{"id":"qld:act-1968-041","name":"Supreme Court Library Act 1968","slug":"supreme-court-library-act-1968","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"41 of 1968","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105588,"registerId":"qld-act-1968-041-current","compilationNumber":null,"startDate":"2026-04-03","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 Supreme Court Library Act 1968 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 2 Note—s 2 contained definitions for this Act. Definitions are now located in schedule 1 (Dictionary). Annotations for definitions contained in s 2 are located in annotations for sch 1.\namd 1995 No. 58 s 4 sch 1 ; 2013 No. 25 s 174","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Supreme Court library committee","content":"# Supreme Court library committee","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Constitution of committee","content":"### sec.3 Constitution of committee\n\nThere shall be constituted a body to be called the Supreme Court Library Committee.\nThe committee shall be a body corporate with perpetual succession and a common seal and may sue and be sued in all courts and shall for the purposes and subject to the provisions of this Act be capable of acquiring, holding, alienating and disposing of property and of doing and suffering all such acts and things that a body corporate may in law do or suffer.\nAll courts, judges, justices and persons acting judicially shall take judicial notice of the seal of the committee affixed to any document or notice and shall, unless the contrary shall be proved, presume that it was duly affixed.\ns 3 amd 2013 No. 25 s 176\n(sec.3-ssec.1) There shall be constituted a body to be called the Supreme Court Library Committee.\n(sec.3-ssec.2) The committee shall be a body corporate with perpetual succession and a common seal and may sue and be sued in all courts and shall for the purposes and subject to the provisions of this Act be capable of acquiring, holding, alienating and disposing of property and of doing and suffering all such acts and things that a body corporate may in law do or suffer.\n(sec.3-ssec.3) All courts, judges, justices and persons acting judicially shall take judicial notice of the seal of the committee affixed to any document or notice and shall, unless the contrary shall be proved, presume that it was duly affixed.","sortOrder":4},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Committee not public sector entity","content":"### sec.3A Committee not public sector entity\n\nThe committee is prescribed not to be a public sector entity for the Public Sector Act 2022 , section 8 (2) (s) .\ns 3A ins 2022 No. 34 s 356","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Constitution of committee, appointment and term of office of members","content":"### sec.4 Constitution of committee, appointment and term of office of members\n\nThe committee shall consist of—\nthe chief justice or a judge of the Supreme Court appointed by the chief justice; and\nthe chief judge of District Courts or a judge of District Courts appointed by the chief judge of District Courts; and\nthe chief magistrate or a magistrate appointed by the chief magistrate; and\n8 other members comprising—\n4 practising barristers of at least 3 years standing, of whom 2 shall be appointed by the chief justice and 2 shall be appointed by the Bar Association of Queensland;\n4 practising solicitors of at least 3 years standing, of whom 2 shall be appointed by the chief justice and 2 shall be appointed by the council of the Queensland Law Society Incorporated.\nThe Minister or the Minister’s nominee shall be ex officio a member of the committee.\nThe chairperson of the committee shall be the chief justice or the judge of the Supreme Court appointed by the chief justice as a member of the committee.\nIf the chairperson is absent from a meeting after a quorum is constituted, the members present shall elect from their number a chairperson for that meeting, and a member so elected shall, while so acting, have all the powers, duties and functions of the chairperson under this Act.\nThe chairperson shall have a deliberative vote and, in the event of an equality of votes, a casting vote.\nAppointments to the committee for the year next following shall be made in the month of December of each year.\nMembers of the committee shall hold office for 1 year commencing on and from 1 January next following their appointments thereto.\nThe office of a member of the committee shall become vacant if the member—\ndies or resigns his or her office by signed notice delivered to the chief justice;\nis absent from meetings of the committee for a continuing period of 6 months, without prior leave of the committee;\ndoes not hold a local practising certificate, or has a practising certificate that is suspended, under the Legal Profession Act 2007 .\nWhere a vacancy occurs in the office of a member of the committee appointed pursuant to subsection (1) (d) during the term of office of the members then constituting the committee, the chief justice shall appoint to the vacant office another practising barrister or solicitor of like standing who shall hold office until 31 December next following his or her appointment as a member.\nWhere, in the month of December in any year, the chief justice appoints a judge of the Supreme Court as the chairperson of the committee, the chief justice may also, at the same time, appoint another judge of the Supreme Court to act in the stead of the judge first appointed while that judge is absent on leave.\nThe chief justice may at any time appoint a judge of the Supreme Court to act as the chairperson during the absence on leave or the inability to act for any reason of the chairperson of the committee or other judge appointed to act as the chairperson pursuant to subsection (4B) .\nThe chief judge of District Courts may at any time appoint a judge of District Courts to act as a member of the committee during the absence on leave or the inability to act for any reason of the chief judge of District Courts or of the judge of District Courts appointed by the chief judge of District Courts to the committee.\nThe chief magistrate may at any time appoint a magistrate to act as a member of the committee during the absence on leave or the inability to act for any reason of the chief magistrate or of the magistrate appointed by the chief magistrate to the committee.\nAt any meeting of the committee 6 members shall constitute a quorum.\nSubject to there being a quorum, a proceeding of the committee shall not be invalidated by reason only of a vacancy in the office of a member of the committee at the time of that proceeding.\nImmediately after the date of commencement of the Supreme Court Library Act Amendment Act 1973 the committee shall furnish to the registrar of the Supreme Court at Brisbane a notice setting forth the names and other relevant particulars of the persons who from time to time since the date of commencement of this Act constituted or were appointed to the committee and thereafter as soon as reasonably practicable—\nshall upon the constitution of the committee for each year furnish to the registrar notice of the names and other relevant particulars of the persons by whom the committee is constituted for that year and of the judge appointed pursuant to subsection (4B) ; and\nshall upon a change in the members constituting the committee occurring in any year furnish to the registrar notice of relevant particulars of that change.\nThe registrar shall file in the central registry at Brisbane every notice furnished to the registrar pursuant to subsection (7) .\ns 4 sub 1973 No. 55 s 2\namd 1990 No. 80 s 3 sch 6 ; 2004 No. 11 s 596 sch 1 ; 2005 No. 70 s 159 ; 2007 No. 24 s 770 sch 1\n(sec.4-ssec.1) The committee shall consist of— the chief justice or a judge of the Supreme Court appointed by the chief justice; and the chief judge of District Courts or a judge of District Courts appointed by the chief judge of District Courts; and the chief magistrate or a magistrate appointed by the chief magistrate; and 8 other members comprising— 4 practising barristers of at least 3 years standing, of whom 2 shall be appointed by the chief justice and 2 shall be appointed by the Bar Association of Queensland; 4 practising solicitors of at least 3 years standing, of whom 2 shall be appointed by the chief justice and 2 shall be appointed by the council of the Queensland Law Society Incorporated.\n(sec.4-ssec.1A) The Minister or the Minister’s nominee shall be ex officio a member of the committee.\n(sec.4-ssec.2) The chairperson of the committee shall be the chief justice or the judge of the Supreme Court appointed by the chief justice as a member of the committee.\n(sec.4-ssec.2A) If the chairperson is absent from a meeting after a quorum is constituted, the members present shall elect from their number a chairperson for that meeting, and a member so elected shall, while so acting, have all the powers, duties and functions of the chairperson under this Act.\n(sec.4-ssec.2B) The chairperson shall have a deliberative vote and, in the event of an equality of votes, a casting vote.\n(sec.4-ssec.3) Appointments to the committee for the year next following shall be made in the month of December of each year.\n(sec.4-ssec.3A) Members of the committee shall hold office for 1 year commencing on and from 1 January next following their appointments thereto.\n(sec.4-ssec.4) The office of a member of the committee shall become vacant if the member— dies or resigns his or her office by signed notice delivered to the chief justice; is absent from meetings of the committee for a continuing period of 6 months, without prior leave of the committee; does not hold a local practising certificate, or has a practising certificate that is suspended, under the Legal Profession Act 2007 .