Electronic Approval Guideline - Queensland Health · Online forms include, for example: workflow...

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1. Statement The Department of Health (the Department) is committed to adopting a consistent and appropriate approach to the use of electronic approvals to ensure compliance with applicable regulatory and legislative requirements. Electronic approval promotes efficient processing of transactions requiring specific authorisations. However, there are restrictions on its use as referred to in the Electronic Approval Policy. Whilst improving efficiency in transaction processing is one of the advantages of using of electronic approval, there is a need to consider and manage the risks in accordance with the Department’s Risk appetite statement for Department of Health risks. This guideline will assist in determining: Whether the use of electronic approvals is appropriate for the purpose of the transaction, How to assess and determine the appropriate method of electronic approval to be used, How to gain appropriate resolution if there is any uncertainty after applying this guideline to the specific example. 2. Scope This guideline supports the Electronic Approval Policy and provides guidance in the practical business application of electronic approvals to: all Department employees (permanent, temporary and casual) all entities and individuals acting as agents for the Department, including contractors and consultants students within the Department. 3. Requirements To support best practice, there are a number of criteria to assist in determining whether to use electronic approval in lieu of a wet signature, as specified in the Electronic Transactions (Queensland) Act 2001 (ETA), including: that the ‘signature’ identifies the originator, and indicates their intention to conduct business through electronic approval methods (e.g. providing approval via an electronic form) using an electronic approval method that is appropriate and reliable for the specific intended purpose that the person receiving the document consents to conducting business through electronic approval methods. When applying the criteria for the use of electronic approvals, other elements of the transaction and business process that need to be considered include, but are not limited to: the risk inherent in the transaction and business process Electronic Approval Department of Health Guideline QH-GDL-449-1:2017

Transcript of Electronic Approval Guideline - Queensland Health · Online forms include, for example: workflow...

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1. Statement The Department of Health (the Department) is committed to adopting a consistent and appropriate approach to the use of electronic approvals to ensure compliance with applicable regulatory and legislative requirements.

Electronic approval promotes efficient processing of transactions requiring specific authorisations. However, there are restrictions on its use as referred to in the Electronic Approval Policy. Whilst improving efficiency in transaction processing is one of the advantages of using of electronic approval, there is a need to consider and manage the risks in accordance with the Department’s Risk appetite statement for Department of Health risks.

This guideline will assist in determining:

• Whether the use of electronic approvals is appropriate for the purpose of the transaction,

• How to assess and determine the appropriate method of electronic approval to be used,

• How to gain appropriate resolution if there is any uncertainty after applying this guideline to the specific example.

2. Scope This guideline supports the Electronic Approval Policy and provides guidance in the practical business application of electronic approvals to:

• all Department employees (permanent, temporary and casual)

• all entities and individuals acting as agents for the Department, including contractors and consultants

• students within the Department.

3. Requirements To support best practice, there are a number of criteria to assist in determining whether to use electronic approval in lieu of a wet signature, as specified in the Electronic Transactions (Queensland) Act 2001 (ETA), including:

• that the ‘signature’ identifies the originator, and indicates their intention to conduct business through electronic approval methods (e.g. providing approval via an electronic form)

• using an electronic approval method that is appropriate and reliable for the specific intended purpose

• that the person receiving the document consents to conducting business through electronic approval methods.

When applying the criteria for the use of electronic approvals, other elements of the transaction and business process that need to be considered include, but are not limited to:

• the risk inherent in the transaction and business process

Electronic Approval Department of Health Guideline

QH-GDL-449-1:2017

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• the type of electronic approval that would be appropriate for the transaction:

o does it meet legislative criteria? (Refer Appendix 1 - E-SIGNATURES – WHEN ARE THEY VALID?)

o is it acceptable to the Department and the recipient of the electronic approval?

• ensuring there is approval or endorsement by the Application/data Custodian of the change to the application, transaction and/or business processes.

3.1 Determine whether the use of electronic approval is appropriate 3.1.1 Prior to implementation of an electronic approval capability, transaction or process, it is

recommended that a business unit perform an e-Approval Impact assessment. Refer to Electronic Approval Impact Assessment Checklist.

3.1.2 The assessment should identify and assess known common and known threats and vulnerabilities relating to the transactions to be electronically approved, including any rated risks in the use of electronic approvals, and the controls currently in place that control such risks.

3.1.3 All serious or ongoing issues identified during the assessment should be reported to the Senior Responsible Officer (SRO) with responsibility and / or oversight for the area relevant to the identified issue. The SRO should make further inquiries with subject matter experts, in order to obtain advice regarding how to proceed with a corrective action plan, which is to be completed prior to any electronic approval transaction or business process being undertaken.

3.1.4 All new applications and changes to existing systems must have technical and security assessment and will occur through the technical Change Approval Board sponsored by eHealth Queensland.

3.1.5 All risks identified (inherent/residual) are to be managed in accordance with the Department’s Risk Management Framework.

3.2 Select the method of electronic approval to be used Based on the outcome of the risk assessment, the appropriate type of electronic approval should be selected. The methods of electronic approval currently available to the Department include:

3.2.1 Digital signatures – use encryption technology (Public Key Infrastructure or PKI) to digitally sign and authenticate a document. This will be suitable for high-risk transactions and transactions at a lower risk.

3.2.2 Online forms – any form that does not require hardcopy for completion (such as Adobe PDF forms). Online forms include, for example: workflow approvals in applications, such as leave approvals in a self-service HR system. This will be suitable for medium risk transactions and transactions at a lower risk.

3.2.3 Picture signatures – are usually a scan of a handwritten signature inserted as an image; or a signature block, for example the signature block of an email. This may be suitable for communication, but should not be used as an approval method. A factsheet has been developed by eHealth Queensland on the use of email for approvals. http://qheps.health.qld.gov.au/infosecurityandrisk/docs/factsheets/fs-emailapprovals.pdf

3.3 Who approves the use of an electronic approval 3.3.1 The establishment of an electronic approval capability needs to be authorised by the

appropriate custodian or management delegate. The Application/Data Custodian or management delegate is responsible for ensuring

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that the proposed electronic approval method meets the requirements of the policy.

