Seniors
Aged care, retirement, elder abuse, pension access
57th Parliament (2020–2024)6 bills
Trusts Bill 2024
Lapsed- •When the last remaining trustee loses capacity, trust property now automatically vests in the Public Trustee to keep the trust running until a new trustee is appointedPart 3, Division 8Trust property devolves to the Public Trustee when the last continuing trustee has impaired capacity for administering the trust, preventing trust property being stuck in legal limbo.
- •An administrator or attorney for a trustee who has lost capacity can now appoint a replacement trustee without going to courtClause 22Allows the administrator or attorney appointed for all financial matters for the last continuing trustee with impaired capacity to appoint a replacement trustee.
- •The amount of trust capital that can be applied for a beneficiary's maintenance without court approval rises from $2,000 to $100,000, indexed to inflationClauses 133 and 135Increases the prescribed amount from $2,000 to $100,000, adjusted annually based on the Consumer Price Index for Brisbane.
21/5/2024· Hon Y D'Ath MPJustice & RightsBusiness & EconomyCommittee: pass
Manufactured Homes (Residential Parks) Amendment Bill 2024
Passed (amended)This bill became law after being modified during debate.- •Pensioners in residential parks get more predictable housing costs, with rent increases now linked to the CPI measure closest to age pension indexationClause 13 (s 69AA)CPI is standardised to the Weighted Average of Eight Capital Cities All Groups index, which most closely aligns with age pension adjustments.
- •If you need to move into aged care, your home must be bought back by the park owner if it remains unsold after 18 monthsClause 12 (s 62T)Maximum penalty of 540 penalty units for park owners who fail to enter into a buyback agreement within the required period.
- •When a site agreement is terminated, QCAT can now order compensation and allow the home to stay on site rather than requiring the owner to remove itClause 8 (ss 39B-39C)The tribunal must consider the cost and practicality of relocating the home, the home owner's health, age and mobility, and may order the park owner to pay compensation.
21/3/2024· Hon M Scanlon MPHousing & RentingCost of LivingCommittee: pass (dissent)
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Housing Legislation Amendment Bill 2022
Passed (amended)This bill became law after being modified during debate.- •Retirement village residents can now request draft budgets and the quantity surveyor reports that operators use to set fees, not just residents committeesClause 23 (new s 113AB)A resident or residents committee may request draft budgets and quantity surveyor reports at least 28 days before the start of a financial year.
- •Village financial statements and budgets must follow a standardised format, making it easier to understand and compare how funds are managedClause 23 (new s 113AA)A new regulation-making power prescribes the form, content, and accounting standards for all village financial documents.
- •Operators must pay capital replacement fund contributions from their own money and cannot raise these costs from residents beyond ingoing contributionsClause 15 (amended s 93)The scheme operator may use ingoing contributions but must not otherwise raise the capital replacement fund contribution from residents.
- •Operators who fail to meet budget and reporting requirements face penalties of up to 200 penalty unitsClauses 14-19Maximum penalty of 200 penalty units applies for non-compliance with budget adoption, financial statement and quantity surveyor report obligations.
27/10/2022· Hon L Enoch MPHousing & RentingCommittee: pass
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Public Trustee (Advisory and Monitoring Board) Amendment Bill 2021
Passed (amended)This bill became law after being modified during debate.- •Older Queenslanders who use the Public Trustee for powers of attorney or estate management benefit from independent oversight of those servicesClause 4, s 117YThe board monitors the Public Trustee's performance across all its functions including trustee, financial and legal services.
- •At least one board member must have expertise in advocacy, services and support for seniors and people with disabilityClause 4, s 117ZD(3)(b)The Minister must ensure at least one appointed board member has knowledge, qualifications or skills in advocacy, services and support for seniors and persons with a disability.
28/10/2021· Hon S Fentiman MPJustice & RightsGovernment & ElectionsCommittee: pass
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Housing Legislation Amendment Bill 2021
Passed (amended)This bill became law after being modified during debate.- •Residents of small, resident-run retirement villages are relieved of mandatory buyback obligations that risked making their village insolventClause 103 (sections 70C-70M)Creates a regulation-making power to exempt resident-operated freehold retirement villages from the 18-month mandatory buyback requirements.