\n(sec.4-ssec.4A) Where a vacancy occurs in the office of a member of the committee appointed pursuant to subsection (1) (d) during the term of office of the members then constituting the committee, the chief justice shall appoint to the vacant office another practising barrister or solicitor of like standing who shall hold office until 31 December next following his or her appointment as a member.\n(sec.4-ssec.4B) Where, in the month of December in any year, the chief justice appoints a judge of the Supreme Court as the chairperson of the committee, the chief justice may also, at the same time, appoint another judge of the Supreme Court to act in the stead of the judge first appointed while that judge is absent on leave.\n(sec.4-ssec.4C) The chief justice may at any time appoint a judge of the Supreme Court to act as the chairperson during the absence on leave or the inability to act for any reason of the chairperson of the committee or other judge appointed to act as the chairperson pursuant to subsection (4B) .\n(sec.4-ssec.4D) The chief judge of District Courts may at any time appoint a judge of District Courts to act as a member of the committee during the absence on leave or the inability to act for any reason of the chief judge of District Courts or of the judge of District Courts appointed by the chief judge of District Courts to the committee.\n(sec.4-ssec.4E) The chief magistrate may at any time appoint a magistrate to act as a member of the committee during the absence on leave or the inability to act for any reason of the chief magistrate or of the magistrate appointed by the chief magistrate to the committee.\n(sec.4-ssec.5) At any meeting of the committee 6 members shall constitute a quorum.\n(sec.4-ssec.6) Subject to there being a quorum, a proceeding of the committee shall not be invalidated by reason only of a vacancy in the office of a member of the committee at the time of that proceeding.\n(sec.4-ssec.7) Immediately after the date of commencement of the Supreme Court Library Act Amendment Act 1973 the committee shall furnish to the registrar of the Supreme Court at Brisbane a notice setting forth the names and other relevant particulars of the persons who from time to time since the date of commencement of this Act constituted or were appointed to the committee and thereafter as soon as reasonably practicable— shall upon the constitution of the committee for each year furnish to the registrar notice of the names and other relevant particulars of the persons by whom the committee is constituted for that year and of the judge appointed pursuant to subsection (4B) ; and shall upon a change in the members constituting the committee occurring in any year furnish to the registrar notice of relevant particulars of that change.\n(sec.4-ssec.8) The registrar shall file in the central registry at Brisbane every notice furnished to the registrar pursuant to subsection (7) .\n- (a) the chief justice or a judge of the Supreme Court appointed by the chief justice; and\n- (b) the chief judge of District Courts or a judge of District Courts appointed by the chief judge of District Courts; and\n- (c) the chief magistrate or a magistrate appointed by the chief magistrate; and\n- (d) 8 other members comprising— (i) 4 practising barristers of at least 3 years standing, of whom 2 shall be appointed by the chief justice and 2 shall be appointed by the Bar Association of Queensland; (ii) 4 practising solicitors of at least 3 years standing, of whom 2 shall be appointed by the chief justice and 2 shall be appointed by the council of the Queensland Law Society Incorporated.\n- (i) 4 practising barristers of at least 3 years standing, of whom 2 shall be appointed by the chief justice and 2 shall be appointed by the Bar Association of Queensland;\n- (ii) 4 practising solicitors of at least 3 years standing, of whom 2 shall be appointed by the chief justice and 2 shall be appointed by the council of the Queensland Law Society Incorporated.\n- (i) 4 practising barristers of at least 3 years standing, of whom 2 shall be appointed by the chief justice and 2 shall be appointed by the Bar Association of Queensland;\n- (ii) 4 practising solicitors of at least 3 years standing, of whom 2 shall be appointed by the chief justice and 2 shall be appointed by the council of the Queensland Law Society Incorporated.\n- (a) dies or resigns his or her office by signed notice delivered to the chief justice;\n- (b) is absent from meetings of the committee for a continuing period of 6 months, without prior leave of the committee;\n- (c) does not hold a local practising certificate, or has a practising certificate that is suspended, under the Legal Profession Act 2007 .\n- (a) shall upon the constitution of the committee for each year furnish to the registrar notice of the names and other relevant particulars of the persons by whom the committee is constituted for that year and of the judge appointed pursuant to subsection (4B) ; and\n- (b) shall upon a change in the members constituting the committee occurring in any year furnish to the registrar notice of relevant particulars of that change.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Certificate of committee to be evidence","content":"### sec.6 Certificate of committee to be evidence\n\nA certificate sealed with the seal of the committee purporting to deal with the acts or proceedings of the committee shall be receivable in all courts and judicial proceedings as evidence of the truth of the matters certified to therein.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Property to vest in committee","content":"### sec.7 Property to vest in committee\n\nThe following property shall vest in the committee—\nall property which has heretofore been on loan from any department of the government to, been treated or should have been treated as belonging to, or forming part of, or being for the benefit of, any 1 or more or all, of the libraries of the Supreme Court at Brisbane, Rockhampton, and Townsville;\nwithout derogating from the generality of paragraph (a) —\nall property including all books, reports, manuscripts, pamphlets, papers, documents and chattels presently or normally regarded or treated as belonging to or forming part of any 1 or more or all of the said libraries of the Supreme Court at Brisbane, Rockhampton, and Townsville including such as be presently or normally contained in (notwithstanding the present whereabouts of the same) all rooms or premises known or used as or utilised for the purposes of the said libraries;\nall Commonwealth treasury bonds, all Commonwealth Government special bonds, and all Commonwealth Securities held at the Bank of New South Wales, Queen and George Streets, Brisbane in the names of the Honourable Sir William George Mack and Margaret Alison Golliker;\nall inscribed stock and the interest thereon and rights in relation thereto in Southern Electric Authority Loan No. 264 maturing on 31 October 1974, in the names of Sir William George Mack and Graham Lloyd Hart;\nall moneys in or to be credited to the current account in the name of the Supreme Court Library Fund at the Bank of New South Wales, Queen and George Streets, Brisbane;\nall moneys in or to be credited to an account in the name of Northern Supreme Court Library Committee at the Commonwealth Savings Bank of Australia, Townsville Branch, Account Number S 3198;\nall moneys in or to be credited to an account in the name of Central Supreme Court Library at the Commonwealth Savings Bank of Australia, Rockhampton Branch, Account Number S 3954.\nAll persons in or by whom any property referred to in subsection (1) , shall be vested or held shall do and effect all such deeds, acts and things as may be necessary to vest the same in the name of the committee.\nAll such property together with all other property which may be acquired by or devolve upon the committee shall be held administered and appropriated by the committee under this Act.\ns 7 amd 1973 No. 55 s 3\n(sec.7-ssec.1) The following property shall vest in the committee— all property which has heretofore been on loan from any department of the government to, been treated or should have been treated as belonging to, or forming part of, or being for the benefit of, any 1 or more or all, of the libraries of the Supreme Court at Brisbane, Rockhampton, and Townsville; without derogating from the generality of paragraph (a) — all property including all books, reports, manuscripts, pamphlets, papers, documents and chattels presently or normally regarded or treated as belonging to or forming part of any 1 or more or all of the said libraries of the Supreme Court at Brisbane, Rockhampton, and Townsville including such as be presently or normally contained in (notwithstanding the present whereabouts of the same) all rooms or premises known or used as or utilised for the purposes of the said libraries; all Commonwealth treasury bonds, all Commonwealth Government special bonds, and all Commonwealth Securities held at the Bank of New South Wales, Queen and George Streets, Brisbane in the names of the Honourable Sir William George Mack and Margaret Alison Golliker; all inscribed stock and the interest thereon and rights in relation thereto in Southern Electric Authority Loan No. 264 maturing on 31 October 1974, in the names of Sir William George Mack and Graham Lloyd Hart; all moneys in or to be credited to the current account in the name of the Supreme Court Library Fund at the Bank of New South Wales, Queen and George Streets, Brisbane; all moneys in or to be credited to an account in the name of Northern Supreme Court Library Committee at the Commonwealth Savings Bank of Australia, Townsville Branch, Account Number S 3198; all moneys in or to be credited to an account in the name of Central Supreme Court Library at the Commonwealth Savings Bank of Australia, Rockhampton Branch, Account Number S 3954.