for political purposes must be authorised by ballot (1) This section applies if— (a) an organisation intends to spend an amount for a political purpose for a political object in a financial year; and (b) the organisation has spent or, if the amount is spent, the organisation will have spent, in the financial year, more than $10000 for the same political purpose and the same political object. 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2A Amendment of Anti-Discrimination Act 1991 [s 59A] untaken leave , for chapter 11, part 2, division 3, see section 390A. (3) Schedule 5— insert — commissioner see section 256(1). deputy president means— (a) a deputy president (court); or (b) a person appointed as a deputy president of the commission under section 258A. deputy president (court) means a person appointed as a deputy president (court) of the court under section 246C. industrial commissioner means a person appointed as an industrial commissioner under section 259. member — (a) of the court means the president, the vice-president or a deputy president (court); or (b) of the commission means a commissioner. vice-president means the person appointed as the vice-president of the court under section 246A. Part 2A Amendment of Anti-Discrimination Act 1991 59A Act amended This part amends the Anti-Discrimination Act 1991 . Page 120 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2B Amendment of Commissions of Inquiry Act 1950 [s 59B] 59B Amendment of s 106A (Compulsory retirement age under legislation etc.) (1) Section 106A(1)(e), ‘President’— omit, insert— president, the vice-president or a deputy president (court) (2) Section 106A(1)(f), before ‘an industrial’— insert— a deputy president appointed under the IndustrialRelations Act 1999 , section 258A or Part 2B Amendment of Commissions of Inquiry Act 1950 59C Act amended This part amends the Commissions of Inquiry Act 1950 . 59D Amendment of s 4A (Interaction of commission with courts etc.) Section 4A(1)(b), ‘a member of the said’— omit, insert — the president of the 2013 Act No. 29 Page 121

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2C Amendment of Corrective Services Act 2006 [s 59E] Part 2C Amendment of Corrective Services Act 2006 59E Act amended This part amends the Corrective Services Act 2006 . 59F Amendment of s 209 (Automatic cancellation of order by further imprisonment) (1) Section 209(3)(b)(iii)— omit . (2) Section 209(3)(b)(iv)— renumber as section 209(3)(b)(iii). Part 2D Amendment of Criminal Code 59G Code amended This part amends the Criminal Code. 59H Amendment of s 227C (Persons who are not criminally responsible for offences against ss 227A and 227B) (1) Section 227C(3), definition supervision order , paragraph (d)— omit . (2) Section 227C(3), definition supervision order , paragraph (e)— renumber as paragraph (d). Page 122 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2E Amendment of Drug Court Act 2000 [s 59I] 59I Amendment of s 552H (Maximum penalty for indictable offences dealt with summarily) Section 552H(1)— omit , insert — (1) A person is liable on summary conviction under section 552A, 552B or 552BA to a maximum penalty of— (a) if the Magistrates Court is constituted by a magistrate—100 penalty units or 3 years imprisonment; or (b) if the Magistrates Court is constituted by justices under section 552C(1)(b)—100 penalty units or 6 months imprisonment. Part 2E Amendment of Drug Court Act 2000 59J Act amended This part amends the Drug Court Act 2000. 59K Amendment of s 12A (Application of pt 3A) Section 12A— insert — Note — See section 12B(1A) for the ending of referrals for indicative assessment under this part. 59L Amendment of s 12B (Referral for indicative assessment) (1) Section 12B— insert — 2013 Act No. 29 Page 123

