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Queensland
CHILDREN'S
COMMISSIONER AND
CHILDREN'S SERVICES
APPEALS TRIBUNALS BILL
1996
Queensland
CHILDREN'S COMMISSIONER AND
CHILDREN'S SERVICES APPEALS
TRIBUNALS BILL 1996
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Crown bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--CHILDREN'S COMMISSIONER AND CHILDREN'S
COMMISSION
Division 1--Preliminary
5 Children's Commissioner and Children's Commission . . . . . . . . . . . . . . . . . 7
6 Control of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Independence of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2--Commissioner's functions
8 Commissioner's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Expert help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3--Children's commissioner and staff of commission
10 Appointment of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Children's Commissioner and Children's
Services Appeals Tribunals
17 Acting commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18 Staff of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 3--COMPLAINTS AND INVESTIGATIONS
19 Making of complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
20 Assessment of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
21 Commissioner may require further information . . . . . . . . . . . . . . . . . . . . . . . 13
22 Time for completion of assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
23 Commissioner's obligation after assessment . . . . . . . . . . . . . . . . . . . . . . . . . 13
24 Investigation of complaint about the delivery of children's services . . . . . 14
25 Report on completion of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26 Report may be tabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
27 Complainant to be notified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
28 Relationship with ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 4--OFFICIAL VISITORS
Division 1--Appointment of official visitors
29 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
30 Limitation of official visitor's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
31 Official visitor's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
32 Official visitor's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
33 Production or display of official visitor's identity card . . . . . . . . . . . . . . . . . 17
34 Training of official visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Functions and powers of official visitors
35 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
36 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 5--CHILDREN'S SERVICES APPEALS TRIBUNAL
Division 1--Tribunal panel and members
37 Appointment of tribunal panel members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
38 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
39 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
40 Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3
Children's Commissioner and Children's
Services Appeals Tribunals
Division 2--Jurisdiction, establishment and composition of tribunals
41 Tribunal's jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
42 Commissioner to establish tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
43 Composition of tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
44 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 3--Appeals to tribunal
45 Commencing appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
46 Parties to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
47 Representative appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
48 Appeals to decide matter afresh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
49 Powers of tribunal on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
50 Operation and implementation of decisions pending appeal . . . . . . . . . . . . 23
Division 4--Proceedings before a tribunal
51 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
52 Preliminary conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
53 Venues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
54 Hearing to be held in private . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
55 Publication of names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
56 Right of appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
57 Questions to be decided by majority of tribunal . . . . . . . . . . . . . . . . . . . . . . 26
58 Procedural powers of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
59 Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
60 Offences--hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
61 Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
62 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
63 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
64 Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 5--Appeals to a District Court
65 Effect of tribunal's decision and rights of appeal . . . . . . . . . . . . . . . . . . . . . 28
66 Powers of District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
67 Operation and implementation of decisions pending appeal . . . . . . . . . . . . 29
4
Children's Commissioner and Children's
Services Appeals Tribunals
Division 6--Miscellaneous
68 Protection of members, legal representatives and witnesses . . . . . . . . . . . . 29
69 Allowance to witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
70 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
71 Tribunals to keep records of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
72 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
73 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
74 Rule-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
75 Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 6--MISCELLANEOUS
76 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
77 Protection from civil liability for certain officials . . . . . . . . . . . . . . . . . . . . 32
78 Impersonation of commissioner or official visitor . . . . . . . . . . . . . . . . . . . . . 32
79 Delegation by commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
80 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
81 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
82 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
83 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 7--CONSEQUENTIAL AMENDMENTS AND
TRANSITIONAL PROVISIONS
84 Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
85 Continuation of tribunal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 35
CONSEQUENTIAL AMENDMENTS
ADOPTION OF CHILDREN ACT 1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
CHILD CARE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
CHILDREN'S SERVICES ACT 1965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PUBLIC SERVICE ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 42
DICTIONARY
1996
A BILL
FOR
An Act to provide for the appointment of a Children's Commissioner
and the establishment of the Children's Commission and
children's services appeals tribunals, and for other purposes
s1 6 s4
Children's Commissioner and Children's
Services Appeals Tribunals
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Children's Commissioner and 4
Children's Services Appeals Tribunals Act 1996. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
8
Dictionary
3.(1) The dictionary1 in schedule 2 defines particular words used in this 9
Act. 10
(2) Definitions found elsewhere in the Act are signposted in the 11
dictionary.2 12
rown bound 13
C
4. This Act binds the Crown. 14
1 In some Acts, definitions are contained in a dictionary that appears as the last
schedule and forms part of the Act--see Acts Interpretation Act 1954,
section 14(4).
2 The signpost definitions in the dictionary alert the reader to the terms defined
elsewhere in the Act and tell the reader where these definitions can be found.
For example, the definition ` "attendance notice" see section 58', tells the
reader there is a definition of the term "attendance notice" in section 58.