\n(sec.7-ssec.2) All persons in or by whom any property referred to in subsection (1) , shall be vested or held shall do and effect all such deeds, acts and things as may be necessary to vest the same in the name of the committee.\n(sec.7-ssec.3) All such property together with all other property which may be acquired by or devolve upon the committee shall be held administered and appropriated by the committee under this Act.\n- (a) all property which has heretofore been on loan from any department of the government to, been treated or should have been treated as belonging to, or forming part of, or being for the benefit of, any 1 or more or all, of the libraries of the Supreme Court at Brisbane, Rockhampton, and Townsville;\n- (b) without derogating from the generality of paragraph (a) — (i) all property including all books, reports, manuscripts, pamphlets, papers, documents and chattels presently or normally regarded or treated as belonging to or forming part of any 1 or more or all of the said libraries of the Supreme Court at Brisbane, Rockhampton, and Townsville including such as be presently or normally contained in (notwithstanding the present whereabouts of the same) all rooms or premises known or used as or utilised for the purposes of the said libraries; (ii) all Commonwealth treasury bonds, all Commonwealth Government special bonds, and all Commonwealth Securities held at the Bank of New South Wales, Queen and George Streets, Brisbane in the names of the Honourable Sir William George Mack and Margaret Alison Golliker; (iii) all inscribed stock and the interest thereon and rights in relation thereto in Southern Electric Authority Loan No. 264 maturing on 31 October 1974, in the names of Sir William George Mack and Graham Lloyd Hart; (iv) all moneys in or to be credited to the current account in the name of the Supreme Court Library Fund at the Bank of New South Wales, Queen and George Streets, Brisbane; (v) all moneys in or to be credited to an account in the name of Northern Supreme Court Library Committee at the Commonwealth Savings Bank of Australia, Townsville Branch, Account Number S 3198; (vi) all moneys in or to be credited to an account in the name of Central Supreme Court Library at the Commonwealth Savings Bank of Australia, Rockhampton Branch, Account Number S 3954.\n- (i) all property including all books, reports, manuscripts, pamphlets, papers, documents and chattels presently or normally regarded or treated as belonging to or forming part of any 1 or more or all of the said libraries of the Supreme Court at Brisbane, Rockhampton, and Townsville including such as be presently or normally contained in (notwithstanding the present whereabouts of the same) all rooms or premises known or used as or utilised for the purposes of the said libraries;\n- (ii) all Commonwealth treasury bonds, all Commonwealth Government special bonds, and all Commonwealth Securities held at the Bank of New South Wales, Queen and George Streets, Brisbane in the names of the Honourable Sir William George Mack and Margaret Alison Golliker;\n- (iii) all inscribed stock and the interest thereon and rights in relation thereto in Southern Electric Authority Loan No. 264 maturing on 31 October 1974, in the names of Sir William George Mack and Graham Lloyd Hart;\n- (iv) all moneys in or to be credited to the current account in the name of the Supreme Court Library Fund at the Bank of New South Wales, Queen and George Streets, Brisbane;\n- (v) all moneys in or to be credited to an account in the name of Northern Supreme Court Library Committee at the Commonwealth Savings Bank of Australia, Townsville Branch, Account Number S 3198;\n- (vi) all moneys in or to be credited to an account in the name of Central Supreme Court Library at the Commonwealth Savings Bank of Australia, Rockhampton Branch, Account Number S 3954.\n- (i) all property including all books, reports, manuscripts, pamphlets, papers, documents and chattels presently or normally regarded or treated as belonging to or forming part of any 1 or more or all of the said libraries of the Supreme Court at Brisbane, Rockhampton, and Townsville including such as be presently or normally contained in (notwithstanding the present whereabouts of the same) all rooms or premises known or used as or utilised for the purposes of the said libraries;\n- (ii) all Commonwealth treasury bonds, all Commonwealth Government special bonds, and all Commonwealth Securities held at the Bank of New South Wales, Queen and George Streets, Brisbane in the names of the Honourable Sir William George Mack and Margaret Alison Golliker;\n- (iii) all inscribed stock and the interest thereon and rights in relation thereto in Southern Electric Authority Loan No. 264 maturing on 31 October 1974, in the names of Sir William George Mack and Graham Lloyd Hart;\n- (iv) all moneys in or to be credited to the current account in the name of the Supreme Court Library Fund at the Bank of New South Wales, Queen and George Streets, Brisbane;\n- (v) all moneys in or to be credited to an account in the name of Northern Supreme Court Library Committee at the Commonwealth Savings Bank of Australia, Townsville Branch, Account Number S 3198;\n- (vi) all moneys in or to be credited to an account in the name of Central Supreme Court Library at the Commonwealth Savings Bank of Australia, Rockhampton Branch, Account Number S 3954.","sortOrder":8},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Historic documents given to committee for preservation","content":"### sec.7A Historic documents given to committee for preservation\n\nA lawyer may give an historic document to the committee, without obtaining the consent of an interested person for the historic document, if—\ngiving the historic document—\nis not contrary to an express instruction given to the lawyer by the interested person; and\nis unlikely to adversely affect the interested person; and\nit is not reasonably practicable to obtain the consent of the interested person.\nThe committee must take reasonable steps to preserve the historic document after receiving it.\nThe giving of an historic document to the committee does not affect—\nany right a person may have to recover possession of the historic document; or\nlegal professional privilege attaching to the historic document, or the information contained in the historic document.\nThe committee may use or disclose an historic document given to the committee only if—\nthe use or disclosure is for historical or educational purposes; and\nthe historic document is at least 100 years old, or if the historic document is a copy of another document, the other document is at least 100 years old.\nIn this section—\ngive includes loan.\nhistoric document means a document that is considered by the committee to have sufficient historical significance to justify its preservation, and includes a copy of the document.\ninterested person , for an historic document, means a person having a legal right to object to a lawyer giving the document to the committee.\ns 7A ins 2005 No. 70 s 160\n(sec.7A-ssec.1) A lawyer may give an historic document to the committee, without obtaining the consent of an interested person for the historic document, if— giving the historic document— is not contrary to an express instruction given to the lawyer by the interested person; and is unlikely to adversely affect the interested person; and it is not reasonably practicable to obtain the consent of the interested person.\n(sec.7A-ssec.2) The committee must take reasonable steps to preserve the historic document after receiving it.\n(sec.7A-ssec.3) The giving of an historic document to the committee does not affect— any right a person may have to recover possession of the historic document; or legal professional privilege attaching to the historic document, or the information contained in the historic document.\n(sec.7A-ssec.4) The committee may use or disclose an historic document given to the committee only if— the use or disclosure is for historical or educational purposes; and the historic document is at least 100 years old, or if the historic document is a copy of another document, the other document is at least 100 years old.\n(sec.7A-ssec.5) In this section— give includes loan. historic document means a document that is considered by the committee to have sufficient historical significance to justify its preservation, and includes a copy of the document. interested person , for an historic document, means a person having a legal right to object to a lawyer giving the document to the committee.\n- (a) giving the historic document— (i) is not contrary to an express instruction given to the lawyer by the interested person; and (ii) is unlikely to adversely affect the interested person; and\n- (i) is not contrary to an express instruction given to the lawyer by the interested person; and\n- (ii) is unlikely to adversely affect the interested person; and\n- (b) it is not reasonably practicable to obtain the consent of the interested person.\n- (i) is not contrary to an express instruction given to the lawyer by the interested person; and\n- (ii) is unlikely to adversely affect the interested person; and\n- (a) any right a person may have to recover possession of the historic document; or\n- (b) legal professional privilege attaching to the historic document, or the information contained in the historic document.