TITLES REGISTRY CHANGES BLUE CARD CHANGES

attorney – long form (Form 3) version 2 (the “old enduring power of attorney forms”); and • Any Queensland enduring power of attorney to be signed by the principal on or after 30 November 2020 is prepared on the enduring power of attorney – short form (Form 2) version 4 or the enduring power of attorney – long form (Form 3) version 4 (the “new enduring power of attorney forms”). Practitioners should also ensure that from 30 November 2020 any template or proforma Queensland enduring power of attorney documents are updated for the new enduring power of attorney forms. If a Queensland enduring power of attorney prepared on one of the old enduring power of attorney forms is signed by the principal on or after 30 November 2020, the Titles Registry will not be able to be satisfied that the enduring power of attorney is valid in accordance with the requirements of the (amended) Powers of Attorney Act 1998 (principally s. 44(1) of the Act). For this reason, from 30 November 2020 a request to register an enduring power of attorney on one of the old enduring power of attorney forms that has been signed by the principal on or after 30 November 2020 will not be capable of registration without the deposit of a declaration of validity from a court of competent jurisdiction.

Important changes to guardianship laws as a result of the Guardianship and Administration and Other Legislation Amendment Act 2019 will commence on 30 November 2020. These changes will affect some Titles Registry practices, particularly for enduring powers of attorney including: • the Certification of a copy of an enduring power of attorney under the amended s. 45 of the Powers of Attorney Act 1998: • the number of joint attorneys permitted for a matter under an enduring power of attorney; • conflict of interest transactions generally; and • gifts or donations generally. These changes will be reflected in updates to Part 16 of the Land Title Practice Manual to be published on 30 November 2020.

On 31 August 2020, changes were made to strengthen and streamline the blue card system under the Working with Children (Risk Management and Screening) Act 2000. Major changes include 1. Applications and renewals can be made on line. 2. Photos will be included on blue cards. This means that applicants will need a Customer Reference Number (CRN) from the Department of Transport and Main Roads (this is number on driver licence, photo identity card or proof-of-age card). The photo will be linked to the applicant’s CRN. Those without a CRN will need to apply to the Department of Transport and Main Roads to get one. 3. Applicants and card holders must let Blue Card know if there is a change in the person’s police information. 4. No card, no start applies from 31 August so that everyone must have a valid blue card before they start paid work, volunteer or start a business. 5. Organisations must check a card holder’s ID and link them to their organisation before they can start work. 6. Volunteers and students need to be linked to an organisation to continue getting a blue card for free. 7. Individuals can pay for and apply for a blue card before getting a job, so that they do not have to wait for clearance before starting work. 8. A simplified frequency test applies to paid employees, volunteers and students. This means people working with kids for not more than 7 days in a calendar year do not need a blue card. However, this does not apply to business operators as they require a blue card. 9. There are stricter requirements for people who previously relied on an exemption to work or volunteer with children. For example, volunteer parents or individuals who are under 18 years of age who have been issued a negative notice or had their card suspended or been convicted of disqualifying offences or been charged with a disqualifying offence not yet finalised by a court, cannot volunteer in regulated employment. 10. Queensland police and teachers registered in Queensland have a 3-year expiry date on their exemption cards. 11. All card holders must renew their blue card before it expires to continue working with kids. 12. There are new offences and penalties for individuals and organisations who do not comply with the new laws. 13. Further information can be obtained at www.qld.gov.au/bluecard

The Queensland Government is trialling a Digital Licence. It is a handy app that allows Queenslanders to securely and easily store their driver licences, photo identification cards and recreational marine licences digitally on their mobile devices. It is expected that the Digital Licence will provide a better and safer way for Queenslanders to validate their identity digitally. The first Queensland Digital Licences were trialled in the Fraser Coast region in early 2020. An evaluation of the trial is now being conducted. It will not be compulsory to use the Queensland Digital Licence app. You have the choice to opt-in and your existing physical licences can still be used. More information can be accessed here: https://www.qld.gov.au/transport/projects/digital-licence/ digital-licence