3.4 Recordkeeping requirements and electronic approval 3.4.1 Special consideration needs to be given to electronic and technology-dependant

records to ensure they are managed as full and accurate records[2]. Queensland Government legislative compliance requirements determine how records are to be managed. This includes both digitally born records and records originating from paper and subsequently converted to digital format and stored digitally. The Department is currently developing a Digitisation Policy for future use.

3.4.2 The Queensland Government has developed a Digitisation Disposal Policy which outlines the conditions that apply to original paper records that have been digitised. https://www.qld.gov.au/gov/digitise-and-dispose-records

3.4.3 The Department’s Recordkeeping Policy, Standards and Guidelines detail how record keeping processes need to occur in the Department, regardless of the format (hard or electronic copy). http://qheps.health.qld.gov.au/srmt/policy/policy.htm

3.4.4 For eDRMS – please see: http://qheps.health.qld.gov.au/srmt/systems/edrms/edrms-home.htm

3.4.5 As records are created in the eDRMS, they are applied a retention period from an approved Retention and Disposal Schedule.

3.5 Obtain appropriate advice, if required 3.5.1 The following business units may be able to provide advice on any queries relating to

the use electronic approvals: • Audit, Risk and Governance

Risk [email protected] Fraud control [email protected] Legislation compliance [email protected] Internal audit [email protected]

• Legal Services Unit [email protected] • Records and Information Management [email protected] • eHealth Cyber Security eHealth Queensland [email protected] • Privacy and Right to Information Unit [email protected] • Digital Policy, Digital Governance Unit [email protected]

4. Legislation Act Interpretation Act 1954 Electronic Transactions (Queensland) Act 2001 Evidence Act 1977 Financial Accountability Act 2009 Financial Performance & Management Standard 2009

Public Records Act 2002

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5. Supporting documents Queensland Government:

• QGCIO Digital Signatures Guideline • Code of Conduct for the Queensland Public Service • General Retention and Disposal Schedule for Administrative Records • Information Standard 18: Information Security (IS18) • Information Standard 31: Retention and disposal of public records • Information Standard 34: Metadata • Information standard 40: Recordkeeping • Queensland Government Information Security Classification Framework (QGISCF) • Queensland Government Information Security Controls Standard (QGISCS)

Department of Health

Electronic Approval Policy Electronic approval Impact Assessment Checklist Data Management Policy Delegations Framework Information Security Policy Information Security Standard Information Security User Responsibilities Standard Privacy Impact Assessment Recordkeeping Policy Risk Management Framework Use of ICT Services Policy Use of ICT Services Standard Workplace conduct and ethics HR Policy E1 E-SIGNATURES – WHEN ARE THEY VALID? (Appendix 1)

6. Definitions Term Definition Application Custodian A position designated with accountability for the development,

management, care and maintenance of an Application. For more information refer to the Queensland Health Data and Application custodianship - Roles and Responsibilities. http://qheps.health.qld.gov.au/clinical_info_mgt/docs/custodianship-roles.pdf

Approved electronic approval method

An approved method in accordance with applicable state and federal laws, and which specifies:

o the form of the electronic approval o the systems and procedures used with the electronic

approval o the significance of the use of the electronic approval.

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Term Definition Authentication A process that verifies the claimed identity of an individual, as

established by an identification process. Note: Authentication is the process used to verify the identity of a staff member providing an electronic approval.

Certificate An electronic document used to identify an individual, server, company, or another entity, to associate that identity with a public key. A certificate provides generally recognised proof of an entity’s identity.

Confidentiality and Privacy Ensuring that information is accessible only to those authorised for the relevant transaction, and is protected from unauthorised disclosure or intelligible interception. In addition, any information shared in electronic communication must comply with confidentiality and privacy laws Confidential Information means:

• any information which by its nature is confidential, is received on the understanding that it is confidential, or is marked as being confidential; and

• ‘confidential information’ defined in health portfolio legislation • administered by the Queensland Minister for Health and • Minister for Ambulance Services through Administrative

Arrangements Orders issued under the Constitution of Queensland 2001 (Qld). This includes ‘confidential information’ as defined in s.139 of the Hospital and Health Boards Act 2011, namely, information that may identify a person (living or deceased) who has, at any time, received a public sector health service.

Personal Information: has the same meaning as in s.12 of the Information Privacy Act 2009, namely, information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Consent Consent includes consent that can reasonably be inferred from the conduct of the person concerned, but does not include consent given subject to conditions unless the conditions are complied with.

Cryptography Embodies principle, means and methods for the transformation of data in order to hide its information content, prevent its undetected modification and/or its unauthorised use.

Data The representation of facts, concepts or instructions in a formalised (consistent and agreed) manner suitable for communication, interpretation or processing by human or automatic means. Typically comprised of numbers, words or images. The format and presentation of data may vary with the context in which it is used. Data is not information until it is utilised in a particular context for a particular purpose. Examples include; coordinates of a particular survey point; drivers licence number; population of Queensland; official picture of a Minister in jpeg format.

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Term Definition Digital signature Electronic signature which uses encryption and decryption

technology alongside a Public Key Infrastructure (PKI). Data appended to, or a cryptographic transformation (see cryptography) of a data unit that allows a recipient of the data unit to prove the source and integrity of the data unit and protect against forgery e.g. by the recipient. Not just a digitised image of someone's signature

Document(s) Schedule 1 of the Acts Interpretation Act 1954 (Qld), defines a ‘document’ as including: (a) any paper or other material on which there is writing; and (b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; and (c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being produced or reproduced (with or without the aid of another article or device).

Electronic Relates to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

Electronic approval The approval and/or signing process using an electronic signature that occurs online, enabling individuals to authorise, sign and approve documents and transactions.

Electronic communication Electronic communication means: (a) a communication of information in the form of data, text or images by guided or unguided electromagnetic energy; or (b) a communication of information in the form of sound by guided or unguided electromagnetic energy, if the sound is processed at its destination by an automated voice recognition system.

Electronic document Documents created, communicated and maintained by means of electronic equipment.

Electronic Document and Records Management System (eDRMS)

An automated system designed to manage semi-structured or unstructured content including text, images, and video content. A subset of the documents managed in an eDRMS can be declared to be records. The eDRMS manages these records using a rigorous set of business rules, which are intended to preserve the context, authenticity and integrity of the records.