\n- (a) the use or disclosure is for historical or educational purposes; and\n- (b) the historic document is at least 100 years old, or if the historic document is a copy of another document, the other document is at least 100 years old.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Trusts upon which committee holds property","content":"### sec.8 Trusts upon which committee holds property\n\nThe trusts on which property vests in the committee shall be public charitable trusts and the committee shall be a body constituted for public charitable purposes.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Committee is statutory body","content":"### sec.9 Committee is statutory body\n\nUnder the Statutory Bodies Financial Arrangements Act 1982 , the committee is a statutory body.\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the committee’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\ns 9 sub 1996 No. 54 s 9 sch\n(sec.9-ssec.1) Under the Statutory Bodies Financial Arrangements Act 1982 , the committee is a statutory body.\n(sec.9-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the committee’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Functions of committee","content":"### sec.10 Functions of committee\n\nThe committee has the following functions—\nmanaging and controlling the Supreme Court library;\npromoting the purposes and interests of the Supreme Court library;\ndoing all things necessary, expedient or desirable for the benefit, preservation, maintenance, upkeep, expansion, improvement and housing of the Supreme Court library;\nmonitoring and collating information about sentences imposed by courts;\nmaintaining and administering QSIS.\ns 10 sub 2013 No. 25 s 177\n- (a) managing and controlling the Supreme Court library;\n- (b) promoting the purposes and interests of the Supreme Court library;\n- (c) doing all things necessary, expedient or desirable for the benefit, preservation, maintenance, upkeep, expansion, improvement and housing of the Supreme Court library;\n- (d) monitoring and collating information about sentences imposed by courts;\n- (e) maintaining and administering QSIS.","sortOrder":12},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Delegation of particular functions","content":"### sec.10A Delegation of particular functions\n\nThe committee may delegate its functions under part 3 to the following—\na member;\na subcommittee;\nan appropriately qualified employee.\ns 10A ins 2013 No. 25 s 177\n- (a) a member;\n- (b) a subcommittee;\n- (c) an appropriately qualified employee.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Fees received relating to admission and examinations","content":"### sec.11 Fees received relating to admission and examinations\n\nAll moneys including admission and examination fees must be paid to the committee.\ns 11 amd 2004 No. 11 s 596 sch 1","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Provision by Crown towards expenses of committee","content":"### sec.12 Provision by Crown towards expenses of committee\n\nThe Crown may, in any year by way of grant, make such contribution towards the expenses incurred by the committee in carrying this Act into effect as is deemed proper.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Employees of committee","content":"### sec.13 Employees of committee\n\nUntil the committee otherwise determines, a person who immediately prior to the commencement of this Act was employed by the body then known as the Supreme Court library committee shall continue in office as an employee of the committee upon the same terms and conditions as were applicable to the person immediately prior to that commencement.","sortOrder":16},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Superannuation scheme or arrangement","content":"### sec.13A Superannuation scheme or arrangement\n\nThe committee is authorised and is deemed always to have been authorised to establish or participate in a scheme or arrangement that secures superannuation benefits for any employee or employees of the committee.\nOn and after the passing of the Supreme Court Library Act Amendment Act 1987 , it shall not be competent to the committee—\nto establish or to commence to participate in a scheme or arrangement such as is referred to in subsection (1) ; or\nto amend a scheme or arrangement such as is referred to in subsection (1) established by the committee; or\nto continue to participate in a scheme or arrangement such as is referred to in subsection (1) that is amended subsequently to the passing of that Act and subsequently to the committee’s commencing to participate therein;\nunless the approval of the Governor in Council has first been obtained to the establishment, participation, amendment or, as the case may be, continued participation.\nA reference to a scheme or arrangement in subsection (2) (b) or (c) includes a reference to any such scheme or arrangement which the committee has established before or in which the committee was participating immediately before the commencement of the Supreme Court Library Act Amendment Act 1987 .\ns 13A ins 1987 No. 28 s 4\n(sec.13A-ssec.1) The committee is authorised and is deemed always to have been authorised to establish or participate in a scheme or arrangement that secures superannuation benefits for any employee or employees of the committee.\n(sec.13A-ssec.2) On and after the passing of the Supreme Court Library Act Amendment Act 1987 , it shall not be competent to the committee— to establish or to commence to participate in a scheme or arrangement such as is referred to in subsection (1) ; or to amend a scheme or arrangement such as is referred to in subsection (1) established by the committee; or to continue to participate in a scheme or arrangement such as is referred to in subsection (1) that is amended subsequently to the passing of that Act and subsequently to the committee’s commencing to participate therein; unless the approval of the Governor in Council has first been obtained to the establishment, participation, amendment or, as the case may be, continued participation.\n(sec.13A-ssec.3) A reference to a scheme or arrangement in subsection (2) (b) or (c) includes a reference to any such scheme or arrangement which the committee has established before or in which the committee was participating immediately before the commencement of the Supreme Court Library Act Amendment Act 1987 .\n- (a) to establish or to commence to participate in a scheme or arrangement such as is referred to in subsection (1) ; or\n- (b) to amend a scheme or arrangement such as is referred to in subsection (1) established by the committee; or\n- (c) to continue to participate in a scheme or arrangement such as is referred to in subsection (1) that is amended subsequently to the passing of that Act and subsequently to the committee’s commencing to participate therein;","sortOrder":17},{"sectionNumber":"sec.13B","sectionType":"section","heading":"Protection from liability of members","content":"### sec.13B Protection from liability of members\n\nA member of the committee is not civilly liable for an act done, or omission made, in good faith under this Act.\nIf subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the committee.\ns 13B ins 2017 No. 17 s 249\n(sec.13B-ssec.1) A member of the committee is not civilly liable for an act done, or omission made, in good faith under this Act.\n(sec.13B-ssec.2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the committee.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Power to make rules","content":"### sec.14 Power to make rules\n\nThe committee may make rules under this Act.\nA rule must be approved by the chief justice.\nA rule may be made about the following—\nthe management and control of the affairs of the committee;\nthe appointment and constitution of subcommittees (which may consist of or include persons not members of the committee) for such purposes and so constituted and with such powers and duties (including powers of delegation and cooption) as the committee may determine;\nthe provision of grants of property upon or without conditions to any part or branch of the Supreme Court library;\nthe appointment or engagement of employees or other persons upon such terms and subject to such conditions as the committee thinks fit and the establishment and maintenance or the procurement of the establishment and maintenance of any contributory or noncontributory pension or superannuation fund or scheme for the benefit of any such employees or other persons or any dependants of the same;\nthe use and custody of the common seal;\nthe manner and time of convening, holding and adjourning meetings of the committee and the proceedings at such meetings;\nthe management, control and investment of property vested in the committee;\nthe admission, exclusion or expulsion of the public or any person from the Supreme Court library or any part thereof;\nthe conditions and restrictions upon and subject to which any use, benefit or loan of any property (including books, documents and manuscripts) vested in the committee be permitted or allowed.\nAny functions conferred upon the committee under this Act may be exercised notwithstanding that rules have not been made pursuant to the powers conferred by this section and the power to make rules with respect to any purpose, matter or thing shall not be taken as limiting any function conferred upon the committee by any provision of this Act (other than this section).\nA rule is not subordinate legislation.\ns 14 amd 1995 No. 58 s 4 sch 1; 2017 No. 17 s 258 sch 1\n(sec.14-ssec.1) The committee may make rules under this Act.\n(sec.14-ssec.2) A rule must be approved by the chief justice.