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Queensland
Community Services Bill 2007
Queensland
Community Services Bill 2007
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2 Object and principles
3 Main object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 How main object is mainly achieved. . . . . . . . . . . . . . . . . . . . . . . 10
5 Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3 Interpretation
6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Meaning of service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
8 Meaning of approved service provider . . . . . . . . . . . . . . . . . . . . . 13
9 Meaning of funded service provider . . . . . . . . . . . . . . . . . . . . . . . 13
Part 2 Standards for the provision of community services
10 Minister may make standards for the provision of community
services .................................... 14
11 When standard takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
12 Notice and availability of standards . . . . . . . . . . . . . . . . . . . . . . . 14
Part 3 Approved service providers
Division 1 Preliminary
13 Explanation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 No entitlement to assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2 Approval process
15 Application for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Approval remains in force unless cancelled . . . . . . . . . . . . . . . . . 16
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Community Services Bill 2007
Division 3 Cancellation of approval
18 Application for cancellation of approval . . . . . . . . . . . . . . . . . . . . 17
19 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Cancellation of approval without application . . . . . . . . . . . . . . . . 17
21 Cancellation of approval if approved service provider no
longer exists .................................. 18
Division 4 Notice of changes by approved service provider
22 Approved service provider must give notice of change . . . . . . . . 18
Part 4 Assistance to service providers
23 Purpose of giving assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
24 When assistance may be given . . . . . . . . . . . . . . . . . . . . . . . . . . 20
25 Assistance to service providers . . . . . . . . . . . . . . . . . . . . . . . . . . 20
26 Who may receive approval for one-off funding . . . . . . . . . . . . . . . 21
27 No assistance without agreement . . . . . . . . . . . . . . . . . . . . . . . . 21
28 What service agreement must contain . . . . . . . . . . . . . . . . . . . . . 22
Part 5 Prescribed requirements
29 Prescribed requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
30 Funded service provider must not contravene prescribed
requirements .................................. 23
Part 6 Compliance notices and suspending or stopping
assistance
Division 1 Compliance notices
31 Cooperative approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
32 Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
33 Report by authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2 Suspending or stopping assistance for breach of
agreement
34 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
35 Representations about show cause notice. . . . . . . . . . . . . . . . . . 27
36 Ending show cause process without further action . . . . . . . . . . . 28
37 Suspending or stopping assistance . . . . . . . . . . . . . . . . . . . . . . . 28
Division 3 Recovery of funding
38 Recovery of amount from corporation . . . . . . . . . . . . . . . . . . . . . 28
Part 7 Monitoring and enforcement
Division 1 Preliminary
39 Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
40 Matters to be considered by chief executive or authorised
officer before exercising a power . . . . . . . . . . . . . . . . . . . . . . . . . 29
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Community Services Bill 2007
Division 2 Authorised officers
41 Powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
42 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
43 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
44 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 30
45 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
46 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 31
47 When authorised officer ceases to hold office . . . . . . . . . . . . . . . 32
48 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
49 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 3 Powers of authorised officers
Subdivision 1 Entry of places
50 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 2 Procedure for entry
51 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
52 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
53 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
54 Application by electronic communication and duplicate warrant . 35
55 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
56 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 3 Powers after entry
57 General powers after entering a place . . . . . . . . . . . . . . . . . . . . . 38
58 Failure to help authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 39
59 Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 4 Power to require information
60 Notice under s 61 may relate to use of assistance. . . . . . . . . . . . 40
61 Power to require information or documents . . . . . . . . . . . . . . . . . 40
Division 5 Other matters
62 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
63 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
64 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 42
65 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 42
66 Obstructing an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 43
67 Impersonation of an authorised officer . . . . . . . . . . . . . . . . . . . . . 43
Part 8 Interim manager
Division 1 Preliminary
68 Main purpose of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
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Community Services Bill 2007
Division 2 Appointment
69 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
70 Basis for appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
71 Suitability of proposed appointee . . . . . . . . . . . . . . . . . . . . . . . . . 45
72 Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
73 Notice to funded service provider about appointment . . . . . . . . . 46
74 Informing persons using community services about appointment 46
75 Initial period of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
76 Variation of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
77 Ending of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 3 Function and powers
78 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
79 Interim manager's function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
80 Interim manager's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
81 Direction by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
82 Other powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
