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Queensland
Community Services Bill 2006
Queensland
Community Services Bill 2006
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2 Object and principles
3 Main object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 How main object is mainly achieved. . . . . . . . . . . . . . . . . . . . . . . 8
5 Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3 Interpretation
6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7 Meaning of service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Meaning of approved service provider . . . . . . . . . . . . . . . . . . . . . 11
9 Meaning of funded service provider . . . . . . . . . . . . . . . . . . . . . . . 11
Part 2 Approved service providers
Division 1 Preliminary
10 Explanation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 No entitlement to assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2 Approval process
12 Application for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Approval remains in force unless cancelled . . . . . . . . . . . . . . . . . 13
Division 3 Cancellation of approval
15 Application for cancellation of approval . . . . . . . . . . . . . . . . . . . . 13
16 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Cancellation of approval without application . . . . . . . . . . . . . . . . 14
18 Cancellation of approval if approved service provider no
longer exists .................................. 15
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Community Services Bill 2006
Division 4 Notice of changes by approved service provider
19 Approved service provider must give notice of change . . . . . . . . 15
Part 3 Assistance to service providers
20 Purpose of giving assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21 When assistance may be given . . . . . . . . . . . . . . . . . . . . . . . . . . 16
22 Assistance to service providers . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Who may receive approval for one-off funding . . . . . . . . . . . . . . . 17
24 No assistance without agreement . . . . . . . . . . . . . . . . . . . . . . . . 17
25 What service agreement must contain . . . . . . . . . . . . . . . . . . . . . 18
Part 4 Standards for funded service providers
26 Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Minister may exempt from compliance with standard. . . . . . . . . . 20
28 Funded service provider must not contravene standards. . . . . . . 20
Part 5 Compliance notices and suspending or stopping
assistance
Division 1 Compliance notices
29 Cooperative approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
30 Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31 Report by authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 2 Suspending or stopping assistance for breach of
agreement
32 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
33 Representations about show cause notice. . . . . . . . . . . . . . . . . . 24
34 Ending show cause process without further action . . . . . . . . . . . 24
35 Suspending or stopping assistance . . . . . . . . . . . . . . . . . . . . . . . 25
Division 3 Recovery of funding
36 Recovery of amount from funded service provider. . . . . . . . . . . . 25
Part 6 Monitoring and enforcement
Division 1 Preliminary
37 Purpose of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
38 Matters to be considered by chief executive or authorised
officer before exercising a power . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2 Authorised officers
39 Powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
41 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
42 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 27
43 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3
Community Services Bill 2006
44 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 28
45 When authorised officer ceases to hold office . . . . . . . . . . . . . . . 28
46 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
47 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 3 Powers of authorised officers
Subdivision 1 Entry of places
48 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Subdivision 2 Procedure for entry
49 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
51 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
52 Application by electronic communication and duplicate warrant . 32
53 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
54 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . 34
Subdivision 3 Powers after entry
55 General powers after entering a place . . . . . . . . . . . . . . . . . . . . . 35
56 Failure to help authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 36
57 Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 4 Power to require information
58 Notice under s 59 may relate to use of assistance. . . . . . . . . . . . 36
59 Power to require information or documents . . . . . . . . . . . . . . . . . 37
Division 5 Other matters
60 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
61 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
62 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 39
63 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 39
64 Obstructing an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 40
65 Impersonation of an authorised officer . . . . . . . . . . . . . . . . . . . . . 40
Part 7 Interim manager
Division 1 Preliminary
66 Main purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 2 Appointment
67 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
68 Basis for appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
69 Suitability of proposed appointee . . . . . . . . . . . . . . . . . . . . . . . . . 42
70 Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
71 Notice to funded service provider about appointment . . . . . . . . . 43
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Community Services Bill 2006
72 Informing persons using community services about appointment 43
73 Initial period of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
74 Variation of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
75 Ending of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 3 Function and powers
76 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
77 Interim manager's function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
78 Interim manager's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
79 Direction by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
80 Other powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
81 Limitation on powers under instrument of appointment . . . . . . . . 46
82 Production of instrument of appointment for inspection . . . . . . . . 46
83 Obstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 4 Other matters
84 Access to information or documents . . . . . . . . . . . . . . . . . . . . . . 47
85 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
86 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
87 Funded service provider liable for remuneration and other costs. 48
88 Accounts and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
89 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Part 8 Reviews and appeals
Division 1 Reviewable decisions
90 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
91 Chief executive must give notice after making reviewable
decision ..................................... 49
Division 2 Review of decision
92 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
93 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . 50
94 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 3 Appeal against review decision
95 Appeal against review decision . . . . . . . . . . . . . . . . . . . . . . . . . . 52
96 Appeal is by way of rehearing . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Part 9 Screening of persons engaged by the department
Division 1 Preliminary
97 Main purpose of pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
98 Persons engaged by the department . . . . . . . . . . . . . . . . . . . . . . 53
5
Community Services Bill 2006
99 This part applies despite the Criminal Law (Rehabilitation of
Offenders) Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
100 Chief executive to advise of duties of disclosure etc. . . . . . . . . . . 53
Division 2 Interpretation
101 What is a serious offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 3 Disclosure of criminal history
102 Persons seeking to be engaged by the department must
disclose criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
103 Persons engaged by the department must disclose changes in
criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
104 Requirements for disclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
105 False or misleading disclosure or failure to disclose . . . . . . . . . . 56
Division 4 Chief executive may obtain information
106 Chief executive may obtain report from commissioner of the
police service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
107 Prosecuting authority to notify chief executive about committal,
conviction etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 5 Controls on use of information
108 Use of information obtained under this part . . . . . . . . . . . . . . . . . 59
109 Person to be advised of information obtained . . . . . . . . . . . . . . . 60
110 Guidelines for dealing with information. . . . . . . . . . . . . . . . . . . . . 60
Part 10 Legal proceedings
Division 1 Application
111 Application of pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 2 Evidence
112 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
113 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
114 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 3 Proceedings
115 Proceeding for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
116 When proceeding may start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
117 Allegations of false or misleading information or document . . . . . 62
118 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
119 Dealing with forfeited thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
120 Responsibility for acts or omissions of representative . . . . . . . . . 63
121 Executive officers must ensure corporation complies with Act. . . 64
Part 11 Miscellaneous
122 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
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Community Services Bill 2006
123 Dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
124 Other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
125 Confidentiality of information about criminal history and related
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
126 Duty of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
127 Power to require information or documents . . . . . . . . . . . . . . . . . 67
128 Protection from liability for giving information . . . . . . . . . . . . . . . . 67
129 Chief executive may share information about service provider . . 68
130 Delegation by Minister or chief executive . . . . . . . . . . . . . . . . . . . 68
131 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 69
132 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
133 Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
134 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Part 12 Savings and transitional provisions
135 Definitions for pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
136 Certain service providers taken to be approved under part 2
and to be funded service providers . . . . . . . . . . . . . . . . . . . . . . . 70
137 When grants under the Family Services Act continue . . . . . . . . . 71
138 Other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Part 13 Amendment of Commercial and Consumer Tribunal Act
2003
139 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
140 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 72
Part 14 Amendment of Young Offenders (Interstate Transfer) Act
1987
141 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
142 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 73
Schedule 1 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Schedule 2 Current serious offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Schedule 3 Repealed or expired serious offences . . . . . . . . . . . . . . . . . . . 82
Schedule 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
2006
A Bill
for
An Act to provide for assistance to service providers providing
community services, and the regulation of the community
services, and for other purposes
s1 8 s4
Community Services Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Community Services Act 2006. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Division 2 Object and principles 8
3 Main object of Act 9
The main object of this Act is to help build sustainable 10
communities by facilitating access by Queenslanders to 11
community services. 12
4 How main object is mainly achieved 13
The main object is achieved mainly by-- 14
(a) the department giving financial and other assistance to 15
service providers providing community services; and 16
(b) regulating community services provided with the 17
financial or other assistance to ensure the standard and 18
accountability of the services; and 19
(c) providing for compliance with this Act to be monitored 20
and enforced. 21
s5 9 s5
Community Services Bill 2006
5 Guiding principles 1
This Act is to be administered in a way that has sufficient 2
regard to the following principles-- 3
(a) a community is sustainable if it is socially, culturally 4
and economically diverse, cohesive, inclusive, active, 5
resilient and adaptable and has access to appropriate 6
services, infrastructure and amenities; 7
(b) the availability of sustainable, quality, safe, responsive 8
and accountable community services enhances the 9
quality of life of people living in the community, and 10
contributes to the wellbeing of the community, by 11
enabling people to participate in its social and economic 12
life; 13
(c) the provision of community services by service 14
providers delivers significant social and other benefits 15
for individuals, families and communities by building 16
on community strengths, providing flexibility, 17
facilitating innovation and bringing local resources 18
together; 19
(d) the department and service providers should work 20
together to meet common aims in a way that recognises 21
each entity's autonomy, contributions and 22
accountabilities; 23
(e) the department's support for community services 24
should-- 25
(i) build capacity and promote best practice in the 26
governance and delivery of community services; 27
and 28
(ii) be integrated, as far as is reasonably practicable, 29
with the provision of other relevant services; 30
(f) community services should be provided in a way that-- 31
(i) responds to the diverse and changing needs of 32
individuals, families and communities; and 33
(ii) has appropriate regard to local and regional 34
differences, cultural diversity and Aboriginal 35
tradition and Island custom; and 36
s6 10 s6
Community Services Bill 2006
(iii) facilitates choice, maximises participation, 1
encourages self-help and promotes voluntary 2
effort; and 3
(iv) respects the rights and responsibilities of 4
individuals, families and communities; and 5
(v) fosters the dignity and independence of 6
individuals, especially the most vulnerable; and 7
(vi) takes account of individuals, families and 8
communities in greatest need; 9
(g) the needs, views and interests of users of community 10
services, community members and representatives, and 11
service providers, should be taken into account-- 12
(i) by the department in developing policy and 13
delivering programs and services for community 14
services; and 15
(ii) by service providers in delivering community 16
services. 17
18
Editor's note--
19
Acts Interpretation Act 1954, section 36--
20
Aboriginal tradition means the body of traditions, observances, customs
21
and beliefs of Aboriginal people generally or of a particular community
22
or group of Aboriginal people, and includes any such traditions,
23
observances, customs and beliefs relating to particular persons, areas,
24
objects or relationships.
25
Island custom, known in the Torres Strait as Ailan Kastom, means the
26
body of customs, traditions, observances and beliefs of Torres Strait
27
Islanders generally or of a particular community or group of Torres
28
Strait Islanders, and includes any such customs, traditions, observances
29
and beliefs relating to particular persons, areas, objects or relationships.
Division 3 Interpretation 30
6 Definitions 31
The dictionary in schedule 4 defines particular words used in 32
this Act. 33
s7 11 s 10
Community Services Bill 2006
7 Meaning of service provider 1
(1) A service provider is a corporation, other than the State, that 2
provides or intends to provide community services. 3
(2) It is immaterial whether the services are provided with the 4
intention of making a profit. 5
6
Note--
7
A service provider may be a local government.
