{"id":"qld:act-2024-038","name":"Cross-Border Commissioner Act 2024","slug":"cross-border-commissioner-act-2024","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"38 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29530,"registerId":"qld-act-2024-038-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Cross-Border Commissioner Act 2024 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Main object","content":"### sec.2 Main object\n\nThe main object of this Act is to establish the office of cross-border commissioner to—\nenhance stakeholder engagement and facilitate collaboration between the State and relevant jurisdictions in areas of mutual interest relating to cross-border communities; and\nfacilitate the identification, and advocate for the resolution, of issues related to residing in cross-border communities that impede regional economic development, community resilience and service delivery.\n- (a) enhance stakeholder engagement and facilitate collaboration between the State and relevant jurisdictions in areas of mutual interest relating to cross-border communities; and\n- (b) facilitate the identification, and advocate for the resolution, of issues related to residing in cross-border communities that impede regional economic development, community resilience and service delivery.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\nborder jurisdiction means—\nNew South Wales; or\nNorthern Territory; or\nSouth Australia.\ncommissioner means the cross-border commissioner appointed under part&#160;2 .\ncross-border community means a community in a local government area that is adjacent to the border between the State and a border jurisdiction.\nrelevant jurisdiction means—\nthe Commonwealth; or\na border jurisdiction.\n- (a) New South Wales; or\n- (b) Northern Territory; or\n- (c) South Australia.\n- (a) the Commonwealth; or\n- (b) a border jurisdiction.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Cross-border commissioner","content":"# Cross-border commissioner","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Cross-border commissioner","content":"### sec.4 Cross-border commissioner\n\nThere is to be a cross-border commissioner.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Functions and powers","content":"### sec.5 Functions and powers\n\nThe main functions of the commissioner are—\nto facilitate the operation of cross-border agreements; and\nto build effective relationships with—\nstakeholders in cross-border communities; and\nstakeholders whose activities affect cross-border communities; and\nto enhance stakeholder engagement and facilitate collaboration between the State and a relevant jurisdiction to advocate for—\nthe resolution of issues affecting cross-border communities; and\nimproved access to services for cross-border communities; and\nto provide advice to stakeholders in cross-border communities on government policies and programs relevant to cross-border communities; and\nto provide advice to the government on issues affecting cross-border communities; and\nto perform any other function given to the commissioner under this or another Act.\nThe commissioner has power to do anything necessary or convenient to be done for the performance of the commissioner’s functions.\nIn this section—\ncross-border agreement means an agreement between the State and a border jurisdiction in relation to collaboration on matters affecting—\ncross-border communities; and\ncommunities in the border jurisdiction that are adjacent to the border between the State and the border jurisdiction.\n(sec.5-ssec.1) The main functions of the commissioner are— to facilitate the operation of cross-border agreements; and to build effective relationships with— stakeholders in cross-border communities; and stakeholders whose activities affect cross-border communities; and to enhance stakeholder engagement and facilitate collaboration between the State and a relevant jurisdiction to advocate for— the resolution of issues affecting cross-border communities; and improved access to services for cross-border communities; and to provide advice to stakeholders in cross-border communities on government policies and programs relevant to cross-border communities; and to provide advice to the government on issues affecting cross-border communities; and to perform any other function given to the commissioner under this or another Act.\n(sec.5-ssec.2) The commissioner has power to do anything necessary or convenient to be done for the performance of the commissioner’s functions.\n(sec.5-ssec.3) In this section— cross-border agreement means an agreement between the State and a border jurisdiction in relation to collaboration on matters affecting— cross-border communities; and communities in the border jurisdiction that are adjacent to the border between the State and the border jurisdiction.\n- (a) to facilitate the operation of cross-border agreements; and\n- (b) to build effective relationships with— (i) stakeholders in cross-border communities; and (ii) stakeholders whose activities affect cross-border communities; and\n- (i) stakeholders in cross-border communities; and\n- (ii) stakeholders whose activities affect cross-border communities; and\n- (c) to enhance stakeholder engagement and facilitate collaboration between the State and a relevant jurisdiction to advocate for— (i) the resolution of issues affecting cross-border communities; and (ii) improved access to services for cross-border communities; and\n- (i) the resolution of issues affecting cross-border communities; and\n- (ii) improved access to services for cross-border communities; and\n- (d) to provide advice to stakeholders in cross-border communities on government policies and programs relevant to cross-border communities; and\n- (e) to provide advice to the government on issues affecting cross-border communities; and\n- (f) to perform any other function given to the commissioner under this or another Act.