\n(sec.14-ssec.3) A rule may be made about the following— the management and control of the affairs of the committee; the appointment and constitution of subcommittees (which may consist of or include persons not members of the committee) for such purposes and so constituted and with such powers and duties (including powers of delegation and cooption) as the committee may determine; the provision of grants of property upon or without conditions to any part or branch of the Supreme Court library; the appointment or engagement of employees or other persons upon such terms and subject to such conditions as the committee thinks fit and the establishment and maintenance or the procurement of the establishment and maintenance of any contributory or noncontributory pension or superannuation fund or scheme for the benefit of any such employees or other persons or any dependants of the same; the use and custody of the common seal; the manner and time of convening, holding and adjourning meetings of the committee and the proceedings at such meetings; the management, control and investment of property vested in the committee; the admission, exclusion or expulsion of the public or any person from the Supreme Court library or any part thereof; the conditions and restrictions upon and subject to which any use, benefit or loan of any property (including books, documents and manuscripts) vested in the committee be permitted or allowed.\n(sec.14-ssec.4) Any functions conferred upon the committee under this Act may be exercised notwithstanding that rules have not been made pursuant to the powers conferred by this section and the power to make rules with respect to any purpose, matter or thing shall not be taken as limiting any function conferred upon the committee by any provision of this Act (other than this section).\n(sec.14-ssec.5) A rule is not subordinate legislation.\n- (a) the management and control of the affairs of the committee;\n- (b) the appointment and constitution of subcommittees (which may consist of or include persons not members of the committee) for such purposes and so constituted and with such powers and duties (including powers of delegation and cooption) as the committee may determine;\n- (c) the provision of grants of property upon or without conditions to any part or branch of the Supreme Court library;\n- (d) the appointment or engagement of employees or other persons upon such terms and subject to such conditions as the committee thinks fit and the establishment and maintenance or the procurement of the establishment and maintenance of any contributory or noncontributory pension or superannuation fund or scheme for the benefit of any such employees or other persons or any dependants of the same;\n- (e) the use and custody of the common seal;\n- (f) the manner and time of convening, holding and adjourning meetings of the committee and the proceedings at such meetings;\n- (g) the management, control and investment of property vested in the committee;\n- (h) the admission, exclusion or expulsion of the public or any person from the Supreme Court library or any part thereof;\n- (i) the conditions and restrictions upon and subject to which any use, benefit or loan of any property (including books, documents and manuscripts) vested in the committee be permitted or allowed.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 om 1995 No. 58 s 4 sch 1","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Annual report and accounts","content":"### sec.16 Annual report and accounts\n\nThe committee shall on or before 30 September in each year subsequent to the year 1977 submit to the chief justice and the Minister a report of its proceedings during the period of 12 months ending on 30 June last preceding.\nA report submitted pursuant to subsection (1) shall include a statement of the committee’s income and expenditure and a balance sheet in respect of the period to which the report relates.\nThe committee shall, at the time of submitting each report specified in subsection (1) , furnish a copy of the report to the registrar of the Supreme Court at Brisbane who shall file it in the central registry at Brisbane.\ns 16 sub 1973 No. 55 s 4 ; 1976 No. 54 s 3\namd 1990 No. 80 s 3 sch 6 ; R1 (see RA s 37 )\n(sec.16-ssec.1) The committee shall on or before 30 September in each year subsequent to the year 1977 submit to the chief justice and the Minister a report of its proceedings during the period of 12 months ending on 30 June last preceding.\n(sec.16-ssec.2) A report submitted pursuant to subsection (1) shall include a statement of the committee’s income and expenditure and a balance sheet in respect of the period to which the report relates.\n(sec.16-ssec.3) The committee shall, at the time of submitting each report specified in subsection (1) , furnish a copy of the report to the registrar of the Supreme Court at Brisbane who shall file it in the central registry at Brisbane.","sortOrder":21},{"sectionNumber":"pt.3","sectionType":"part","heading":"Queensland Sentencing Information Service","content":"# Queensland Sentencing Information Service","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Establishment","content":"### sec.17 Establishment\n\nThe Queensland Sentencing Information Service ( QSIS ) is established.\nThe purpose of establishing QSIS is to provide a database of sentencing information (the QSIS database ) to help with the administration of the criminal justice system by, for example, helping the courts achieve consistency in sentencing.\ns 17 ins 2013 No. 25 s 178\n(sec.17-ssec.1) The Queensland Sentencing Information Service ( QSIS ) is established.\n(sec.17-ssec.2) The purpose of establishing QSIS is to provide a database of sentencing information (the QSIS database ) to help with the administration of the criminal justice system by, for example, helping the courts achieve consistency in sentencing.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Sentencing information in QSIS database","content":"### sec.18 Sentencing information in QSIS database\n\nThe committee may give sentencing information to the information technology service provider for inclusion in the QSIS database.\nThe information technology service provider may include the sentencing information in the QSIS database.\nThe committee may allow access to the QSIS database, other than a part of the database containing restricted information, to any entity for a purpose mentioned in section 17 (2) .\nThe committee may allow access to restricted information only to an entity—\nentitled to access under section 19 (1) ; or\ngranted access under an arrangement mentioned in section 20 .\nThis section applies despite any other Act that restricts or prohibits the disclosure of sentencing information.\ns 18 ins 2013 No. 25 s 178\n(sec.18-ssec.1) The committee may give sentencing information to the information technology service provider for inclusion in the QSIS database.\n(sec.18-ssec.2) The information technology service provider may include the sentencing information in the QSIS database.\n(sec.18-ssec.3) The committee may allow access to the QSIS database, other than a part of the database containing restricted information, to any entity for a purpose mentioned in section 17 (2) .\n(sec.18-ssec.4) The committee may allow access to restricted information only to an entity— entitled to access under section 19 (1) ; or granted access under an arrangement mentioned in section 20 .\n(sec.18-ssec.5) This section applies despite any other Act that restricts or prohibits the disclosure of sentencing information.\n- (a) entitled to access under section 19 (1) ; or\n- (b) granted access under an arrangement mentioned in section 20 .","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Access to restricted information","content":"### sec.19 Access to restricted information\n\nRelevant judicial persons are entitled to access to restricted information in the QSIS database.\nSubject to section 20 , the committee may grant access to restricted information in the QSIS database to any of the following—\na government entity concerned with—\nprosecuting offences; or\nproviding legal services to defendants; or\nproviding corrective services to offenders;\na local government to the extent the local government is concerned with prosecuting offences;\na non-government organisation that receives funding from the Commonwealth or a State government to provide legal services to defendants;\nan employee of a non-government organisation who, under an Act, is appointed to enforce compliance with the Act ;\na part of a government entity concerned with the administration of the criminal justice system;\na law practice or an individual Australian legal practitioner concerned with—\nprosecuting offences; or\nproviding legal services to defendants.\nIn this section—\nAustralian legal practitioner see the Legal Profession Act 2007 , section 6 .\ngovernment entity —\nhas the meaning given by the Public Sector Act 2022 , section 276 ; and\nincludes a government entity of the Commonwealth or another State.\nlaw practice see the Legal Profession Act 2007 , schedule 2 , definition law practice , paragraph (b) .\nrelevant judicial person means any of the following—\na judge of the Supreme Court or the District Court;\nan associate to a judge;\na magistrate;\na judicial registrar of the Supreme Court, the District Court or the Magistrates Court.\ns 19 ins 2013 No. 25 s 178\namd 2022 No. 34 s 365 sch 3\n(sec.19-ssec.1) Relevant judicial persons are entitled to access to restricted information in the QSIS database.