8 Meaning of approved service provider 8
An approved service provider is a service provider approved 9
by the chief executive under part 2 as eligible to receive 10
assistance under part 3. 11
9 Meaning of funded service provider 12
(1) A funded service provider is a service provider that receives 13
assistance from the department to provide community 14
services. 15
(2) It is immaterial whether other funds or resources are also used 16
by the service provider to provide community services. 17
Part 2 Approved service providers 18
Division 1 Preliminary 19
10 Explanation 20
This part establishes a system under which the chief executive
may approve service providers as being eligible to receive 21
assistance from the department for providing community 22
services. 23
s 11 12 s 13
Community Services Bill 2006
11 No entitlement to assistance 1
The Minister is not required to approve assistance to an 2
approved service provider. 3
Division 2 Approval process 4
12 Application for approval 5
(1) A service provider may apply to the chief executive for 6
approval as an approved service provider. 7
(2) The application must be in the approved form. 8
(3) The service provider must also provide any other relevant 9
information reasonably required by the chief executive to 10
decide the application. 11
13 Decision on application 12
(1) The chief executive must decide the application within 90 13
days after receiving the application and any other required 14
information, and give the service provider notice of the 15
decision. 16
(2) The chief executive may approve a service provider as an 17
approved service provider only if the chief executive is 18
satisfied that the approval is consistent with the object of this 19
Act and the guiding principles mentioned in section 5. 20
(3) In deciding the application, the chief executive may have 21
regard to the following-- 22
(a) the service provider's business, strategic, or operational 23
plan; 24
(b) the service provider's record of financial management; 25
(c) how the service provider conducts, or proposes to 26
conduct, its operations; 27
(d) whether the service provider has appropriate corporate 28
governance; 29
(e) whether the service provider is receiving assistance 30
from another source; 31
s 14 13 s 16
Community Services Bill 2006
(f) whether the service provider has demonstrated 1
compliance with the requirements of another Act, for 2
example, the Disability Services Act 2006; 3
(g) another matter prescribed under a regulation. 4
14 Approval remains in force unless cancelled 5
The approval of a service provider as an approved service 6
provider remains in force until it is cancelled under this part. 7
Division 3 Cancellation of approval 8
15 Application for cancellation of approval 9
(1) An approved service provider may apply to the chief 10
executive for cancellation of its approval as an approved 11
service provider. 12
(2) The application must be in the approved form. 13
(3) The service provider must also provide any other relevant 14
information reasonably required by the chief executive to 15
decide the application. 16
16 Decision on application 17
(1) The chief executive must decide the application within 45 18
days after receiving the application and any other required 19
information, and give the service provider notice of the 20
decision. 21
(2) The chief executive must, and may only, grant the application 22
if-- 23
(a) there is no service agreement in force with the approved 24
service provider; and 25
(b) the chief executive is satisfied it is unlikely the chief 26
executive will want to take action to enforce compliance 27
by the service provider with this Act. 28
(3) The chief executive may require the service provider to take 29
stated action before the chief executive grants the application 30
s 17 14 s 17
Community Services Bill 2006
including, for example, returning unspent funds to the chief 1
executive. 2
17 Cancellation of approval without application 3
(1) The chief executive may cancel the approval of an approved 4
service provider, even though no application has been made 5
under section 15, if-- 6
(a) there is no service agreement in force with the service 7
provider; and 8
(b) the chief executive is satisfied it is unlikely either of the 9
following will happen-- 10
(i) action will be taken to enforce compliance by the 11
service provider with this Act; 12
(ii) assistance, or further assistance, will be given to 13
the service provider under this Act. 14
(2) Before cancelling the approval, the chief executive must give 15
the service provider a notice-- 16
(a) stating that the chief executive proposes to cancel the 17
approval; and 18
(b) stating the reasons for the proposed cancellation; and 19
(c) inviting the service provider to give a written response 20
within a stated time of at least 45 days. 21
(3) The chief executive must consider any written response 22
received from the service provider within the stated time 23
before deciding whether to cancel the approval. 24
(4) Immediately after deciding whether or not to cancel the 25
approval, the chief executive must give the service provider 26
notice of the decision. 27
(5) The chief executive may cancel the approval of an approved 28
service provider, without complying with subsections (2) to 29
(4), if the service provider agrees. 30
s 18 15 s 19
Community Services Bill 2006
18 Cancellation of approval if approved service provider no 1
longer exists 2
The chief executive must cancel the approval of an approved 3
service provider if it no longer exists. 4
Division 4 Notice of changes by approved 5
service provider 6
19 Approved service provider must give notice of change 7
An approved service provider must give a notice, in the 8
approved form, to the chief executive of any of the following 9
matters within 30 days after becoming aware of the matter, 10
unless the service provider has a reasonable excuse-- 11
(a) the service provider's address changes; 12
(b) for an association incorporated under the Associations 13
Incorporation Act 1981 that-- 14
(i) an application to the Supreme Court has been made 15
for the association to be wound-up; or 16
(ii) a general meeting has been called to consider the 17
winding-up of the association; or 18
(iii) the association's incorporation has been cancelled; 19
(c) for a cooperative incorporated under the Cooperatives 20
Act 1997 that action has started to-- 21
(i) wind-up or deregister the cooperative; or 22
(ii) appoint an administrator to conduct the affairs of 23
the cooperative; 24
(d) for a local government--a regulation has been made 25
under the Local Government Act 1993 dissolving the 26
local government; 27
(e) for another corporation--the corporation is under 28
external administration under the Corporations Act or a 29
similar law of a foreign jurisdiction; 30
(f) a matter prescribed under a regulation. 31
Maximum penalty--10 penalty units. 32
s 20 16 s 22
Community Services Bill 2006
1
Note--
2
Under section 127 the chief executive may give notice to an approved
3
service provider requiring it to give information or a document to the
4
chief executive.
Part 3 Assistance to service providers 5
20 Purpose of giving assistance 6
The purpose of giving assistance to service providers is to 7
enable them to provide community services in ways that best 8
achieve the object of this Act. 9
21 When assistance may be given 10
To achieve the object of this Act the Minister may approve 11
assistance to a service provider for community services in a 12
way the Minister considers appropriate, including, for 13
example the following-- 14
(a) giving, on appropriate conditions, funding to the service 15
provider; 16
(b) leasing or licensing land or improvements to the service 17
provider; 18
(c) giving or leasing other property to the service provider; 19
(d) making available goods or services through the 20
department; 21
(e) making available financial or other incentives to the 22
service provider. 23
22 Assistance to service providers 24
(1) The Minister may approve assistance to a service provider 25
only if the service provider is an approved service provider. 26
(2) However, the Minister may approve assistance to a service 27
provider that is not an approved service provider if the 28
Minister is satisfied-- 29
s 23 17 s 24
Community Services Bill 2006
(a) there is an urgent need for the assistance; and 1
(b) it is not practicable for the service provider to become 2
an approved service provider before assistance is 3
approved. 4
(3) If assistance is approved for a service provider under 5
subsection (2)-- 6
(a) the service provider must take action to become an 7
approved service provider as soon as reasonably 8
practicable after receiving the assistance; and 9
(b) the assistance must stop 6 months after it is first given if 10
the service provider has not become an approved service 11
provider within that time. 12
(4) This section applies subject to section 23. 13
23 Who may receive approval for one-off funding 14
Despite section 22, the Minister may approve assistance that 15
is one-off funding for a service provider that is not an 16
approved service provider. 17
24 No assistance without agreement 18
(1) If the Minister approves assistance to a service provider, the 19
chief executive must enter into a written agreement with the 20
service provider (a service agreement) for giving the 21
assistance. 22
(2) The chief executive may give the assistance to the service 23
provider only under a service agreement. 24
(3) However, the chief executive may give assistance before a 25
service agreement is entered into if the Minister is satisfied-- 26
(a) there is an urgent need for the assistance; and 27
(b) it is not practicable to enter into an agreement before 28
assistance is given. 29
(4) If subsection (3) applies, the service provider must-- 30
(a) before receiving the assistance, agree in writing to enter 31
into a service agreement after receiving the assistance, 32
within a stated time decided by the chief executive; and 33
s 25 18 s 25
Community Services Bill 2006
(b) enter into the service agreement within that time. 1
(5) Ongoing assistance must stop if the service provider has not 2
entered into a service agreement within the stated time. 3
25 What service agreement must contain 4
(1) A service agreement must state each of the following the chief 5
executive considers relevant to the assistance-- 6
(a) the type of assistance; 7
(b) if the assistance is funding, the amount of the assistance; 8
(c) if the assistance is not funding, details of the assistance 9
given; 10
(d) the period of the agreement and when the assistance is 11
to be given; 12
(e) the type of community services to be provided; 13
(f) the service delivery outcomes to be achieved; 14
(g) the performance measures to be used in measuring the 15
service delivery outcomes; 16
(h) the policies and procedures to guide service delivery; 17
(i) the way the service provider is to report to the chief 18
executive; 19
(j) the circumstances in which the service provider is in 20
breach of the agreement; 21
(k) the action that may be taken by the chief executive to 22
monitor compliance with the agreement; 23
(l) the action that may be taken by the chief executive for a 24
breach, or suspected breach, of the agreement, including 25
a show cause process for suspending or stopping the 26
assistance; 27
28
Note--
29
Part 5, division 2, sets out the show cause process that must be
30
undertaken by the chief executive if a service agreement
31
provides for a show cause process for a breach of the agreement
32
that may lead to the chief executive suspending or stopping
33
assistance under the agreement.
s 26 19 s 26
Community Services Bill 2006
(m) the department's obligations under the agreement. 1
(2) The agreement may also include other matters the chief 2
executive considers necessary for the agreement. 3
Part 4 Standards for funded service 4
providers 5
26 Standards 6
(1) A regulation may prescribe requirements (the standards) 7
relating to the provision, by funded service providers, of 8
community services. 9
(2) Without limiting subsection (1), a regulation may prescribe 10
requirements about how a funded service provider provides 11
community services or conducts its operations including in 12
relation to-- 13
(a) ensuring accessibility to users of the services; and 14
(b) responding to the needs of individuals, families and 15
communities; and 16
(c) facilitating choice and participation by users of the 17
services; and 18
(d) respecting the privacy and confidentiality of users of the 19
services; and 20
(e) receiving feedback and resolving complaints and 21
disputes; and 22
(f) protecting the safety and wellbeing of users of the 23
services; and 24
(g) recruiting and selecting staff; and 25
(h) inducting, training and developing staff; and 26
(i) managing and supporting staff to enable them to 27
undertake their roles; and 28
(j) corporate governance; and 29
(k) financial management and accountability. 30
s 27 20 s 28
Community Services Bill 2006
(3) A standard may include provision about-- 1
(a) preparing, maintaining, publishing or implementing a 2
policy or procedure; or 3
(b) reporting matters to the chief executive. 4
27 Minister may exempt from compliance with standard 5
(1) This section applies if the Minister considers that the 6
standards or provisions of the standards should not apply to a 7
funded service provider in relation to the provision of a 8
community service because of-- 9
(a) the nature of the community service; or 10
(b) the amount or type of assistance to be given for the 11
community service. 12
(2) The Minister may, by notice given to the service provider, 13
exempt the service provider from compliance with the 14
standards or provisions of the standards in relation to the 15
provision of a community service. 16
(3) An exemption may be limited in its application and may be 17
subject to conditions. 18
28 Funded service provider must not contravene standards 19
A funded service provider must not contravene a standard. 20
21
Notes--
22
1 A funded service provider may be given a compliance notice
23
requiring the provider to remedy a contravention of a standard. See
24
section 30.
25
2 The extent of a funded service provider's contravention of a
26
standard is a relevant matter the Minister may consider when
27
deciding the further assistance, if any, to give to the provider under
28
this Act.
29
3 Contravention of a standard may lead to the appointment of an
30
interim manager for a funded service provider. See section 67.
31
4 A funded service provider's contravention of a standard is a matter
32
the chief executive may consider when deciding whether to cancel
33
the approval of an approved service provider.