\n- (i) stakeholders in cross-border communities; and\n- (ii) stakeholders whose activities affect cross-border communities; and\n- (i) the resolution of issues affecting cross-border communities; and\n- (ii) improved access to services for cross-border communities; and\n- (a) cross-border communities; and\n- (b) communities in the border jurisdiction that are adjacent to the border between the State and the border jurisdiction.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Not a statutory body for particular Acts","content":"### sec.6 Not a statutory body for particular Acts\n\nTo remove any doubt, it is declared that the commissioner is not a statutory body for the Financial Accountability Act 2009 or the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Extraterritoriality","content":"### sec.7 Extraterritoriality\n\nThe commissioner may perform the commissioner’s functions inside and outside Queensland.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Delegation","content":"### sec.8 Delegation\n\nThe commissioner may delegate a power of the commissioner under this Act or another Act to a public service officer who is appropriately qualified to exercise the power delegated.","sortOrder":10},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Appointment","content":"### sec.9 Appointment\n\nThe commissioner is appointed by the Governor in Council on the recommendation of the Minister.\nThe Minister may recommend a person only if the person is appropriately qualified to perform the functions of the commissioner.\n(sec.9-ssec.1) The commissioner is appointed by the Governor in Council on the recommendation of the Minister.\n(sec.9-ssec.2) The Minister may recommend a person only if the person is appropriately qualified to perform the functions of the commissioner.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Term of appointment","content":"### sec.10 Term of appointment\n\nThe commissioner holds office for the term, of not more than 3 years, stated in the commissioner’s instrument of appointment.\nA person may be re-appointed as commissioner only once for a further term of not more than 3 years.\n(sec.10-ssec.1) The commissioner holds office for the term, of not more than 3 years, stated in the commissioner’s instrument of appointment.\n(sec.10-ssec.2) A person may be re-appointed as commissioner only once for a further term of not more than 3 years.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Conditions of appointment","content":"### sec.11 Conditions of appointment\n\nThe commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\nA person holds office as the commissioner on the conditions decided by the Governor in Council.\nThe commissioner is appointed under this Act and not the Public Sector Act 2022 .\n(sec.11-ssec.1) The commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.11-ssec.2) A person holds office as the commissioner on the conditions decided by the Governor in Council.\n(sec.11-ssec.3) The commissioner is appointed under this Act and not the Public Sector Act 2022 .","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Preservation of rights of commissioner","content":"### sec.12 Preservation of rights of commissioner\n\nThis section applies if a person who is a public service officer is appointed as commissioner.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.\nAt the end of the person’s term of office or resignation as commissioner, the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\n(sec.12-ssec.1) This section applies if a person who is a public service officer is appointed as commissioner.\n(sec.12-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.\n(sec.12-ssec.3) At the end of the person’s term of office or resignation as commissioner, the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Vacancy in office of commissioner","content":"### sec.13 Vacancy in office of commissioner\n\nThe office of commissioner becomes vacant if the commissioner—\nresigns under section&#160;14 ; or\nis removed by the Governor in Council under section&#160;15 .\n- (a) resigns under section&#160;14 ; or\n- (b) is removed by the Governor in Council under section&#160;15 .","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Resignation","content":"### sec.14 Resignation\n\nThe commissioner may resign the commissioner’s office by giving the Minister a signed letter of resignation.\nThe resignation takes effect when the Minister receives the resignation or, if a later day is stated in the letter, the later day.\n(sec.14-ssec.1) The commissioner may resign the commissioner’s office by giving the Minister a signed letter of resignation.\n(sec.14-ssec.2) The resignation takes effect when the Minister receives the resignation or, if a later day is stated in the letter, the later day.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Removal","content":"### sec.15 Removal\n\nThe Governor in Council may, at any time, remove a person from office as the commissioner on the recommendation of the Minister.\nThe Minister may recommend the removal of the person from office as the commissioner if the Minister is satisfied the person—\nis guilty of misconduct of a type that could warrant dismissal from the public service if the commissioner were an officer of the public service; or\nis incapable of performing the functions of the commissioner; or\nhas neglected the duties of the commissioner, or performed the duties of the commissioner incompetently.\nThis section does not otherwise limit the Acts Interpretation Act 1954 , section&#160;25 .