{"id":"qld:sl-2014-0105","name":"Public Guardian Regulation 2014","slug":"public-guardian-regulation-2014","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"105 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175498,"registerId":"qld-qld:sl-2014-0105-current","compilationNumber":null,"startDate":"2026-04-05","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 regulation may be cited as the Public Guardian Regulation 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation, other than the provisions mentioned in subsection (2) , commences on 1 July 2014.\nSections 7 and 8 commence on the commencement of the Child Protection Reform Amendment Act 2014 , section 6 .\n(sec.2-ssec.1) This regulation, other than the provisions mentioned in subsection (2) , commences on 1 July 2014.\n(sec.2-ssec.2) Sections 7 and 8 commence on the commencement of the Child Protection Reform Amendment Act 2014 , section 6 .","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Definition","content":"### sec.2A Definition\n\nIn this regulation—\nquarter means each of the following periods in a year—\n1 January to 31 March;\n1 April to 30 June;\n1 July to 30 September;\n1 October to 31 December.\ns 2A ins 2019 SL No. 114 s 4\n- (a) 1 January to 31 March;\n- (b) 1 April to 30 June;\n- (c) 1 July to 30 September;\n- (d) 1 October to 31 December.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Community visitor program (adult)","content":"# Community visitor program (adult)","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Visitable sites— Act , s 39","content":"### sec.3 Visitable sites— Act , s 39\n\nFor section 39 of the Act , definition visitable site , the places stated in schedule 1 are prescribed.\nA reference in schedule 1 to the department that is mainly responsible for public health includes a reference to a Hospital and Health Service under the Hospital and Health Boards Act 2011 .\n(sec.3-ssec.1) For section 39 of the Act , definition visitable site , the places stated in schedule 1 are prescribed.\n(sec.3-ssec.2) A reference in schedule 1 to the department that is mainly responsible for public health includes a reference to a Hospital and Health Service under the Hospital and Health Boards Act 2011 .","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Requirement for particular registered NDIS providers to give information to public guardian— Act , s 49A","content":"### sec.4 Requirement for particular registered NDIS providers to give information to public guardian— Act , s 49A\n\nFor section 49A (2) of the Act , the registered NDIS provider must give the public guardian the required information—\non or before 14 October 2019; and\nwithin 14 days after the end of each quarter after 14 October 2019.\nFor section 49A (3) of the Act , definition required information , the following information is prescribed—\nthe registered NDIS provider’s—\nname; and\ncontact telephone number; and\nemail address;\nthe address of each visitable site at which the registered NDIS provider provides services or supports in relation to which section 49A of the Act applies.\ns 4 ins 2019 SL No. 114 s 6\n(sec.4-ssec.1) For section 49A (2) of the Act , the registered NDIS provider must give the public guardian the required information— on or before 14 October 2019; and within 14 days after the end of each quarter after 14 October 2019.\n(sec.4-ssec.2) For section 49A (3) of the Act , definition required information , the following information is prescribed— the registered NDIS provider’s— name; and contact telephone number; and email address; the address of each visitable site at which the registered NDIS provider provides services or supports in relation to which section 49A of the Act applies.\n- (a) on or before 14 October 2019; and\n- (b) within 14 days after the end of each quarter after 14 October 2019.\n- (a) the registered NDIS provider’s— (i) name; and (ii) contact telephone number; and (iii) email address;\n- (i) name; and\n- (ii) contact telephone number; and\n- (iii) email address;\n- (b) the address of each visitable site at which the registered NDIS provider provides services or supports in relation to which section 49A of the Act applies.\n- (i) name; and\n- (ii) contact telephone number; and\n- (iii) email address;","sortOrder":6},{"sectionNumber":"pt.3","sectionType":"part","heading":"Community visitor program (child)","content":"# Community visitor program (child)","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Requirement for particular NDIS providers and registered NDIS providers to give information to public guardian— Act , s 72A","content":"### sec.5 Requirement for particular NDIS providers and registered NDIS providers to give information to public guardian— Act , s 72A\n\nFor section 72A (2) of the Act , the NDIS provider or registered NDIS provider must give the public guardian the required information—\non or before 14 October 2019; and\nwithin 14 days after the end of each quarter after 14 October 2019.\nFor section 72A (3) of the Act , definition required information , the following information is prescribed—\nthe NDIS provider’s or registered NDIS provider’s—\nname; and\ncontact telephone number; and\nemail address;\nthe address of each place at which the NDIS provider or registered NDIS provider provides the child accommodation service in relation to which section 72A of the Act applies.