s 29 21 s 30
Community Services Bill 2006
Part 5 Compliance notices and 1
suspending or stopping 2
assistance 3
Division 1 Compliance notices 4
29 Cooperative approach 5
Nothing in this division limits the way in which the 6
department may cooperate with a funded service provider in 7
dealing with a matter in relation to which a power under this 8
division could be exercised. 9
30 Compliance notice 10
(1) This section applies if the chief executive reasonably 11
believes-- 12
(a) a funded service provider-- 13
(i) is contravening a provision of this Act; or 14
(ii) has contravened a provision of this Act in 15
circumstances that make it likely the contravention 16
will continue or be repeated; and 17
(b) a matter relating to the contravention is reasonably 18
capable of being remedied; and 19
(c) it is appropriate to give the person an opportunity to 20
remedy the matter. 21
(2) This section applies to a funded service provider even if the 22
service provider's assistance has been suspended under the 23
relevant service agreement. 24
(3) The chief executive may give the service provider a notice (a 25
compliance notice) requiring the service provider to remedy 26
the matter. 27
(4) The compliance notice must state the following-- 28
(a) that the chief executive reasonably believes the service 29
provider-- 30
s 30 22 s 30
Community Services Bill 2006
(i) is contravening a provision of this Act; or 1
(ii) has contravened a provision of this Act in 2
circumstances that make it likely the contravention 3
will continue or be repeated; 4
(b) the provision the chief executive believes is being, or 5
has been, contravened (the relevant provision); 6
(c) briefly, how it is believed the relevant provision is being, 7
or has been, contravened; 8
(d) the matter relating to the contravention that the chief 9
executive believes is reasonably capable of being 10
remedied; 11
(e) that the service provider must remedy the matter within 12
a stated reasonable time; 13
(f) that it is an offence to fail to comply with the 14
compliance notice unless the service provider has a 15
reasonable excuse. 16
(5) The compliance notice may also state-- 17
(a) the reasonable steps that the chief executive is satisfied 18
are necessary to remedy the matter, or avoid further 19
contravention, of the relevant provision; and 20
(b) that the service provider must report to the chief 21
executive after taking a step or steps. 22
(6) The service provider must comply with the compliance notice 23
unless the service provider has a reasonable excuse. 24
Maximum penalty-- 25
(a) if it is an offence to contravene the relevant 26
provision--the maximum penalty for contravening that 27
provision; or 28
(b) otherwise-- 29
(i) for an individual guilty under chapter 2 of the 30
Criminal Code of an offence or for section 31
1211--20 penalty units; or 32
(ii) for a funded service provider--100 penalty units. 33
1 Section 121 (Executive officers must ensure corporation complies with Act)
s 31 23 s 32
Community Services Bill 2006
(7) If it is an offence to contravene the relevant provision and a 1
compliance notice is given, the service provider can not be 2
prosecuted for that offence unless it contravenes subsection 3
(6) in relation to the compliance notice. 4
(8) If the service provider contravenes subsection (6), the chief 5
executive may, by notice given to the service provider, 6
suspend or stop assistance to the service provider despite 7
anything in a service agreement with the service provider. 8
(9) This section does not limit-- 9
(a) a remedy available to the chief executive under a service 10
agreement; or 11
(b) the chief executive's powers apart from this section. 12
31 Report by authorised officer 13
Before deciding whether to give a funded service provider a 14
compliance notice the chief executive may obtain a written 15
report from an authorised officer about whether the service 16
provider-- 17
(a) is contravening a provision of this Act; or 18
(b) has contravened a provision of this Act in circumstances 19
that make it likely the contravention will continue or be 20
repeated. 21
Division 2 Suspending or stopping assistance 22
for breach of agreement 23
32 Show cause notice 24
(1) This section applies if-- 25
(a) a service agreement with a funded service provider 26
provides for a show cause process for a breach of the 27
agreement; and 28
(b) the chief executive reasonably suspects that the service 29
provider has breached the agreement; and 30
s 33 24 s 34
Community Services Bill 2006
(c) the chief executive proposes to take action under the 1
service agreement to suspend or stop assistance. 2
(2) The chief executive must give the service provider a notice (a 3
show cause notice) stating the following-- 4
(a) the action (the proposed action) the chief executive 5
proposes taking under the agreement; 6
(b) the grounds for the proposed action; 7
(c) an outline of the facts and circumstances forming the 8
basis for the grounds; 9
(d) an invitation to the service provider to show within a 10
stated period (the show cause period) why the proposed 11
action should not be taken. 12
(3) The show cause period must be a period ending at least 21 13
days after the show cause notice is given to the service 14
provider. 15
33 Representations about show cause notice 16
(1) The funded service provider may make written 17
representations about the show cause notice to the chief 18
executive in the show cause period. 19
(2) The chief executive must consider all written representations 20
(the accepted representations) made under subsection (1). 21
34 Ending show cause process without further action 22
If, after considering the accepted representations for the show 23
cause notice, the chief executive no longer believes the ground 24
exists to take the proposed action, the chief executive-- 25
(a) must not take further action about the show cause 26
notice; and 27
(b) must, as soon as practicable, give notice to the funded 28
service provider that no further action is to be taken 29
about the show cause notice. 30
s 35 25 s 36
Community Services Bill 2006
35 Suspending or stopping assistance 1
(1) This section applies if after considering the accepted 2
representations for the show cause notice, the chief 3
executive-- 4
(a) still believes the ground exists to take action to suspend 5
or stop assistance; and 6
(b) believes the action is warranted. 7
(2) This section also applies if there are no accepted 8
representations for the show cause notice. 9
(3) The chief executive may-- 10
(a) if the proposed action stated in the show cause notice 11
was to suspend the assistance for a stated 12
period--suspend the assistance for no longer than the 13
stated period; or 14
(b) if the proposed action in the show cause notice was to 15
stop the assistance--either stop the assistance or 16
suspend it for a period. 17
Division 3 Recovery of funding 18
36 Recovery of amount from funded service provider 19
(1) This section applies if-- 20
(a) funding to a service provider has been stopped and 21
funds already given by the chief executive to the service 22
provider have not been spent by the service provider (the 23
unspent funds); or 24
(b) a funded service provider has used funds for a purpose 25
other than the purpose for which the funds were given 26
under the service agreement with the service provider 27
(the improperly used funds). 28
(2) The unspent funds or improperly used funds are a debt owing 29
by the service provider to the State. 30
(3) The chief executive may recover the unspent funds or 31
improperly used funds as a debt. 32
s 37 26 s 40
Community Services Bill 2006
Part 6 Monitoring and enforcement 1
Division 1 Preliminary 2
37 Purpose of pt 6 3
The purpose of this part is to provide mechanisms for 4
monitoring and enforcing compliance with this Act and to 5
ensure the proper and efficient delivery of community 6
services by funded service providers. 7
38 Matters to be considered by chief executive or authorised 8
officer before exercising a power 9
(1) Before the chief executive or an authorised officer exercises a 10
power under this part in relation to a funded service provider, 11
the chief executive or authorised officer must consider 12
whether it would be more appropriate to seek the cooperation 13
of the service provider instead of exercising the power. 14
(2) The exercise of a power under this part can not be challenged 15
merely because the chief executive or authorised officer did 16
not comply with subsection (1). 17
Division 2 Authorised officers 18
39 Powers generally 19
(1) An authorised officer has the powers given under this Act. 20
(2) In exercising the powers an authorised officer is subject to the 21
directions of the chief executive. 22
40 Appointment 23
(1) The chief executive may appoint any of the following persons 24
as an authorised officer-- 25
(a) a public service employee; 26
s 41 27 s 43
Community Services Bill 2006
(b) for the purpose of investigating a particular matter, 1
another person. 2
(2) A person may be appointed for this Act generally or for stated 3
provisions of the Act. 4
41 Qualifications for appointment 5
The chief executive may appoint a person as an authorised 6
officer only if-- 7
(a) the chief executive is satisfied the person is qualified for 8
appointment because the person has the necessary 9
expertise or experience; and 10
(b) the person has the competencies, if any, prescribed 11
under a regulation as relevant to the person's 12
appointment. 13
42 Appointment conditions and limit on powers 14
(1) An authorised officer holds office on the conditions stated 15
in-- 16
(a) the authorised officer's instrument of appointment; or 17
(b) a signed notice given to the authorised officer; or 18
(c) a regulation. 19
(2) The instrument of appointment, a signed notice given to the 20
authorised officer or a regulation may limit the authorised 21
officer's powers under this Act. 22
(3) In this section-- 23
signed notice means a notice signed by the chief executive. 24
43 Issue of identity card 25
(1) The chief executive must issue an identity card to each 26
authorised officer. 27
(2) The identity card must-- 28
(a) contain a recent photo of the authorised officer; and 29
(b) contain a copy of the authorised officer's signature; and 30
s 44 28 s 45
Community Services Bill 2006
(c) identify the person as an authorised officer under this 1
Act; and 2
(d) state an expiry date for the card. 3
(3) This section does not prevent the issue of a single identity 4
card to a person for this Act and other purposes. 5
44 Production or display of identity card 6
(1) In exercising a power under this Act in relation to another 7
person, an authorised officer must-- 8
(a) produce the authorised officer's identity card for the 9
other person's inspection before exercising the power; 10
or 11
(b) have the identity card displayed so it is clearly visible to 12
the other person when exercising the power. 13
(2) However, if it is not practicable to comply with subsection (1), 14
the authorised officer must produce the identity card for the 15
other person's inspection at the first reasonable opportunity. 16
(3) For subsection (1), an authorised officer does not exercise a 17
power in relation to another person only because the 18
authorised officer has entered a place as mentioned in section 19
48(1)(b) or (2). 20
45 When authorised officer ceases to hold office 21
(1) An authorised officer ceases to hold office if any of the 22
following happens-- 23
(a) the term of office stated in a condition of office ends; 24
(b) under another condition of office, the authorised officer 25
ceases to hold office; 26
(c) the authorised officer's resignation under section 46 27
takes effect. 28
(2) Subsection (1) does not limit the ways an authorised officer 29
may cease to hold office. 30
(3) In this section-- 31
s 46 29 s 48
Community Services Bill 2006
condition of office means a condition on which the authorised 1
officer holds office. 2
46 Resignation 3
An authorised officer may resign by signed notice given to the 4
chief executive. 5
47 Return of identity card 6
A person who ceases to be an authorised officer must return 7
the person's identity card to the chief executive within 21 days 8
after ceasing to be an authorised officer unless the person has 9
a reasonable excuse. 10
Maximum penalty--10 penalty units. 11
Division 3 Powers of authorised officers 12
Subdivision 1 Entry of places 13
48 Power to enter places 14
(1) An authorised officer may enter a place if-- 15
(a) an occupier of the place consents to the entry; or 16
(b) it is a public place and the entry is made when it is open 17
to the public; or 18
(c) it is not a home and the entry is made when the place is 19
open for carrying on business or otherwise open for 20
entry; or 21
(d) the entry is authorised by a warrant. 22
(2) For the purpose of asking an occupier of a place for consent to 23
enter, an authorised officer may, without the occupier's 24
consent or a warrant-- 25
(a) enter land around premises at the place to an extent that 26
is reasonable to contact the occupier; or 27
s 49 30 s 49
Community Services Bill 2006
(b) enter part of the place the officer reasonably considers 1
members of the public ordinarily are allowed to enter 2
when they wish to contact the occupier. 3
Subdivision 2 Procedure for entry 4
49 Entry with consent 5
(1) This section applies if an authorised officer intends to ask an 6
occupier of a place to consent to the officer or another 7
authorised officer entering the place under section 48(1)(a). 8
(2) Before asking for the consent, the authorised officer must tell 9
the occupier-- 10
(a) the purpose of the entry; and 11
(b) that the occupier is not required to consent. 12
(3) If the consent is given, the authorised officer may ask the 13
occupier to sign an acknowledgment of the consent. 14
(4) The acknowledgment must state-- 15
(a) that the occupier has been told-- 16
(i) the purpose of the entry; and 17
(ii) that the occupier is not required to consent; and 18
(b) the purpose of the entry; and 19
(c) that the occupier gives the authorised officer consent to 20
enter the place and exercise the powers under this part; 21
and 22
(d) the time and date the consent was given. 23
(5) If the occupier signs the acknowledgment, the authorised 24
officer must immediately give a copy to the occupier. 25
(6) If-- 26
(a) an issue arises in a proceeding about whether the 27
occupier consented to the entry; and 28
(b) an acknowledgment complying with subsection (4) for 29
the entry is not produced in evidence; 30
s 50 31 s 51
Community Services Bill 2006
the onus of proof is on the person relying on the lawfulness of 1
the entry to prove the occupier consented. 2
50 Application for warrant 3
(1) An authorised officer may apply to a magistrate for a warrant 4
for a place. 5
(2) The authorised officer must prepare a written application that 6
states the grounds on which the warrant is sought. 7
(3) The written application must be sworn. 8
(4) The magistrate may refuse to consider the application until the 9
authorised officer gives the magistrate all the information the 10
magistrate requires about the application in the way the 11
magistrate requires. 12
13
Example--
14
The magistrate may require additional information supporting the
15
application to be given by statutory declaration.