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2E Amendment of Drug Court Act 2000 [s 59M] (1A) However, a magistrate must not decide to refer a person for an indicative assessment on or after the relevant day. (2) Section 12B(4)— insert — Note —— See section 12E for how a drug court magistrate must deal with the proceeding after an indicative assessment report has been submitted. (3) Section 12B(6)— omit . 59M Insertion of new s 12E Part 3A— insert — 12E Dealing with proceedings after submission of indicative assessment report (1) If an indicative assessment report about a person is given to a drug court magistrate on or after the relevant day, the magistrate must exercise the jurisdiction of a Magistrates Court and deal with the person according to law. (2) A drug court magistrate may take account of the indicative assessment report when sentencing the person for the offence. 59N Amendment of s 13 (Application of pt 4) Section 13— insert — Note — See section 16C for the ending of referrals for assessment under this part. Page 124 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2E Amendment of Drug Court Act 2000 [s 59O] 59O Amendment of s 15 (Deciding whether to refer for assessment) Section 15— insert — (3) However, a magistrate must not make a decision about whether the person appears to be an eligible person, or to refer the person for assessment on or after the relevant day. 59P Amendment of s 16 (Referral for assessment) Section 16(5)— insert — Note — See section 16C for how a drug court magistrate must deal with the proceeding if an assessment report or a pre-sentence report is submitted on or after the relevant day. 59Q Amendment of s 16A (Assessment report) Section 16A(4)— insert — Note — See section 16C for how a drug court magistrate must deal with the proceeding if an assessment report or a pre-sentence report is submitted on or after the relevant day. 59R Insertion of new s 16C Part 4— insert — 16C Dealing with proceedings after submission of assessment report and pre-sentence report (1) If an assessment report or a pre-sentence report about a person is given to a drug court magistrate 2013 Act No. 29 Page 125

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2E Amendment of Drug Court Act 2000 [s 59S] on or after the relevant day, the magistrate must exercise the jurisdiction of a Magistrates Court and deal with the person according to law. (2) A drug court magistrate may take account of the assessment report and the pre-sentence report when sentencing the person for the offence. 59S Amendment of s 17 (Application of pt 5) Section 17(2)— omit , insert — (2) However, if the person appears before the drug court magistrate on or after the relevant day— (a) division 2, other than section 26(2), does not apply to the person; and (b) the magistrate must exercise the jurisdiction of a Magistrates Court and deal with the person according to law. 59T Amendment of s 29 (Dealing with offenders if no intensive drug rehabilitation order made) Section 29, ‘decides not to’— omit , insert — does not 59U Amendment of s 33 (Amending intensive drug rehabilitation orders) Section 33— insert — (1A) Also, if a drug court magistrate must conduct a court review in relation to an offender, the magistrate must amend the requirements of the offender’s intensive drug rehabilitation order or Page 126 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2E Amendment of Drug Court Act 2000 [s 59V] rehabilitation program if the magistrate is satisfied on the balance of probabilities the offender can, before 30 June 2013— (a) comply with the amended intensive drug rehabilitation order and complete the amended rehabilitation program; and (b) be sentenced under section 36. (1B) However, a drug court magistrate need not amend the requirements of an intensive drug rehabilitation order or rehabilitation program if the magistrate is satisfied on the balance of probabilities the offender can, before 30 June 2013— (a) comply with the intensive drug rehabilitation order and complete the rehabilitation program; and (b) be sentenced under section 36. (4) In this section— court review means a review by a drug court requiring the attendance of an offender who is subject to an intensive drug rehabilitation order. 59V Amendment of s 34 (Terminating rehabilitation programs) (1) Section 34(1)— insert — (f) a warrant is issued for the offender’s arrest under section 40(1)(a). (2) Section 34— insert — (1A) Also, a drug court magistrate must terminate a rehabilitation program decided for an offender if the magistrate is satisfied on the balance of 2013 Act No. 29 Page 127