\ns 5 ins 2019 SL No. 114 s 7\n(sec.5-ssec.1) For section 72A (2) of the Act , the NDIS provider or registered NDIS provider must give the public guardian the required information— on or before 14 October 2019; and within 14 days after the end of each quarter after 14 October 2019.\n(sec.5-ssec.2) For section 72A (3) of the Act , definition required information , the following information is prescribed— the NDIS provider’s or registered NDIS provider’s— name; and contact telephone number; and email address; the address of each place at which the NDIS provider or registered NDIS provider provides the child accommodation service in relation to which section 72A of the Act applies.\n- (a) on or before 14 October 2019; and\n- (b) within 14 days after the end of each quarter after 14 October 2019.\n- (a) the NDIS provider’s or registered NDIS provider’s— (i) name; and (ii) contact telephone number; and (iii) email address;\n- (i) name; and\n- (ii) contact telephone number; and\n- (iii) email address;\n- (b) the address of each place at which the NDIS provider or registered NDIS provider provides the child accommodation service in relation to which section 72A of the Act applies.\n- (i) name; and\n- (ii) contact telephone number; and\n- (iii) email address;","sortOrder":8}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulation as originally enacted in 2014 covered only adult community visitor program visitable sites. Scope expanded in 2019 (via SL No. 114) to include NDIS-specific reporting obligations for both adults (section 4) and children (section 5), reflecting the growth of the NDIS in Queensland and the need to bring disability accommodation providers within the Public Guardian's oversight framework."},"complexity_factors":["Requires cross-referencing the parent Act (Public Guardian Act 2014) to fully understand the obligations — the regulation largely defines detail for sections already established elsewhere","Distinction between 'NDIS providers' and 'registered NDIS providers' (two separate legal categories) could confuse readers unfamiliar with NDIS framework","Staged commencement dates (some sections tied to a separate Act's commencement) add a small layer of complexity","Short and administratively focused — overall low complexity due to limited scope and straightforward reporting requirements"],"plain_english_summary":"## What is this regulation?\n\nThe **Public Guardian Regulation 2014** is a Queensland regulation that supports the work of the Public Guardian — an independent officer whose job is to protect the rights and interests of vulnerable people, including adults with impaired decision-making capacity and children in care.\n\n## What does it actually do?\n\nThis regulation sets up two key things:\n\n### 1. 🏥 Community Visitor Program (Adults)\nIt identifies **\"visitable sites\"** — places like hospitals, aged care facilities, and disability accommodation — where community visitors (independent volunteers or staff) are allowed to check in on vulnerable adults to make sure they're safe and being treated properly.\n\nIt also requires **registered NDIS providers** (organisations funded under the National Disability Insurance Scheme to provide disability services) to regularly report their contact details and the addresses of their facilities to the Public Guardian. They had to first report by **14 October 2019**, and then within **14 days after the end of every three-month period** (quarter) after that.\n\n### 2. 👧 Community Visitor Program (Children)\nSame idea, but for **children**. NDIS providers who offer accommodation services to children must also report their details and facility addresses to the Public Guardian on the same quarterly schedule.\n\n## Who does this affect?\n- **NDIS providers** operating in Queensland who accommodate adults or children with disability — they have ongoing reporting obligations\n- **Vulnerable adults** (e.g., people with disability or mental illness) living in regulated facilities\n- **Children** receiving NDIS accommodation services\n- **The Public Guardian's office**, which uses this information to conduct oversight visits\n\n## Why does it matter?\nThis regulation is about **accountability and protection**. By requiring providers to regularly disclose where they operate, the Public Guardian can ensure independent visitors can access those places and check that residents are safe, their rights are respected, and they aren't being abused or neglected."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"sec.4(1)(a) and sec.5(1)(a)","severity":"medium","reasoning":"Sections 4(1)(a) and 5(1)(a) require providers to give information 'on or before 14 October 2019'. Any registered NDIS provider or NDIS provider that becomes subject to the regulation after 14 October 2019 faces a legislatively mandated deadline that has already passed, making initial compliance with paragraph (a) literally impossible. The regulation provides no transitional mechanism or alternative deadline for newly captured entities, creating a structural impossibility for any provider not in existence or not subject to the Act as of that date.","confidence":0.85,"description":"Initial reporting deadline of 14 October 2019 is a past date embedded in subordinate legislation that cannot be complied with by any new entity becoming subject to the regulation after that date."