\n(sec.15-ssec.1) The Governor in Council may, at any time, remove a person from office as the commissioner on the recommendation of the Minister.\n(sec.15-ssec.2) The Minister may recommend the removal of the person from office as the commissioner if the Minister is satisfied the person— is guilty of misconduct of a type that could warrant dismissal from the public service if the commissioner were an officer of the public service; or is incapable of performing the functions of the commissioner; or has neglected the duties of the commissioner, or performed the duties of the commissioner incompetently.\n(sec.15-ssec.3) This section does not otherwise limit the Acts Interpretation Act 1954 , section&#160;25 .\n- (a) is guilty of misconduct of a type that could warrant dismissal from the public service if the commissioner were an officer of the public service; or\n- (b) is incapable of performing the functions of the commissioner; or\n- (c) has neglected the duties of the commissioner, or performed the duties of the commissioner incompetently.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Acting commissioner","content":"### sec.16 Acting commissioner\n\nThe Minister may appoint a person to act in the office of commissioner during—\na vacancy in the office of commissioner; or\na period when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.\n- (a) a vacancy in the office of commissioner; or\n- (b) a period when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.","sortOrder":19},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Cross-border commissioner office","content":"## Cross-border commissioner office","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Office of the cross-border commissioner","content":"### sec.17 Office of the cross-border commissioner\n\nThe office of the cross-border commissioner is established.\nThe office’s function is to help the commissioner perform the commissioner’s functions.\nThe office consists of the commissioner and the commissioner’s staff.\n(sec.17-ssec.1) The office of the cross-border commissioner is established.\n(sec.17-ssec.2) The office’s function is to help the commissioner perform the commissioner’s functions.\n(sec.17-ssec.3) The office consists of the commissioner and the commissioner’s staff.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Staff","content":"### sec.18 Staff\n\nThe commissioner’s staff are employed under the Public Sector Act 2022 .","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Control of office","content":"### sec.19 Control of office\n\nThe commissioner controls the office.\nSubsection&#160;(1) does not prevent the attachment of the office to the department to ensure the office is supplied with the administrative support services the office requires to perform its function effectively and efficiently.\n(sec.19-ssec.1) The commissioner controls the office.\n(sec.19-ssec.2) Subsection&#160;(1) does not prevent the attachment of the office to the department to ensure the office is supplied with the administrative support services the office requires to perform its function effectively and efficiently.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Staff not subject to outside direction","content":"### sec.20 Staff not subject to outside direction\n\nThe commissioner’s staff are not subject to direction by any person, other than from within the office, about the way the commissioner’s functions are to be performed.\nSubsection&#160;(1) applies despite the Public Sector Act 2022 .\n(sec.20-ssec.1) The commissioner’s staff are not subject to direction by any person, other than from within the office, about the way the commissioner’s functions are to be performed.\n(sec.20-ssec.2) Subsection&#160;(1) applies despite the Public Sector Act 2022 .","sortOrder":24},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Role of Minister and reporting requirements","content":"## Role of Minister and reporting requirements","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Ministerial direction","content":"### sec.21 Ministerial direction\n\nThe Minister may give the commissioner a written direction about a matter relevant to the performance of the commissioner’s functions.\nThe commissioner must comply with a direction given under subsection&#160;(1) .\nThe commissioner must include details, in the commissioner’s annual report prepared under section&#160;24 , of—\nany direction given by the Minister under subsection&#160;(1) during the financial year to which the report relates; and\nthe actions taken by the commissioner as a result of the direction.\n(sec.21-ssec.1) The Minister may give the commissioner a written direction about a matter relevant to the performance of the commissioner’s functions.\n(sec.21-ssec.2) The commissioner must comply with a direction given under subsection&#160;(1) .\n(sec.21-ssec.3) The commissioner must include details, in the commissioner’s annual report prepared under section&#160;24 , of— any direction given by the Minister under subsection&#160;(1) during the financial year to which the report relates; and the actions taken by the commissioner as a result of the direction.\n- (a) any direction given by the Minister under subsection&#160;(1) during the financial year to which the report relates; and\n- (b) the actions taken by the commissioner as a result of the direction.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Statement of expectations","content":"### sec.22 Statement of expectations\n\nThe Minister may give the commissioner a written statement (a statement of expectations ) about the Minister’s expectations for the performance of the commissioner’s functions.