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2E Amendment of Drug Court Act 2000 [s 59W] probabilities there are not reasonable prospects the offender can, before 30 June 2013— (a) comply with the intensive drug rehabilitation order or complete the rehabilitation program; and (b) be sentenced under section 36. (3) Section 34(3)(a)— omit , insert — (a) order that the record of the conviction for the offence be revoked; and Note — For the effect of not recording a conviction, see the Penalties and Sentences Act 1992 , section 12. (4) Section 34(3)(c), ‘Supreme Court’— omit , insert — District Court 59W Omission of s 35A (Inclusion of new rehabilitation program) Section 35A— omit . 59X Amendment of s 36 (Final sentence to be decided on completion or termination of rehabilitation program) Section 36(1)(b) and (2)— omit , insert — (b) if the offence for which the offender’s intensive drug rehabilitation order was made was not a prescribed drug offence—for any reason. (2) The magistrate must, before 30 June 2013— Page 128 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2E Amendment of Drug Court Act 2000 [s 59Y] (a) reconsider the offender’s initial sentence; and (b) vacate the intensive drug rehabilitation order; and (c) impose a final sentence. 59Y Amendment of s 40 (Arrest warrants) Section 40(4)— omit, insert — (4) If the warrant is issued under subsection (1)(a), the drug court magistrate may remand the offender in custody to appear before a drug court magistrate if the drug court magistrate decides to— (a) reserve making a decision about terminating the offender’s rehabilitation program; or (b) terminate the offender’s rehabilitation program under section 34. (4A) If the warrant is issued under subsection (1)(b) and the offence for which the offender’s intensive drug rehabilitation order was made was not a prescribed drug offence, the drug court magistrate may remand the offender in custody to appear before a drug court magistrate to be sentenced under section 36 before 30 June 2013. 59Z Insertion of new s 40A After section 40— insert — 40A Dealing with offender after arrest but no final sentence decided before 30 June 2013 (1) This section applies if an offender is arrested on the authority of a warrant issued under section 40 2013 Act No. 29 Page 129

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2E Amendment of Drug Court Act 2000 [s 59Z] Page 130 and brought before a drug court magistrate after the relevant day but can not be sentenced under section 36 before 30 June 2013. (2) The drug court magistrate must— (a) order that the record of the conviction for the offence be revoked; and Note — For the effect of not recording a conviction, see the Penalties and Sentences Act 1992 , section 12. (b) vacate the offender’s intensive drug rehabilitation order; and (c) deal with the offender according to law. (3) The magistrate— (a) may remand the offender in custody to appear before a magistrate; or (b) may release the offender on bail to appear before a magistrate; or (c) if either of the following applies must, under the JusticesAct1886 , section 113, commit the offender to the District Court for sentence— (i) the offence, in relation to which the intensive drug rehabilitation order for the offender was made, is a prescribed drug offence; (ii) the magistrate is satisfied, under the CriminalCode, section 552D, the offender, if dealt with under subsection (2)(c), may not be adequately punished on summary conviction. Note — For the maximum penalty for indictable offences dealt with summarily, see the Criminal Code, section 552H. 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2E Amendment of Drug Court Act 2000 [s 59ZA] (4) Subsection (3)(c) applies even though the magistrate has not addressed the defendant as required under the JusticesAct1886 , section 104(2). (5) In sentencing an offender to whom subsection (3)(a) or (b) applies, the magistrate must have regard to the initial sentence contained in the offender’s intensive drug rehabilitation order. (6) To remove any doubt, it is declared that— (a) the Bail Act 1980 applies to an offender who is arrested on the authority of a warrant issued under section 40 and to whom subsection (1) applies; and (b) in applying the Penalties and Sentences Act1992 , section 159A, to a sentence for a term of imprisonment imposed on an offender under this section, time spent in custody, other than under section 32(1)(f), is taken to be imprisonment already served under the sentence. 59ZA Insertion of new s 45 Part 6— insert — 45 Expiry of Act This Act expires on 30 June 2013. 59ZB Amendment of schedule (Dictionary) Schedule— insert — relevant day means the day section 12E commences. 2013 Act No. 29 Page 131

