2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2014 (No 2)

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Administration and Probate Act 1929
	4	Distribution of assets
Section 64 (1), new note	3
	5	New section 126	3
	6	Dictionary, note 2	4
Part 3	Agents Act 2003
	7	Real estate salespeople must be registered
Section 45 (1) (b)	5
	8	New section 45 (3)	5
	9	Stock and station salespeople must be registered
Section 46 (1) (b)	5
	10	New section 46 (3)	5
	11	Business salespeople must be registered
Section 47 (1) (b)	6
	12	New section 47 (3)	6
	13	If no trust money held during audit period
Section 116	6
Part 4	Family Provision Act 1969
	14	Property available for provision
Section 20 (2) (b) (i)	7
Part 5	Human Rights Commission Act 2005
	15	Third-party reports
Section 83 (1) and example and note	8
	16	Section 83 (2) and (3)	9
	17	Information about complaints
Section 95 (2)	9
Part 6	Powers of Attorney Act 2006
	18	Appointment of attorneys
Section 13 (3)	10
Part 7	Public Trustee Act 1985
	19	New section 66	11
Schedule 1	Information Privacy Act 2014—Consequential amendments	12
Part 1.1	ACT Teacher Quality Institute Act 2010	12
Part 1.2	Adoption Regulation 1993	12
Part 1.3	Children and Young People Act 2008	13
Part 1.4	Construction Occupations (Licensing) Act 2004	14
Part 1.5	Crimes (Forensic Procedures) Act 2000	14
Part 1.6	Crimes (Surveillance Devices) Act 2010	15
Part 1.7	Government Procurement Act 2001	15
Part 1.8	Health (National Health Funding Pool and Administration) Act 2013	16
Part 1.9	Heavy Vehicle National Law (ACT) Act 2013	16
Part 1.10	Information Privacy Act 2014	17
Part 1.11	Legislation Act 2001	18
Part 1.12	Planning and Development Act 2007	18
Part 1.13	Racing Act 1999	19
Part 1.14	Residential Tenancies Act 1997	19
Part 1.15	Retirement Villages Regulation 2013	20
Part 1.16	Road Transport (Driver Licensing) Act 1999	20
Part 1.17	Road Transport (Driver Licensing) Regulation 2000	21
Part 1.18	Road Transport (General) Act 1999	21
Part 1.19	Road Transport (Public Passenger Services) Act 2001	22
Part 1.20	Road Transport (Public Passenger Services) Regulation 2002	22
Part 1.21	Road Transport (Vehicle Registration) Act 1999	23
Part 1.22	Security Industry Regulation 2003	24
Part 1.23	Unit Titles (Management) Act 2011	25
Part 1.24	Utilities Act 2000	25

2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2014 (No 2)

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

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Justice and Community Safety Legislation Amendment Act 2014 (No 2).
2	Commencement
This Act commences on the 7th day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the following legislation:
·	Administration and Probate Act 1929
·	Agents Act 2003
·	Family Provision Act 1969
·	Human Rights Commission Act 2005
·	Powers of Attorney Act 2006
·	Public Trustee Act 1985.
Note	This Act also amends other legislation (see sch 1).

Part 2	Administration and Probate Act 1929
4	Distribution of assets
Section 64 (1), new note
insert
Note	If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.
5	New section 126
in part 9, insert
126	People entitled to inspect will of deceased person
	(1)	A person who has possession or control of a deceased person’s will must, on request in writing by an interested person, allow the interested person to inspect, or be given copies of, the will or any copies of the will in the person’s possession or control.
	(2)	The interested person must bear any cost of a request under subsection (1).
	(3)	In this section:
interested person, in relation to a deceased person’s will, means any of the following:
	(a)	a person named or referred to in the will, including a person who is a beneficiary under the will;
	(b)	a person named in an earlier will as a beneficiary under the will;
	(c)	a domestic partner or child of the deceased person;
Note	Domestic partner—see the Legislation Act, s 169.
	(d)	a parent or guardian of the deceased person;
	(e)	a parent or guardian of a person younger than 18 years old who is a beneficiary under the will;
	(f)	a parent or guardian of a person younger than 18 years old who would be entitled to a share of the estate if the deceased person had died intestate;
	(g)	a person who would be entitled to a share of the estate if the deceased person had died intestate;
	(h)	a person who, immediately before the death of the deceased person, was a guardian or manager for the person under the Guardianship and Management of Property Act 1991;
	(i)	an attorney under an enduring power of attorney made by the deceased person.
will includes a revoked will, an informal will or a codicil.
6	Dictionary, note 2
insert
·	domestic partner (see s 169 (1))