51 Issue of warrant 16
(1) The magistrate may issue a warrant for the place only if the 17
magistrate is satisfied there are reasonable grounds for 18
suspecting that it is necessary to enter the place-- 19
(a) to protect a person receiving community services from a 20
funded service provider at the place from risk of harm 21
because of abuse, neglect or exploitation; or 22
(b) subject to subsection (2), to check whether a funded 23
service provider has taken the steps required under a 24
compliance notice. 25
(2) The magistrate may issue a warrant under subsection (1)(b) 26
only if the magistrate is satisfied non-compliance with the 27
compliance notice may severely affect the provision of 28
community services. 29
(3) The warrant must state-- 30
(a) the place to which the warrant applies; and 31
(b) that a stated authorised officer may, with necessary and 32
reasonable help and force-- 33
s 52 32 s 52
Community Services Bill 2006
(i) enter the place and any other place necessary for 1
the entry; and 2
(ii) exercise the officer's powers under this part; and 3
(c) particulars of the reason it is necessary to enter the place 4
that the magistrate considers appropriate in the 5
circumstances; and 6
(d) the hours of the day or night when the place may be 7
entered; and 8
(e) the magistrate's name; and 9
(f) the date and time of the warrant's issue; and 10
(g) the date, within 14 days after the warrant's issue, the 11
warrant ends. 12
52 Application by electronic communication and duplicate 13
warrant 14
(1) An application under section 50 may be made by phone, fax, 15
email, radio, videoconferencing or another form of electronic 16
communication if the authorised officer reasonably considers 17
it necessary because of-- 18
(a) urgent circumstances; or 19
(b) other special circumstances, including, for example, the 20
authorised officer's remote location. 21
(2) The application-- 22
(a) may not be made before the authorised officer prepares 23
the written application under section 50(2); but 24
(b) may be made before the written application is sworn. 25
(3) The magistrate may issue the warrant (the original warrant) 26
only if the magistrate is satisfied-- 27
(a) it was necessary to make the application under 28
subsection (1); and 29
(b) the way the application was made under subsection (1) 30
was appropriate. 31
(4) After the magistrate issues the original warrant-- 32
s 52 33 s 52
Community Services Bill 2006
(a) if there is a reasonably practicable way of immediately 1
giving a copy of the warrant to the authorised officer, for 2
example, by sending a copy by fax or email, the 3
magistrate must immediately give a copy of the warrant 4
to the authorised officer; or 5
(b) otherwise-- 6
(i) the magistrate must tell the authorised officer the 7
date and time the warrant is issued and the other 8
terms of the warrant; and 9
(ii) the authorised officer must complete a form of 10
warrant, including by writing on it-- 11
(A) the magistrate's name; and 12
(B) the date and time the magistrate issued the 13
warrant; and 14
(C) the other terms of the warrant. 15
(5) The copy of the warrant mentioned in subsection (4)(a), or the 16
form of warrant completed under subsection (4)(b) (in either 17
case the duplicate warrant), is a duplicate of, and as effectual 18
as, the original warrant. 19
(6) The authorised officer must, at the first reasonable 20
opportunity, send to the magistrate-- 21
(a) the written application complying with section 50(2) 22
and (3); and 23
(b) if the authorised officer completed a form of warrant 24
under subsection (4)(b)--the completed form of 25
warrant. 26
(7) The magistrate must keep the original warrant and, on 27
receiving the documents under subsection (6)-- 28
(a) attach the documents to the original warrant; and 29
(b) give the original warrant and documents to the clerk of 30
the court of the relevant magistrates court. 31
(8) Despite subsection (5), if-- 32
(a) an issue arises in a proceeding about whether an 33
exercise of a power was authorised by a warrant issued 34
under this section; and 35
s 53 34 s 54
Community Services Bill 2006
(b) the original warrant is not produced in evidence; 1
the onus of proof is on the person relying on the lawfulness of 2
the exercise of the power to prove a warrant authorised the 3
exercise of the power. 4
(9) This section does not limit section 50. 5
(10) In this section-- 6
relevant magistrates court, in relation to a magistrate, means 7
the Magistrates Court that the magistrate constitutes under the 8
Magistrates Act 1991. 9
53 Defect in relation to a warrant 10
(1) A warrant is not invalidated by a defect in the warrant, or in 11
compliance with section 50, 51 or 52, unless the defect affects 12
the substance of the warrant in a material particular. 13
(2) In this section-- 14
warrant includes a duplicate warrant mentioned in section 15
52(5). 16
54 Warrants--procedure before entry 17
(1) This section applies if an authorised officer named in a 18
warrant issued under this part for a place is intending to enter 19
the place under the warrant. 20
(2) Before entering the place, the authorised officer must do or 21
make a reasonable attempt to do the following things-- 22
(a) identify himself or herself to a person present at the 23
place who is an occupier of the place by producing a 24
copy of the authorised officer's identity card or other 25
document evidencing the appointment; 26
(b) give the person a copy of the warrant; 27
(c) tell the person the authorised officer is permitted by the 28
warrant to enter the place; 29
(d) give the person an opportunity to allow the authorised 30
officer immediate entry to the place without using force. 31
s 55 35 s 55
Community Services Bill 2006
(3) However, the authorised officer need not comply with 1
subsection (2) if the authorised officer believes on reasonable 2
grounds that immediate entry to the place is required to ensure 3
the effective execution of the warrant is not frustrated. 4
(4) In this section-- 5
warrant includes a duplicate warrant mentioned in section 6
52(5). 7
Subdivision 3 Powers after entry 8
55 General powers after entering a place 9
(1) This section applies to an authorised officer who enters a 10
place. 11
(2) However, if an authorised officer enters a place to get an 12
occupier's consent to enter the place, this section applies to 13
the officer only if the consent is given or the entry is otherwise 14
authorised. 15
(3) The authorised officer may do any of the following-- 16
(a) search any part of the place; 17
(b) inspect, measure, test, photograph or film any part of the 18
place or anything at the place; 19
(c) take a thing, or a sample of or from a thing, at the place 20
for analysis or testing; 21
(d) copy a document at the place or take the document to 22
another place to copy it; 23
(e) take into or onto the place any person, equipment and 24
materials the officer reasonably requires for the exercise 25
of a power under this part; 26
(f) confer alone with a person at the place; 27
(g) require a person at the place to give the authorised 28
officer reasonable help to exercise the authorised 29
officer's powers under paragraphs (a) to (f); 30
s 56 36 s 58
Community Services Bill 2006
(h) require a person at the place to answer questions by the 1
authorised officer to help the authorised officer ascertain 2
whether this Act is being or has been complied with. 3
(4) When making a requirement mentioned in subsection (3)(g) 4
or (h), the authorised officer must warn the person it is an 5
offence to fail to comply with the requirement, unless the 6
person has a reasonable excuse. 7
(5) If an authorised officer takes a document from a place to copy 8
it, the document must be copied as soon as practicable and 9
returned to the place. 10
56 Failure to help authorised officer 11
(1) A person required to give reasonable help under section 12
55(3)(g) must comply with the requirement, unless the person 13
has a reasonable excuse. 14
Maximum penalty--40 penalty units. 15
(2) It is a reasonable excuse for the person to fail to comply with 16
the requirement that complying with the requirement might 17
tend to incriminate the person. 18
57 Failure to answer questions 19
(1) A person of whom a requirement is made under section 20
55(3)(h) must comply with the requirement, unless the person 21
has a reasonable excuse. 22
Maximum penalty--40 penalty units. 23
(2) It is a reasonable excuse for the person to fail to comply with 24
the requirement that complying with the requirement might 25
tend to incriminate the person. 26
Division 4 Power to require information 27
58 Notice under s 59 may relate to use of assistance 28
Without limiting section 37, a notice under section 59 may 29
relate to the use of assistance provided under this Act to a 30
funded service provider. 31
s 59 37 s 59
Community Services Bill 2006
59 Power to require information or documents 1
(1) The chief executive or an authorised officer may, by notice 2
given to a person, require the person to-- 3
(a) give to the chief executive or an authorised officer, 4
either orally or in writing, information in the person's 5
knowledge about a stated matter within a stated 6
reasonable time and in a stated reasonable way; or 7
(b) give to the chief executive or an authorised officer, 8
within a stated reasonable time and in a stated 9
reasonable way, a document about a stated matter in the 10
person's possession or control. 11
12
Note--
13
The powers in this division are limited by division 1.
(2) The chief executive or authorised officer may keep a 14
document mentioned in subsection (1)(b) to copy it. 15
(3) If the chief executive or authorised officer copies the 16
document, or an entry in the document, the chief executive or 17
officer may require the person who has possession or control 18
of the document to certify the copy as a true copy of the 19
document or entry. 20
(4) The chief executive or authorised officer must return the 21
document to the person as soon as practicable after copying it. 22
(5) A person of whom a requirement is made under subsection (1) 23
or (3) must comply with the requirement, unless the person 24
has a reasonable excuse. 25
Maximum penalty--50 penalty units. 26
(6) It is a reasonable excuse for the person to fail to comply with a 27
requirement made under subsection (1) or (3) that complying 28
with the requirement might tend to incriminate the person. 29
(7) If a court convicts a person of an offence against subsection 30
(5), the court may also order the person to give to the chief 31
executive or a stated authorised officer, within a stated time 32
and in a stated way, information or a document to which the 33
requirement related. 34
s 60 38 s 61
Community Services Bill 2006
Division 5 Other matters 1
60 Notice of damage 2
(1) This section applies if-- 3
(a) an authorised officer damages property when exercising 4
or purporting to exercise a power; or 5
(b) a person (the other person) acting under the direction or 6
authority of an authorised officer damages property. 7
(2) The authorised officer must immediately give notice of 8
particulars of the damage to a person who appears to the 9
authorised officer to be an owner of the property. 10
(3) If the authorised officer believes the damage was caused by a 11
latent defect in the property or circumstances beyond the 12
authorised officer's or other person's control, the authorised 13
officer may state the belief in the notice. 14
(4) If, for any reason, it is impracticable to comply with 15
subsection (2), the authorised officer must leave the notice in a 16
conspicuous position and in a reasonably secure way where 17
the damage happened. 18
(5) This section does not apply to damage the authorised officer 19
reasonably believes is trivial. 20
(6) In this section-- 21
owner, of property, includes a person in possession or control 22
of it. 23
61 Compensation 24
(1) If a person incurs loss or expense because of the exercise or 25
purported exercise of a power under division 3, subdivision 1 26
or 32, the person may claim compensation from the chief 27
executive. 28
2 Division 3 (Powers of authorised officers), subdivision 1 (Entry of places) or
subdivision 3 (Powers after entry)
s 62 39 s 63
Community Services Bill 2006
(2) Without limiting subsection (1), compensation may also be 1
claimed for loss or expense incurred in complying with a 2
requirement made of the person under this part. 3
(3) Compensation may be claimed and ordered to be paid in a 4
proceeding-- 5
(a) brought in a court with jurisdiction for the recovery of 6
the amount of compensation claimed; or 7
(b) for an offence against this Act brought against the 8
person claiming compensation. 9
(4) A court may order compensation to be paid only if it is 10
satisfied it is just to make the order in the circumstances of the 11
particular case. 12
62 False or misleading statements 13
A person must not state anything to the chief executive or an 14
authorised officer that the person knows is false or misleading 15
in a material particular. 16
Maximum penalty--40 penalty units. 17
63 False or misleading documents 18
(1) A person must not give the chief executive or an authorised 19
officer a document containing information that the person 20
knows is false or misleading in a material particular. 21
Maximum penalty--40 penalty units. 22
(2) Subsection (1) does not apply to a person if the person, when 23
giving the document-- 24
(a) tells the chief executive or authorised officer, to the best 25
of the person's ability, how it is false or misleading; and 26
(b) if the person has, or can reasonably obtain, the correct 27
information--gives the correct information. 28
s 64 40 s 66
Community Services Bill 2006
64 Obstructing an authorised officer 1
(1) A person must not obstruct an authorised officer in the 2
exercise of a power, unless the person has a reasonable 3
excuse. 4
Maximum penalty--40 penalty units. 5
(2) If a person has obstructed an authorised officer and the officer 6
decides to proceed with the exercise of the power, the officer 7
must warn the person that-- 8
(a) it is an offence to obstruct the officer, unless the person 9
has a reasonable excuse; and 10
(b) the officer considers the person's conduct an 11
obstruction. 12
65 Impersonation of an authorised officer 13
A person must not pretend to be an authorised officer. 14
Maximum penalty--40 penalty units. 15
Part 7 Interim manager 16
Division 1 Preliminary 17
66 Main purpose of pt 7 18
(1) The main purpose of this part is to provide for the 19
appointment of an interim manager to ensure the proper and 20
efficient delivery of services provided under a service 21
agreement with a funded service provider. 22
(2) Before making the appointment, the chief executive must 23
consider whether it would be more appropriate to take action 24
other than the appointment, or not to take any action. 25
s 67 41 s 68
Community Services Bill 2006
Division 2 Appointment 1
67 Appointment 2
The chief executive may appoint a person as interim manager 3
for a funded service provider receiving assistance other than 4
assistance that is one-off funding. 5
68 Basis for appointment 6
(1) The chief executive may make the appointment only if the 7
chief executive is satisfied the appointment is reasonably 8
necessary to ensure the proper and efficient use of funds under 9
the service agreement with the service provider. 10
(2) In deciding whether the appointment is reasonably necessary, 11
the chief executive may have regard to all of the following 12
matters-- 13
(a) the type of community services provided by the service 14
provider; 15
(b) the amount of assistance given to the service provider; 16
(c) whether the chief executive has suspended or stopped 17
assistance to the service provider or is likely to suspend 18
or stop assistance; 19
(d) whether it appears the service provider is-- 20
(i) unwilling or unable to provide community services 21
to which the service agreement relates; or 22
(ii) providing community services in a way that does 23
not comply with the service agreement or the 24
standards; 25
(e) the likely consequences if community services are not 26
provided or not provided in a way that complies with the 27