- •Existing incomplete buyback contracts at exempt villages are automatically ended, removing the financial stress on resident-operatorsClause 103 (section 70J)Uncompleted contracts of sale for mandatory buyback are terminated on the day the exemption is granted.
18/6/2021· Hon L Enoch MPHousing & RentingJustice & RightsCommittee: pass
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Voluntary Assisted Dying Bill 2021
PassedThis bill became law.- •Aged care residents cannot be unreasonably prevented from accessing voluntary assisted dying at their facilityPart 6, Division 2Residential aged care facilities that do not provide voluntary assisted dying services must allow reasonable access by practitioners and cannot hinder a permanent resident's access to the scheme.
- •Care facilities must publicly disclose whether they provide voluntary assisted dying services so people can make informed choices about where they liveClause 98Relevant entities that do not provide services associated with voluntary assisted dying must publish information about this in brochures, on their website, or on signs at the facility.
25/5/2021· Hon A Palaszczuk MPHealthJustice & RightsCommittee: pass (dissent)
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56th Parliament (2017–2020)3 bills
Health Transparency Bill 2019
Passed (amended)This bill became law after being modified during debate.- •Families choosing an aged care facility can compare staffing levels and daily care hours provided to residentsClauses 10, 13-16Residential care information about nursing and personal care staffing must be reported; private facilities can opt out but that will be published.
- •Public aged care facilities must meet minimum nurse and support worker staffing ratios set by regulationClause 69, s 138HPrescribes a minimum percentage of registered nurses and enrolled nurses providing residential care during each 24-hour period.
- •Public aged care residents are guaranteed minimum average daily care hours from nurses and support workersClause 69, s 138IA regulation may prescribe minimum average daily resident care hours calculated by dividing total care hours by number of residents.
4/9/2019· Hon S MilesHealthGovernment & ElectionsCommittee: pass (dissent)
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Health and Other Legislation Amendment Bill 2018
PassedThis bill became law.- •Retirement village residents with freehold units are guaranteed payment within 18 months of leaving, even if their unit has not soldClause 38, s 63A-63BScheme operators must purchase freehold units within 18 months of the resident's departure, with a penalty of 540 penalty units for non-compliance.
- •No sales commission can be charged to residents on the mandatory buyback of their freehold unitClause 38, s 63FDespite anything in a residence contract, no sales commission is payable on the sale of the resident's freehold property to the scheme operator under section 63A.
- •Transfer duty is waived on mandatory buyback transactions so costs are not passed on to departing residentsClause 10, s 141ATransfer duty is not imposed on a dutiable transaction under the Retirement Villages Act 1999, section 63A.
13/11/2018· Hon S Miles MPHealthWork & EmploymentCommittee: pass (dissent)
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Guardianship and Administration and Other Legislation Amendment Bill 2018
PassedThis bill became law.- •Older Queenslanders are better protected from financial exploitation, with paid carers from the previous three years barred from serving as attorneysClause 57Strengthens eligibility requirements so that a person who has been a paid carer for the adult within the previous three years is not eligible to be an attorney under an EPA.
- •If a family member's home is sold to pay for aged care, the person named in the will to receive that home now keeps their interest in the sale proceedsClauses 26 and 66Creates a statutory exception to ademption where an attorney or administrator sells property that is the subject of a specific gift in a will.
- •The Public Guardian can now investigate complaints of abuse, neglect or exploitation of a vulnerable adult even after the adult has diedClause 87Provides a discretionary power for the Public Guardian to continue investigating after the adult's death.
15/2/2018· Hon Y D'Ath MPJustice & RightsHealthCommittee: pass (dissent)
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55th Parliament (2015–2017)4 bills
Guardianship and Administration and Other Legislation Amendment Bill 2017
Lapsed- •Your recent paid carer cannot be appointed as your enduring attorney for up to three years after caring for youClause 57Amends section 29(1) POA so a person who has been a paid carer for the principal within the previous three years is not eligible.