Part 3	Agents Act 2003
7	Real estate salespeople must be registered
Section 45 (1) (b)
omit
pretends to be employed
substitute
is, or pretends to be, employed
8	New section 45 (3)
insert
	(3)	This section does not apply to the provision of a service by a person who is licensed to provide the service.
9	Stock and station salespeople must be registered
Section 46 (1) (b)
omit
pretends to be employed
substitute
is, or pretends to be, employed
10	New section 46 (3)
insert
	(3)	This section does not apply to the provision of a service by a person who is licensed to provide the service.
11	Business salespeople must be registered
Section 47 (1) (b)
omit
pretends to be employed
substitute
is, or pretends to be, employed
12	New section 47 (3)
insert
	(3)	This section does not apply to the provision of a service by a person who is licensed to provide the service.
13	If no trust money held during audit period
Section 116
omit

Part 4	Family Provision Act 1969
14	Property available for provision
Section 20 (2) (b) (i)
omit
12 months
substitute
6 months

Part 5	Human Rights Commission Act 2005
15	Third-party reports
Section 83 (1) and example and note
substitute
	(1)	The commission may give a third party a report (a third-party report) other than a final report if, in considering a complaint, the commission is satisfied—
	(a)	that—
	(i)	the third party has acted inconsistently with an applicable standard that applies to the third party, or is otherwise failing to adequately do something the third party is required to do; or
Note	Applicable standard—see the dictionary.
	(ii)	the report is about matters of public policy; or
	(iii)	the report is about matters that the third party has an appropriate interest in; and
	(b)	that it is in the public interest to give the report.
Examples—people to whom third-party report may be given
1	a Minister
2	a non-government provider
3	the employer of the person complained about
4	a health profession board
5	a hospital or other institution where services are provided by the person complained about
6	a funding body
Examples—what third-party report may be about
1	systemic issues
2	issues of public interest
3	issues relating to safety
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
16	Section 83 (2) and (3)
omit
recommendation
substitute
third-party report
17	Information about complaints
Section 95 (2)
after
must provide information
insert
in a prominent position

Part 6	Powers of Attorney Act 2006
18	Appointment of attorneys
Section 13 (3)
substitute
	(3)	However, an adult must not, by a power of attorney, appoint a person younger than 18 years old as an attorney.

Part 7	Public Trustee Act 1985
19	New section 66
in part 7, insert
66	Public trustee may require information or documents
	(1)	The public trustee may, by written notice given to any entity (other than an individual), require the entity to give the public trustee stated information or documents relevant to the exercise of the public trustee’s functions under this Act or another territory law.
	(2)	The notice must state a reasonable period (not less than 14 days) within which the information or documents must be given.