\n(sec.19-ssec.2) Subject to section 20 , the committee may grant access to restricted information in the QSIS database to any of the following— a government entity concerned with— prosecuting offences; or providing legal services to defendants; or providing corrective services to offenders; a local government to the extent the local government is concerned with prosecuting offences; a non-government organisation that receives funding from the Commonwealth or a State government to provide legal services to defendants; an employee of a non-government organisation who, under an Act, is appointed to enforce compliance with the Act ; a part of a government entity concerned with the administration of the criminal justice system; a law practice or an individual Australian legal practitioner concerned with— prosecuting offences; or providing legal services to defendants.\n(sec.19-ssec.3) In this section— Australian legal practitioner see the Legal Profession Act 2007 , section 6 . government entity — has the meaning given by the Public Sector Act 2022 , section 276 ; and includes a government entity of the Commonwealth or another State. law practice see the Legal Profession Act 2007 , schedule 2 , definition law practice , paragraph (b) . relevant judicial person means any of the following— a judge of the Supreme Court or the District Court; an associate to a judge; a magistrate; a judicial registrar of the Supreme Court, the District Court or the Magistrates Court.\n- (a) a government entity concerned with— (i) prosecuting offences; or (ii) providing legal services to defendants; or (iii) providing corrective services to offenders;\n- (i) prosecuting offences; or\n- (ii) providing legal services to defendants; or\n- (iii) providing corrective services to offenders;\n- (b) a local government to the extent the local government is concerned with prosecuting offences;\n- (c) a non-government organisation that receives funding from the Commonwealth or a State government to provide legal services to defendants;\n- (d) an employee of a non-government organisation who, under an Act, is appointed to enforce compliance with the Act ;\n- (e) a part of a government entity concerned with the administration of the criminal justice system;\n- (f) a law practice or an individual Australian legal practitioner concerned with— (i) prosecuting offences; or (ii) providing legal services to defendants.\n- (i) prosecuting offences; or\n- (ii) providing legal services to defendants.\n- (i) prosecuting offences; or\n- (ii) providing legal services to defendants; or\n- (iii) providing corrective services to offenders;\n- (i) prosecuting offences; or\n- (ii) providing legal services to defendants.\n- (a) has the meaning given by the Public Sector Act 2022 , section 276 ; and\n- (b) includes a government entity of the Commonwealth or another State.\n- (a) a judge of the Supreme Court or the District Court;\n- (b) an associate to a judge;\n- (c) a magistrate;\n- (d) a judicial registrar of the Supreme Court, the District Court or the Magistrates Court.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Arrangements for access to QSIS database","content":"### sec.20 Arrangements for access to QSIS database\n\nSubsection (2) applies if the committee intends granting an entity access to restricted information on the QSIS database under section 19 (2) .\nThe committee must first enter into a written arrangement with the entity about the access.\nWithout limiting subsection (2) , the arrangement must state—\nthe purposes for which restricted information may be used; and\nfor an arrangement with an entity other than an individual—the persons or category of persons within the entity to whom the restricted information may be disclosed; and\nthat the restricted information may not be disclosed to anyone other than in accordance with the arrangement.\ns 20 ins 2013 No. 25 s 178\n(sec.20-ssec.1) Subsection (2) applies if the committee intends granting an entity access to restricted information on the QSIS database under section 19 (2) .\n(sec.20-ssec.2) The committee must first enter into a written arrangement with the entity about the access.\n(sec.20-ssec.3) Without limiting subsection (2) , the arrangement must state— the purposes for which restricted information may be used; and for an arrangement with an entity other than an individual—the persons or category of persons within the entity to whom the restricted information may be disclosed; and that the restricted information may not be disclosed to anyone other than in accordance with the arrangement.\n- (a) the purposes for which restricted information may be used; and\n- (b) for an arrangement with an entity other than an individual—the persons or category of persons within the entity to whom the restricted information may be disclosed; and\n- (c) that the restricted information may not be disclosed to anyone other than in accordance with the arrangement.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Misuse of QSIS information","content":"### sec.21 Misuse of QSIS information\n\nThis section applies in relation to an entity that is—\nallowed access to the QSIS database under section 18 (3) ; or\nentitled to access to restricted information under section 19 (1) ; or\ngranted access to restricted information under section 19 (2) .\nThe entity, or persons within the entity, to whom access to the QSIS database is granted must not use the information other than for the purpose for which it was obtained.\nMaximum penalty—\nfor an individual—100 penalty units; or\nfor a corporation—500 penalty units.\nSubsection (2) does not apply to an entity if, had the entity obtained information in the QSIS database in the performance of the entity’s functions under another Act, use of the information would not have been restricted in the way stated in subsection (2) .\ns 21 ins 2013 No. 25 s 178\n(sec.21-ssec.1) This section applies in relation to an entity that is— allowed access to the QSIS database under section 18 (3) ; or entitled to access to restricted information under section 19 (1) ; or granted access to restricted information under section 19 (2) .\n(sec.21-ssec.2) The entity, or persons within the entity, to whom access to the QSIS database is granted must not use the information other than for the purpose for which it was obtained. Maximum penalty— for an individual—100 penalty units; or for a corporation—500 penalty units.\n(sec.21-ssec.3) Subsection (2) does not apply to an entity if, had the entity obtained information in the QSIS database in the performance of the entity’s functions under another Act, use of the information would not have been restricted in the way stated in subsection (2) .\n- (a) allowed access to the QSIS database under section 18 (3) ; or\n- (b) entitled to access to restricted information under section 19 (1) ; or\n- (c) granted access to restricted information under section 19 (2) .\n- (a) for an individual—100 penalty units; or\n- (b) for a corporation—500 penalty units.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Use of information permitted despite other Act","content":"### sec.22 Use of information permitted despite other Act\n\nAn entity, or persons within the entity, to whom restricted information obtained under section 19 (1) or (2) is disclosed, may use the information for the purpose for which it was obtained, despite any other Act restricting or prohibiting the use of the information.\ns 22 ins 2013 No. 25 s 178","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Protection from liability","content":"### sec.23 Protection from liability\n\nThis section applies to a person who, acting honestly, makes information in the QSIS database available to an entity—\nallowed access under section 18 (3) ; or\nentitled to access to restricted information under section 19 (1) ; or\ngranted access to restricted information under section 19 (2) .\nThe person is not liable, civilly, criminally or under an administrative process, for making the information available.\nAlso, merely because the person makes the information available, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (2) and (3) —\nin a proceeding for defamation, the person has a defence of absolute privilege for making the information available; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—\ndoes not contravene the Act , oath or rule of law or practice by making the information available; and\nis not liable to disciplinary action for making the information available.\ns 23 ins 2013 No. 25 s 178\n(sec.23-ssec.1) This section applies to a person who, acting honestly, makes information in the QSIS database available to an entity— allowed access under section 18 (3) ; or entitled to access to restricted information under section 19 (1) ; or granted access to restricted information under section 19 (2) .\n(sec.23-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for making the information available.\n(sec.23-ssec.3) Also, merely because the person makes the information available, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.23-ssec.4) Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for making the information available; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by making the information available; and is not liable to disciplinary action for making the information available.\n- (a) allowed access under section 18 (3) ; or\n- (b) entitled to access to restricted information under section 19 (1) ; or\n- (c) granted access to restricted information under section 19 (2) .\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for making the information available; and\n- (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by making the information available; and (ii) is not liable to disciplinary action for making the information available.\n- (i) does not contravene the Act , oath or rule of law or practice by making the information available; and\n- (ii) is not liable to disciplinary action for making the information available.