\nWithout limiting subsection&#160;(1) , the statement of expectations may—\nstate a particular period for which the statement applies; and\nprovide for the nature and scope of the commissioner’s activities for a particular period.\nThe commissioner must have regard to the statement of expectations in performing the commissioner’s functions.\n(sec.22-ssec.1) The Minister may give the commissioner a written statement (a statement of expectations ) about the Minister’s expectations for the performance of the commissioner’s functions.\n(sec.22-ssec.2) Without limiting subsection&#160;(1) , the statement of expectations may— state a particular period for which the statement applies; and provide for the nature and scope of the commissioner’s activities for a particular period.\n(sec.22-ssec.3) The commissioner must have regard to the statement of expectations in performing the commissioner’s functions.\n- (a) state a particular period for which the statement applies; and\n- (b) provide for the nature and scope of the commissioner’s activities for a particular period.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Reporting to Minister","content":"### sec.23 Reporting to Minister\n\nThe commissioner must—\nkeep the Minister reasonably informed about the functions performed by the commissioner; and\ncomply with a reasonable request by the Minister to give the Minister stated information at a stated time about the functions performed by the commissioner.\n- (a) keep the Minister reasonably informed about the functions performed by the commissioner; and\n- (b) comply with a reasonable request by the Minister to give the Minister stated information at a stated time about the functions performed by the commissioner.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Annual report","content":"### sec.24 Annual report\n\nThe commissioner must prepare and give to the Minister, within 3 months after the end of each financial year, a report on the functions performed by the commissioner during the financial year.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n(sec.24-ssec.1) The commissioner must prepare and give to the Minister, within 3 months after the end of each financial year, a report on the functions performed by the commissioner during the financial year.\n(sec.24-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.","sortOrder":29},{"sectionNumber":"pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Exchange of information","content":"### sec.25 Exchange of information\n\nThe commissioner may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information—\nheld by the commissioner or relevant agency; or\nto which the commissioner or relevant agency has access.\nAn information-sharing arrangement may relate only to information that assists—\nthe commissioner in performing the commissioner’s functions under this Act; or\nthe relevant agency in performing its functions.\nUnder an information-sharing arrangement, the commissioner and the relevant agency are, despite another Act or law, authorised to—\nask for and receive information held by the other party to the arrangement or to which the other party has access; and\ndisclose information to the other party.\nIn this section—\nrelevant agency means—\nthe chief executive of a department or a person who is the equivalent of the chief executive of a department of a relevant jurisdiction; or\na local government or the equivalent of a local government of a relevant jurisdiction; or\na person who is the equivalent of the commissioner in a border jurisdiction; or\nanother entity established for a State government purpose, or for a government purpose of a relevant jurisdiction, that performs functions or administers matters relevant to cross-border communities.\n(sec.25-ssec.1) The commissioner may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information— held by the commissioner or relevant agency; or to which the commissioner or relevant agency has access.\n(sec.25-ssec.2) An information-sharing arrangement may relate only to information that assists— the commissioner in performing the commissioner’s functions under this Act; or the relevant agency in performing its functions.\n(sec.25-ssec.3) Under an information-sharing arrangement, the commissioner and the relevant agency are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party.\n(sec.25-ssec.4) In this section— relevant agency means— the chief executive of a department or a person who is the equivalent of the chief executive of a department of a relevant jurisdiction; or a local government or the equivalent of a local government of a relevant jurisdiction; or a person who is the equivalent of the commissioner in a border jurisdiction; or another entity established for a State government purpose, or for a government purpose of a relevant jurisdiction, that performs functions or administers matters relevant to cross-border communities.\n- (a) held by the commissioner or relevant agency; or\n- (b) to which the commissioner or relevant agency has access.\n- (a) the commissioner in performing the commissioner’s functions under this Act; or\n- (b) the relevant agency in performing its functions.\n- (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and\n- (b) disclose information to the other party.\n- (a) the chief executive of a department or a person who is the equivalent of the chief executive of a department of a relevant jurisdiction; or\n- (b) a local government or the equivalent of a local government of a relevant jurisdiction; or\n- (c) a person who is the equivalent of the commissioner in a border jurisdiction; or\n- (d) another entity established for a State government purpose, or for a government purpose of a relevant jurisdiction, that performs functions or administers matters relevant to cross-border communities.","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Confidentiality","content":"### sec.26 Confidentiality\n\nThis section applies to a person who—\nis, or has been, performing functions under or relating to the administration of this Act; and\nin that capacity, has acquired or has access to personal information about another person.