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2F Amendment of Judicial Remuneration Act 2007 [s 59ZC] Part 2F Amendment of Judicial Remuneration Act 2007 59ZC Act amended This part amends the Judicial Remuneration Act 2007 . 59ZD Amendment of s 12 (Presidential members of the Industrial Commission) (1) Section 12, heading, ‘of the Industrial Commission’— omit, insert — under the Industrial Relations Act 1999 (2) Section 12(2), ‘Vice President of the Industrial Commission’— omit, insert — Vice-President of the Industrial Court (3) Section 12(3), ‘Industrial Commission’— omit, insert — Industrial Court or Commission 59ZE Amendment of s 13 (Commissioner other than a presidential member of the Industrial Commission) (1) Section 13, heading— omit, insert— 13 Industrial Commissioner (2) Section 13, ‘A commissioner, other than a presidential member of the Industrial Commission,’— omit, insert— An industrial commissioner Page 132 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2F Amendment of Judicial Remuneration Act 2007 [s 59ZF] 59ZF Amendment of s 16 (Jurisprudential allowance) Section 16(2)(e), ‘Vice President of the Industrial Commission’— omit, insert— Vice-President of the Industrial Court 59ZG Amendment of s 20 (Education and conference allowance) Section 20(2)(a) and (b)— omit, insert— (a) a deputy president of the Industrial Court or Commission; (b) an industrial commissioner. 59ZH Amendment of s 22 (Long leave allowance) Section 22(2)(d), ‘of the Industrial Commission’ — omit, insert— under the Industrial Relations Act 1999 59ZI Amendment of s 29 (Notice of election) Section 29(a)— omit, insert— (a) for a presidential member under the IndustrialRelationsAct1999— the chief executive of the department in which that Act is administered; 59ZJ Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions commissioner , deputy president of the Industrial Commission , presidential member , Vice President of the Industrial Commission — 2013 Act No. 29 Page 133

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2G Amendment of Justices Act 1886 [s 59ZK] omit. (2) Schedule 2— insert— deputy president of the Industrial Court or Commission means a deputy president under the Industrial Relations Act 1999 . industrial commissioner means an industrial commissioner under the Industrial Relations Act1999 . Vice-President of the Industrial Court means the vice-president under the Industrial Relations Act1999 . (3) Schedule 2, definition judicial office , paragraphs (i) to (k)— omit, insert— (i) Vice-President of the Industrial Court; (j) deputy president of the Industrial Court or Commission; (k) industrial commissioner; Part 2G Amendment of Justices Act 1886 59ZK Act amended This part amends the Justices Act 1886 . 59ZL Amendment of s 154 (Copies of record) Section 154— insert — (6) In this section— Page 134 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2H Amendment of Local Government Act 2009 [s 59ZM] exhibit includes a document that— (a) was given to a drug court under the repealed Drug Court Act 2000 ; and (b) is about an offender who had appeared before a magistrate who was allocated the functions of a drug court magistrate under section 10 of that Act. Part 2H Amendment of Local Government Act 2009 59ZM Act amended This part amends the Local Government Act 2009 . 59ZN Amendment of s 185 (Remuneration and appointment conditions of members) Section 185(3), ‘commissioner under’— omit, insert— commissioner, other than the president, under Part 2I Amendment of Penalties and Sentences Act 1992 59ZO Act amended This part amends the Penalties and Sentences Act 1992. 2013 Act No. 29 Page 135

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2I Amendment of Penalties and Sentences Act 1992 [s 59ZP] 59ZP Insertion of new pt 14, div 6 Part 14— insert — Division 6 Transitional provisions for expiry of Drug Court Act 2000 227 Definitions for div 6 In this division— Drug Court Act means the Drug Court Act 2000 as in force before its expiry. intensive drug rehabilitation order means an order made under the Drug Court Act, section 19. 228 Application of div 6 This division applies from 1 July 2013. 229 Continuation of warrants (1) This section applies to a warrant issued under the DrugCourtAct, section 40, for an offender before 30 June 2013— (a) but not enforced; or (b) enforced but not returned before a drug court magistrate before that day. (2) The warrant is taken to be a warrant— (a) issued by a magistrate; and (b) that authorises any police officer to arrest the offender and bring the offender before a magistrate. Page 136 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 2I Amendment of Penalties and Sentences Act 1992 [s 59ZP] 230 Dealing with offences after enforcement of warrant (1) This section applies if— (a) an offender is arrested on a warrant mentioned in section 229; and (b) the offender is brought before a magistrate. (2) The magistrate must— (a) order that the record of the conviction for the offence be revoked; and Note — For the effect of not recording a conviction, see section 12. (b) vacate the offender’s intensive drug rehabilitation order; and (c) deal with the offender according to law. (3) Also, the magistrate must, under the Justices Act1886 , section 113, commit the offender to the District Court for sentence if— (a) the offence, in relation to which the intensive drug rehabilitation order for the offender was made, is a prescribed drug offence under the Drug Court Act; or (b) the magistrate is satisfied, under the Criminal Code, section 552D, the offender, if dealt with under subsection (2)(c), may not be adequately punished on summary conviction. Note — For the maximum penalty for indictable offences dealt with summarily, see the CriminalCode, section 552H. (4) Subsection (3) applies even though the magistrate has not addressed the defendant as required under the Justices Act 1886 , section 104(2). 2013 Act No. 29 Page 137