Electronic record Any record created, communicated and maintained by means of electronic equipment.

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Term Definition Electronic Signature An electronic sound, symbol, or process, attached to or logically

associated with an electronic record and executed or adopted by a person with the intent to sign the record. An electronic signature must be attributable (or traceable) to a person who has the intent and authority to sign the record with the use of adequate security and authentication measures that are contained in the method of capturing the electronic transaction (e.g. use of a personal identification number (PIN) or unique log-in username and password), and the recipient of the transaction must be able to permanently retain an electronic record of the transaction at the time of receipt. Examples can include a digitised image of a handwritten signature, a code or PIN, and a mouse click on an “I accept” or “I approve” button.

Electronic transaction A transaction conducted or performed, in whole or in part, by electronic means or electronic records.

Non-repudiation The assurance that someone cannot deny something. Typically, non-repudiation refers to the ability to ensure that a party to a contract or a communication cannot deny the authenticity of their signature on a document or the sending of a message that they originated.

Principles Key statements or concepts that guide all actions/practices within the purpose of the policy.

Private Key An encryption/decryption key known only to the party or parties that exchange messages. In traditional private key cryptography, a key is shared by the parties so that each can encrypt and decrypt messages.

Public Key A value provided by a designated authority as a key that, combined with a private key derived from the public key, can be used to effectively encrypt messages and digital signatures.

Public Key Infrastructure (PKI) A form of information encryption that uses certificates to prevent individuals from impersonating those who are authorised to electronically sign an electronic document.

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Term Definition Record(s) A record is recorded information in any form, including data in

computer systems created or received and maintained by an organisation or person in the transaction of business or the conduct of affairs and kept as evidence of such activity. (Aust. Standard AS4390) Records are information objects that document business activities and transactions. To be regarded as evidence a record must be complete. Record means: recorded information created or received by an entity in the transaction of business or the conduct of affairs that provides evidence of the business or affairs and includes— (a) anything on which there is writing; or (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons, including persons qualified to interpret them; or (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or (d) a map, plan, drawing or photograph.

Scanned signature A digital copy of a signature (converted to an electronic image file) derived from an original hand-written version.

Transaction The smallest unit of business activity. Processes resulting from undertaking a piece of business or the relationship between or within Public Authorities, between people or between a Public Authority and a person are all transactions. Transaction includes: (a) any transaction in the nature of a contract, agreement or other arrangement; and (b) any statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract, agreement or other arrangement; and (c) any transaction of a non-commercial nature.

Version Control Version Date Comments 1.0 5 July 2017 Approved CE eHealth Queensland

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Appendix 1

E-SIGNATURES – WHEN ARE THEY VALID? Summary Generally, there are two reasons why an electronic signature (‘e-signature’) may not be sufficient to satisfy a legislative requirement that a communication be ‘in writing’. A handwritten signature is necessary if:

1. a signature is required in a transaction, requirement, permission or electronic communication that is specified in Schedule 1 of the Electronic Transactions Act 2001 (Qld) (‘ETA’) (see attachment 1); or

2. a handwritten signature is specifically required by legislation.

Overview A transaction is not invalid merely because it took place wholly or partly by electronic communication. What satisfies a statutory requirement for writing and a signature is a matter of statutory interpretation. The term ‘writing’ has been interpreted broadly to include any mode of representing or reproducing words in a visible form. An email or a document in some other electronic format, such as a pdf, can satisfy the requirements for writing. Similarly, ‘sign’ has been held to mean “affixing in some way, whether by writing with pen or pencil or by otherwise impressing upon a document, one’s name or ‘signature’ so as to personally authenticate the document’. The court has held that a name typed in an email can be sufficient. However, there are some legislative exceptions to this rule. The most common exceptions include:

• signing a will; • signing an enduring Power of Attorney; • witnessing a document. There are practical issues to overcome if electronic witnessing is to be as effective for this purpose as manual witnessing; • lodging a court document; or • meeting the requirements of personal service of a document. Schedule 1 of the ETA provides a full list of exceptions (see attachment 1).

For further information please contact Legal Services Unit [email protected]

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Attachment 1 RELEVANT PROVISIONS OF THE ETA

Legislation Restriction on e-signatures Application/Commentary Electronic Transactions (Queensland) Act 2001

S 4 Simplified outline

(1) The following is a simplified outline of this Act—

(a) a transaction is not invalid under a State law merely because it took place by 1 or more electronic communications;

(b) the following requirements imposed under a State law can generally be met in electronic form—

(i) a requirement to give information in writing;

(ii) a requirement to provide a signature;

(iii) a requirement to produce a document;

(iv) a requirement to record information;

(v) a requirement to keep a document;

(c) for a State law, provision is made for determining the time and place of the dispatch and receipt of an electronic communication;

(d) the purported originator of an electronic communication is bound by it under a State law only if the communication was sent by the purported originator or with the purported originator’s authority.

7A Act does not apply to particular transactions etc.

(1) This Act does not apply to a transaction, requirement, permission, electronic communication or other matter of a kind mentioned in schedule 1.

ELECTRONIC TRANSACTIONS (QUEENSLAND) ACT 2001 - SCHEDULE 1

EXCLUDED TRANSACTIONS

1 A requirement or permission for a person to file a document with a court or tribunal for a proceeding.

2 A requirement or permission for a person to sign a document to be filed with a

This Act provides a regulatory framework which facilitates the use of e-commerce, recognising the importance of promoting business and community confidence in the use of electronic transactions.

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court or tribunal for a proceeding.

3 A requirement or permission for a person to produce a document—

(a) to a court or tribunal in a proceeding; or

(b) to a party to a proceeding for the proceeding.

4 A requirement or permission for a person to retain a document that has been—

(a) filed with, or produced to, a court or tribunal in a proceeding; or

(b) admitted in evidence in a proceeding before a court or tribunal; or

(c) issued by a court or tribunal for a proceeding.

5 A requirement or permission for a document to be served personally or by post.

6 A requirement or permission for a document to be attested, authenticated, verified or witnessed by a person other than the author of the document.