\nThe person must not disclose the information to anyone else, or use the information, other than under this section.\nMaximum penalty—50 penalty units.\nThe person may disclose or use the information—\nto the extent the disclosure or use is—\nnecessary to perform a function under or relating to the administration of this Act; or\notherwise required or permitted under this Act or another law; or\nwith the consent of the person to whom the information relates; or\nin compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\nIn this section—\ndisclose includes give access to.\ninformation includes a document.\npersonal information means information about a person’s affairs.\n(sec.26-ssec.1) This section applies to a person who— is, or has been, performing functions under or relating to the administration of this Act; and in that capacity, has acquired or has access to personal information about another person.\n(sec.26-ssec.2) The person must not disclose the information to anyone else, or use the information, other than under this section. Maximum penalty—50 penalty units.\n(sec.26-ssec.3) The person may disclose or use the information— to the extent the disclosure or use is— necessary to perform a function under or relating to the administration of this Act; or otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n(sec.26-ssec.4) In this section— disclose includes give access to. information includes a document. personal information means information about a person’s affairs.\n- (a) is, or has been, performing functions under or relating to the administration of this Act; and\n- (b) in that capacity, has acquired or has access to personal information about another person.\n- (a) to the extent the disclosure or use is— (i) necessary to perform a function under or relating to the administration of this Act; or (ii) otherwise required or permitted under this Act or another law; or\n- (i) necessary to perform a function under or relating to the administration of this Act; or\n- (ii) otherwise required or permitted under this Act or another law; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n- (i) necessary to perform a function under or relating to the administration of this Act; or\n- (ii) otherwise required or permitted under this Act or another law; or","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Protection from liability","content":"### sec.27 Protection from liability\n\nThe commissioner is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection&#160;(1) prevents civil liability attaching to the commissioner, the liability attaches instead to the State.\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section&#160;267 , see section&#160;269 of that Act.\n(sec.27-ssec.1) The commissioner is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.27-ssec.2) If subsection&#160;(1) prevents civil liability attaching to the commissioner, the liability attaches instead to the State. For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section&#160;267 , see section&#160;269 of that Act.","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Review of Act","content":"### sec.28 Review of Act\n\nThe Minister must review the effectiveness of this Act as soon as practicable after the day that is 3 years after the commencement.\nAs soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.\n(sec.28-ssec.1) The Minister must review the effectiveness of this Act as soon as practicable after the day that is 3 years after the commencement.\n(sec.28-ssec.2) As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.","sortOrder":34}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act’s operative provisions implement the main object (establishing a commissioner to engage, liaise and advocate for cross‑border communities) and do not expand the statutory remit beyond that object (compare sec.2 and the commissioner's functions in sec.5). Ministerial oversight and reporting requirements (secs.21–24) shape how the role operates but do not broaden the legal scope of responsibilities; information‑sharing and extraterritorial powers (secs.25, 7) enable execution of the stated functions rather than altering them."},"complexity_factors":["Broad, catch‑all power to do “anything necessary or convenient” to perform functions (sec.5(2)) increases interpretive scope.","Binding ministerial directions that the commissioner must comply with (sec.21) create centralised control over priorities.","Ministerial statements of expectations require the commissioner to ‘have regard to’ policy signals (sec.22), adding soft governance influence.","Staff employment under the Public Sector Act but protection from outside direction creates operational independence with statutory employment ties (secs.18, 20).","Information‑sharing arrangements authorised to operate despite other laws allow cross‑jurisdictional data exchange and raise legal‑integration issues (sec.25).","Confidentiality duty with a 50‑penalty‑unit sanction restricts use/disclosure of personal information and imposes compliance risk (sec.26).","Extraterritorial performance power extends operational reach beyond the State, complicating interactions with other jurisdictions (sec.7).","Appointment, fixed term (max 3 years) and single reappointment limit create turnover and continuity considerations (secs.9–11, 10).","Removal mechanism via Governor in Council on Minister’s recommendation with public‑service‑style grounds