s5 7 s8
Children's Commissioner and Children's
Services Appeals Tribunals
ART 2--CHILDREN'S COMMISSIONER AND 1
P
CHILDREN'S COMMISSION 2
1--Preliminary 3
Division
Commissioner and Children's Commission 4
Children's
5.(1) There is to be a Children's Commissioner. 5
(2) An office called the Children's Commission is established. 6
(3) The commission consists of the commissioner and the staff of the 7
commission. 8
of commission 9
Control
6.(1) The commissioner controls the commission. 10
(2) However, subsection (1) does not prevent the attachment of the 11
commission to a department for ensuring the commission is given 12
administrative support services for carrying out the commissioner's 13
functions effectively and efficiently. 14
of commissioner 15
Independence
7. Subject to sections 8(l) and 75,3 the commissioner is not subject to the 16
control or direction of a Minister or a department in carrying out the 17
commissioner's functions. 18
2--Commissioner's functions 19
Division
functions 20
Commissioner's
8. The commissioner's functions are-- 21
3 Sections 8(l) (Commissioner's functions) and 75 (Reports)
s8 8 s8
Children's Commissioner and Children's
Services Appeals Tribunals
(a) monitoring and reviewing, in collaboration with entities that 1
deliver children's services, the provision of the services and 2
suggesting ways of improving the services' quality, adequacy and 3
effectiveness; and 4
(b) promoting practices and procedures that uphold the principle that 5
parents or legal guardians of children have the primary 6
responsibility for the upbringing and development of their 7
children; and 8
(c) advising the Minister about developing and reviewing standards 9
for child care and foster homes; and 10
(d) receiving, and as appropriate, assessing and investigating 11
complaints about the delivery of children's services and alleged 12
offences involving children; and 13
(e) monitoring, in cooperation with other entities, the procedures 14
developed and implemented by the entities for handling 15
complaints about the delivery of children's services and alleged 16
offences involving children; and 17
(f) cooperating with the Queensland Police Service and the 18
Australian Bureau of Criminal Intelligence in the investigation of 19
allegations about offences involving children, including, for 20
example, sexual abuse of children, child pornography and child 21
sex tourism; and 22
(g) cooperating with the Queensland Police Service, the Australian 23
Bureau of Criminal Intelligence and other relevant entities in their 24
endeavours to eradicate sexual abuse of children, child 25
pornography and child sex tourism; and 26
(h) implementing and maintaining a program of official visitors to 27
residential facilities; and 28
(i) conferring and cooperating with other relevant entities including, 29
for example, the Queensland Police Service, the Criminal Justice 30
Commission and the ombudsman about a matter relating to any 31
of the commissioner's other functions; and 32
(j) liaising with the ombudsman about the exercise by the 33
commissioner and the ombudsman of their respective functions 34
s9 9 s 10
Children's Commissioner and Children's
Services Appeals Tribunals
in relation to complaints about the delivery of children's services; 1
and 2
(k) establishing tribunals to hear appeals of reviewable decisions; and 3
(l) at the Minister's request, inquiring into any matter relating to 4
children's services; and 5
(m) conducting research and inquiring into matters relating to any of 6
the commissioner's other functions; and 7
(n) doing anything else-- 8
(i) incidental, complementary or helpful to the commissioner's 9
other functions; or 10
(ii) likely to enhance the effective and efficient performance of 11
the commissioner's other functions. 12
help 13
Expert
9. In performing the commissioner's functions, the commissioner may 14
obtain help from anyone (an "expert adviser") who, in the 15
commissioner's opinion, is appropriately qualified or experienced to give 16
expert advice. 17
Division 3--Children's commissioner and staff of commission 18
of commissioner 19
Appointment
10.(1) The commissioner is to be appointed by the Governor in Council. 20
(2) A person is qualified for appointment as the commissioner if the 21
person-- 22
(a) has knowledge of, and experience in, child protection, community 23
services, child welfare, education, law, medicine, psychology or 24
social work; or 25
(b) has other qualifications and experience the Minister considers 26
appropriate. 27
(3) However, a person is not qualified for appointment as the 28
s 11 10 s 13
Children's Commissioner and Children's
Services Appeals Tribunals
commissioner if the person has been convicted of an indictable offence.4 1
(4) The Criminal Law (Rehabilitation of Offenders) Act 1986, sections 6, 2
8 and 9, do not apply in relation to the appointment of the commissioner. 3
(5) The commissioner is to be appointed under this Act, and not under 4
the Public Service Act 1996. 5
of appointment 6
Duration
11. The commissioner holds office for the term, not longer than 5 years, 7
stated in the instrument of appointment. 8
of appointment 9
Terms
12.(1) The commissioner is to be paid the remuneration and allowances 10
decided by the Governor in Council. 11
(2) The commissioner holds office on the terms not provided for in this 12
Act decided by the Governor in Council. 13
of rights 14
Preservation
13.(1) This section applies if a public service officer is appointed as the 15
commissioner. 16
(2) The person retains and is entitled to all rights that have accrued to the 17
person because of the person's employment as a public service officer, or 18
that would accrue in future to the person because of that employment, as if 19
service as the commissioner were a continuation of service as a public 20
service officer. 21
(3) At the end of the person's term of office or on resignation-- 22
(a) the person is entitled to be appointed to an office in the public 23
service at a salary level not less than the current salary level of an 24
4 Under the Acts Interpretation Act 1954, section 36, "indictable offence" is
defined as follows--
` "indictable offence" includes an act or omission committed outside Queensland
that would be an indictable offence if it were committed in Queensland.'.
s 14 11 s 16
Children's Commissioner and Children's
Services Appeals Tribunals
office equivalent to the office the person held before being 1
appointed as commissioner; and 2
(b) the person's service as commissioner is to be regarded as service 3
of a like nature in the public service for deciding the person's 4
rights as a public service officer. 5
of absence 6
Leave
14. The Minister may grant leave of absence to the commissioner on the 7
terms the Minister considers appropriate. 8
9
Resignation
15. The commissioner may resign by signed notice given to the Minister. 10
of appointment 11
Termination
16.(1) The Governor in Council may terminate the appointment of the 12
commissioner if the commissioner-- 13
(a) becomes incapable of satisfactorily performing the 14
commissioner's duties; or 15
(b) is guilty of misconduct that could warrant dismissal from the 16
public service if the commissioner were an officer of the public 17
service; or 18
(c) is absent without the Minister's leave and without reasonable 19
excuse, for 14 consecutive days or 28 days in a year. 20
(2) The Governor in Council must terminate the commissioner's 21
appointment if the commissioner-- 22
(a) is convicted of an indictable offence; or 23
(b) engages in paid employment outside the duties of office without 24
the Minister's approval. 25
s 17 12 s 20
Children's Commissioner and Children's