7 An authorisation under the Trust Accounts Act 1973.

8 transactions on a regulated exchange

9 foreign exchange transactions

10 inter-bank payment systems, agreements or clearance and settlement systems relating to securities or other financial assets or instruments

11 the transfer of security rights in the sale, loan or holding of or agreement to repurchase securities or other financial assets or instruments held with an intermediary

12 bills of exchange

13 promissory notes

14 consignment notes

15 bills of lading

16 warehouse receipts

17 any transferable document or other instrument that entitles the bearer or

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beneficiary to claim the delivery of goods or payment of a sum of money

S 11 Requirement to give information in writing

(1) If, under a State law, a person is required to give information in writing, the requirement is taken to have been met if the person gives the information by an electronic communication in the circumstances stated in subsection (2).

(2) The circumstances are that—

(a) at the time the information was given, it was reasonable to expect the information would be readily accessible so as to be useable for subsequent reference; and

(b) the person to whom the information is required to be given consents to the information being given by an electronic communication.

S 14 Requirement for signature

(1) If, under a State law, a person’s signature is required, the requirement is taken to have been met for an electronic communication if—

(a) a method is used to identify the person and to indicate the person’s intention in relation to the information communicated; and

(b) the method used was either—

(i) as reliable as appropriate for the purposes for which the electronic communication was generated or communicated, having regard to all the circumstances, including any relevant agreement; or (ii) proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence; and

(c) the person to whom the signature is required to be given consents to the requirement being met by using the method mentioned in paragraph (a).

(2) The reference in subsection (1) to a law that requires a signature includes a reference to a law that provides consequences for the absence of a signature.

S 16 Requirement to produce document

(1) If, under a State law, a person is required to produce a document that is in the

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form of paper, an article or other material, the requirement is taken to have been met if the

person produces, by an electronic communication, an electronic form of the document in the circumstances stated in subsection (2).

(2) The circumstances are that—

(a) having regard to all the relevant circumstances when the communication was sent, the method of generating the electronic form of the document provided a reliable way of maintaining the integrity of the information contained in the document; and

(b) when the communication was sent, it was reasonable to expect the information contained in the electronic form of the document would be readily accessible so as to be useable for subsequent reference; and

(c) the person to whom the document is required to be produced consents to the production, by an electronic communication, of an electronic form of the document.

(3) For subsection (2)(a), the integrity of information contained in a document is maintained only if the information has remained complete and unaltered, apart from—

(a) the addition of any endorsement; or

(b) any immaterial change; arising in the normal course of communication, storage or display.

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LEGISLATIVE RESTRICTIONS ON E-SIGNATURES

The tables below outline specific legislative exceptions to the general rule that e-signatures will be effective. This is not a conclusive search of all legislation, only those statues that are most likely to affect Queensland Health have been considered.

Heath Portfolio Legislation Legislation Restriction on e-signatures Application/Commentary

Food Act None found N/a Health Act 1937

Health Regulation 1996 Health (Drugs And Poisons) Regulation 1996

Health (Drugs And Poisons) Regulation 1996 S 79 (5) - All particulars on a paper prescription (other than the prescriber’s name, professional qualifications and address) must be handwritten. Part 2 Controlled drugs S 5 System messages The computer program must generate a message that tells the prescriber that the prescriber must write the particulars mentioned in section 79(4)(e) to (n) on the prescription form in ink. S 8 References to entering details, signing or dating entries etc. (1) This section applies if a person is required to—

(a) enter details in a document, including writing a prescription; or (b) sign or date an entry; or (c) otherwise write on a document.

(2) The person must write— (a) in ink; and (b) in a way that the entry or other matter is legible, except the person’s signature.

(3) This section does not apply to a person when the person uses a computer to keep records or make an electronic prescription.

This provision specifically requires writing in ink. See s 79(4) for a list of particulars that must be handwritten.

Hospital and Health Boards Act 2011

Hospital and Health Boards

S 217 Application for warrant (1) An inspector may apply to a magistrate for a warrant for a place. (2) The inspector must prepare a written application that states the grounds on which the warrant is sought.

S 7A, Schedule 1 Excluded transactions Item 3 (court document exception).

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Regulation 2012

(3) The written application must be sworn. (4) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Mater Public Health Services Act 2008

None found N/a

Mental Health Act 2000 Mental Health Regulation 2002

Mental Health Act 2016 (passed 18/2/2016) – proclamation date yet to be determined

None found N/a

Pharmacy Business Ownership Act 2001

None found N/a

Private Health Facilities Act 1999 Private Health Facilities Regulation 2000 Private Health Facilities (Standards) Notice 2000

None found N/a

Public Health Act 2005 Public Health Regulation 2005

S 136 Warrant for apprehension (1) This section applies if a person who is subject to an initial examination order or a detention order—

(a) absconds while being taken to the place where the person is to be detained under the order; or (b) absconds from the place where the person is being detained under the order; or (c) absconds from another place before being taken to the place where the person is to be detained under the order.

(2) An authorised person may apply to a magistrate for a warrant for apprehension of the person. (3) The authorised person must prepare a written application that states the

S 7A, Schedule 1 Excluded transactions Item 3 (court document exception).

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grounds on which the warrant is sought. (4) The written application must be sworn. S 138 Application by electronic communication and duplicate Warrant (exception to s 136) (1) An application under section 136 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—

(a) urgent circumstances; or (b) other special circumstances, including, for example, the authorised person’s remote location.

S 394 Application for warrant (1) An authorised person may apply to a magistrate for a warrant for a place. (2) The authorised person must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn. S 396 Application by electronic communication and duplicate Warrant (exception to s 394) (1) An application under section 394 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—

(a) urgent circumstances; or (b) other special circumstances, including, for example, the authorised person’s remote location.

Public Health (Infection Control for Personal Appearance Services) Act 2003

Public Health (Infection Control for Personal Appearance Services) Regulation 2003 Public Health (Infection

None found

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Control for Personal Appearance Services) (Infection Control Guideline) Notice 2013

Radiation Safety Act 1999 Radiation Safety Regulation 2010 Radiation Safety (Radiation Safety Standards) Notice 2010

S 113 Application for warrant (1) An inspector may apply to a magistrate for a warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. S 115 Special warrants (exception to s 113) (1) An inspector may apply for a warrant (a special warrant) by phone, fax, radio or another form of communication if the inspector considers it necessary because of—

(a) urgent circumstances; or (b) other special circumstances, including, for example, the inspector’s remote location.