service agreement with the service provider or the 28
standards; 29
(f) whether the service provider is receiving assistance 30
from another source; 31
s 69 42 s 70
Community Services Bill 2006
(g) the likely consequences of the appointment, of which 1
the chief executive is aware, for the service provider and 2
anyone else likely to be affected by the appointment; 3
(h) any other relevant matter of which the chief executive is 4
aware. 5
69 Suitability of proposed appointee 6
(1) The chief executive may make the appointment only if the 7
chief executive is satisfied the proposed appointee is suitable 8
for the appointment under this section. 9
(2) In deciding whether a person is suitable for the appointment, 10
the chief executive must have regard to the following 11
matters-- 12
(a) the type of community services provided by the funded 13
service provider; 14
(b) the reason for the appointment; 15
(c) the person's expertise or experience relevant to the 16
appointment; 17
(d) any conflict of interest that may arise in the course of the 18
person acting as interim manager; 19
(e) any other relevant matter of which the chief executive is 20
aware. 21
(3) A person who has agreed to a proposed appointment must 22
advise the chief executive, before the appointment is made, 23
whether the person is aware of a conflict of interest that may 24
arise in the course of the person acting as interim manager. 25
Maximum penalty--40 penalty units. 26
(4) Only an adult may be appointed as interim manager. 27
70 Terms of appointment 28
An appointment of a person as interim manager of a funded 29
service provider must state the following matters-- 30
(a) the person's name; 31
(b) details of the service provider; 32
s 71 43 s 73
Community Services Bill 2006
(c) the community services to be provided; 1
(d) the way in which, or the extent to which, the community 2
services are to be provided; 3
(e) details of the person's function as interim manager; 4
(f) any limitations on the person's powers as interim 5
manager; 6
(g) the period of the appointment; 7
(h) any conditions of the appointment; 8
(i) anything else the chief executive considers appropriate. 9
71 Notice to funded service provider about appointment 10
Immediately after appointing a person as interim manager of a 11
funded service provider, the chief executive must give a copy 12
of the appointment to the service provider. 13
72 Informing persons using community services about 14
appointment 15
The chief executive may direct the interim manager to inform 16
persons using community services provided by the funded 17
service provider of the appointment before the interim 18
manager exercises a power under this part, for example, by-- 19
(a) giving a notice of the appointment to persons using 20
community services provided by the service provider; or 21
(b) posting notice of the appointment at a place at the 22
premises of the service provider where it is likely to be 23
seen by persons using community services provided by 24
the service provider; or 25
(c) directing the interim manager to inform persons using 26
community services provided by the service provider 27
about the appointment in an appropriate way. 28
73 Initial period of appointment 29
An interim manager may be appointed for a period of not 30
more than 3 months. 31
s 74 44 s 75
Community Services Bill 2006
74 Variation of appointment 1
(1) After an interim manager starts to carry out the manager's 2
function, the chief executive may, by notice-- 3
(a) extend the period of the appointment; or 4
(b) vary the appointment in another way. 5
(2) The chief executive may extend the period of the appointment 6
if the chief executive is satisfied the extension is reasonably 7
necessary in all the circumstances. 8
(3) The period of the appointment may be extended more than 9
once. 10
(4) However-- 11
(a) the period of an extension must not be more than 3 12
months; and 13
(b) the total period of the initial appointment and any 14
extension or extensions must not be more than 6 15
months. 16
(5) The chief executive may vary the appointment in a way other 17
than by extending the period of the appointment if the chief 18
executive is satisfied the variation is appropriate, having 19
regard to-- 20
(a) the matters stated in section 68; and 21
(b) the operation of the funded service provider since the 22
appointment started. 23
(6) If the appointment is varied under this section, the chief 24
executive must ensure notice of the variation is given to the 25
service provider. 26
75 Ending of appointment 27
(1) The chief executive may, by notice given to an interim 28
manager, end the manager's appointment at any time before 29
the end of the period of appointment if the chief executive is 30
satisfied the appointment is no longer appropriate, having 31
regard to the matters stated in section 68. 32
(2) Immediately after ending an appointment under subsection 33
(1), the chief executive-- 34
s 76 45 s 78
Community Services Bill 2006
(a) must give notice about the ending of the appointment to 1
the funded service provider; and 2
(b) may inform persons using community services provided 3
by the service provider about the ending of the 4
appointment in the way the chief executive considers 5
appropriate. 6
Division 3 Function and powers 7
76 Application of div 3 8
This division applies to a person appointed as interim 9
manager of a funded service provider. 10
77 Interim manager's function 11
The interim manager's function is, under the terms of the 12
appointment-- 13
(a) to ensure the proper and efficient use of assistance under 14
the service agreement with the funded service provider; 15
and 16
(b) to provide community services that the funded service 17
provider has agreed to provide under the service 18
agreement. 19
78 Interim manager's powers 20
So far as is necessary to carry out his or her function, an 21
interim manager appointed to a funded service provider-- 22
(a) may enter any part of the service provider's premises; 23
and 24
(b) may use the facilities or things in the premises that it 25
appears are intended for use, or are ordinarily used, to 26
provide community services; and 27
(c) may ask for and accept payments owing to the service 28
provider; and 29
s 79 46 s 83
Community Services Bill 2006
(d) may do anything in relation to a service agreement, on 1
behalf of the service provider, that the service provider 2
is permitted or required to do. 3
79 Direction by chief executive 4
An interim manager is subject to the chief executive's 5
direction in performing the interim managers's function and 6
exercising the powers given under this part. 7
80 Other powers 8
The interim manager has the other powers of the funded 9
service provider that are necessary or convenient to carry out 10
the manager's function. 11
12
Example--
13
It may be necessary for the interim manager to carry out repairs to the
14
funded service provider's property.
81 Limitation on powers under instrument of appointment 15
A power conferred on the interim manager under this part 16
applies subject to any limitation stated in the instrument of 17
appointment. 18
82 Production of instrument of appointment for inspection 19
(1) This section applies if-- 20
(a) the interim manager is exercising, or proposes to 21
exercise, a power given under this part in relation to a 22
person; and 23
(b) the person asks the manager to produce the manager's 24
instrument of appointment for the person's inspection. 25
(2) The manager must comply with the request. 26
83 Obstruction 27
(1) A person must not obstruct an interim manager in the exercise 28
of a power, unless the person has a reasonable excuse. 29
s 84 47 s 85
Community Services Bill 2006
Maximum penalty--40 penalty units. 1
(2) If a person has obstructed an interim manager and the 2
manager decides to proceed with the exercise of the power, 3
the manager must warn the person that-- 4
(a) it is an offence to obstruct the manager, unless the 5
person has a reasonable excuse; and 6
(b) the manager considers the person's conduct an 7
obstruction. 8
Division 4 Other matters 9
84 Access to information or documents 10
(1) The interim manager may ask an executive officer of the 11
funded service provider for information or documents that the 12
manager reasonably needs to carry out the manager's 13
function. 14
(2) The chief executive may disclose information to an interim 15
manager, or give an interim manager access to documents, to 16
the extent the chief executive considers appropriate for the 17
purpose of the manager's appointment. 18
85 Confidentiality 19
(1) This section applies to a person-- 20
(a) who is, or has been, appointed as interim manager of a 21
funded service provider; and 22
(b) who, in the course of the appointment or because of an 23
opportunity provided by the appointment, has gained or 24
has access to confidential information about the service 25
provider or someone else. 26
(2) The person must not disclose the information to anyone else 27
or give access to the information to anyone else, other than-- 28
(a) for a purpose of this part; or 29
(b) under section 88; or 30
s 86 48 s 88
Community Services Bill 2006
(c) with the consent of the service provider or other person 1
to whom the information relates; or 2
(d) in compliance with lawful process requiring production 3
of documents or giving of evidence before a court or 4
tribunal; or 5
(e) as expressly permitted or required by another Act. 6
Maximum penalty--40 penalty units. 7
86 Remuneration 8
An interim manager is entitled to be paid the reasonable 9
amount of remuneration agreed with the chief executive. 10
87 Funded service provider liable for remuneration and 11
other costs 12
(1) If an interim manager is appointed to a funded service 13
provider, the chief executive may give the service provider a 14
written demand for the amount of an administration cost. 15
(2) The chief executive may recover the amount as a debt owed to 16
the State. 17
(3) In this section-- 18
administration cost means the remuneration paid to the 19
interim manager and any other reasonable cost incurred in 20
carrying out the manager's function. 21
88 Accounts and reports 22
(1) An interim manager appointed to a funded service provider 23
must give to the chief executive-- 24
(a) records of all amounts received or paid in the course of 25
the appointment; and 26
(b) the other reports about the administration that the chief 27
executive requires. 28
(2) The records and other reports must be given as soon as 29
possible after the end of the appointment or, if required by the 30
chief executive at a time during the appointment, at that time. 31
s 89 49 s 91
Community Services Bill 2006
(3) The chief executive must give a copy of each record or report 1
to the service provider. 2
89 Compensation 3
(1) A person may claim compensation from the chief executive if 4
the person incurs loss or damage because of the exercise or 5
purported exercise of a power under this part. 6
(2) Compensation may be claimed and ordered to be paid in a 7
proceeding brought in a court with jurisdiction for the 8
recovery of the amount of compensation claimed. 9
(3) A court may order compensation to be paid only if satisfied it 10
is just to make the order in the circumstances of the particular 11
case. 12
Part 8 Reviews and appeals 13
Division 1 Reviewable decisions 14
90 Reviewable decisions 15
Schedule 1 states-- 16
(a) decisions of the chief executive under this Act that are 17
reviewable decisions; and 18
(b) for each reviewable decision, the person who may seek 19
to have the decision reviewed under this part (the 20
interested person). 21
91 Chief executive must give notice after making reviewable 22
decision 23
(1) Immediately after making a reviewable decision, the chief 24
executive must give to the interested person a notice stating-- 25
(a) the decision; and 26
(b) the reasons for the decision; and 27
s 92 50 s 93
Community Services Bill 2006
(c) that, within 28 days after receiving the notice, the 1
interested person may apply to the chief executive for a 2
review of the decision; and 3
(d) how the interested person may apply for the review; and 4
(e) that, if the interested person applies for a review of the 5
decision and the matter is not resolved on the review, the 6
interested person may appeal against the decision on 7
review to the tribunal. 8
(2) Subsection (1) does not apply if the chief executive can not 9
locate the interested person after making reasonable enquiries. 10
Division 2 Review of decision 11
92 Application for review 12
(1) This section applies to the interested person for a reviewable 13
decision. 14
(2) Within 28 days after the interested person receives a notice 15
under section 91 about the decision, the interested person may 16
apply to the chief executive to review the decision. 17
(3) The chief executive may extend the time for applying for the 18
review. 19
(4) Also, the interested person may apply to the chief executive to 20
review the decision if the chief executive has not given the 21
interested person a notice under section 91 about the decision. 22
(5) The application must be in the approved form and supported 23
by enough information to enable the chief executive to decide 24
the application. 25
93 Stay of operation of original decision 26
(1) An application under section 92 for review of a decision does 27
not stay the decision. 28
(2) However, before the decision takes effect, the chief executive 29
may, by notice given to the interested person, stay the 30
operation of the decision for a stated period. 31
s 94 51 s 94
Community Services Bill 2006
(3) Also, whether or not the interested person has asked the chief 1
executive to stay the operation of the decision, the interested 2
person may apply to the tribunal for a stay of the decision. 3
(4) The chief executive or the tribunal may stay the decision to 4
secure the effectiveness of the review and any later appeal to 5
the tribunal. 6
(5) The stay may be granted on conditions the chief executive or 7
tribunal considers appropriate and has effect for the period 8
stated by the chief executive or the tribunal. 9
(6) The period of the stay must not extend past the time when the 10
chief executive makes the review decision and any later period 11
the chief executive or tribunal allows to enable the interested 12
person to appeal against the review decision. 13
94 Review decision 14
(1) This section applies to an application under section 92 for 15
review of a decision (the original decision). 16
(2) Unless the chief executive made the original decision 17
personally, the chief executive must ensure the application is 18
not dealt with by-- 19
(a) the person who made the original decision; or 20
(b) a person in a less senior office than the person who 21
made the original decision. 22
(3) Within 28 days after receiving the application, the chief 23
executive must review the original decision and make a 24
decision (the review decision)-- 25
(a) confirming the original decision; or 26
(b) amending the original decision; or 27
(c) substituting another decision for the original decision. 28
(4) Immediately after deciding the application, the chief executive 29
must give the interested person a notice stating-- 30
(a) the review decision; and 31
(b) the reasons for the review decision; and 32
s 95 52 s 96
Community Services Bill 2006
(c) that, within 28 days after receiving the notice, the 1
interested person may appeal against the review 2
decision to the tribunal; and 3
(d) how the interested person may appeal. 4
(5) If the chief executive does not decide the application within 5
28 days after receiving it, the chief executive is taken to have 6
made a review decision confirming the original decision. 7
Division 3 Appeal against review decision 8
95 Appeal against review decision 9
(1) Within 28 days after receiving a decision notice for a review 10
decision, the interested person for the decision may appeal 11
against the decision to the tribunal. 12
13
Note--
14
The Commercial and Consumer Tribunal Act 2003, section 31, states
15
how to start a proceeding for a matter for which the tribunal has
16
jurisdiction.