Services Appeals Tribunals
commissioner 1
Acting
17. The Governor in Council may appoint a person to act as 2
commissioner-- 3
(a) during a vacancy in the office; or 4
(b) during any period, or all periods, when the commissioner is 5
absent from duty or from the State or, for another reason, cannot 6
perform the duties of the office. 7
of commission 8
Staff
18.(1) The staff of the commission are to be employed under the Public 9
Service Act 1996. 10
(2) The commission may arrange with the chief executive of a 11
department, or with an authority of the State, for the services of officers or 12
employees of the department or authority to be made available to it. 13
PART 3--COMPLAINTS AND INVESTIGATIONS 14
of complaints 15
Making
19. A person (the "complainant") may make a complaint to the 16
commissioner about-- 17
(a) an alleged offence involving a child; or 18
(b) the delivery of children's services. 19
of complaint 20
Assessment
20.(1) On receipt of a complaint about a matter, the commissioner 21
must-- 22
(a) if the complaint is about an alleged offence involving a 23
child--immediately refer the complaint to the commissioner of 24
the police service and, if the commissioner believes the complaint 25
s 21 13 s 23
Children's Commissioner and Children's
Services Appeals Tribunals
raises issues that are appropriate for investigation by another 1
entity, refer the complaint to the other entity; or 2
(b) if the complaint is about the delivery of children's 3
services--assess the complaint to decide whether the complaint 4
warrants further investigation by the commissioner or another 5
entity. 6
(2) After referring a complaint to the commissioner of the police service 7
or another entity, the commissioner must, if asked by the commissioner of 8
police or other entity, assess the complaint to decide whether the complaint 9
warrants further investigation. 10
may require further information 11
Commissioner
21. The commissioner may, by written notice to the complainant, require 12
further particulars of the complaint within the reasonable time stated in the 13
notice. 14
for completion of assessment 15
Time
22.(1) The commissioner must complete the assessment of the 16
complaint-- 17
(a) if the commissioner is assessing the complaint at the request of 18
the commissioner of police or another entity--within 28 days 19
after receiving the request; or 20
(b) if the complaint is about the delivery of children's 21
services--within 28 days after the complaint is received. 22
(2) However, if the commissioner has asked the complainant to give 23
further particulars of the complaint, the commissioner must assess the 24
complaint within 28 days after the day the particulars are required to be 25
provided. 26
obligation after assessment 27
Commissioner's
23.(1) After the commissioner has completed the assessment of a 28
complaint, the commissioner must-- 29
s 24 14 s 24
Children's Commissioner and Children's
Services Appeals Tribunals
(a) if the complaint is about an alleged offence involving a 1
child--give details of the commissioner's assessment to the 2
commissioner of the police service or other entity that requested 3
the assessment; or 4
(b) if the complaint is about the delivery of children's services-- 5
(i) decide to investigate the complaint further or, if the 6
commissioner believes the complaint raises issues that are 7
appropriate for investigation by another entity, refer the 8
complaint to the other entity; or 9
(ii) decide the matter does not warrant further investigation. 10
(2) However, the commissioner may make a decision that a complaint 11
does not warrant further investigation only if-- 12
(a) the commissioner reasonably believes the complaint is frivolous, 13
vexatious or is not made in good faith; or 14
(b) the subject matter of the complaint, or part of the complaint, is 15
under investigation by another entity or has been or is the subject 16
of a legal proceeding; or 17
(c) the complaint can be dealt with in another way that is satisfactory 18
to the complainant; or 19
(d) the complainant has failed, without reasonable excuse, to provide 20
further particulars of the complaint within the time stated in a 21
notice given by the commissioner. 22
of complaint about the delivery of children's services 23
Investigation
24.(1) This section applies if the commissioner has completed an 24
assessment of a complaint about the delivery of children's services and 25
decides to investigate the complaint further. 26
(2) The commissioner must, as soon as practicable, conduct an 27
investigation to obtain further information about the complaint and decide 28
what further action should be taken about the complaint. 29
(3) In conducting the investigation, the commissioner may, by written 30
notice-- 31
s 25 15 s 27
Children's Commissioner and Children's
Services Appeals Tribunals
(a) inform the entity that provides the service (the "service 1
provider") of the nature of the complaint and that an 2
investigation is being carried out; and 3
(b) invite the service provider to make a written submission about the 4
complaint within the reasonable time stated in the notice. 5
(4) The service provider must cooperate with the commissioner in 6
conducting the investigation. 7
on completion of investigation 8
Report
25.(1) After completing the investigation, the commissioner must 9
prepare a report about it. 10
(2) The report may recommend that the service provider or another entity 11
take stated action. 12
(3) The commissioner must give a copy of the report to the Minister and 13
the service provider or other entity. 14
may be tabled 15
Report
26.(1) If the commissioner is satisfied no action is taken by the service 16
provider or entity within a reasonable time, the commissioner may 17
recommend to the Minister that a further report prepared by the 18
commissioner about the matter be tabled in the Legislative Assembly. 19
(2) A copy of any submission made by the service provider or other 20
entity in relation to the report under section 25 must be tabled with the 21
further report prepared by the commissioner. 22
to be notified 23
Complainant
27. As soon as practicable after referring a complaint to the 24
commissioner of the police service or another entity or completing an 25
assessment or investigation of the complaint, the commissioner must give 26
written notice to the complainant of the action taken or recommended by the 27
commissioner. 28
s 28 16 s 31
Children's Commissioner and Children's
Services Appeals Tribunals
with ombudsman 1
Relationship
28. This part does not prevent the ombudsman performing the 2
ombudsman's principal function under the Parliamentary Commissioner 3
Act 1974.5 4
ART 4--OFFICIAL VISITORS 5
P
1--Appointment of official visitors 6
Division
7
Appointment
29. The commissioner may appoint a general employee under the Public 8
Service Act 1996 as an official visitor if the commissioner considers the 9
employee has the necessary expertise, experience or training to be an official 10
visitor. 11
of official visitor's powers 12
Limitation
30.(1) An official visitor is subject to the commissioner's directions in 13
exercising the official visitor's powers. 14
(2) The powers of an official visitor may be limited-- 15
(a) under a regulation; or 16
(b) under a condition of appointment; or 17
(c) by written notice given by the commissioner to the official visitor. 18
visitor's appointment conditions 19
Official
31.(1) An official visitor holds office on the conditions stated in the 20
5 Under the Parliamentary Commissioner Act 1974, section 13(1), the
ombudsman's principal function is investigating administrative action taken by,
in or on behalf of an agency.