S 7A, Schedule 1 Excluded transactions Item 3 (court document exception).

Tobacco and Other Smoking Products Act 1998

Tobacco and Other Smoking Products Regulation 2010

S 36 Warrants (1) An authorised person may apply to a magistrate for a warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. S 36A Special warrants (1) An authorised person may apply for a warrant (a special warrant) by phone, fax, radio or another form of communication if the authorised person considers it necessary because of—

(a) urgent circumstances; or (b) other special circumstances, including, for example, the authorised person’s remote location.

(2) Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. (3) The authorised person may apply for the warrant before the application

S 7A, Schedule 1 Excluded transactions Item 3 (court document exception).

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is sworn. (4) After issuing the warrant, the magistrate must immediately fax a copy to the authorised person if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy to the authorised person—

(a) the magistrate must tell the authorised person— (i) what the terms of the warrant are; and (ii) the date and time the warrant was issued; and

(b) the authorised person must complete a form of warrant (a warrant form) and write on it—

(i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the terms of the warrant.

(6) The facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.

Transplantation and Anatomy Act 1979

Transplantation and Anatomy Regulation 2004

S 10 Consent by adult living donor to removal of regenerative tissue A person who— (a) has attained the age of 18 years; and (b) is of sound mind; and (c) is, in the light of medical advice furnished by a medical practitioner, prepared to do so; may, by writing signed in the presence of a designated officer, consent to the removal from his or her body of regenerative tissue specified in the consent— (d) for the purpose of the transplantation of the tissue to the body of another living person; or (e) for the purpose of using the tissue for other therapeutic purposes or for other medical or scientific purposes; or for any such purposes. S 11 Consent by adult living donor to removal of non-regenerative tissue for transplantation (1) A person who—

(a) has attained the age of 18 years; and

S 7A, Schedule 1 Excluded transactions Item 6 (witnessing exception).

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(b) is of sound mind; and (c) is, in the light of medical advice furnished by a medical practitioner, prepared to do so; may, by writing signed in the presence of a designated officer, consent to the removal, after the expiration of 24 hours from the time at which the consent is signed, from his or her body of non-regenerative tissue specified in the consent, for the purpose of the transplantation of the tissue to the body of another living person.

S 12 Designated officer to give certificate in relation to consent The designated officer in whose presence a consent is given under this division shall certify in writing— (a) that the consent in writing of the person giving the consent, the terms of which are set out in the certificate, was given in the designated officer’s presence; … S 12B Consent by parent to removal of regenerative tissue for transplantation A person who— (a) is a parent of a child; and (b) is of sound mind; and (c) is, in the light of medical advice furnished by a medical practitioner, prepared to do so; may, by writing signed in the presence of a designated officer, consent to the removal from the body of the child of regenerative tissue specified in the consent, for the purpose of the transplantation of the tissue to the body of a brother, sister or parent of the child. S 12C Certificate of agreement by a child who is capable of understanding A medical practitioner may, by writing signed in the presence of a designated officer, certify that at the time of the certification S 12E Designated officer to give certificate The designated officer in whose presence a consent and certificate or, as the

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case may be, certificates is or are given under this division shall certify in writing— (a) that the consent in writing of the person giving the consent, the terms of which are set out in the certificate, was given in the designated officer’s presence; S 33 Provisions applicable where deceased consents to retention of his or her body for anatomy Where a person, during his or her lifetime, by writing attested by 2 witnesses at the least, has consented to the retention after the person’s death of his or her body for any of the purposes referred to in section 31(1) and the consent had not been revoked by the person, the retention of the body of the deceased person in accordance with the consent is hereby authorised.

Water Fluoridation Act 2008 Water Fluoridation Regulation 2008

S 35 Application for warrant (1) An authorised person may apply to a magistrate for a warrant for a place. (2) The authorised person must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn. (4) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. S 37 Application by electronic communication and duplicate warrant (1) An application under section 35 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—

(a) urgent circumstances; or (b) other special circumstances, including, for example, the authorised person’s remote location.

(2) The application— (a) may not be made before the authorised person prepares the written application under section 35(2); but (b) may be made before the written application is sworn.

S 7A, Schedule 1 Excluded transactions Item 3 (court document exception).

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(4) After the magistrate issues the original warrant— (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or (b) otherwise—

(i) the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and (ii) the authorised person must complete a form of warrant including by writing on it—

(A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.

(5) The copy of the warrant mentioned in subsection (4)(a), or the form of warrant completed under subsection (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant. (6) The authorised person must, at the first reasonable opportunity, send to the magistrate—

(a) the written application complying with section 35(2) and (3); and (b) if the authorised person completed a form of warrant under subsection (4)(b)—the completed form of warrant.

Health Ombudsman Act 2013 Health Ombudsman Regulation 2014

S 202 Application for warrant (1) An authorised person may apply to a magistrate for a warrant for a place. (2) The authorised person must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn. S 204 Electronic application (exception to s 202) (1) An application under section 202 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the

S 7A, Schedule 1 Excluded transactions Item 3 (court document exception).

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authorised person reasonably considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the authorised person’s remote location.

Health Practitioner Regulation National Law Act 2009

Health Practitioner Regulation National Law (Queensland) Health Practitioner Regulation National Law Regulation

Schedule 5 – investigators Part 1 Power to obtain information S 1 Powers of investigators For the purposes of conducting an investigation, an investigator may, by written notice given to a person, require the person to— (a) give stated information to the investigator within a stated reasonable time and in a stated reasonable way; or (b) attend before the investigator at a stated time and a stated place to answer questions or produce documents. Schedule 6 inspectors Part 1 Power to obtain information S 1 Powers of inspectors (1) This clause applies if an inspector reasonably believes—

(a) an offence against this Law has been committed; and (b) a person may be able to give information about the offence.

(2) The inspector may, by written notice given to a person, require the person to—

(a) give stated information to the inspector within a stated reasonable time and in a stated reasonable way; or (b) attend before the inspector at a stated time and a stated place to answer questions or produce documents.