83 Limitation on powers under instrument of appointment . . . . . . . . 49
84 Production of instrument of appointment for inspection . . . . . . . . 49
85 Obstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 4 Other matters
86 Access to information or documents . . . . . . . . . . . . . . . . . . . . . . 50
87 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
88 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
89 Funded service provider liable for remuneration and other costs. 51
90 Accounts and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
91 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Part 9 Reviews and appeals
Division 1 Reviewable decisions
92 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
93 Chief executive must give notice after making reviewable
decision ..................................... 53
Division 2 Review of decision
94 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
95 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . 54
96 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 3 Appeal against review decision
97 Appeal against review decision . . . . . . . . . . . . . . . . . . . . . . . . . . 55
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Community Services Bill 2007
98 Appeal is by way of rehearing . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Part 10 Screening of persons engaged by the department
Division 1 Preliminary
99 Main purpose of pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
100 Persons engaged by the department . . . . . . . . . . . . . . . . . . . . . . 56
101 This part applies despite the Criminal Law (Rehabilitation of
Offenders) Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
102 Chief executive to advise of duties of disclosure etc. . . . . . . . . . . 57
Division 2 Interpretation
103 What is a serious offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 3 Disclosure of criminal history
104 Persons seeking to be engaged by the department must
disclose criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
105 Persons engaged by the department must disclose changes in
criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
106 Requirements for disclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
107 False or misleading disclosure or failure to disclose . . . . . . . . . . 59
Division 4 Chief executive may obtain information
108 Chief executive may obtain report from commissioner of the
police service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
109 Prosecuting authority to notify chief executive about committal,
conviction etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 5 Controls on use of information
110 Use of information obtained under this part . . . . . . . . . . . . . . . . . 62
111 Person to be advised of information obtained . . . . . . . . . . . . . . . 63
112 Guidelines for dealing with information. . . . . . . . . . . . . . . . . . . . . 63
Part 11 Legal proceedings
Division 1 Application
113 Application of pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 2 Evidence
114 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
115 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
116 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 3 Proceedings
117 Proceeding for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
118 When proceeding may start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
119 Allegations of false or misleading information or document . . . . . 65
120 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
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Community Services Bill 2007
121 Dealing with forfeited thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
122 Responsibility for acts or omissions of representative . . . . . . . . . 66
123 Executive officers must ensure corporation complies with Act. . . 67
Part 12 Miscellaneous
124 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
125 Dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
126 Other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
127 Confidentiality of information about criminal history and related
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
128 Duty of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
129 Power to require information or documents . . . . . . . . . . . . . . . . . 70
130 Protection from liability for giving information . . . . . . . . . . . . . . . . 70
131 Chief executive may share information about service provider . . 71
132 Delegation by Minister or chief executive . . . . . . . . . . . . . . . . . . . 71
133 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 72
134 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
135 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Part 13 Savings and transitional provisions
136 Definitions for pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
137 Certain service providers taken to be approved under part 3
and to be funded service providers . . . . . . . . . . . . . . . . . . . . . . . 73
138 When grants under the Family Services Act continue . . . . . . . . . 73
139 Other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 14 Amendment of Child Protection Act 1999
140 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
141 Insertion of new s 189A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
189A Making information available for Juvenile Justice
Act 1992 ............................ 75
Part 15 Amendment of Commercial and Consumer Tribunal Act
2003
142 Act amended in pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
143 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 76
Part 16 Amendment of Juvenile Justice Act 1992
144 Act amended in pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
145 Amendment of s 108 (Committal or committal proceeding for
joint trial with another person) . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
146 Amendment of s 121 (Stay of proceeding and suspension of
orders) ........................................ 77
147 Insertion of new s 297A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
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Community Services Bill 2007
297A Making information available for Child Protection
Act 1999 ........................... 77
Part 17 Amendment of Young Offenders (Interstate Transfer) Act
1987
148 Act amended in pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
149 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 78
Schedule 1 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Schedule 2 Current serious offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Schedule 3 Repealed or expired serious offences . . . . . . . . . . . . . . . . . . . 87
Schedule 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
2007
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 10 s4
Community Services Bill 2007
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 2007. 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 11 s5