s 32 17 s 33
Children's Commissioner and Children's
Services Appeals Tribunals
instrument of appointment. 1
(2) An official visitor ceases to hold office at the end of the term stated in 2
the instrument of appointment. 3
(3) An official visitor may resign by signed notice of resignation given to 4
the commissioner. 5
visitor's identity card 6
Official
32.(1) The commissioner must give each official visitor an identity card. 7
(2) The identity card must-- 8
(a) contain a recent photograph of the official visitor; and 9
(b) be signed by the official visitor; and 10
(c) identify the person as an official visitor for this Act. 11
(3) A person who ceases to be an official visitor must return the person's 12
identity card to the commissioner as soon as possible (but within 21 days) 13
after the person ceases to be an official visitor, unless the person has a 14
reasonable excuse. 15
Maximum penalty--10 penalty units. 16
(4) This section does not prevent the giving of a single identity card to a 17
person for this and other Acts or for other purposes. 18
or display of official visitor's identity card 19
Production
33.(1) An official visitor may exercise a power in relation to another 20
person only if-- 21
(a) the official visitor first produces his or her identity card for the 22
person's inspection; or 23
(b) the official visitor has the official visitor's identity card displayed 24
so it is clearly visible to the other person. 25
(2) However, if for any reason it is not practicable to comply with 26
subsection (1) before exercising the power, the official visitor must produce 27
the identity card for inspection by the person at the first reasonable 28
opportunity. 29
s 34 18 s 36
Children's Commissioner and Children's
Services Appeals Tribunals
of official visitors 1
Training
34. It is the commissioner's duty to ensure official visitors are adequately 2
and appropriately trained to carry out their functions effectively and 3
efficiently. 4
Division 2--Functions and powers of official visitors 5
unctions 6
F
35. An official visitor's functions are-- 7
(a) inspecting residential facilities to find out whether the facilities 8
provide an appropriate standard of care for residents; and 9
(b) suggesting to the commissioner ways of improving the 10
effectiveness and quality of care provided in residential facilities. 11
12
Powers
36.(1) An official visitor may-- 13
(a) at any reasonable time, enter and inspect a residential facility; and 14
(b) confer alone with a resident or member of the staff of the facility; 15
and 16
(c) inspect any of the facility's documents relating to its operation; 17
and 18
(d) provide the commissioner with advice and reports on any matter 19
relating to the conduct of the facility. 20
(2) In exercising a power, an official visitor must act in a way that 21
preserves, as far as practicable, the privacy of residents of the facility. 22
s 37 19 s 38
Children's Commissioner and Children's
Services Appeals Tribunals
PART 5--CHILDREN'S SERVICES APPEALS 1
TRIBUNAL 2
1--Tribunal panel and members 3
Division
of tribunal panel members 4
Appointment
37.(1) The Minister may appoint qualified individuals as members of a 5
panel of children's services appeals tribunal members (the "tribunal 6
panel"). 7
(2) The tribunal panel is to consist of the number of tribunal panel 8
members the Minister considers necessary. 9
(3) A person is qualified for appointment as a tribunal panel member if 10
the person-- 11
(a) has knowledge of, and experience in, child protection, community 12
services, child welfare, education, law, medicine, psychology or 13
social work; or 14
(b) has other qualifications and experience the Minister considers 15
appropriate. 16
(4) However, the following persons are not qualified for appointment as 17
tribunal panel members-- 18
(a) an officer or employee of the department; 19
(b) a person convicted of an indictable offence; 20
(c) a person refused a certificate of approval as a care provider or 21
licensee under the Child Care Act 1991. 22
(5) The Criminal Law (Rehabilitation of Offenders) Act 1986, sections 6, 23
8 and 9, do not apply in relation to the appointment of a tribunal panel 24
member. 25
of appointment 26
Duration
38.(1) A tribunal panel member may be appointed for a term not longer 27
than 3 years. 28
s 39 20 s 42
Children's Commissioner and Children's
Services Appeals Tribunals
(2) A tribunal panel member may resign by signed notice of resignation 1
given to the Minister. 2
of appointment 3
Conditions
39.(1) A tribunal panel member is to be paid the remuneration and 4
allowances decided by the Governor in Council. 5
(2) A tribunal panel member holds office on the conditions not provided 6
in this Act as are decided by the Governor in Council. 7
from office 8
Removal
40. The Minister may, by written notice given to a tribunal panel 9
member, remove the member from office if the member-- 10
(a) is incapable of properly discharging the functions of a tribunal 11
member; or 12
(b) is unfit to hold the office. 13
Division 2--Jurisdiction, establishment and composition of tribunals 14
jurisdiction 15
Tribunal's
41. A tribunal has jurisdiction to hear an appeal against a reviewable 16
decision. 17
to establish tribunal 18
Commissioner
42.(1) The commissioner is to establish a children's services appeals 19
tribunal to hear an appeal against a reviewable decision. 20
(2) The commissioner must, within 3 days of its establishment, give 21
notice of the tribunal panel members constituting a tribunal to-- 22
(a) the parties to the appeal; and 23
(b) the members. 24
s 43 21 s 46
Children's Commissioner and Children's
Services Appeals Tribunals
of tribunals 1
Composition
43.(1) A tribunal is to consist of-- 2
(a) the commissioner and 2 tribunal panel members chosen by the 3
commissioner; or 4
(b) 3 tribunal panel members chosen by the commissioner. 5
(2) The commissioner must not be a member of a tribunal to hear an 6
appeal against a reviewable decision if the commissioner has, under part 3, 7
assessed or investigated a complaint by the appellant in relation to the 8
decision. 9
10
Chairperson
44. The chairperson of a tribunal is-- 11
(a) the commissioner; or 12
(b) if the commissioner is not a member of the tribunal--the tribunal 13
panel member nominated by the commissioner. 14
3--Appeals to tribunal 15
Division
appeals 16
Commencing
45.(1) An appeal must be made within 28 days after receipt of written 17
notice of the reviewable decision or within the further period the 18
commissioner allows. 19
(2) An appeal must be-- 20
(a) made to the commissioner in the approved form; and 21
(b) accompanied by the fee prescribed under a regulation. 22
to appeal 23
Parties
46.(1) The parties to an appeal are-- 24
(a) the appellant; and 25
s 47 22 s 47
Children's Commissioner and Children's
Services Appeals Tribunals
(b) the person who made the reviewable decision; and 1
(c) another person granted leave to become a party. 2
(2) A tribunal may, on application, grant a person leave to become a 3
party to an appeal if the person has a genuine concern in the subject matter 4