(2) Also, if the chief executive has made a review decision but has 17
not given the interested person a decision notice for the 18
decision, the interested person for the decision may appeal 19
against the decision to the tribunal. 20
(3) If the interested person has received a decision notice for the 21
review decision, the application filed in the tribunal to start the 22
appeal must be accompanied by a copy of the decision notice. 23
(4) In this section-- 24
decision notice, for a review decision, means a notice under 25
section 94(4) about the decision. 26
96 Appeal is by way of rehearing 27
The appeal to the tribunal is by way of rehearing on the 28
evidence that was before the chief executive. 29
s 97 53 s 100
Community Services Bill 2006
Part 9 Screening of persons engaged 1
by the department 2
Division 1 Preliminary 3
97 Main purpose of pt 9 4
The main purpose of this part is to enable the chief executive 5
to obtain the criminal history of, and related information 6
about, persons engaged or to be engaged by the department. 7
98 Persons engaged by the department 8
Each of the following persons is engaged by the 9
department-- 10
(a) a public service employee working in the department; 11
(b) a contractor working in the department in the 12
administration of an Act administered by the Minister; 13
(c) a person working in the department as a volunteer or as 14
a student on work experience. 15
99 This part applies despite the Criminal Law (Rehabilitation 16
of Offenders) Act 1986 17
This part applies to a person despite anything in the Criminal 18
Law (Rehabilitation of Offenders) Act 1986. 19
100 Chief executive to advise of duties of disclosure etc. 20
Before a person is engaged by the department, the chief 21
executive must tell the person-- 22
(a) of the person's duties of disclosure under this part; and 23
s 101 54 s 101
Community Services Bill 2006
(b) that the chief executive may obtain the information 1
about the person mentioned in section 106;3 and 2
(c) that guidelines for dealing with information obtained by 3
the chief executive under this part are available from the 4
chief executive on request. 5
Division 2 Interpretation 6
101 What is a serious offence 7
(1) A serious offence is-- 8
(a) for each Act mentioned in schedule 2, an offence against 9
a provision mentioned in column 1 of that schedule for 10
that Act, subject to any limitation relating to the 11
provision mentioned opposite in column 3; or 12
(b) an offence of counselling or procuring the commission 13
of, or attempting or conspiring to commit, an offence 14
mentioned in paragraph (a); or 15
(c) an offence against a provision mentioned in schedule 3 16
that is an expired or repealed provision of the Criminal 17
Code, subject to any qualification relating to the 18
provision mentioned opposite in column 3; or 19
(d) an offence against a law at any time of another 20
jurisdiction that substantially corresponds to an offence 21
mentioned in paragraph (a), (b) or (c); or 22
(e) an offence that is a class 1 or 2 offence as defined under 23
the Child Protection (Offender Reporting) Act 2004 that 24
is not otherwise a serious offence under this subsection. 25
26
Note--
27
Column 2 in schedules 2 and 3 is included for information purposes
28
only and states a section heading for the provision mentioned opposite
29
in column 1.
(2) For this section, it is immaterial if a provision mentioned in 30
schedule 2 or 3, column 1, for an Act has been amended from 31
3 Section 106 (Chief executive may obtain report from commissioner of the police
service)
s 102 55 s 104
Community Services Bill 2006
time to time or that the provision was previously numbered 1
with a different number. 2
Division 3 Disclosure of criminal history 3
102 Persons seeking to be engaged by the department must 4
disclose criminal history 5
A person seeking to be engaged by the department must 6
disclose to the chief executive, before being engaged-- 7
(a) whether or not the person has a criminal history; and 8
(b) if the person has a criminal history, the person's 9
complete criminal history. 10
103 Persons engaged by the department must disclose 11
changes in criminal history 12
(1) If there is a change in the criminal history of a person engaged 13
by the department, the person must immediately disclose to 14
the chief executive the details of the change. 15
(2) For a person who does not have a criminal history, there is 16
taken to be a change in the person's criminal history if the 17
person acquires a criminal history. 18
104 Requirements for disclosure 19
(1) To comply with section 102 or 103, a person must give the 20
chief executive a disclosure in the approved form. 21
(2) The information disclosed by a person about a conviction or 22
charge of an offence in the person's criminal history must 23
include-- 24
(a) the existence of the conviction or charge; and 25
(b) when the offence was committed or alleged to have been 26
committed; and 27
(c) the details of the offence or alleged offence; and 28
(d) for a conviction--whether or not a conviction was 29
recorded and the sentence imposed on the person. 30
s 105 56 s 106
Community Services Bill 2006
105 False or misleading disclosure or failure to disclose 1
(1) A person must not-- 2
(a) give the chief executive a disclosure for the purposes of 3
this division that is false or misleading in a material 4
particular; or 5
(b) fail to give the chief executive a disclosure as required 6
under section 103, unless the person has a reasonable 7
excuse. 8
Maximum penalty--100 penalty units or 2 years 9
imprisonment. 10
(2) Subsection (1)(a) does not apply to a person who, when 11
giving the disclosure-- 12
(a) informs the chief executive, to the best of the person's 13
ability, how it is false or misleading; and 14
(b) gives the correct information to the chief executive if the 15
person has, or can reasonably obtain, the correct 16
information. 17
Division 4 Chief executive may obtain 18
information 19
106 Chief executive may obtain report from commissioner of 20
the police service 21
(1) This section applies to a person who-- 22
(a) is engaged by the department; or 23
(b) seeks to be engaged by the department and has given the 24
chief executive a disclosure for the purposes of division 25
3. 26
(2) The chief executive may ask the commissioner of the police 27
service to give the chief executive the following information 28
about the person-- 29
(a) a written report about the person's criminal history; 30
(b) a brief description of the circumstances of a conviction 31
or charge mentioned in the person's criminal history; 32
s 107 57 s 107
Community Services Bill 2006
(c) information about an investigation relating to the 1
possible commission of a serious offence by the person. 2
(3) Subject to subsections (4) and (5), the commissioner of the 3
police service must comply with the request. 4
(4) The duty imposed on the commissioner of the police service 5
to comply with the request-- 6
(a) applies only to information in the commissioner's 7
possession or to which the commissioner has access; 8
and 9
(b) in relation to information mentioned in subsection 10
(2)(c)--applies only to information recorded on a 11
central electronic database kept by the commissioner. 12
(5) The commissioner of the police service must not give 13
information about an investigation relating to the possible 14
commission of a serious offence by the person if-- 15
(a) the commissioner is reasonably satisfied that giving the 16
information-- 17
(i) may prejudice or otherwise hinder an investigation 18
to which the information may be relevant; or 19
(ii) may lead to the identification of an informant; or 20
(iii) may affect the safety of a police officer, 21
complainant or other person; or 22
(b) for an investigation that has been completed--the 23
investigation has not led, and the commissioner is 24
reasonably satisfied it is unlikely to lead, to a reasonable 25
suspicion that the person committed a serious offence; 26
or 27
(c) for an investigation that has not been completed--the 28
commissioner is reasonably satisfied the investigation is 29
unlikely to lead to a reasonable suspicion that the person 30
committed a serious offence. 31
107 Prosecuting authority to notify chief executive about 32
committal, conviction etc. 33
(1) This section applies if a person is charged with an indictable 34
offence and the commissioner of the police service or the 35
s 107 58 s 107
Community Services Bill 2006
director of public prosecutions (a prosecuting authority) is 1
aware that the person is engaged by the department. 2
(2) If the person is committed by a court for trial for an indictable 3
offence, the prosecuting authority must, within 7 days after 4
the committal, give notice to the chief executive of the 5
following-- 6
(a) the person's name; 7
(b) the court; 8
(c) particulars of the offence; 9
(d) the date of the committal; 10
(e) the court to which the person was committed. 11
(3) If the person is convicted before a court of an indictable 12
offence, the prosecuting authority must, within 7 days after 13
the conviction, give notice to the chief executive of the 14
following-- 15
(a) the person's name; 16
(b) the court; 17
(c) particulars of the offence; 18
(d) the date of the conviction; 19
(e) the sentence imposed by the court. 20
(4) If the person is convicted of an indictable offence, and has 21
appealed the conviction, and the appeal is finally decided or 22
has otherwise ended, the prosecuting authority must, within 7 23
days after the decision or the day the appeal otherwise ends, 24
give notice to the chief executive of the following-- 25
(a) the person's name; 26
(b) particulars of the offence; 27
(c) the date of the decision or other ending of the appeal; 28
(d) if the appeal was decided-- 29
(i) the court in which it was decided; and 30
(ii) particulars of the decision. 31
(5) If the prosecution process ends without the person being 32
convicted of an indictable offence, the prosecuting authority 33
s 108 59 s 108
Community Services Bill 2006
must, within 7 days after the end, give notice to the chief 1
executive about the following-- 2
(a) the person's name; 3
(b) if relevant, the court in which the prosecution process 4
ended; 5
(c) particulars of the offence; 6
(d) the date the prosecution process ended. 7
(6) For subsection (5), a prosecution process ends if-- 8
(a) an indictment is presented against the person and-- 9
(i) a nolle prosequi is entered on the indictment; or 10
(ii) the person is acquitted; or 11
(b) the prosecution process has otherwise ended. 12
Division 5 Controls on use of information 13
108 Use of information obtained under this part 14
(1) This section applies to the chief executive in considering 15
information about a person received under this part. 16
(2) The information must not be used for any purpose other than 17
assessing the person's suitability to be, or continue to be, 18
engaged by the department. 19
(3) When making the assessment, the chief executive must have 20
regard to the following matters relating to information about 21
the commission, or alleged or possible commission, of an 22
offence by the person-- 23
(a) when the offence was committed, is alleged to have 24
been committed or may possibly have been committed; 25
(b) the nature of the offence and its relevance to the person's 26
proposed duties or duties under the sought engagement 27
or engagement; 28
(c) anything else the chief executive considers relevant to 29
the assessment of the person. 30
s 109 60 s 110
Community Services Bill 2006
109 Person to be advised of information obtained 1
(1) This section applies to information obtained by the chief 2
executive about a person, under this part, from the 3
commissioner of the police service. 4
(2) Before using the information to assess the person's suitability 5
to be, or continue to be, engaged by the department, the chief 6
executive must-- 7
(a) disclose the information to the person; and 8
(b) allow the person a reasonable opportunity to make 9
representations to the chief executive about the 10
information. 11
110 Guidelines for dealing with information 12
(1) The chief executive must make guidelines, consistent with 13
this Act, for dealing with information obtained by the chief 14
executive under this part. 15
(2) The purpose of the guidelines is to ensure-- 16
(a) natural justice is afforded to the persons about whom the 17
information is obtained; and 18
(b) only relevant information is used in assessing the 19
persons' suitability to be, or continue to be, engaged by 20
the department; and 21
(c) decisions about the suitability of persons, based on the 22
information, are made consistently. 23
(3) The chief executive must give a copy of the guidelines, on 24
request, to a person seeking to be engaged, or engaged, by the 25
department. 26
s 111 61 s 114
Community Services Bill 2006
Part 10 Legal proceedings 1
Division 1 Application 2
111 Application of pt 10 3
This part applies to a proceeding under this Act. 4
Division 2 Evidence 5
112 Appointments and authority 6
The following must be presumed unless a party to the 7
proceeding, by reasonable notice, requires proof of it-- 8
(a) the chief executive's appointment; 9
(b) an authorised officer's appointment; 10
(c) the authority of the chief executive or an authorised 11
officer to do anything under this Act. 12
113 Signatures 13
A signature purporting to be the signature of the chief 14
executive or an authorised officer is evidence of the signature 15
it purports to be. 16
114 Evidentiary provisions 17
(1) A certificate purporting to be signed by the chief executive 18
and stating any of the following matters is evidence of the 19
matter-- 20
(a) a stated document is 1 of the following things made, 21
given, issued or kept under this Act-- 22
(i) an appointment, approval or decision; 23
(ii) a notice or requirement; 24
(iii) a record, or an extract from a record; 25
s 115 62 s 117
Community Services Bill 2006
(b) a stated document is another document kept under this 1
Act; 2
(c) a stated document is a copy of a thing mentioned in 3
paragraph (a) or (b); 4
(d) on a stated day, or during a stated period, an 5
appointment as an authorised officer was, or was not, in 6