concentrates executive discretion (sec.15).","Exclusion from being a statutory body under particular financial Acts changes financial oversight and accountability arrangements (sec.6).","Liability protection for honest, non‑negligent acts shifts residual risk to the State, affecting legal exposure and potential costs (sec.27).","Regular reporting, ministerial reporting requests and mandatory annual report tabling create recurring compliance and transparency obligations (secs.21, 23, 24)."],"plain_english_summary":"Creates a Cross‑Border Commissioner and office to engage stakeholders, liaise with the Commonwealth and specified neighbouring jurisdictions, advocate for resolving issues that affect communities living on state borders, and advise government and local stakeholders. The commissioner may operate in and outside Queensland, enter information‑sharing arrangements despite other laws, must comply with written ministerial directions, and is protected from civil liability for honest, non‑negligent acts."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act closely tracks its stated main object. The Commissioner's functions, appointment rules, reporting obligations, and information-sharing powers all align directly with the twin goals of enhancing stakeholder engagement and facilitating resolution of cross-border community issues. No provisions appear to extend materially beyond that stated purpose."},"complexity_factors":["Multiple interacting jurisdictions (Commonwealth, NSW, NT, SA) with cross-references to equivalent agencies and roles in those jurisdictions","References to several other Queensland Acts (Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Public Sector Act 2022, Acts Interpretation Act 1954) that affect how the Commissioner's office operates","The information-sharing provisions override other laws ('despite another Act or law'), which requires understanding the interaction with privacy legislation","The distinction between Ministerial 'directions' (binding) and 'statements of expectations' (must have regard to, but not strictly binding) is a subtle but important legal nuance","Preservation of public service rights provisions require understanding of Queensland public sector employment law"],"plain_english_summary":"This law creates a Cross‑Border Commissioner to advocate for Queensland communities near the New South Wales, Northern Territory and South Australian borders, helping resolve cross‑jurisdictional problems like health, licensing and service access.  \n\nThe Commissioner negotiates with other governments, advises communities and the Queensland government, and reports to the Minister — aiming to reduce everyday frustrations for people living and doing business across state lines."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing a Cross-Border Commissioner to address issues affecting Queensland's border communities. The scope has not expanded beyond this core function."},"complexity_factors":["Straightforward structure with only 3 Parts and 28 sections","Minimal cross-referencing—only references to Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Public Sector Act 2022, and Acts Interpretation Act 1954","Only 5 defined terms in section 3 (border jurisdiction, commissioner, cross-border community, relevant jurisdiction) plus 2 additional definitions in section 5 (cross-border agreement) and 1 in section 25 (relevant agency)","No nested exceptions or complex conditional logic—most provisions are direct statements of function, power, or obligation","Standard administrative provisions (appointment, resignation, removal, reporting) following familiar patterns seen in other Queensland legislation","Simple information-sharing mechanism in section 25 without complex procedural requirements"],"plain_english_summary":"This legislation creates a new government position called the **Cross-Border Commissioner** to help people living in communities near Queensland's borders with New South Wales, South Australia, and the Northern Territory.\n\n**What the Commissioner does:**\n- Acts as a go-between for Queensland and neighbouring states/territories to solve problems affecting border communities\n- Helps make existing agreements between states work better\n- Builds relationships with local communities, businesses, and government agencies\n- Advocates for better services (like health, education, and transport) for people living near borders\n- Gives advice to the government about issues unique to border areas\n\n**Why this matters:**\nPeople living near state borders often face headaches that others don't—like having to travel interstate for medical care, dealing with different rules in each state, or missing out on services because they live in a 'grey area' between jurisdictions. The Commissioner is meant to cut through this red tape and make life easier for these communities.\n\n**Key details:**\n- The Commissioner is appointed by the Governor in Council (on the Minister's recommendation) for up to 3 years, with one possible reappointment\n- They have their own small office with staff\n- They can share information with other government agencies to get things done\n- They must report to Parliament annually and follow any directions from the Minister\n- The position is reviewed after 3 years to see if it's working"}},"importantCases":[],"_links":{"self":"/api/acts/cross-border-commissioner-act-2024","history":"/api/acts/cross-border-commissioner-act-2024/history","analysis":"/api/acts/cross-border-commissioner-act-2024/analysis","conflicts":"/api/acts/cross-border-commissioner-act-2024/conflicts","importantCases":"/api/acts/cross-border-commissioner-act-2024/important-cases","documents":"/api/acts/cross-border-commissioner-act-2024/documents"}}