of the appeal. 5
(3) A person found by a tribunal to be unjustifiably interfering in a matter 6
is not entitled to become a party in relation to the matter. 7
(4) If directed by a tribunal before or during the hearing of an appeal, the 8
appellant must give notice of the appeal to a stated person. 9
(5) A tribunal may, before or during the hearing of an appeal, join a 10
person as a party to the appeal and require the appellant to give the person 11
notice of the joinder. 12
(6) If 2 or more appeals are considered by a tribunal to arise from the 13
same circumstance, it may deal with all of the appeals at the same hearing. 14
appeals 15
Representative
47.(1) A tribunal may, on application, give leave for an appeal to be dealt 16
with as a representative appeal if it is satisfied-- 17
(a) 2 or more persons are entitled to make an appeal arising from the 18
same, similar or related circumstances as those to which the 19
application relates but their joinder as appellants is impracticable; 20
and 21
(b) the applicant is 1 of the persons entitled to appeal and the others 22
consent to a representative appeal; and 23
(c) the application is made in good faith; and 24
(d) the applicant is capable of adequately representing the interests of 25
all persons entitled to appeal; and 26
(e) a representative appeal would be to the advantage of the persons 27
entitled to appeal; and 28
(f) a representative appeal would be an efficient and effective way to 29
deal with the claims of the persons entitled to appeal. 30
s 48 23 s 50
Children's Commissioner and Children's
Services Appeals Tribunals
(2) A tribunal may make orders about the making, notification, conduct 1
and deciding of a representative appeal. 2
(3) The decision of a tribunal on a representative appeal is binding on all 3
persons entitled to appeal. 4
to decide matter afresh 5
Appeals
48. A proceeding on an appeal is to be by way of deciding the matter 6
afresh, unaffected by the reviewable decision. 7
of tribunal on appeal 8
Powers
49. On the hearing of an appeal, a tribunal may-- 9
(a) affirm, vary or set aside the reviewable decision; or 10
(b) set aside the reviewable decision and substitute its own decision; 11
or 12
(c) set aside the reviewable decision and return the issue to the 13
decision maker for reconsideration in accordance with matters 14
stated by the tribunal. 15
and implementation of decisions pending appeal 16
Operation
50.(1) The tribunal may grant a stay of a decision appealed against to 17
secure the effectiveness of the appeal. 18
(2) A stay may be granted on conditions the tribunal considers 19
appropriate and has effect for the period stated by the tribunal. 20
(3) The period of a stay must not extend past the time when the tribunal 21
decides the appeal. 22
(4) An appeal against a reviewable decision does not affect the operation 23
of the decision or carrying out of the decision unless the decision is stayed. 24
s 51 24 s 52
Children's Commissioner and Children's
Services Appeals Tribunals
Division 4--Proceedings before a tribunal 1
2
Procedure
51.(1) When conducting a hearing of an appeal, the tribunal must-- 3
(a) observe natural justice; and 4
(b) act as quickly, and with as little formality and technicality, as is 5
consistent with a fair and proper consideration of the issues 6
before it. 7
(2) In conducting the hearing, the tribunal-- 8
(a) is not bound by the rules of evidence; and 9
(b) may inform itself of any thing in the way it considers appropriate; 10
and 11
(c) may decide the procedures to be followed for the hearing. 12
(3) However, the tribunal must comply with this division and any 13
procedural rules. 14
(4) The tribunal must take the measures that are reasonably practicable-- 15
(a) to ensure the parties to the hearing understand the nature of the 16
assertions made and their legal implications; and 17
(b) if asked to do so--to explain to the parties any aspect of the 18
tribunal procedures, or any tribunal decision or ruling, relating to 19
the proceeding; and 20
(c) to ensure the parties have the fullest opportunity practicable to be 21
heard. 22
conferences 23
Preliminary
52.(1) Before starting to hear an appeal, a tribunal may convene a 24
preliminary conference between the parties to the proceeding. 25
(2) The conference must be presided over by a tribunal member. 26
(3) The tribunal member may make a decision about the proceeding only 27
if-- 28
s 53 25 s 55
Children's Commissioner and Children's
Services Appeals Tribunals
(a) the parties agree to the decision; and 1
(b) the tribunal member is satisfied the decision is in the best interests 2
of the person whose interests are considered by the member to be 3
paramount. 4
(4) The tribunal member's decision has effect as if it were a tribunal's 5
decision. 6
7
Venues
53. A tribunal is to sit at the times and places the chairperson decides. 8
to be held in private 9
Hearing
54. The proceeding before a tribunal is not open to the public unless the 10
chairperson decides, in the special circumstances of the particular 11
proceeding, it is in the public interest for the proceeding to be open to the 12
public. 13
of names etc. 14
Publication
55.(1) A person must not publish, in a public way, information that 15
identifies, or is likely to identify, a person-- 16
(a) who appears as a witness before the tribunal in the proceeding; or 17
(b) to whom the proceeding relates; or 18
(c) who is mentioned or otherwise involved in the proceeding. 19
Maximum penalty--100 penalty units or 1 year's imprisonment. 20
(2) However, a person does not commit an offence against 21
subsection (1) if-- 22
(a) the tribunal consents to the publication of the information; or 23
(b) the person includes the name in a report given to the Minister 24
under section 75.6 25
6 Section 75 (Reports)
s 56 26 s 59
Children's Commissioner and Children's
Services Appeals Tribunals
of appearance 1
Right
56. The parties to the proceeding may appear at the hearing in person or, 2
by leave of the tribunal, be represented by a lawyer or agent. 3
to be decided by majority of tribunal 4
Questions
57. A question before the tribunal must be decided by a majority of the 5
tribunal members. 6
powers of tribunal 7
Procedural
58.(1) The tribunal may, by written notice (an "attendance notice"), 8
require a person to attend the hearing at a stated time and place-- 9
(a) to give evidence; or 10
(b) to produce a stated document or thing. 11
(2) At the hearing, the tribunal may proceed in the absence of a party. 12
(3) The tribunal may adjourn the hearing from time to time. 13
of documents 14
Inspection
59.(1) If a document or thing is produced to the tribunal at the hearing, 15
the tribunal may-- 16
(a) inspect the document or thing; and 17
(b) make copies of, photograph, or take extracts from, the document 18
or thing if it is relevant to the hearing. 19
(2) The tribunal may also take possession of the document or thing, and 20
keep it while it is necessary for the hearing. 21
(3) While it keeps a document or thing, the tribunal must permit a person 22