Schedule 5, Part 2 S 5 Application for warrant S (1) An investigator may apply to a magistrate of a participating jurisdiction for a warrant for a place. (2) The investigator must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn. (4) The magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires

S 7A, Schedule 1 Excluded transactions Item 3 (court document exception).

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about the application in the way the magistrate requires. Schedule 6, Part 2 S 5 Application for warrant (1) An inspector may apply to a magistrate of a participating jurisdiction for a warrant for a place. (2) The inspector must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn. (4) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Hospitals Foundations Act 1982 Hospitals Foundations Regulation 2015

None found N/a

Queensland Institute of Medical Research Act 1945

None found N/a

Queensland Mental Health Commission Act 2013

None found N/a

Pest Management Act 2001 Pest Management Regulation 2003

None found

N/a

Non health portfolio state legislation

Legislation Restriction on e-signatures Application/Commentary Succession Act 1981 (Qld) S 10 How a will must be executed

(1) This section sets out the way a will must be executed. (2) A will must be—

(a) in writing; and (b) signed by—

(i) the testator; or (ii) someone else, in the presence of and at the direction of

S 7A, Schedule 1 Excluded transactions Item 6 (witnessing exception).

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the testator. Powers of Attorney Act 1998 (Qld) S 12 Execution of powers of attorney

(1) This section does not apply to a power of attorney created by and contained in another instrument, for example, a mortgage or lease, that is signed by, or by direction of, the principal. (2) An instrument creating a power of attorney must be signed by, or by direction and in the presence of, the principal.

S 7A, Schedule 1 Excluded transactions Item 6 (witnessing exception).

Property Law Act 1974 (Qld) S 46 Execution of instruments by or on behalf of corporations (1) In favour of a purchaser a deed shall be deemed to have been duly executed by a corporation aggregate if its seal be affixed to the deed in the presence of and attested by its clerk, secretary or other permanent officer or his or her deputy, and a member of the board of directors, council or other governing body of the corporation, and where a seal purporting to be the seal of a corporation has been affixed to a deed, attested by persons purporting to be persons holding such offices, the deed shall, subject to section 47, be deemed to have been executed under the requirements of this section, and to have taken effect accordingly. (2) The board of directors, council or other governing body of a corporation aggregate may, by resolution or otherwise, appoint an agent either generally or in any particular case, to execute on behalf of the corporation any agreement or other instrument not under seal in relation to any matter within the powers of the corporation. (3) Where a person is authorised under a power of attorney or under any statutory or other power to convey any interest in property in the name or on behalf of a corporation sole or aggregate, the person may as attorney execute the conveyance by signing the person’s name in such a way as to show that the person does so as attorney of the corporation in the presence of at least 1 witness, and in the case of a deed by executing the same under section 45, and such execution shall take effect and be valid in like manner as if the corporation had executed the conveyance.

S 7A, Schedule 1 Excluded transactions Item 6 (witnessing exception).

Land Titles Act 1994 (Qld) S 161 Execution and proof (1) For a corporation, an instrument is validly executed if—

(a) it is executed in a way permitted by law; or

S 7A, Schedule 1 Excluded transactions Item 6 (witnessing exception).

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(b) the instrument is sealed with the corporation’s seal in accordance with the Property Law Act 1974, section 46.

(2) For an individual, an instrument is validly executed if— (a) it is executed in a way permitted by law; and (b) the execution is witnessed by a person mentioned in schedule 1.

Witness Protection Act 2000 (Qld) S 7 Protection agreement (1) If the chairperson decides to include a person in the program, the chairperson must prepare an agreement (protection agreement) about the person’s inclusion in the program. (2) The person must sign the protection agreement in the presence of a witness protection officer.

S 7A, Schedule 1 Excluded transactions Item 6 (witnessing exception).

Ambulance Act None found N/a Mental Health Review Tribunal Rule 2009

None found N/a

Anti-Discrimination Act 1991 None found N/a

Auditor-General Act 2009 Auditor-General Regulation 2009

None found N/a

Building Act 1975 Building Fire Safety Regulation 2008 Building Regulation 2006

S 246CT Power to enter and inspect pool site relating to complaint or audit (1) For investigating a complaint or conducting an audit, an investigator may enter and inspect a pool site to which the complaint or audit relates. (2) The entry and inspection must be—

(a) made with the consent of the person in control, or who appears to the investigator to be in control, of the pool site; or (b) authorised by warrant of a magistrate.

(3) For the purpose of asking the person in control of the pool site for consent to enter, the investigator may, without the person’s consent or a warrant, enter the pool site to the extent that is reasonable to contact the person. (4) An investigator may apply to a magistrate for a warrant under this section for a particular pool site.

S 7A, Schedule 1 Excluded transactions Item 3 (court document exception). S 7A, Schedule 1 Excluded transactions Item 3 (court document exception).

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S 246CP Queensland Building and Construction Commission commissioner may require documents to be produced (1) For investigating a complaint or conducting an audit, the QBCC commissioner may, by notice given to a pool safety inspector, require the pool safety inspector to produce a document to the commissioner or a person authorised by the commissioner (an investigator). (2) The notice may also state—

(a) a time and place by which the document must be produced; or (b) that the document must be verified by statutory declaration.

(3) The time for compliance stated in the notice must be a reasonable time. (4) The pool safety inspector must comply with the not S 195 QBCC may require documents to be produced (1) For investigating a complaint or conducting an audit, QBCC may, by notice given to a building certifier, require the building certifier to produce a document to QBCC, or a person authorised by QBCC (an auditor). (2) The notice may also state—

(a) a time and place by which the document must be produced; or (b) that the document must be verified by statutory declaration.

(3) The time for compliance stated in the notice must be a reasonable time. (4) The building certifier must comply with the notice, unless the building certifier has a reasonable excuse.

S 7A, Schedule 1 Excluded transactions Item 3 (court document exception).

Building and Construction Industry Payments Act 2004 Building and Construction Industry Payments Regulation 2004

None found N/a

Coroners Act 2003 Coroners Regulation 2015

None found

N/a

Crime and Corruption Act 2001 Crime and Corruption

None found N/a

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Regulation 2005

Disaster Management Act 2003 Disaster Management Regulation 2014

None found N/a

Education and Care Services Act 2013

S 149 Application for warrant (1) An authorised officer may apply to a magistrate for a warrant for a place. (2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn. (4) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

S 7A, Schedule 1 Excluded transactions Items 1, 2, and 3 (court document exception).