Schedule 1	Information Privacy Act 2014—Consequential amendments
(see s 3)
Part 1.1	ACT Teacher Quality Institute Act 2010
[1.1]	Section 42 (3), note
substitute
Note	The Territory privacy principles (the TPPs) apply to the institute (see Information Privacy Act 2014, sch 1). The TPPs deal with the collection, storage and exchange of personal information.
Part 1.2	Adoption Regulation 1993
[1.2]	Section 21
substitute
21	Private adoption agencies not to breach Territory privacy principles
	(1)	A private adoption agency commits an offence if it does something that would, if it were a public sector agency for the Information Privacy Act 2014, breach a Territory privacy principle within the meaning of that Act.
Maximum penalty: 5 penalty units.
Note	The Territory privacy principles (the TPPs) are contained in the Information Privacy Act 2014, sch 1. The TPPs deal with the following issues:
	(a)	open and transparent management of personal information;
	(b)	anonymity and pseudonymity;
	(c)	collection of solicited personal information;
	(d)	dealing with unsolicited personal information;
	(e)	notification of the collection of personal information;
	(f)	use or disclosure of personal information;
	(g)	cross-border disclosure of personal information;
	(h)	quality of personal information;
	(i)	security of personal information;
	(j)	access to personal information;
	(k)	correction of personal information.
	(2)	An offence against this section is a strict liability offence.
Part 1.3	Children and Young People Act 2008
[1.3]	Section 280 (5), definition of protected mail, paragraph (e)
substitute
	(e)	the information privacy commissioner;
[1.4]	Section 875 (2), examples
insert
·	Information Privacy Act 2014
[1.5]	Dictionary, note 2
insert
·	information privacy commissioner
[1.6]	Dictionary, note 2
omit
·	privacy commissioner
Part 1.4	Construction Occupations (Licensing) Act 2004
[1.7]	Section 102 (1), note 1
substitute
Note 1	The Territory privacy principles apply to the registrar (see Information Privacy Act 2014, sch 1).
Part 1.5	Crimes (Forensic Procedures) Act 2000
[1.8]	Section 96 (2) (g)
substitute
	(g)	the purpose of investigation of a complaint by the information privacy commissioner (or someone who has corresponding functions under the law of another participating jurisdiction).
[1.9]	Section 96 (3) (d)
substitute
	(d)	the information privacy commissioner;
[1.10]	Section 111 (2) (h)
substitute
	(h)	the purpose of investigation of a complaint by the information privacy commissioner (or someone who has corresponding functions under the law of another participating jurisdiction).
[1.11]	Dictionary, note 2
insert
·	information privacy commissioner
[1.12]	Dictionary, note 2
omit
·	privacy commissioner
Part 1.6	Crimes (Surveillance Devices) Act 2010
[1.13]	Section 34 (7) (h)
substitute
	(h)	an investigation under the Information Privacy Act 2014 or another law of the Territory, a participating jurisdiction or the Commonwealth concerning the privacy of personal information.
Part 1.7	Government Procurement Act 2001
[1.14]	Section 35 (1), note 1
substitute
Note 1	The Territory privacy principles apply to a Territory entity.
[1.15]	Section 35 (4), definition of personal information
substitute
personal information—see the Information Privacy Act 2014, section 8.
[1.16]	Section 41, note 2
substitute
Note 2	The Territory privacy principles under the Information Privacy Act 2014 provide for the disclosure of personal information in certain circumstances.
Part 1.8	Health (National Health Funding Pool and Administration) Act 2013
[1.17]	New section 31 (ba)
insert
	(ba)	the Information Privacy Act 2014;
Part 1.9	Heavy Vehicle National Law (ACT) Act 2013
[1.18]	New section 9 (1) (ca)
insert
	(ca)	the Information Privacy Act 2014;
[1.19]	Section 9 (1), note
substitute
Note	The Freedom of Information Act 1989 does not apply to the Regulator and the Board (see Freedom of Information Regulation 1991, s 2B).
Part 1.10	Information Privacy Act 2014
[1.20]	Section 9 (f)
substitute
	(f)	ACTTAB Limited; or
[1.21]	New section 24 (ca)
insert
	(ca)	ACTEW Corporation Limited, ACTEW Distribution Ltd or ACTEW Retail Ltd;
[1.22]	Section 25 (1) (c)
omit
other than an act done, or a practice engaged in, by the Office
[1.23]	Schedule 1, part 1.5, principle 12.4 (a)
omit
or
substitute
and
[1.24]	Schedule 1, part 1.5, principle 13.5 (a)
omit
or
substitute
and
[1.25]	Dictionary, note 2
omit
·	territory-owned corporation
Part 1.11	Legislation Act 2001
[1.26]	Dictionary, part 1, new definition of information privacy commissioner
insert
information privacy commissioner means the Information Privacy Commissioner appointed under the Information Privacy Act 2014, section 26.
[1.27]	Dictionary, part 1, definition of privacy commissioner
omit
Part 1.12	Planning and Development Act 2007
[1.28]	Section 395B (1), note 1
substitute
Note 1	The Territory privacy principles apply to the planning and land authority (see Information Privacy Act 2014, sch 1).
Part 1.13	Racing Act 1999
[1.29]	Section 61W (1)
substitute
	(1)	This section applies to a relevant controlling body if neither of the following applies to the body:
	(a)	the Information Privacy Act 2014, schedule 1 (Territory privacy principles) (the TPPs);