force for a stated person; 7
(e) on a stated day, a stated person was given a stated notice 8
under this Act; 9
(f) on a stated day, a stated requirement was made of a 10
stated person. 11
(2) In a complaint starting a proceeding, a statement that the 12
matter of complaint came to the complainant's knowledge on 13
a stated day is evidence of when the matter came to the 14
complainant's knowledge. 15
Division 3 Proceedings 16
115 Proceeding for offences 17
A proceeding for an offence against this Act must be taken in 18
a summary way under the Justices Act 1886. 19
116 When proceeding may start 20
A proceeding for an offence against this Act must start within 21
the later of the following periods to end-- 22
(a) 1 year after the commission of the offence; 23
(b) 6 months after the offence comes to the complainant's 24
knowledge, but within 2 years after the offence is 25
committed. 26
117 Allegations of false or misleading information or 27
document 28
In any proceeding for an offence against this Act defined as 29
involving false or misleading information, or a false or 30
s 118 63 s 120
Community Services Bill 2006
misleading document, it is enough for a charge to state that 1
the information or document was, without specifying which, 2
`false or misleading'. 3
118 Forfeiture on conviction 4
(1) On conviction of a person for an offence against this Act, a 5
court may order the forfeiture to the State of-- 6
(a) anything used to commit the offence; or 7
(b) anything else the subject of the offence. 8
(2) The court may make any order to enforce the forfeiture it 9
considers appropriate. 10
(3) This section does not limit the court's powers under the 11
Penalties and Sentences Act 1992 or another law. 12
119 Dealing with forfeited thing 13
(1) On the forfeiture of a thing to the State, the thing becomes the 14
State's property and may be dealt with by the State as the 15
State considers appropriate. 16
(2) Without limiting subsection (1), the State may destroy the 17
thing. 18
120 Responsibility for acts or omissions of representative 19
(1) This section applies in a proceeding for an offence against this 20
Act. 21
(2) If it is relevant to prove a person's state of mind about a 22
particular act or omission, it is enough to show-- 23
(a) the act was done or omitted to be done by a 24
representative of the person within the scope of the 25
representative's actual or apparent authority; and 26
(b) the representative had the state of mind. 27
(3) An act done or omitted to be done for a person by a 28
representative of the person within the scope of the 29
representative's actual or apparent authority is taken to have 30
been done or omitted to be done also by the person, unless the 31
s 121 64 s 121
Community Services Bill 2006
person proves the person could not, by the exercise of 1
reasonable diligence, have prevented the act or omission. 2
(4) In this section-- 3
representative means-- 4
(a) for a corporation--an executive officer, employee or 5
agent of the corporation; or 6
(b) for an individual--an employee or agent of the 7
individual. 8
state of mind of a person includes-- 9
(a) the person's knowledge, intention, opinion, belief or 10
purpose; and 11
(b) the person's reasons for the intention, opinion, belief or 12
purpose. 13
121 Executive officers must ensure corporation complies 14
with Act 15
(1) The executive officers of a corporation must ensure the 16
corporation complies with this Act. 17
(2) If a corporation commits an offence against a provision of this 18
Act, each of the corporation's executive officers also commits 19
an offence, namely, the offence of failing to ensure the 20
corporation complies with the provision. 21
Maximum penalty--the penalty for the contravention of the 22
provision by an individual. 23
(3) Evidence that the corporation has been convicted of an 24
offence against a provision of this Act is evidence that each of 25
the executive officers committed the offence of failing to 26
ensure the corporation complies with the provision. 27
(4) However, it is a defence for an executive officer to prove-- 28
(a) if the officer was in a position to influence the conduct 29
of the corporation in relation to the offence, the officer 30
exercised reasonable diligence to ensure the corporation 31
complied with the provision; or 32
(b) the officer was not in a position to influence the conduct 33
of the corporation in relation to the offence. 34
s 122 65 s 125
Community Services Bill 2006
Part 11 Miscellaneous 1
122 Advisory committees 2
The Minister may establish advisory committees in order to 3
obtain the views of government entities, individuals, 4
community entities and other non-government entities about 5
community services. 6
123 Dissolution 7
The Minister may dissolve an advisory committee at any time. 8
124 Other matters 9
The Minister may decide matters about an advisory 10
committee that are not provided for under this Act, including, 11
for example, the way a committee must conduct meetings or 12
report to the Minister. 13
125 Confidentiality of information about criminal history and 14
related information 15
(1) This section applies to a person who-- 16
(a) is, or has been, the chief executive, a public service 17
employee, or a selection panel member; and 18
(b) in that capacity acquired information, or gained access 19
to a document, under part 94 about another person's 20
criminal history or about an investigation relating to the 21
possible commission of a serious offence by another 22
person. 23
(2) The person must not disclose the information, or give access 24
to the document, to anyone else. 25
Maximum penalty--100 penalty units or 2 years 26
imprisonment. 27
4 Part 9 (Screening of persons engaged by the department)
s 126 66 s 126
Community Services Bill 2006
(3) Subsection (2) does not apply to the disclosure of information, 1
or giving of access to a document, about a person-- 2
(a) to the chief executive, a public service employee or 3
selection panel member for the purpose of assessing the 4
person's suitability to be, or continue to be, engaged by 5
the department; or 6
(b) if the person is an adult--with the person's consent; or 7
(c) if the disclosure or giving of access is otherwise 8
required under an Act. 9
(4) In this section-- 10
selection panel member means a member of a panel formed 11
to make a recommendation to the chief executive about a 12
person's engagement by the department. 13
126 Duty of confidentiality 14
(1) This section applies to a person-- 15
(a) who is, or has been, the chief executive, a public service 16
employee in the department or an authorised officer; and 17
(b) who, in the course of administering this Act or because 18
of an opportunity provided by involvement in 19
administering this Act, has gained, gains or has access 20
to, confidential information about an individual, other 21
than information mentioned in section 125(1)(b). 22
(2) The person must not make a record of the information, 23
disclose the information to anyone else or give access to the 24
information to anyone else, other than-- 25
(a) for administering, monitoring or enforcing compliance 26
with this Act; or 27
(b) with the consent of the individual to whom the 28
information relates; or 29
(c) in compliance with lawful process requiring production 30
of documents or giving of evidence before a court or 31
tribunal; or 32
s 127 67 s 128
Community Services Bill 2006
(d) as expressly permitted or required under an Act; or 1
(e) to protect an individual receiving community services 2
from a funded service provider from abuse, neglect or 3
exploitation. 4
Maximum penalty--40 penalty units. 5
127 Power to require information or documents 6
(1) The chief executive may give notice to an approved service 7
provider requiring the service provider to give the chief 8
executive, within a stated reasonable time, information or a 9
document relating to a matter mentioned in subsection (2). 10
(2) For subsection (1), the chief executive may require 11
information or a document relating to a matter to which the 12
chief executive may have had regard in deciding whether to 13
approve a service provider as an approved service provider. 14
(3) Also, the chief executive may give notice to a funded service 15
provider requiring the service provider to give the chief 16
executive, within a stated reasonable time, information or a 17
document relating to the provision of community services by 18
the service provider. 19
(4) The approved service provider or the funded service provider 20
must comply with the notice. 21
(5) For a requirement to give a document, the service provider 22
may comply with the requirement by giving a copy of the 23
document certified as a true copy of the document. 24
128 Protection from liability for giving information 25
(1) This section applies to the giving of information to the chief 26
executive, by an approved service provider or a funded service 27
provider under section 127. 28
(2) An approved service provider or funded service provider, or a 29
person on behalf of the provider, may give the information 30
despite any other law that would otherwise prohibit or restrict 31
the giving of the information. 32
(3) If a person, acting honestly on reasonable grounds, gives the 33
information to the chief executive, the person is not liable, 34
s 129 68 s 130
Community Services Bill 2006
civilly, criminally or under an administrative process, for 1
giving the information. 2
(4) Also, merely because the person gives the information, the 3
person can not be held to have-- 4
(a) breached any code of professional etiquette or ethics; or 5
(b) departed from accepted standards of professional 6
conduct. 7
(5) Without limiting subsections (3) and (4)-- 8
(a) in a proceeding for defamation, the person has a defence 9
of absolute privilege for publishing the information; and 10
(b) if the person would otherwise be required to maintain 11
confidentiality about the information under an Act, oath 12
or rule of law or practice, the person-- 13
(i) does not contravene the Act, oath or rule of law or 14
practice by giving the information; and 15
(ii) is not liable to disciplinary action for giving the 16
information. 17
(6) In this section-- 18
information includes a document. 19
129 Chief executive may share information about service 20
provider 21
The chief executive may give information about a funded 22
service provider to-- 23
(a) an entity that provides funding or other assistance to the 24
service provider; or 25
(b) another entity if the chief executive considers the entity 26
has an interest in the proper and efficient delivery of 27
services by the service provider. 28
130 Delegation by Minister or chief executive 29
(1) The Minister or the chief executive may delegate the 30
Minister's or chief executive's functions under this Act to an 31
s 131 69 s 133
Community Services Bill 2006
appropriately qualified person who is a public service 1
employee. 2
(2) In this section-- 3
appropriately qualified includes having the qualifications, 4
experience or standing appropriate to the exercise of the 5
function. 6
7
Example of standing--
8
if a person is a public service employee of the department, the person's
9
classification level in the department
function includes a power. 10
131 Protecting officials from liability 11
(1) An official is not civilly liable for an act done, or omission 12
made, honestly and without negligence under this Act. 13
(2) If subsection (1) prevents a civil liability attaching to an 14
official, the liability attaches instead to the State. 15
(3) In this section-- 16
official means-- 17
(a) the Minister; or 18
(b) the chief executive; or 19
(c) an authorised officer; or 20
(d) a public service employee; or 21
(e) an interim manager; or 22
(f) a person acting under the direction of an official. 23
132 Approval of forms 24
The chief executive may approve forms for use under this Act. 25
133 Service of documents 26
(1) If a document is required or permitted under this Act to be 27
given to a person, the document may be given to the person by 28
fax transmission directed and sent to-- 29
s 134 70 s 136
Community Services Bill 2006
(a) the last fax number given to the giver of the document 1
by the person as the facsimile transmission number for 2
service of documents on the person; or 3
(b) the fax transmission number operated-- 4
(i) at the address of the person last known to the giver 5
of the document; or 6
(ii) if the person is a corporation that has a registered 7
office under the Corporations Act, at that 8
registered office. 9
(2) A document given under subsection (1) is taken to have been 10
given on the day the document is transmitted. 11
134 Regulation-making power 12
(1) The Governor in Council may make regulations under this 13
Act. 14
(2) A regulation made under this Act may-- 15
(a) prescribe fees payable under this Act and the matters for 16
which fees are payable; and 17
(b) impose a penalty of not more than 20 penalty units for a 18
contravention of a provision of a regulation. 19
Part 12 Savings and transitional 20
provisions 21
135 Definitions for pt 12 22
In this part-- 23
commencement means the commencement of this part. 24
136 Certain service providers taken to be approved under 25
part 2 and to be funded service providers 26
(1) This section applies to a service provider that, at the 27
commencement, is providing community services with 28
s 137 71 s 137
Community Services Bill 2006
funding received from the department as a result of a grant 1
under the Family Services Act 1987. 2
(2) The service provider is, from the commencement, taken to 3
be-- 4
(a) an approved service provider for this Act; and 5
(b) a funded service provider for this Act. 6
(3) However, the service provider is not taken to be an approved 7
service provider if the funding was one-off funding. 8
137 When grants under the Family Services Act continue 9
(1) This section applies to a service provider that, at the 10
commencement, is providing community services with 11
funding received from the department as a result of a grant 12
under the Family Services Act 1987. 13
(2) Subject to subsections (3) and (6), the service provider may 14
continue to receive the funding under this Act. 15