\n- (i) does not contravene the Act , oath or rule of law or practice by making the information available; and\n- (ii) is not liable to disciplinary action for making the information available.","sortOrder":29}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.4-ssec.4 / sec.4-ssec.8","severity":"medium","reasoning":"Section 4(4)(c) provides that a member's office becomes vacant if the member 'does not hold a local practising certificate, or has a practising certificate that is suspended'. However, the committee includes the Chief Justice, judges of the Supreme Court, District Court judges, and magistrates (s4(1)(a)-(c)), none of whom hold practising certificates — judicial officers surrender their practising certificates upon appointment to the bench. This provision would technically render every judicial member's office immediately vacant upon appointment, or alternatively must be read as applying only to the barrister and solicitor members under s4(1)(d), which is not stated. The drafting is ambiguous at best and self-defeating at worst.","confidence":0.82,"description":"Vacancy trigger for non-practising certificate holders applies to judicial members who cannot hold practising certificates"},{"type":"self_contradicting","section":"sec.13A-ssec.1 / sec.13A-ssec.2","severity":"medium","reasoning":"Section 13A(1) deems the committee to have 'always been authorised' to establish or participate in superannuation schemes. Section 13A(2) then immediately prohibits doing so without Governor in Council approval 'on and after the passing of' the 1987 Amendment Act. The retroactive authorisation in subsection (1) is rendered largely hollow because the prospective restriction in subsection (2) applies from the same moment the section commenced. The 'always been authorised' language creates an implied past authorisation, but subsection (2)(c) further restricts continued participation in schemes amended after the Act's passing — meaning the retroactive authorisation could be instantly neutralised for existing schemes that are subsequently amended, creating a tension between the grant and the curtailment of the same power.","confidence":0.71,"description":"Retroactive authorisation immediately curtailed by prospective prohibition"},{"type":"self_contradicting","section":"sec.7A-ssec.1 / sec.7A-ssec.3","severity":"medium","reasoning":"Section 7A(1) permits a lawyer to give (including loan — s7A(5)) a historic document to the committee without obtaining the consent of an 'interested person' provided certain conditions are met. Section 7A(3)(a) then preserves 'any right a person may have to recover possession of the historic document'. This creates a practical absurdity: the Act authorises a transfer/loan to the committee while simultaneously preserving the interested person's right to reclaim it, which could immediately undo the very transfer the Act permits. The committee is also obliged under s7A(2) to 'take reasonable steps to preserve' the document, yet must presumably surrender it on demand. The scheme achieves nothing durable.","confidence":0.78,"description":"Lawyer may donate document without consent yet third party retains full right to recover possession"},{"type":"other","section":"sec.7A-ssec.4","severity":"low","reasoning":"Section 7A(4) permits the committee to use or disclose a historic document 'only if' it is at least 100 years old (or is a copy of a document at least 100 years old). However, s7A(5) defines 'historic document' as one 'considered by the committee to have sufficient historical significance to justify its preservation'. A document could be considered historically significant and accepted for preservation well before it turns 100 years old, yet the committee would be prohibited from using or disclosing it for historical or educational purposes for the entirety of that period. This creates an odd outcome where documents of recognised historical significance are preserved but completely quarantined from the very 'historical or educational purposes' that justify their preservation.","confidence":0.75,"description":"100-year age restriction on use/disclosure renders preservation purpose largely unachievable for most deposited documents"},{"type":"impossible_compliance","section":"sec.4-ssec.3 / sec.4-ssec.3A","severity":"low","reasoning":"Section 4(3) requires appointments to be made 'in the month of December of each year' for the following year. Section 4(3A) provides members hold office for 1 year 'commencing on and from 1 January next following their appointments'. If appointments are not made during December (whether through oversight or practical impossibility), there is no mechanism to extend the outgoing members' terms or to make appointments retrospectively. The Act provides no savings provision for late appointments, potentially leaving the committee without validly appointed members from 1 January. While s4(6) saves proceedings despite vacancies, this does not address a scenario where all appointed positions expire simultaneously.","confidence":0.6,"description":"Annual appointment cycle creates potential governance gap at year-end"},{"type":"retroactive_impossibility","section":"sec.7-ssec.1(b)(iii)","severity":"low","reasoning":"Section 7(1)(b)(iii) still refers on the face of the Act to 'inscribed stock and the interest thereon and rights in relation thereto in Southern Electric Authority Loan No. 264 maturing on 31 October 1974'. This loan matured over 50 years ago. The Act continues to vest in the committee rights in relation to a financial instrument that no longer exists in any operative sense. While harmless now, it represents a provision permanently incapable of having any ongoing legal effect, creating confusion about whether the committee holds obligations in relation to a long-since matured instrument.","confidence":0.65,"description":"Vesting of inscribed stock in a loan that matured in 1974 is now permanently spent"},{"type":"other","section":"sec.3A / sec.9","severity":"low","reasoning":"Section 3A prescribes the committee is 'not a public sector entity' for the Public Sector Act 2022. Section 9 declares it is a 'statutory body' under the Statutory Bodies Financial Arrangements Act 1982, which imposes significant government-style financial controls. While these two statutes have different definitions and the provisions may be technically reconcilable, the simultaneous treatment of the committee as outside the public sector framework (s3A) yet subject to comprehensive statutory body financial oversight (s9) reflects an inherent tension in the committee's legal character that could produce uncertainty in practice.","confidence":0.5,"description":"Committee is simultaneously declared not a public sector entity yet is a statutory body subject to statutory bodies financial arrangements"},{"type":"other","section":"sec.4-ssec.2A","severity":"low","reasoning":"Section 4(2A) provides that where the chairperson is absent after a quorum is constituted, members present elect one of their number as acting chairperson with 'all the powers, duties and functions of the chairperson'. Section 4(2B) gives the chairperson both a deliberative vote and a casting vote on equality. This means any member present at a quorate meeting could be elected as acting chairperson and thereby obtain a double vote. While this is a relatively common legislative device, it creates a structural incentive for a faction to ensure the chairperson is absent so that a sympathetic member can be elevated to obtain the casting vote advantage.","confidence":0.42,"description":"Acting chairperson elected from members present has all chairperson powers, including casting vote, but quorum requirements may be gamed"}],"contradictions":[{"severity":"medium","section_a":"sec.8","section_b":"sec.3A / sec.9","confidence":0.65,"description":"Committee is a public charitable trust yet simultaneously a non-public-sector statutory body subject to government financial controls"},{"severity":"medium","section_a":"sec.7A-ssec.1","section_b":"sec.7A-ssec.3(a)","confidence":0.8,"description":"Lawyer is permitted to give historic document to committee without interested person's consent, but interested person's right to recover possession is fully preserved, making the authorised transfer revocable at will and the permission practically illusory"},{"severity":"high","section_a":"sec.4-ssec.4(c)","section_b":"sec.4-ssec.1(a)-(c)","confidence":0.78,"description":"Vacancy trigger for absence of practising certificate applies facially to all members including judicial officers who by definition cannot hold practising certificates, potentially rendering judicial appointments void ab initio"},{"severity":"medium","section_a":"sec.13A-ssec.1","section_b":"sec.13A-ssec.2","confidence":0.7,"description":"Subsection (1) grants retroactive and ongoing authorisation to establish superannuation schemes; subsection (2) immediately prohibits exercise of that authorisation without Governor in Council approval from the same commencement date, substantially negating the authorisation granted"},{"severity":"low","section_a":"sec.18-ssec.5","section_b":"sec.21-ssec.2","confidence":0.55,"description":"Section 18(5) provides the QSIS access provisions apply despite any other Act restricting disclosure of sentencing information, suggesting broad permission; section 21(2) then imposes a penalty for use of information other than for the purpose for which it was obtained, and section 21(3) creates an exception where another Act would not have restricted that use — creating a circular relationship between the override provision and the penalty provision that is difficult to resolve consistently"},{"severity":"medium","section_a":"sec.14-ssec.1 / sec.14-ssec.2","section_b":"sec.13A-ssec.2","confidence":0.68,"description":"Section 14(3)(d) empowers the committee to make rules about establishing superannuation funds for employees, subject only to chief justice approval under s14(2). Section 13A(2) requires Governor in Council approval for superannuation schemes. It is unclear whether rules made under s14(3)(d) with chief justice approval satisfy or circumvent the Governor in Council approval requirement in s13A(2), creating a potential conflict between the two approval pathways for the same subject matter."