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 3 Amendment of Public Service Act 2008 [s 60] (5) To remove any doubt, it is declared that— (a) the BailAct1980 applies to the offender; and (b) the offender has pleaded guilty to the offence under the DrugCourtAct, section 19(c). 231 Sentencing an offender after enforcement of warrant (1) This section applies if a magistrate sentences an offender to whom section 230 applies. (2) In sentencing the offender, the magistrate must have regard to the initial sentence contained in the offender’s intensive drug rehabilitation order. (3) To remove any doubt, it is declared that, in applying section 159A to a sentence for a term of imprisonment imposed on an offender under this section, time spent in custody under the DrugCourtAct, other than under section 32(1)(f) of that Act, is taken to be imprisonment already served under the sentence. Part 3 Amendment of Public Service Act 2008 60 Act amended This part amends the Public Service Act 2008 . 60A Amendment of s 13 (Act does not apply to particular offices and employment) Section 13(2), ‘industrial commissioner’— Page 138 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 3 Amendment of Public Service Act 2008 [s 61] omit, insert — commissioner under the Industrial Relations Act 1999 61 Amendment of s 88AA (Definition for pt 5) (1) Section 88AA, heading, ‘Definition’— omit, insert— Definitions (2) Section 88AA— insert— vice-president means the vice-president under the Industrial Relations Act 1999 . 62 Amendment of s 88A (Appeals officers) (1) Section 88A(1), ‘1 or more’— omit, insert— the vice-president and 1 or more other (2) Section 88A(4) to (6)— renumber as section 88A(5) to (7). (3) Section 88A— insert— (4) If the person is the vice-president and stops holding office as the vice-president, the person continues to hold office as an appeals officer unless the person also stops holding office as a member of the IRC. (4) Section 88A(7), as renumbered, ‘(5)’— omit, insert — (6) (5) Section 88A(7)(a), as renumbered, ‘section 258’— 2013 Act No. 29 Page 139

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 3 Amendment of Public Service Act 2008 [s 63] omit, insert— section 246A 63 Insertion of new s 88B After section 88A— insert— 88B Senior appeals officer (1) The vice-president is also the senior appeals officer. (2) In section 88A— (a) a reference to the functions of office of an appeals officer includes the functions of office of the senior appeals officer; and (b) a reference to service as an appeals officer includes service as the senior appeals officer. 64 Amendment of s 88C (Appeals officer’s function) (1) Section 88C, heading, ‘function’— omit, insert— functions (2) Section 88C(2)— renumber as section 88C(4). (3) Section 88C— insert— (2) The senior appeals officer’s functions are also to make decisions and directions about practice under sections 203A and 203B. (3) The senior appeals officer may delegate his or her functions under subsection (2) to another appeals officer. Page 140 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 3 Amendment of Public Service Act 2008 [s 65] (4) Section 88C(4), as renumbered, ‘(5)’— omit, insert— (6) (5) Section 88C(4), as renumbered, ‘function mentioned in subsection (1)’— omit, insert— functions under this section 65 Amendment of s 203 (Appeals officer may decide procedures) Section 203(2), from ‘comply with’— omit, insert— comply with— (a) this part; and (b) any relevant procedural rules prescribed under a regulation; and (c) a decision of the senior appeals officer made for the appeal under section 203A; and (d) any practice directions made under section 203B. 66 Insertion of new ss 203A and 203B After section 203— insert— 203A Senior appeals officer may decide procedures (1) The senior appeals officer may decide the procedures to be followed in a particular appeal. (2) The senior appeals officer may make a decision under subsection (1) on the officer’s own 2013 Act No. 29 Page 141

