Retirement Villages (Tribunal) Regulation 2002


Queensland Crest
RETIREMENT VILLAGES (TRIBUNAL) REGULATION 2002
Queensland Retirement Villages Act 1999 RETIREMENT VILLAGES (TRIBUNAL) REGULATION 2002 Reprinted as in force on 6 December 2002 (regulation not amended up to this date) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2003 SL No. 144 s 12
Information about this reprint This regulation is reprinted as at 6 December 2002. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to— omit provisions that are no longer required (s 40) make all necessary consequential amendments (s 7(1)(k)). Also see endnotes for information about when provisions commenced. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.
Queensland RETIREMENT VILLAGES (TRIBUNAL) REGULATION 2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—PROVISIONS RELATING TO TRIBUNAL 3 Witness fees and expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Applications or matters for Queensland Building Tribunal Act 2000, s 26C(9) ........................................... 4 5 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 5 APPLICATIONS OR MATTERS FOR QUEENSLAND BUILDING TRIBUNAL ACT 2000, SECTION 26C(9) SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 6 FEES ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
s1 3 Retirement Villages (Tribunal) Regulation 2002 s3 RETIREMENT VILLAGES (TRIBUNAL) REGULATION 2002 [reprinted as in force on 6 December 2002] PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Retirement Villages (Tribunal) Regulation 2002 . 2 Commencement This regulation commences on 6 December 2002. PART 2—PROVISIONS RELATING TO TRIBUNAL 3 Witness fees and expenses (1) For section 201(1)(a) 1 of the Act, the witness fees and expenses are the following— (a) an attendance allowance of $49 for each day or part of a day; (b) a travelling allowance; (c) an accommodation allowance. (2) If the person travels to and from the tribunal by air and it is reasonable in the circumstances to travel by air, the travelling allowance is the amount payable for economy class air travel by the person to and from the tribunal. 1 Section 201 (Allowance to witness) of the Act
s4 4 Retirement Villages (Tribunal) Regulation 2002 s5 (3) If subsection (2) does not apply, the travelling allowance is— (a) the amount actually and properly paid for fares for public transport to and from the tribunal; or (b) if there is no public transport available—$10 for each day or part of a day plus an amount worked out at the rate of 40 cents a kilometre travelled. (4) If the person is required to attend at the tribunal for more than 1 day, and it is not reasonably practicable for the person to return to the person’s place of residence on any day on which the person is required to attend at the tribunal, the accommodation allowance is $90 for each overnight stay. 4 Applications or matters for Queensland Building Tribunal Act 2000, s 26C(9) The applications or matters for the Queensland Building Tribunal Act 2000 , section 26C(9), 2 definition “prescribed application or matter” are stated in schedule 1. 5 Fees The fees payable under the Act in relation to a tribunal appointed under section 168 or 172 3 of the Act are stated in schedule 2. 2 Queensland Building Tribunal Act 2000 , section 26C (Presiding case manager’s power to deal with particular applications to central tribunals) 3 Section 168 (Referral of dispute, appointment of tribunal panel and notice) or 172 (Referral of application, appointment of tribunal panel and notice) of the Act
5 Retirement Villages (Tribunal) Regulation 2002 SCHEDULE 1 APPLICATIONS OR MATTERS FOR QUEENSLAND BUILDING TRIBUNAL ACT 2000, SECTION 26C(9) section 4 1. An application under section 169, 170 or 171 4 of the Act for which a tribunal has been appointed, to the extent necessary— (a) to hold a directions hearing under section 174(1) 5 of the Act; or (b) to decide, under section 177(2) 6 of the Act, whether to agree to a person attending a hearing of the tribunal; or (c) to decide whether to give leave under section 178(b) 7 of the Act; or (d) to decide whether to give an approval under section 179 8 of the Act; or (e) to decide whether to amend the particulars of a retirement village issue under section 181(1) 9 of the Act; or (f) to decide, under section 184(3) 10 of the Act, whether to adjourn a hearing; or (g) to decide whether it has jurisdiction, under section 210(1) 11 of the Act, to hear a particular retirement village issue. 2. An application under section 184(2) of the Act. 4 Section 169 (Resident’s right to apply for an order if threatened with removal, deprivation or restriction), 170 (Resident may apply for an order if given false or misleading documents) or 171 (Former resident may apply for order for payment of exit entitlement) of the Act 5 Section 174 (Directions hearings) of the Act 6 Section 177 (Hearing to be held in private) of the Act 7 Section 178 (Appearances before tribunal) of the Act 8 Section 179 (Right of representation) of the Act 9 Section 181 (Amendment of issue) of the Act 10 Section 184 (Powers of tribunal) of the Act 11 Section 210 (Tribunal’s jurisdiction) of the Act
6 Retirement Villages (Tribunal) Regulation 2002 SCHEDULE 2 FEES section 5 $ 1. Application to registrar to refer dispute to a tribunal appointed under section 168 . . . . . . . . . . . . . . . . . . . . . . . . 53.00 2. Application to registrar for an order by a tribunal appointed under section 172 . . . . . . . . . . . . . . . . . . . . . . . . 53.00 3. Inspection of register kept under section 216 of the Act 12.50 4. Inspection of tribunal’s register kept under the Queensland Building Tribunal Act 2000 , section 21(2)(a) 12.50 5. Copy of register mentioned in item 3 or 4, each page 1.00 6. Supplying a certificate as to the correctness of a matter in register mentioned in item 3 or 4— (a) first page certified . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.50 (b) each additional page certified . . . . . . . . . . . . . . . . . . . 1.00
7 Retirement Villages (Tribunal) Regulation 2002 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Retirement Villages (Tribunal) Regulation 2002 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered
8 Retirement Villages (Tribunal) Regulation 2002 4 List of legislation Retirement Villages (Tribunal) Regulation 2002 SL No. 330 made by the Governor in Council on 5 December 2002 notfd gaz 6 December 2002 pp 1162–66 ss 1–2 commenced on date of notification remaining provisions commenced 6 December 2002 (see s 2) exp 1 September 2013 (see SIA s 54) 5 List of annotations PART 3—AMENDMENT OF RETIREMENT VILLAGES REGULATION 2000 pt 3 (ss 6–8) om R1 (see RA ss 7(1)(k) and 40) © State of Queensland 2003