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1968 purpose of managing physical court libraries. The 2013 amendments added Part 3 (QSIS), transforming the Committee from a library management body into a key administrator of criminal justice information systems. The 2022 amendment (sec.3A) further clarified its status vis-à-vis public sector employment law. The original Act dealt with books and buildings; it now governs digital databases, sentencing analytics, and complex information sharing protocols across multiple jurisdictions."},"complexity_factors":["Multiple nested lists defining committee membership (sec.4) with various appointment mechanisms and acting arrangements","Specific historical property transfers including named individuals and account numbers from 1968/1973 (sec.7)","Cross-references to external legislation including Public Sector Act 2022, Legal Profession Act 2007, and Statutory Bodies Financial Arrangements Act 1982","Conditional logic for accessing restricted sentencing information with tiered access levels (Part 3, secs.18-20)","Multiple defined terms located in Schedule 1 (dictionary) rather than inline definitions","Exception clauses in sec.21(3) regarding misuse penalties and sec.23 regarding liability protections","Transitional provisions preserving employment and superannuation schemes (secs.13, 13A)"],"plain_english_summary":"This Queensland legislation establishes and governs the **Supreme Court Library Committee** — a body that manages the Supreme Court libraries in Brisbane, Rockhampton and Townsville, and also runs a sentencing database called **QSIS** (Queensland Sentencing Information Service).\n\n**What it does:**\n- **Creates a corporate body**: The Committee is a legal entity (a \"body corporate\") that can own property, sue and be sued, and operate independently of direct government control.\n- **Sets up the membership**: The Committee includes senior judges (Chief Justice, Chief Judge of District Courts, Chief Magistrate or their nominees), plus 8 lawyers (4 barristers and 4 solicitors appointed by various legal bodies), and the Minister or their representative.\n- **Transfers assets**: All books, documents, money and investments previously belonging to or held for the Supreme Court libraries are transferred to the Committee's ownership.\n- **Manages the libraries**: The Committee runs the libraries, sets rules for public access, and can hire staff.\n- **Operates QSIS**: Since 2013, the Committee maintains a database of sentencing information to help courts achieve consistent sentencing. Access is tightly controlled — judges and certain legal entities can see restricted information, but others need special arrangements.\n- **Protects members**: Committee members acting in good faith are protected from personal legal liability.\n\n**Who it affects:**\n- Lawyers and judges who use the Supreme Court libraries\n- Legal researchers and historians (especially regarding historic documents over 100 years old)\n- Court staff and government agencies involved in criminal justice\n- The general public (who may be excluded from certain library areas)\n\n**Why it matters:**\nThis Act keeps Queensland's key legal libraries independent and properly funded, while also supporting transparency and consistency in criminal sentencing through the QSIS database. It balances public access to legal resources with necessary restrictions on sensitive sentencing data."},"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"},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1968 Act was narrowly focused on establishing a governance body to manage the Supreme Court library and vest library property in that body. The scope expanded significantly in 2013 (via the Justice and Other Legislation Amendment Act 2013) with the addition of Part 3, which established the Queensland Sentencing Information Service (QSIS) — a state-wide criminal sentencing database. This transformed the Act from a simple library administration statute into one that also governs the collection, storage, access, and misuse of sensitive criminal justice information, with associated penalty provisions."},"complexity_factors":["Two distinct regulatory regimes in one Act (library governance and a sentencing database) that have different purposes and audiences","Layered membership structure for the Committee with multiple appointing authorities (Chief Justice, Bar Association, Law Society, Chief Magistrate, Minister)","Tiered access controls for QSIS restricted information with multiple categories of eligible entities defined by reference to other Acts","Multiple cross-references to other Queensland legislation (Legal Profession Act 2007, Statutory Bodies Financial Arrangements Act 1982, Public Sector Act 2022)","Historic provisions (e.g. specific named bank accounts and bond holdings from 1968) mixed with modern database regulation added in 2013","Corporate law concepts (body corporate, perpetual succession, common seal, charitable trust) embedded in administrative legislation","Superannuation provisions requiring Governor in Council approval add an additional regulatory layer","Legal professional privilege and confidentiality carve-outs in the historic documents and QSIS sections require understanding of professional legal obligations"],"plain_english_summary":"## Supreme Court Library Act 1968 (Queensland)\n\n### What does this law do?\n\nThis Act sets up and governs two main things:\n\n**1. The Supreme Court Library Committee**\nThis is a formally established organisation (a \"body corporate\" — meaning it can own property, sue and be sued in its own name, like a company) responsible for running Queensland's Supreme Court libraries in Brisbane, Rockhampton, and Townsville.\n\n**2. The Queensland Sentencing Information Service (QSIS)**\nAdded in 2013, this is a database that collects and stores information about sentences handed down by Queensland courts. Its purpose is to help judges, magistrates, lawyers and prosecutors achieve consistency — so that similar crimes receive similar sentences across the state.\n\n---\n\n### Who runs the Library Committee?\n\nThe Committee is made up of:\n- The Chief Justice (or a Supreme Court judge they appoint) — who chairs the committee\n- The Chief Judge of District Courts (or their appointee)\n- The Chief Magistrate (or their appointee)\n- 4 practising barristers (lawyers who argue cases in court) with at least 3 years' experience\n- 4 practising solicitors (lawyers who advise clients) with at least 3 years' experience\n- The relevant government Minister (or their representative)\n\nMembers serve for one year at a time, appointed in December each year.\n\n---\n\n### What does the Committee do?\n\n- Manages and maintains the Supreme Court library\n- Preserves historic legal documents (lawyers can donate old documents of historical significance without needing client consent, provided it won't harm the client)\n- Holds library property as a **public charitable trust** (meaning the assets are held for the public benefit, like a charity)\n- Monitors and collects information about court sentences\n- Runs and maintains the QSIS database\n\n---\n\n### Who can access the QSIS sentencing database?\n\n**Open access** (general sentencing info, no restrictions): Any organisation using it for the stated purpose of improving consistency in sentencing.\n\n**Restricted access** (sensitive sentencing data): Only specific people and organisations, including:\n- Judges, magistrates, and their associates\n- Government agencies involved in prosecuting crimes, defending accused people, or managing prisoners\n- Legal aid and community legal services funded by government\n- Private law firms and lawyers involved in prosecuting or defending cases\n\nAccess to restricted information requires a **written agreement** with the Committee spelling out how the information can be used and who can see it.\n\n---\n\n### What are the penalties for misuse?\n\nIf someone uses QSIS information for a purpose other than what it was obtained for:\n- **Individuals**: Up to 100 penalty units (approximately $15,000+ AUD)\n- **Corporations**: Up to 500 penalty units (approximately $75,000+ AUD)\n\n---\n\n### Who does this law mainly affect?\n\n- **Judges, magistrates and their staff** — they run the Committee and use QSIS\n- **Lawyers (barristers and solicitors)** — sit on the Committee and can access QSIS\n- **Legal aid organisations and law firms** — can apply for QSIS access\n- **Government departments** involved in courts, prisons, and law enforcement\n- **General public** — indirectly benefits from more consistent court sentencing and a well-resourced legal library"}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-library-act-1968","history":"/api/acts/supreme-court-library-act-1968/history","analysis":"/api/acts/supreme-court-library-act-1968/analysis","conflicts":"/api/acts/supreme-court-library-act-1968/conflicts","importantCases":"/api/acts/supreme-court-library-act-1968/important-cases","documents":"/api/acts/supreme-court-library-act-1968/documents"}}