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 3 Amendment of Public Service Act 2008 [s 67] initiative or on the application of a party to the appeal. (3) However, a decision of the senior appeals officer under subsection (1) must be consistent with this part or any relevant procedural rules prescribed under a regulation. 203B Practice directions (1) The senior appeals officer may make practice directions about the practices and procedures to be followed in appeals. (2) A practice direction must not be inconsistent with this part or any relevant procedural rules prescribed under a regulation. (3) To remove any doubt, it is declared that a practice direction is not subordinate legislation. 67 Amendment of s 214A (Protection of appeals officials from liability) Section 214A(3), note,‘(6)’— omit, insert— (7) 68 Insertion of new ch 9, pt 10 Chapter 9— insert— Page 142 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 3 Amendment of Public Service Act 2008 [s 69] Part 10 Transitional provision for Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 285 Practice directions etc. for appeals started before commencement (1) This section applies to an appeal started under chapter 7, part 1 that, at the commencement, has not been decided or withdrawn. (2) The senior appeals officer may decide, under section 203A, the procedures to be followed in the appeal. (3) A practice direction made under section 203B applies to the appeal. (4) In this section— amending Act means the Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 . commencement means the commencement of this section. 69 Amendment of sch 4 (Dictionary) Schedule 4— insert— senior appeals officer see section 88B. 2013 Act No. 29 Page 143

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 3A Amendment of Residential Tenancies and Rooming Accommodation Act 2008 [s 69A] vice-president , for chapter 3, part 5, see section 88AA. Part 3A Amendment of Residential Tenancies and Rooming Accommodation Act 2008 69A Act amended This part amends the ResidentialTenanciesandRoomingAccommodation Act 2008. 69B Omission of s 42 (Intensive drug rehabilitation order) Section 42— omit . Part 3B Amendment of Trading (Allowable Hours) Act 1990 69C Act amended This part amends the Trading (Allowable Hours) Act 1990 . 69D Amendment of s 4 (Meaning of terms) Section 4, definition commissioner — omit, insert — commissioner means a commissioner, other than the president, under the Industrial Relations Act1999 . Page 144 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 4 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 70] Part 4 Amendment of Workers’ Compensation and Rehabilitation Act 2003 70 Act amended This part amends the Workers’CompensationandRehabilitationAct 2003 . 71 Amendment of s 11 (Who is a worker) Section 11(1)— omit, insert— (1) A worker is a person who— (a) works under a contract; and (b) in relation to the work, is an employee for the purpose of assessment for PAYG withholding under the Taxation Administration Act 1953 (Cwlth), schedule 1, part 2-5 . 72 Amendment of s 30 (Who is an employer) Section 30(1)— omit, insert— (1) An employer is a person who engages a worker to perform work. 73 Amendment of s 66 (Employer’s liability for excess period) Section 66(4)(b), ‘the contract of service’— omit, insert— a contract 2013 Act No. 29 Page 145

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 4 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 74] 74 Amendment of s 585 (Entitlements to compensation under contract of employment prohibited and void) Section 585(3), definition contract of employment , ‘of service’— omit, insert— with a worker 75 Insertion of new ch 29 After section 673— insert— Page 146 2013 Act No. 29

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 4 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 76] Chapter 29 Transitional provision for Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 674 Provision about workers and employers (1) Sections 11 and 30, and schedule 2, as in force immediately before 1 July 2013, continue to apply to an injury sustained by a worker after 17 November 2004 but before 1 July 2013 as if the amending Act had not been enacted. (2) In this section— amending Act means the Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013. 76 Amendment of sch 2 (Who is a worker in particular circumstances) (1) Schedule 2, part 1, items 1 and 2— omit. (2) Schedule 2, part 1, items 3 to 8— renumber as schedule 2, part 1, items 1 to 6. (3) Schedule 2, part 2— 2013 Act No. 29 Page 147

Industrial Relations (Transparency and Accountability of Industrial Organisations) and OtherActs Amendment Act 2013 Part 4 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 76] insert— 6 A person is not a worker if— (a) the person works for another person under a contract; and (b) a personal services business determination is in effect for the person performing the work under the Income Tax Assessment Act 1997 (Cwlth), section 87-60. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 148 2013 Act No. 29