(3) Subsection (2) does not apply if the funding was one-off 16
funding. 17
(4) Any conditions to which the grant was subject under the 18
Family Services Act 1987 continue to apply to the funding. 19
(5) If the service provider has, before the commencement, signed 20
an agreement in relation to a grant under the Family Services 21
Act 1987, that agreement-- 22
(a) is taken to be a service agreement under this Act; and 23
(b) is taken to include a show cause process for a breach of 24
the agreement that allows the chief executive to suspend 25
or stop the assistance under the agreement. 26
(6) If the service provider has not signed an agreement in relation 27
to a grant under the Family Services Act 1987 before the 28
commencement, funding must stop 1 year after the 29
commencement unless-- 30
(a) the Minister approves assistance under this Act; and 31
(b) a service agreement is signed by the service provider. 32
s 138 72 s 140
Community Services Bill 2006
(7) No compensation is payable to a service provider if assistance 1
to the service provider stops under subsection (6). 2
138 Other matters 3
(1) Nothing in this Act affects the operation of the Family 4
Services Act 1987, section 11, in relation to a matter started, 5
but not completed, before the commencement. 6
(2) The matter may be completed as if the Family Services Act 7
1987 continued to be administered by the Minister 8
administering this Act. 9
(3) Subsection (4) applies to a service provider that, at the 10
commencement-- 11
(a) is providing community services with funding received 12
from the department as a result of a grant under the 13
Family Services Act 1987; and 14
(b) has not signed an agreement in relation to the grant. 15
(4) Until the service provider signs an agreement under this Act, 16
the Family Services Act 1987, section 11 continues to apply as 17
if that Act continued to be administered by the Minister 18
administering this Act. 19
Part 13 Amendment of Commercial and 20
Consumer Tribunal Act 2003 21
139 Act amended in pt 13 22
This part amends the Commercial and Consumer Tribunal Act 23
2003. 24
140 Amendment of sch 2 (Dictionary) 25
Schedule 2, definition empowering Act-- 26
insert-- 27
`· Community Services Act 2006'. 28
s 141 73 s 142
Community Services Bill 2006
Part 14 Amendment of Young 1
Offenders (Interstate Transfer) 2
Act 1987 3
141 Act amended in pt 14 4
This part amends the Young Offenders (Interstate Transfer) 5
Act 1987. 6
142 Amendment of s 3 (Interpretation) 7
(1) Section 3, definition department, `Family Services Act 8
1987'-- 9
omit, insert-- 10
`Juvenile Justice Act 1992'. 11
(2) Section 3, definition permanent head, `Child Protection Act 12
1999'-- 13
omit, insert-- 14
`Juvenile Justice Act 1992'. 15
74
Community Services Bill 2006
Schedule 1 Reviewable decisions 1
section 90 2
Interested person Reviewable decision
applicant for approval to refuse approval as an approved service
as an approved service provider (s 13(1))
provider
approved service to refuse to cancel approval as an approved
provider service provider (s 16(1))
approved service to cancel approval as an approved service
provider provider (s 17(1))
funded service provider to suspend or stop assistance to a funded
whose assistance is service provider for not complying with a
suspended or stopped compliance notice (s 30(8))
funded service provider to appoint an interim manager for a funded
for which interim service provider (s 67)
manager appointed
75
Community Services Bill 2006
Schedule 2 Current serious offences 1
section 101 2
1 Classification of Computer Games and Images Act 1995 3
Provision Relevant heading Limitation relating to the provision of the
of Act Act
23 Demonstration of
an objectionable
computer game
before a minor
26(3) Possession of
objectionable
computer game
27(3) Making
and (4) objectionable
computer game
28 Obtaining minor
for objectionable
computer game
2 Classification of Films Act 1991 4
Provision Relevant heading Limitation relating to the provision of the
of Act Act
41(3) Possession of
objectionable film
42(3) Making
and (4) objectionable film
43 Procurement of
minor for
objectionable film
76
Community Services Bill 2006
Schedule 2 (continued)
3 Classification of Publications Act 1991 1
Provision Relevant heading Limitation relating to the provision of the
of Act Act
12 Sale etc. of Only if an offender could have been or
could be liable as mentioned in section
prohibited
12, penalty, paragraph (c)
publication or child
abuse photograph
13 Possession of Only if an offender could have been or
could be liable as mentioned in section
prohibited
13, penalty, paragraph (c)
publication
14 Possession of child
abuse publication
or child abuse
photograph
15 Exhibition or
display of
prohibited
publication or child
abuse photograph
16 Leaving prohibited Only if an offender could have been or
could be liable as mentioned in section
publication or child
16, penalty, paragraph (c)
abuse photograph
in or on public
place
17 Producing Only if an offender could have been or
could be liable as mentioned in section
prohibited
17(1), penalty, paragraph (c) or 17(2),
publication
penalty, paragraph (c) or the offence is an
offence under section 17(3) or (4)
77
Community Services Bill 2006
Schedule 2 (continued)
Provision Relevant heading Limitation relating to the provision of the
of Act Act
18 Procurement of
minor for RC
publication or child
abuse photograph
20 Leaving prohibited Only if an offender could have been or
could be liable as mentioned in section
publication or child
20, penalty, paragraph (c)
abuse photograph
in or on private
premises
4 Criminal Code 1
Provision Relevant heading Limitation relating to the provision of the
of Act Act
208 Unlawful sodomy
209 Attempted sodomy
210 Indecent treatment
of children under
16
211 Bestiality
213 Owner etc.
permitting abuse of
children on
premises
215 Carnal knowledge
with or of children
under 16
216 Abuse of
intellectually
impaired persons
78
Community Services Bill 2006
Schedule 2 (continued)
Provision Relevant heading Limitation relating to the provision of the
of Act Act
217 Procuring young
person etc. for
carnal knowledge
218 Procuring sexual
acts by coercion
etc.
218A Using internet etc.
to procure children
under 16
219 Taking child for
immoral purposes
221 Conspiracy to
defile
222 Incest
228 Obscene Only if an offender could have been or
could be liable as mentioned in section
publications and
228(2) or (3)
exhibitions
228A Involving child in
making child
exploitation
material
228B Making child
exploitation
material
228C Distributing child
exploitation
material
228D Possessing child
exploitation
material
79
Community Services Bill 2006
Schedule 2 (continued)
Provision Relevant heading Limitation relating to the provision of the
of Act Act
229B Maintaining a
sexual relationship
with a child
229G Procuring Only if an offender could have been or
could be liable as mentioned in 229G(2)
prostitution
229H Knowingly Only if an offender could have been or
could be liable as mentioned in 229H(2)
participating in
provision of
prostitution
229I Persons found in Only if an offender could have been or
could be liable as mentioned in 229I(2)
places reasonably
suspected of being
used for
prostitution etc.
229L Permitting young
person etc. to be at
place used for
prostitution
300 Unlawful homicide Only if the unlawful killing is murder
under section 302
306 Attempt to murder
309 Conspiring to
murder
313 Killing unborn
child
315 Disabling in order
to commit
indictable offence
316 Stupefying in order
to commit
indictable offence
80
Community Services Bill 2006
Schedule 2 (continued)
Provision Relevant heading Limitation relating to the provision of the
of Act Act
317 Acts intended to
cause grievous
bodily harm and
other malicious
acts
320A Torture
322 Maliciously
administering
poison with intent
to harm
323A Female genital
mutilation
323B Removal of child
from State for
female genital
mutilation
324 Failure to supply
necessaries
326 Endangering life of
children by
exposure
349 Rape
350 Attempt to commit
rape
351 Assault with intent
to commit rape
352 Sexual assaults
354 Kidnapping
354A Kidnapping for
ransom
81
Community Services Bill 2006
Schedule 2 (continued)
Provision Relevant heading Limitation relating to the provision of the
of Act Act
363 Child-stealing
363A Abduction of child
under 16
364 Cruelty to children
under 16
409 Definition of Only if an offender could have been or
robbery could be liable as mentioned in section
411(2)
419 Burglary Only if an offender could have been or
could be liable as mentioned in section
419(3)(b)(i) and (ii)
427 Unlawful entry of Only if an offender could have been or
vehicle for could be liable as mentioned in section
committing 427(2)(b)(i) or (ii)
indictable offence
5 Drugs Misuse Act 1986 1
Provision Relevant heading Limitation relating to the provision of the
of Act Act
5 Trafficking in
dangerous drugs
6 Supplying Only if the offence is one of aggravated
dangerous drugs supply as mentioned in section 6(2)
8 Producing Only if an offender could have been or
dangerous drugs could be liable for a penalty as mentioned
in section 8, penalty, paragraph (a) or (b)
82
Community Services Bill 2006
Schedule 3 Repealed or expired serious 1
offences 2
section 101 3
Criminal Code 4
Provision Relevant heading Qualification relating to the provision of
of Act the Act
212 Defilement of Girls As the provision was in force from time
under Twelve to time before its repeal by the Criminal
Code, Evidence Act and Other Acts
Amendment Act 1989
214 Attempt to Abuse As the provision was in force from time
Girls under Ten to time before its repeal by the Criminal
Code, Evidence Act and Other Acts
Amendment Act 1989
220 Unlawful As the provision was in force from time
Detention with to time before its repeal by the Criminal
Intent to Defile or Code, Evidence Act and Other Acts
in a Brothel Amendment Act 1989
223 Incest by adult As the provision was in force from time
female to time before its repeal by the Criminal
Law Amendment Act 1997
325 Endangering life or As the provision was in force from time
health of to time before its repeal by the Training
apprentices or and Employment Act 2000
servants
83
Community Services Bill 2006
Schedule 3 (continued)
Provision Relevant heading Qualification relating to the provision of
of Act the Act
344 Aggravated As the provision was in force from 20
assaults December 1946 to 30 June 1997 if the
circumstance of aggravation was that the
unlawful assault was an offence of a
sexual nature as defined in the Criminal
Law Amendment Act 1945, section 2A
Note--
The Criminal Law Amendment Act 1945,
section 2A was inserted into the Criminal Law
Amendment Act 1945 by the Criminal Law
Amendment Act 1946.
84
Community Services Bill 2006
Schedule 4 Dictionary 1
section 6 2
accepted representations, for part 5, division 2, see section 3
33(2). 4
adult guardian means the adult guardian appointed under the 5
Guardianship and Administration Act 2000. 6
appeal, against a decision to the tribunal, means apply to the 7
tribunal for a review of the decision. 8
approved form means a form approved by the chief executive 9
under section 132. 10
approved service provider see section 8. 11
assistance means assistance given to a service provider under 12
part 3. 13
authorised officer means a person appointed as an authorised 14
officer under section 40. 15
commencement, for part 12, see section 135. 16
commissioner of the police service means the commissioner 17
of the police service appointed under the Police Service 18
Administration Act 1990. 19
compliance notice see section 30(3). 20
confidential information includes information about a 21
person's affairs but does not include-- 22
(a) information already publicly disclosed unless further 23
disclosure of the information is prohibited by law; or 24
(b) statistical or other information that could not reasonably 25
be expected to result in the identification of the person 26
to whom the information relates. 27
conviction means a finding of guilt or the acceptance of a plea 28
of guilty by a court, whether or not a conviction is recorded. 29
85
Community Services Bill 2006
Schedule 4 (continued)
criminal history, of a person, means-- 1
(a) every conviction of the person for an offence, in 2
Queensland or elsewhere, and whether before or after 3
the commencement of this Act; and 4
(b) every charge made against the person for an offence, in 5
Queensland or elsewhere, and whether before or after 6
the commencement of this Act. 7
engaged by the department see section 98. 8
executive officer, of a corporation, means any person, by 9
whatever name called and whether or not the person is a 10
director of the corporation, who is concerned or takes part in 11
the management of the corporation. 12
funded service provider see section 9. 13
home means premises used as a private residence. 14
indictable offence includes an indictable offence dealt with 15
summarily, whether or not the Criminal Code, section 6595, 16
applies to the indictable offence. 17
interested person, for a reviewable decision, see section 18
90(b). 19
interim manager means a person appointed as interim 20
manager under section 67. 21
notice means a written notice. 22
obstruct includes hinder and attempt to obstruct or hinder. 23
place includes premises and vacant land. 24
premises includes-- 25
(a) a building or other structure; and 26
(b) a part of a building or other structure; and 27
(c) a vehicle; and 28
(d) a caravan. 29
5 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
86
Community Services Bill 2006
Schedule 4 (continued)
proposed action, for part 5, division 2, see section 32(2)(a). 1
reviewable decision means a decision stated in schedule 1. 2
review decision, for part 8, see section 94(3). 3
serious offence see section 101. 4
service agreement see section 24(1). 5
service provider see section 7. 6
show cause notice, for part 5, division 2, see section 32(2); 7
show cause period, for part 5, division 2, see section 32(2)(d); 8
standards see section 26(1). 9
tribunal means the Commercial and Consumer Tribunal 10
established under the Commercial and Consumer Tribunal Act 11
2003. 12
© State of Queensland 2006
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