otherwise entitled to possession of the document or thing to inspect, make 23
copies of, photograph, or take extracts from, the document or thing, at the 24
reasonable time and place the tribunal decides. 25
s 60 27 s 62
Children's Commissioner and Children's
Services Appeals Tribunals
1
Offences--hearings
60.(1) A person served with an attendance notice must not-- 2
(a) fail, without reasonable excuse, to attend as required by the notice; 3
or 4
(b) fail, without reasonable excuse, to continue to attend as required 5
by the chairperson until excused from further attendance. 6
Maximum penalty--10 penalty units. 7
(2) A person appearing as a witness at the hearing must not-- 8
(a) fail to take an oath or make an affirmation when required by the 9
chairperson; or 10
(b) fail, without reasonable excuse, to answer a question the person is 11
required to answer by a tribunal member; or 12
(c) fail, without reasonable excuse, to produce a document or thing 13
the person is required to produce by an attendance notice. 14
Maximum penalty--10 penalty units. 15
16
Self-incrimination
61. It is a reasonable excuse for a person to fail to answer a question or to 17
produce a document if answering the question or producing the document 18
might tend to incriminate the person. 19
or misleading information 20
False
62.(1) A person must not state anything to the tribunal that the person 21
knows is false or misleading in a material particular. 22
Maximum penalty--10 penalty units. 23
(2) It is enough for a complaint for an offence against subsection (1) to 24
state the statement made was false or misleading to the person's 25
knowledge. 26
s 63 28 s 65
Children's Commissioner and Children's
Services Appeals Tribunals
or misleading documents 1
False
63.(1) A person must not give to the tribunal a document containing 2
information the person knows is false, misleading or incomplete in a 3
material particular. 4
Maximum penalty--10 penalty units. 5
(2) Subsection (1) does not apply to a person who, when giving the 6
document-- 7
(a) informs the tribunal, to the best of the person's ability, how it is 8
false, misleading or incomplete; and 9
(b) gives the correct information to the tribunal if the person has, or 10
can reasonably obtain, the correct information. 11
(3) A complaint against a person for an offence against subsection (1) is 12
sufficient if it states the document was false, misleading or incomplete to 13
the person's knowledge. 14
of tribunal 15
Contempt
64. A person must not-- 16
(a) insult the tribunal or a tribunal member; or 17
(b) deliberately interrupt the tribunal's hearing; or 18
(c) create or continue or join in creating or continuing, a disturbance 19
in or near a place where the tribunal is conducting the hearing; or 20
(d) do anything that would be contempt of court if the tribunal were a 21
judge acting judicially. 22
Maximum penalty--10 penalty units. 23
Division 5--Appeals to a District Court 24
of tribunal's decision and rights of appeal 25
Effect
65.(1) A tribunal's decision is final and binding on the parties. 26
(2) However, a party may appeal against a tribunal's decision on a 27
s 66 29 s 68
Children's Commissioner and Children's
Services Appeals Tribunals
question of law by filing an appeal in the registry of a District Court within 1
28 days after the party is given notice of the decision. 2
(3) A District Court may at any time extend the period for filing an 3
appeal. 4
of District Court 5
Powers
66. On the hearing of an appeal, a District Court may-- 6
(a) affirm, vary or set aside the tribunal's decision; or 7
(b) substitute, or make, in addition, a decision that should have been 8
made in the first instance; or 9
(c) remit the matter to a tribunal for rehearing; or 10
(d) make any order about costs or any other matter the court 11
considers appropriate. 12
and implementation of decisions pending appeal 13
Operation
67.(1) A District Court may make an order granting a stay of a decision 14
appealed against to secure the effectiveness of the appeal. 15
(2) A order may be made on conditions the court considers appropriate 16
and has effect for the period stated by the court. 17
(3) The period of a stay under an order must not extend past the time 18
when the court decides the appeal. 19
(4) An appeal against a decision does not affect the operation of the 20
decision or carrying out of the decision unless the decision is stayed. 21
Division 6--Miscellaneous 22
of members, legal representatives and witnesses 23
Protection
68.(1) Tribunal members have, in the performance of their duties for the 24
tribunal, the same protection and immunity as a judge of the Supreme 25
Court. 26
s 69 30 s 73
Children's Commissioner and Children's
Services Appeals Tribunals
(2) A lawyer or other person appearing before a tribunal for someone 1
else has the same protection and immunity as a barrister appearing for a 2
party in a proceeding in the Supreme Court. 3
(3) A person required to attend, or appearing before a tribunal as a 4
witness, has the same protection as a witness in a proceeding in the 5
Supreme Court. 6
to witnesses 7
Allowance
69. A witness who appears at a tribunal hearing is entitled to be paid the 8
allowance prescribed under a tribunal rule for attendance at the hearing or, if 9
no allowance is prescribed, the reasonable allowance decided by the 10
chairperson. 11
osts 12
C
70.(1) Each party to a hearing must bear the party's own costs of the 13
hearing. 14
(2) However, a tribunal may make an order about the payment of a 15
party's costs if in particular circumstances it is satisfied it is appropriate to 16
do so. 17
to keep records of proceedings 18
Tribunals
71.(1) A tribunal must keep a record of its proceeding. 19
(2) The record may be kept in the way the tribunal considers appropriate. 20
of documents 21
Authentication
72. A document requiring authentication by a tribunal is sufficiently 22
authenticated if it is signed by a tribunal member. 23
notice of certain signatures 24
Judicial
73. Judicial notice must be taken of the signature of a tribunal member if 25
it appears on a document issued by the tribunal. 26
s 74 31 s 76
Children's Commissioner and Children's
Services Appeals Tribunals
power 1
Rule-making
74.(1) The commissioner may make rules, not inconsistent with this Act, 2
about the practice and procedure of tribunals. 3
(2) A rule has no effect unless approved by the Governor in Council. 4
5
Reports
75.(1) At the request of the Minister, the commissioner must give to the 6
Minister a report on the operations of tribunals for the period stated in the 7
request. 8
(2) The report must deal with the matters the Minister states in the 9
request. 10
ART 6--MISCELLANEOUS 11
P
12
Confidentiality
76.(1) This section applies to a person who-- 13
(a) is or has been-- 14
(i) the commissioner; or 15
(ii) a member of the staff of the commission; or 16
(iii) an expert adviser; or 17
(iv) an official visitor; or 18
(v) a tribunal member; and 19
(b) in that capacity acquired information about another person's 20