Electrical Safety Act 2002 Electricity Safety (Codes of Practice) Notice 2013 Electrical Safety Regulation 2013

S 139 Search warrants (1) An inspector may apply to a magistrate for a search warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

S 7A, Schedule 1 Excluded transactions Items 1, 2, and 3 (court document exception).

Environmental Protection Act 1994 Environmental Protection (Air) Policy 2008 Environmental (Noise) Policy 2008 Environmental Protection Regulation 2008 Environmental Protection (Water) Policy 2009

S 456 Warrants (1) An authorised person may apply to a magistrate for a warrant for a place. (2) An application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires

S 7A, Schedule 1 Excluded transactions Items 1, 2, and 3 (court document exception).

Financial Accountability Act 2009 Financial Accountability Regulation 2009 Financial and Performance

None found N/a

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Management Standard 2009

Fire and Emergency Services Act 1990

Building Fire Safety Regulation 2008 Fire and Emergency Services Regulation 2011

None found N/a

Information Privacy Act 2009 Information Privacy Regulation 2009

S 116 Requiring information, documents and attendance (1) If the information commissioner has reason to believe that a person has information or a document relevant to an external review, the commissioner may give to the person a written notice requiring the person—

(a) to give the information to the commissioner in writing signed by the person or, in the case of a corporation, by an officer of the corporation; or (b) to produce the document to the commissioner.

S 7A, Schedule 1 Excluded transactions Item 3 (court document exception).

Major Events Act 2014 Major Events (Motor Racing Events) Regulation 2015

None found N/a

Plumbing and Drainage Act 2002 Plumbing and Drainage Regulation 2003 Standard Plumbing and Drainage Regulation 2003

S 33K Application for warrant (1) An investigator may apply to a magistrate for a warrant for a place. (2) The investigator must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn. S 33M Application by electronic communication and duplicate Warrant (exception to s 33K) (1) An application under section 33K may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the investigator considers it necessary because of—

(a) urgent circumstances; or (b) other special circumstances, including, for example, the investigator’s remote location.

Standard Plumbing and Drainage Regulation 2003 S 15 Certificates for plan given by competent person

S 7A, Schedule 1 Excluded transactions Item 3 (court document exception).

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(1) This section applies if a plan for compliance assessable work includes a part of the work that the chief executive officer of the local government decides is outside the local government’s expertise to assess. (2) The local government may accept certification of the plan and associated documents by a competent person. (3) The competent person may certify for a plan that plumbing or drainage to which certified documentation relates will, if installed or carried out in accordance with the certified documentation, comply with this regulation. (4) The name and original signature of the competent person must be on the certified documentation. (5) If the certified documentation is prepared on behalf of a corporation or other entity, the name of the corporation or entity must also be on the certified documentation. (6) The competent person must personally sign a certificate supporting the certified documentation. (7) If the competent person would be required to be licensed for performing the part of the work mentioned in subsection (1), the person’s registration or licence number must be on the certificate.

Public Interest Disclosure Act 2010 None found N/a

Public Records Act 2002 Public Records Regulation 2014

None found N/a

Public Sector Ethics Act 1994 Public Sector Ethics Regulation 2010

None found N/a

Public Service Act 2008 Public Service Regulation 2008

None found N/a

Right to Information Act 2009 Right to Information Regulation 2009

Right to Information Regulation 2009 s 24(5) definition evidence of identity (1) For section 24(5) of the Act, the evidence of identity prescribed for a person is a document verifying the person’s identity, including, for example—

S 7A, Schedule 1 Excluded transactions Item 6 (witnessing exception).

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(a) a passport; or (b) a copy of a certificate or extract from a register of births; or (c) a driver licence; or (d) a statutory declaration from an individual who has known the person for at least 1 year; or (e) if the person is a prisoner within the meaning of the Corrective Services Act 2006—a copy of the person’s identity card from the department administering that Act that is certified by a corrective services officer within the meaning of that Act.

(2) If a document under this section, other than a document mentioned in subsection (1)(e), is a photocopy of an original document, the document must be certified by a qualified witness as being a correct copy of the original document. (3) In this section— qualified witness means—

(a) a lawyer or notary public; or (b) a commissioner for declarations; or (c) a justice of the peace.

Waste Reduction and Recycling Act 2011

Waste Reduction and Recycling Regulation 2011

S 197 Application for warrant (1) An authorised person may apply to a magistrate for a warrant for a place. (2) The authorised person must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn.

S 7A, Schedule 1 Excluded transactions Item 3 (court document exception).

Workers’ Compensation and Rehabilitation Act 2003

Workers’ Compensation and Rehabilitation Regulation 2014

S 275 Notice of claim for damages (1) Before starting a proceeding in a court for damages, a claimant must give notice under this section within the period mentioned in section 302(1). (7) The notice must be accompanied by the claimant’s written authority allowing the insurer to obtain information, including copies of documents relevant to the claim, and in the possession of—

(a) a hospital; or (b) the ambulance service of the State or another State; or (c) a doctor, provider of treatment or rehabilitation services or person qualified to assess cognitive, functional or vocational capacity; or

S 275 – S 7A, Schedule 1 Excluded transactions Item 3 (court document exception). S 276 – S 7A, Schedule 1 Excluded transactions Item 3 (court document exception). S 293 – s 7A, Schedule 1 Excluded transactions Item 2 (court document exception). S 421 – s 7A, Schedule 1 Excluded transactions Items 2 and 3 (court

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(d) the employer or a previous employer; or (e) persons that carry on the business of providing workers’ compensation insurance, compulsory third party insurance, personal accident or illness insurance, insurance against loss of income through disability, superannuation funds or any other type of insurance; or (f) a department, agency or instrumentality of the Commonwealth or the State; or (g) a solicitor, other than where giving the information or documents would breach legal professional privilege.