- •You can appoint no more than four joint attorneys under an enduring power of attorneyClause 64Amends section 43 POA to cap joint attorneys at four.
- •If an attorney or administrator sells a house you were specifically left in a will, you now get the sale proceeds instead of losing the giftClauses 26 and 66Inserts new sections 60A-60C GAA and 61A-61D POA creating a statutory exception to ademption.
- •Attorneys and guardians who misuse their role can be ordered to pay compensation or hand over any profits, even after the person has diedClauses 25 and 74Recasts section 59 GAA and section 106 POA to allow courts and QCAT to order compensation and accounting for profits against former appointees.
5/9/2017· Hon Y D'Ath MPHealthJustice & RightsGovernment & Elections
Housing Legislation (Building Better Futures) Amendment Bill 2017
Passed (amended)This bill became law after being modified during debate.- •Retirement village operators must pay you your exit entitlement within 18 months of leaving, even if the unit has not sold, unless this would cause them real hardshipClause 109 (s 63) and Clause 144 (new s 171A)Scheme operator must pay the exit entitlement the earliest of the day stated in the contract, 14 days after settlement, or 18 months after the termination date; QCAT can extend or reduce the payment if the operator shows undue hardship.
- •Before you move in, you will get a plain-English village comparison document, a prospective costs document and a condition reportClauses 118 and 119 (new ss 74, 75, 76, 84)The old public information document is replaced with standardised documents that must be given to prospective residents, with penalties for non-compliance.
- •If a retirement village is closing, changing operator or being redeveloped, the operator must prepare an approved plan to protect residentsClauses 99, 101 and 138 (new ss 40A-40G, 41B-41J and 113B-113J)New closure plans, transition plans and redevelopment plans must be approved by residents by special resolution or by the chief executive, with penalties for non-compliance.
- •Operators and residents must follow clear behavioural standards, including respecting peace, privacy and autonomyClauses 53 and 140 (new ss 104, 105, 135, 136)Park owners and retirement village operators must not unreasonably restrict a resident's autonomy and must respond to written correspondence within 21 days; residents must not harass or intimidate staff.
10/8/2017· Hon M de Brenni MPHousing & RentingCost of LivingCommittee: pass (dissent)
Public Health (Water Risk Management) Amendment Bill 2016
PassedThis bill became law.- •State-run residential aged care facilities must actively manage Legionella risks in the water residents drink and shower inClause 4 (new s 61A, 61C)Prescribed facilities include State aged care facilities; further private aged care facilities can be added by regulation through a phased approach.
- •If Legionella is confirmed at an aged care facility, inspectors can enter a resident's private room, accompanied by a staff carer, to check complianceClause 6 (new s 389B)Entry is conditional on a section 61H notification or a notifiable Legionella-related condition at the facility, and the officer must be accompanied by a staff member who provides residential care.
- •Over time, private aged care homes will also be brought under these rules by regulationClause 4 (new s 61A definition of prescribed facility)
17/3/2016· Hon CR Dick MPHealthSafety & EmergencyCommittee: pass
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Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015
PassedThis bill became law.- •All public and private residential aged care facilities become smoke-free, with a five-metre buffer around the boundaryClause 9 (new s 26VW)A person must not smoke at a residential aged care facility or on land within 5m beyond its boundary; maximum penalty 20 penalty units.
- •Aged care operators can set up a clearly designated outdoor smoking place so residents who smoke still have somewhere to do soClause 9 (new s 26VW(3) and (5))A person does not commit the offence while in a nominated outdoor smoking place established by the occupier of the facility.
- •Retirement villages and home-based aged care are not covered by the new ban, so smoking rules in those settings don't changeClause 9 (new s 26VW(5))Residential aged care facility does not include a retirement village or home-based aged care.
10/11/2015· Hon CR Dick MPHealthChildren & FamiliesCommittee: pass
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