},{"type":"other","section":"sec.2 (commencement structure)","severity":"low","reasoning":"Section 2 sets out commencement rules and then immediately repeats identical text labelled as subsections (1) and (2). While likely a formatting/transcription artefact, in the legislative instrument as presented this creates a structural absurdity where the same operative content appears twice with different structural designations, potentially raising questions about which version governs. A court or reader could not determine whether the unnumbered text and the numbered subsections are intended to be read cumulatively or as alternatives.","confidence":0.55,"description":"The commencement provision appears to contain duplicated text presented as both a standalone provision and as numbered subsections, creating ambiguity about whether the document contains one provision or two overlapping sets of operative text."},{"type":"other","section":"sec.4(1)(b) and sec.5(1)(b)","severity":"low","reasoning":"The phrase 'each quarter after 14 October 2019' is ambiguous. It could mean the first full quarter commencing after that date (i.e., Q1 2020, with a report due 14 April 2020) or the quarter in which 14 October 2019 falls (Q4 2019, with a report due 14 January 2020). Either interpretation creates a gap or overlap with the initial submission date that the regulation does not address, producing mild operational uncertainty about when the first quarterly report is actually due.","confidence":0.65,"description":"Quarterly reporting obligation requires information to be provided 'within 14 days after the end of each quarter after 14 October 2019', but 14 October 2019 falls mid-quarter (Q4: 1 October – 31 December 2019), meaning the first quarterly report would be due 14 January 2020, creating an approximately 76-day gap immediately after the initial submission with no reporting obligation despite the quarterly regime purporting to ensure regular updates."}],"contradictions":[{"severity":"low","section_a":"sec.4 (heading and subsections)","section_b":"sec.5 (heading and subsections)","confidence":0.7,"description":"Section 4 applies only to 'registered NDIS providers' for the adult community visitor program, while section 5 applies to both 'NDIS providers' and 'registered NDIS providers' for the child community visitor program. This asymmetry means unregistered NDIS providers have obligations regarding children but not adults, which may reflect a deliberate policy distinction but is not explained or rationalised within the regulation itself, creating an internal inconsistency in how the two cohorts of providers are treated."}]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: operationalising the community visitor programs for adults and children under the Public Guardian Act. The 2019 amendments (sections 2A, 4, and 5) added NDIS provider reporting requirements, but this was a logical extension of the existing visitor program framework rather than scope creep. The document has not expanded into unrelated policy areas."},"complexity_factors":["Very short document (approximately 6 substantive sections)","Only 1 defined term ('quarter') in the interpretation section","Straightforward prescriptive obligations without nested conditions","Minimal cross-referencing—primarily refers back to specific sections of the parent Act (Public Guardian Act 2014)","No exceptions, exemptions, or conditional logic beyond simple commencement dates","Administrative/operational nature—essentially a 'scheduling and reporting' regulation"],"plain_english_summary":"This regulation supports the Public Guardian Act by setting out practical rules for two main things:\n\n**1. Community visitors checking on vulnerable adults**\n- It lists which places (called \"visitable sites\") community visitors can inspect to make sure adults with impaired decision-making capacity are being treated properly. These include hospitals, aged care facilities, and disability services.\n- It clarifies that \"public health department\" also means local Hospital and Health Services.\n- It requires NDIS (disability support) providers to give the Public Guardian their contact details and the addresses of their service locations, so visitors know where to go. This information must be provided by October 2019 and then updated every three months.\n\n**2. Community visitors checking on children in care**\n- It requires NDIS providers who house children to give the Public Guardian their contact details and the addresses where children are accommodated. Like the adult program, this started in October 2019 and must be updated quarterly.\n\n**Why it matters:**\nThis regulation gives teeth to the community visitor system—volunteers or officials who drop in unannounced on facilities to check that vulnerable people aren't being neglected or abused. Without this information, the Public Guardian wouldn't know where these services operate. The quarterly reporting ensures the list stays current as providers open or close sites.\n\n**Who it affects:**\n- NDIS providers (disability support businesses)\n- The Public Guardian's office\n- Community visitors who conduct inspections\n- Vulnerable adults and children living in supported accommodation"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/public-guardian-regulation-2014","history":"/api/acts/public-guardian-regulation-2014/history","analysis":"/api/acts/public-guardian-regulation-2014/analysis","conflicts":"/api/acts/public-guardian-regulation-2014/conflicts","importantCases":"/api/acts/public-guardian-regulation-2014/important-cases","documents":"/api/acts/public-guardian-regulation-2014/documents"}}