	(b)	the Privacy Act 1988 (Cwlth), schedule 1 (Australian Privacy Principles) (the APPs).
[1.30]	Section 61W (2) and (3)
omit
NPPs
substitute
APPs
Part 1.14	Residential Tenancies Act 1997
[1.31]	Section 97 (1) (b)
omit
national privacy principles
substitute
Territory privacy principles or Australian Privacy Principles
[1.32]	Section 97 (4)
substitute
	(4)	In this section:
Australian Privacy Principles means the principles stated in the Privacy Act 1988 (Cwlth), schedule 1.
Territory privacy principles means the principles stated in the Information Privacy Act 2014, schedule 1.
Part 1.15	Retirement Villages Regulation 2013
[1.33]	Sections 22 (3) and 33 (d)
omit
National Privacy Principles
substitute
Australian Privacy Principles
Part 1.16	Road Transport (Driver Licensing) Act 1999
[1.34]	Section 9, note 1
substitute
Note 1	The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014, sch 1). 
[1.35]	Section 36 (1), note
substitute
Note	The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014, sch 1).
[1.36]	Section 37 (1), note 1
substitute
Note 1	The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014, sch 1).
[1.37]	Section 38 (1), note
substitute
Note	The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014, sch 1).
Part 1.17	Road Transport (Driver Licensing) Regulation 2000
[1.38]	Section 73ZZD (1), note
substitute
Note	The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014, sch 1).
Part 1.18	Road Transport (General) Act 1999
[1.39]	Section 83E, note 1
substitute
Note 1	The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014, sch 1).
Part 1.19	Road Transport (Public Passenger Services) Act 2001
[1.40]	Section 7, note 1
substitute
Note 1	The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014, sch 1).
Part 1.20	Road Transport (Public Passenger Services) Regulation 2002
[1.41]	Section 31, note 2
substitute
Note 2	In collecting personal information, the accredited operator may also have to comply with the Australian Privacy Principles under the Privacy Act 1988 (Cwlth) or the Territory privacy principles under the Information Privacy Act 2014.
[1.42]	Section 32 (5), note
substitute
Note	The accredited operator may also have to comply with the Australian Privacy Principles under the Privacy Act 1988 (Cwlth) or the Territory privacy principles under the Information Privacy Act 2014 about the collection, storage, use and disclosure of the recordings.
[1.43]	Section 68 (2), note 1
substitute
Note 1	The Privacy Act 1988 (Cwlth) imposes obligations on some private sector organisations and the Information Privacy Act 2014 imposes obligations on public sector agencies in relation to the collection, storage, use and disclosure of personal information collected about an individual.
[1.44]	Section 79 (5), note etc
omit
National Privacy Principles
substitute
Australian Privacy Principles
in
·	section 79 (5), note
·	section 103, note
·	section 189 (1), note
·	section 194 (6), note
·	section 259 (1), note 2
·	section 264 (5), note
Part 1.21	Road Transport (Vehicle Registration) Act 1999
[1.45]	Section 11, note 1
substitute
Note 1	The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014, sch 1).
Part 1.22	Security Industry Regulation 2003
[1.46]	Section 16 (1)
substitute
	(1)	This section applies to a master licensee if neither of the following applies to the licensee:
	(a)	the Information Privacy Act 2014, schedule 1 (Territory privacy principles) (the TPPs), TPP 6 (use or disclosure of personal information);
	(b)	the Privacy Act 1988 (Cwlth), schedule 1, Australian Privacy Principle 6 (use or disclosure of personal information).
[1.47]	Section 16 (2)
omit
schedule 3, national privacy principle 2,
substitute
schedule 1, Australian Privacy Principle 6,
[1.48]	Section 16 (3)
omit
national privacy principle 2
substitute
Australian Privacy Principle 6
Part 1.23	Unit Titles (Management) Act 2011
[1.49]	Section 113 (2), note etc
omit
national privacy principles
substitute
Australian Privacy Principles
in
·	section 113 (2), note
·	section 116 (4), note 1
·	schedule 2, part 2.1, section 2.1 (1) (f), note
Part 1.24	Utilities Act 2000
[1.50]	Section 51
substitute
51	Protection of personal information
	(1)	This section applies to personal information gained by a utility in relation to the provision of a utility service.
	(2)	A utility must deal with personal information in accordance with the Australian Privacy Principles as if it were a prescribed authority, within the meaning of the Freedom of Information Act 1989, to which the Privacy Act 1988 (Cwlth) applies.
Note	An Act of the Territory generally cannot apply the Privacy Act 1988 (Cwlth) to utilities. However, this section would oblige utilities to observe the Australian Privacy Principles under the Privacy Act 1988 (Cwlth) as if the Act applied to them. The arrangement does not allow complaints about utilities to be made to the privacy commissioner under that Act, nor for the application of remedies under the Privacy Act 1988 (Cwlth).
	(3)	In this section:
Australian Privacy Principles means the Australian Privacy Principles under the Privacy Act 1988 (Cwlth), schedule 1.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 18 September 2014.
2	Notification
	Notified under the Legislation Act on	2014.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2014