affairs or has access to, or custody of, a document about another 21
person's affairs. 22
(2) A person to whom this section applies must not disclose the 23
information, or give access to the document, to anyone else. 24
Maximum penalty--100 penalty units or 1 year's imprisonment. 25
s 77 32 s 79
Children's Commissioner and Children's
Services Appeals Tribunals
(3) However, a person may disclose the information or give access to the 1
document to someone else-- 2
(a) to the extent necessary to perform the person's functions under or 3
in relation to this Act; or 4
(b) if the disclosure or giving of access is otherwise required or 5
permitted by law; or 6
(c) if the person to whom the information or document relates agrees 7
to the disclosure or giving of access and the person is an adult 8
when the agreement is given. 9
from civil liability for certain officials 10
Protection
77.(1) This section applies to a person who is or has been-- 11
(a) the commissioner (other than in the commissioner's capacity as a 12
tribunal member); or 13
(b) a member of the staff of the commission; or 14
(c) an official visitor; or 15
(d) an expert adviser. 16
(2) The person does not incur civil liability for an act done, or omission 17
made, honestly and without negligence under this Act. 18
(3) If subsection (2) prevents a civil liability attaching to the person, the 19
liability attaches instead to the State. 20
of commissioner or official visitor 21
Impersonation
78. A person must not pretend to be the commissioner or an official 22
visitor. 23
Maximum penalty--50 penalty units. 24
by commissioner 25
Delegation
79. The commissioner may delegate the commissioner's powers under 26
this Act to an appropriately qualified officer of the commission. 27
s 80 33 s 84
Children's Commissioner and Children's
Services Appeals Tribunals
of forms 1
Approval
80. The commissioner may approve forms for use under this Act. 2
report 3
Annual
81.(1) Within 4 months after the end of each financial year, the 4
commissioner must give to the Minister a report on the administration of 5
this Act during the year. 6
(2) The Minister must table a copy of the report in the Legislative 7
Assembly within 14 sitting days after the Minister receives it. 8
of Act 9
Review
82.(1) The Minister must review this Act within 5 years after its 10
commencement. 11
(2) To help the Minister review this Act, the commissioner must prepare 12
a report about the operation of the commission and tribunals. 13
(3) In reviewing this Act, the Minister must have regard to the 14
commissioner's report. 15
power 16
Regulation-making
83. The Governor in Council may make regulations under this Act. 17
ART 7--CONSEQUENTIAL AMENDMENTS AND 18
P
TRANSITIONAL PROVISIONS 19
amendments 20
Consequential
84. Schedule 1 amends the Acts mentioned in it. 21
s 85 34 s 85
Children's Commissioner and Children's
Services Appeals Tribunals
of tribunal proceedings 1
Continuation
85.(1) This section applies if, before the commencement of this section, a 2
person-- 3
(a) appealed to a tribunal under the Adoption of Children Act 1964 4
against an assessment under that Act; or 5
(b) applied to a tribunal under the Child Care Act 1991 for a review 6
of a decision of the chief executive under that Act. 7
(2) If the tribunal had not started to hear the matter, the matter is to be 8
heard by a tribunal established under this Act. 9
(3) If the tribunal had started to hear the matter but had not finished the 10
hearing, the tribunal is to finish the hearing as if this Act had not been 11
enacted. 12
13
35
Children's Commissioner and Children's
Services Appeals Tribunals
CHEDULE 1 1
¡S
CONSEQUENTIAL AMENDMENTS 2
section 84 3
ADOPTION OF CHILDREN ACT 1964 4
´
1. Section 6, definition "the tribunal"-- 5
omit. 6
2. Section 6-- 7
insert-- 8
` "tribunal" means a children's services appeals tribunal established under 9
the Children's Commissioner and Children's Services Appeals 10
Tribunals Act 1996.'. 11
3. Sections 8 to 9-- 12
omit. 13
4. Section 13A(4)-- 14
renumber as section 13A(5). 15
5. Section 13A-- 16
insert-- 17
`(4) Within 14 days after the removal of a person's name from the 18
adoption list, the director must give written notice of the removal and the 19
reasons for it to the person.'. 20
36
Children's Commissioner and Children's
Services Appeals Tribunals
SCHEDULE 1 (continued)
6. Section 13D(1)(b), `the tribunal'-- 1
omit, insert-- 2
`a tribunal'. 3
7. After section 14C-- 4
insert-- 5
`Appeals to tribunal about adoption lists and assessments 6
`14D.(1) This section applies if the director-- 7
(a) makes a decision to remove a person's name from the adoption 8
list; or 9
(b) makes an assessment that-- 10
(i) a person is not of good repute or a fit and proper person to 11
become an adoptive parent; or 12
(ii) the interests and welfare of a child to be adopted will not be 13
promoted by making an adoption order in favour of a 14
person. 15
`(2) The person may appeal to a tribunal against the decision or 16
assessment.'. 17
8. Schedule 2-- 18
omit. 19
HILD CARE ACT 1991 20
´C
1. Section 3, definition "Tribunal"-- 21
omit. 22
37
Children's Commissioner and Children's
Services Appeals Tribunals
SCHEDULE 1 (continued)
2. Section 3-- 1
insert-- 2
` "tribunal" means a children's services appeals tribunal established under 3
the Children's Commissioner and Children's Services Appeals 4
Tribunals Act 1996.'. 5
3. Section 41(1), from `apply'-- 6
omit, insert-- 7
`appeal to a tribunal against the decision.'. 8
4. Section 41(2) to (7)-- 9
omit, insert-- 10
`(2) If the chief executive fails to make a decision about an application 11
mentioned in subsection (1)(a) or (d) within the prescribed period-- 12
(a) the failure is taken to be a decision by the chief executive to refuse 13
the application; and 14
(b) the applicant is taken to have received notice of the refusal on the 15
last day of the prescribed period. 16
`(3) In this section-- 17
"prescribed period" means the period prescribed under a regulation for 18
this section.'. 19
5. Sections 42 and 43-- 20
omit. 21
6. Part 6-- 22
omit. 23
38
Children's Commissioner and Children's
Services Appeals Tribunals
SCHEDULE 1 (continued)
CHILDREN'S SERVICES ACT 1965 1
´
1. Section 8-- 2
insert-- 3
` "aggrieved person", for a reviewable decision, means a person stated 4
opposite the decision in the schedule. 5
"reviewable decision" means a decision stated in the schedule.'. 6
2. Section 131-- 7
omit, insert-- 8
`Information about whereabouts of a child in care 9
`131.(1) A parent of a child in care may ask the director for information 10
about the child's whereabouts. 11
`(2) The director must give the parent the information unless, in the 12
director's opinion, it is not in the best interests of the child to provide the 13
information.'. 14
3. After section 143A-- 15
insert-- 16
`Director to give notice of reviewable decision 17
`143B.(1) Within 14 days after making a reviewable decision, the 18
director must give written notice of the making of the decision and the 19
reasons for it to the aggrieved person for the decision. 20