S 276 Noncompliance with s 275 and urgent proceedings (1) The purpose of this section is to enable a claimant to avoid the need to bring an application under section 298. (2) Without limiting section 297 or 298, if the claimant alleges an urgent need to start a proceeding for damages despite noncompliance with section 275, the claimant must, in the claimant’s notice of claim—

(a) state the reasons for the urgency and the need to start the proceeding; and (b) ask the insurer to waive compliance with the requirements of section 275.

(3) The claimant’s lawyer may sign the notice of claim on the claimant’s behalf if it is not reasonably practicable for the claimant to do so. S 293 Settlement of claim for damages If a claim or contribution claim is settled before the start of a court proceeding, the parties to the settlement must sign a discharge for the claim. S 421 Examination of persons concerned with WorkCover (1) This section applies if it appears to the Attorney-General that—

(a) a person who has been concerned, or taken part, in WorkCover’s management, administration or affairs has been, or may have been, guilty of fraud, negligence, default, breach of trust or breach of duty

document exception). S 471 – s 7A, Schedule 1 Excluded transactions Item 6 (witnessing exception). S 472 – s 7A, Schedule 1 Excluded transactions Item 6 (witnessing exception).

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or other misconduct in relation to WorkCover; or (b) a person may be capable of giving information about WorkCover’s management, administration or affairs.

(15) The court may order the questions put to the person and the answers given by the person at the examination to be recorded in writing and may require the person to sign the record. (16) Subject to subsection (14), any written record of the examination signed by the person, or any transcript of the examination that is authenticated by the signature of the examiner, may be used in evidence in any legal proceeding against the person. S 471 WorkCover’s seal (1) WorkCover’s seal is to be kept in the custody directed by the board and may be used only as authorised by the board. (2) The affixing of the seal to a document must be attested by—

(a) 2 or more directors; or (b) at least 1 director and the chief executive officer; or (c) a director or the chief executive officer and 1 or more persons authorised by the board.

(3) Judicial notice must be taken of the imprint of WorkCover’s seal appearing on a document. S 472 Authentication of documents A document made by WorkCover, other than a document that is required by law to be sealed, is sufficiently authenticated if it is signed by—

(a) the chairperson of the board; or (b) its chief executive officer; or (c) a person authorised to sign the document by—

(i) resolution of the board; or (ii) direction of its chief executive officer.

S 473 Judicial notice of certain signatures Judicial notice must be taken of—

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(a) the official signature of a person who is or has been chairperson of WorkCover’s board, a WorkCover director or WorkCover’s chief executive officer; and (b) the fact that the person holds or has held the relevant office.

Work Health and Safety Act 2011 Work Health and Safety (Codes of Practice) Notice 2011 Work Health and Safety Regulation 2011

S 155 Powers of regulator to obtain information (1) This section applies if the regulator has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence in relation to a possible contravention of this Act or that will assist the regulator to monitor or enforce compliance with this Act. (2) The regulator may, by written notice served on the person, require the person to do one or more of the following—

(a) to give the regulator, in writing signed by the person (or in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the way stated in the notice, that information of which the person has knowledge; (b) to produce to the regulator, in accordance with the notice, those documents; (c) to appear before a person appointed by the regulator on a day, and at a time and place, stated in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents.

Subdivision 2 Search warrants S 167 Search warrants (1) An inspector may apply to a magistrate for a search warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. S 167A Electronic application (1) An application under section 167 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector reasonably considers it necessary because of –

(a) urgent circumstances; or (b) other special circumstances, including, for example, the inspector’s remote location.

S 155 – s 7A, Schedule 1 Excluded Transactions, item 5. S167 – s 7A, Schedule 1 Excluded transactions, Items 2 and 3 268 – s 7A, Schedule 1 Excluded transactions Item 3

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Division 1 General provisions S 268 Offence to give false or misleading information (1) A person must not give information in complying or purportedly complying with this Act that the person knows—

(a) to be false or misleading in a material particular; or (b) omits any matter or thing without which the information is misleading.

(2) A person must not produce a document in complying or purportedly complying with this Act that the person knows to be false or misleading in a material particular without—

(a) indicating how it is false or misleading and, if practicable, providing correct information; or (b) accompanying the document with a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate—

(i) stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and (ii) setting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.

Commonwealth legislation For Commonwealth legislation, the validity of electronic transactions is regulated by the Electronic Transactions Act 1999 (Cth). The position in the Commonwealth Act with the Queensland Position described in this document.

Legislation Restriction on e-signatures Application/Commentary Cheques Act 1986 (Cth) All provisions Subsection 8(1) - Validity of

electronic transactions; Part 2 Division 2; Section 14 - Time and place of dispatch and receipt of electronic communications; and

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Section 15 - Attribution of electronic communications

Corporations Law All provisions Subsection 8(1) - Validity of electronic transactions; Part 2 Division 2; Section 14 - Time and place of dispatch and receipt of electronic communications; and Section 15 - Attribution of electronic communications

Disability Services Act (Cth) Section 27 Section 9 - Writing; Section 10 - Signature; and Section 11 - Production of a document

Evidence Act 1995 (Cth) Sections 161, 162 Section 14 - Time and place of dispatch and receipt of electronic communications

Health Insurance Act 1973 (Cth) Sections 3GA, 3GB, 3J, 3K, 19AB and 19AC Sections 89B, 105A and 106B

Section 9 - Writing; Section 10 - Signature; and Section 11 - Production of a Document Section 11 - Production of a document

Home and Community Care Act 1985 (Cth)

All provisions Section 9 - Writing; Section 10 - Signature; and Section 11 - Production of a Document

Safety, Rehabilitation and Compensation Act 1988 (Cth)

Subsection 54 (2), section 58 and subsection 71 (1)

Subsection 8(1) – Validity of electronic transactions; Part 2 Division 2 Section 14 - Time and place of dispatch and receipt of electronic communications; and

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Section 15 - Attribution of electronic communications

Therapeutic Goods Act 1989 (Cth) All provisions Part 2 Division 2 Trade Practices Act 1974 (Cth) Sections 44ZH and 65Q, subsection

75AY (2) and sections 87B, 152DD, 155 and 155A

Subsection 8(1) – Validity of electronic transactions; Part 2 Division 2 Section 14 - Time and place of dispatch and receipt of electronic communications; and Section 15 - Attribution of electronic communications

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