`(2) If the director fails to make a decision about a relevant application 21
within the prescribed period-- 22
(a) the failure is taken to be a decision by the director to refuse the 23
application; and 24
(b) the applicant is taken to have received notice of the refusal on the 25
39
Children's Commissioner and Children's
Services Appeals Tribunals
SCHEDULE 1 (continued)
last day of the prescribed period. 1
`(3) In this section-- 2
"prescribed period" means the period prescribed under a regulation for 3
this section. 4
"relevant application" means-- 5
(a) an application under section 104 for approval to act as a foster 6
parent; or 7
(b) a request under section 131 for information about the 8
whereabouts of a child in care; or 9
(c) an application under section 134 for approval for a child in care to 10
leave the State.'. 11
`Appeal against reviewable decision 12
`143C. An aggrieved person for a reviewable decision may appeal to a 13
tribunal against the decision.'. 14
4. After section 153-- 15
insert-- 16
`SCHEDULE 17
`REVIEWABLE DECISIONS AND AGGRIEVED 18
PERSONS 19
section 8, definitions "aggrieved person" and "reviewable decision" 20
Reviewable decisions Aggrieved person
Revocation of approval in relation The institution's governing 21
to licensed institution (s 39) authority
40
Children's Commissioner and Children's
Services Appeals Tribunals
SCHEDULE 1 (continued)
Ordering a person to do or refrain The child, the child's parents or 1
from doing any act or thing guardian or another person having 2
pertaining to a matter or object custody of the child 3
specified in a protective supervision 4
order (s 56(1)(b))
Decision to make use of facilities The child or a parent or relative of 5
and services to further the best the child 6
interests of a child in care (s 58)
Imposition of conditions on the use The child or a parent or relative of 7
of facilities and services (s 58(1A)) the child
Placing a child in care in the charge The child or the child's parents 8
of a foster parent (s 103(1))
Removal of a child in care from The child or the child's parents or 9
charge of foster parent foster parents 10
(s 103(1A)(b))
Refusal to approve person to act as The applicant 11
foster parent (s 104(1))
Revocation of approval of person to The former foster parent 12
act as foster parent (s 104(4))
Placing of child in care (s 105(2)) The child or the child's parents or
foster parents
Refusal to give information to the The parent 13
parent of a child in care about the 14
child's whereabouts (s 131(2))
Issue of an order that a parent or The child or the child's parents 15
parents of a child in care should not 16
have access to the child 17
(s 132(2)(a))
Issue of an order about the access The child or the child's parents 18
of a parent or parents of a child in 19
care to the child subject to 20
conditions (s 132(2)(b))
41
Children's Commissioner and Children's
Services Appeals Tribunals
SCHEDULE 1 (continued)
Refusal to give approval for a The child, the child's parents or the 1
person other than a parent of a child person refused approval 2
in care to visit or communicate with 3
a child (s 132(4))
Refusal to give approval for a child The child, the child's parents or 4
in care to leave the State (s 134(1)) another person having custody of
the child
Imposition of conditions on an The child, the child's parents or 5
approval for a child in care to leave another person having custody of 6
the State (s 134(1)) the child
Variation of conditions on child in The child, the child's parents or 7
care leaving the State (s 134(1A)) another person who has custody of
the child
Refusal to declare a child from The child, the child's parents or the 8
another State to be admitted to the applicant 9
director's care and protection 10
(s 134(4))
Removal of a child in care under a The child, the child's parents or the 11
declaration under section 134(4) person to whose charge the child 12
(s 134(8)) will be returned '.
UBLIC SERVICE ACT 1996 13
´P
1. Schedule 1-- 14
renumber items 3 to 11 as items 4 to 12. 15
2. Schedule 1-- 16
insert-- 17
`3 Children's Commission Children's commissioner'. 18
19
42
Children's Commissioner and Children's
Services Appeals Tribunals
CHEDULE 2 1
¡S
ICTIONARY 2
D
section 3 3
"appropriately qualified", for an officer of the commission to whom a 4
power under this Act may be delegated, includes having the 5
qualifications, experience or standing appropriate to exercise the 6
power. 7
8
Example of `standing'--
9
An officer's classification level in the public service.
"approved form" see section 80. 10
"attendance notice" see section 58. 11
"child" means an individual under 18. 12
"child sex tourism" means tourism organised to facilitate, whether directly 13
or indirectly, a sexual relationship with a child. 14
"children's services" means a service provided under or in relation to 15
children's services legislation. 16
"children's services legislation" means-- 17
(a) the Adoption of Children Act 1964; or 18
(b) the Child Care Act 1991; or 19
(c) the Children's Services Act 1965; or 20
(d) the Family Services Act 1987. 21
"commission" means the Children's Commission established under this 22
Act. 23
"commissioner" means the Children's Commissioner appointed under this 24
Act. 25
"complainant" see section 19. 26
43
Children's Commissioner and Children's
Services Appeals Tribunals
SCHEDULE 2 (continued)
"expert adviser" see section 9. 1
"foster home" means a home where a foster parent has in his or her charge 2
a child in care under the Children's Services Act 1965. 3
"offence involving a child" does not include an offence involving a child if 4
the child is the alleged offender. 5
"official visitor" means person appointed as an official visitor under this 6
Act. 7
"ombudsman" means the Parliamentary Commissioner for 8
Administrative Investigations appointed under the Parliamentary 9
Commissioner Act 1974. 10
"residential facility" means a place where residential accommodation is 11
provided by the State, or an entity funded by the State, for children 12
who are in the care of the chief executive or entity. 13
"reviewable decision" means-- 14
(a) a decision or assessment mentioned in the Adoption of Children 15
Act 1964, section 14D(1); or 16
(b) a decision mentioned in the Child Care Act 1991, section 41(1); 17
or 18
(c) a reviewable decision under the Children's Services Act 1965. 19
"service provider" see section 24. 20
"tribunal" means a children's services appeals tribunal established under 21
this Act. 22
"tribunal member" means a member of a tribunal, and includes the 23
commissioner. 24
"tribunal panel" means the panel of children's services appeals tribunal 25
members mentioned in section 37.7 26
7 Section 37 (Appointment of tribunal panel members)
44
Children's Commissioner and Children's
Services Appeals Tribunals
SCHEDULE 2 (continued)
"tribunal panel member" means a member of the tribunal panel. 1
"tribunal rule" means a rule made under section 74.8 2
3
© State of Queensland 1996
8 Section 74 (Rule-making power)
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