Community Services Bill 2007
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, Aboriginal tradition 35
and Island custom and the disadvantage 36
s5 12 s5
Community Services Bill 2007
historically experienced by indigenous 1
communities; and 2
(iii) builds partnerships across all levels of government 3
and with communities; and 4
(iv) facilitates choice, maximises participation, 5
encourages self-help and promotes voluntary 6
effort; and 7
(v) respects the rights and responsibilities of 8
individuals, families and communities; and 9
(vi) fosters the dignity and independence of 10
individuals, especially the most vulnerable; and 11
(vii) takes account of individuals, families and 12
communities in greatest need; 13
(g) the needs, views, interests and priorities of users of 14
community services, community members, elected and 15
other representatives of the community and service 16
providers, should be taken into account-- 17
(i) by the department in developing policy and 18
delivering programs and services for community 19
services; and 20
(ii) by service providers in delivering community 21
services. 22
Editor's note-- 23
Acts Interpretation Act 1954, section 36-- 24
Aboriginal tradition means the body of traditions, observances, customs 25
and beliefs of Aboriginal people generally or of a particular community 26
or group of Aboriginal people, and includes any such traditions, 27
observances, customs and beliefs relating to particular persons, areas, 28
objects or relationships. 29
Island custom, known in the Torres Strait as Ailan Kastom, means the 30
body of customs, traditions, observances and beliefs of Torres Strait 31
Islanders generally or of a particular community or group of Torres 32
Strait Islanders, and includes any such customs, traditions, observances 33
and beliefs relating to particular persons, areas, objects or relationships. 34
s6 13 s9
Community Services Bill 2007
Division 3 Interpretation 1
6 Definitions 2
The dictionary in schedule 4 defines particular words used in 3
this Act. 4
7 Meaning of service provider 5
(1) A service provider is a corporation, other than the State, that 6
provides or intends to provide community services. 7
(2) It is immaterial whether the community services are, or are to 8
be, provided with the intention of making a profit. 9
Note-- 10
A service provider may be a local government. 11
8 Meaning of approved service provider 12
An approved service provider is a service provider approved 13
by the chief executive under part 3 as eligible to receive 14
assistance under part 4. 15
9 Meaning of funded service provider 16
(1) A funded service provider is a service provider that receives 17
assistance from the department to provide community 18
services. 19
(2) It is immaterial whether other funds or resources are also used 20
by the service provider to provide community services. 21
s 10 14 s 12
Community Services Bill 2007
Part 2 Standards for the provision of 1
community services 2
10 Minister may make standards for the provision of 3
community services 4
(1) The Minister may make standards for the provision of 5
community services (the standards) for improving the quality 6
of community services provided by funded service providers. 7
(2) The standards must detail the way in which community 8
services are to be provided by funded service providers. 9
(3) The standards must include indicators to measure whether 10
funded service providers are meeting the standards. 11
(4) A standard is a statutory instrument within the meaning of the 12
Statutory Instruments Act 1992. 13
11 When standard takes effect 14
(1) The Minister must notify the making of a standard. 15
(2) A standard takes effect-- 16
(a) on the day the Minister's notice is notified or published 17
in the gazette; or 18
(b) if a later day is stated in the Minister's notice or the 19
standard--on that day. 20
(3) A notice mentioned in subsection (2) is subordinate 21
legislation. 22
12 Notice and availability of standards 23
(1) The chief executive must keep a copy of the standards, as in 24
force from time to time, available for inspection free of charge 25
by funded service providers and members of the public at-- 26
(a) the department's head office and regional offices; and 27
(b) other places the chief executive considers appropriate. 28
s 13 15 s 15
Community Services Bill 2007
(2) Also, the chief executive must publish the standards, as in 1
force from time to time, on the department's website on the 2
internet. 3
Editor's note-- 4
The department's website on the internet is 5
. 6
Part 3 Approved service providers 7
Division 1 Preliminary 8
13 Explanation 9
This part establishes a system under which the chief executive
may approve service providers as being eligible to receive 10
assistance from the department for providing community 11
services. 12
14 No entitlement to assistance 13
The Minister is not required to approve assistance to an 14
approved service provider. 15
Division 2 Approval process 16
15 Application for approval 17
(1) A service provider may apply to the chief executive for 18
approval as an approved service provider. 19
(2) The application must be in the approved form. 20
(3) The service provider must also provide any other relevant 21
information reasonably required by the chief executive to 22
decide the application. 23
s 16 16 s 17
Community Services Bill 2007
16 Decision on application 1
(1) The chief executive must decide the application within 90 2
days after receiving the application and any other required 3
information, and give the service provider notice of the 4
decision. 5
(2) The chief executive may approve a service provider as an 6
approved service provider only if the chief executive is 7
satisfied that the approval is consistent with the object of this 8
Act and the guiding principles mentioned in section 5. 9
(3) In deciding the application, the chief executive may have 10
regard to the following-- 11
(a) the service provider's business, strategic, or operational 12
plan; 13
(b) the service provider's record of financial management; 14
(c) how the service provider conducts, or proposes to 15
conduct, its operations; 16
(d) whether the service provider meets, or will be able to 17
meet-- 18
(i) the standards; or 19
(ii) other standards that apply to the provision of 20
community services; 21
(e) whether the service provider has appropriate corporate 22
governance; 23
(f) whether the service provider is receiving assistance 24
from another source; 25
(g) whether the service provider has demonstrated 26
compliance with the requirements of another Act, for 27
example, the Disability Services Act 2006; 28
(h) another matter prescribed under a regulation. 29
17 Approval remains in force unless cancelled 30
The approval of a service provider as an approved service 31
provider remains in force until it is cancelled under this part. 32
s 18 17 s 20
Community Services Bill 2007
Division 3 Cancellation of approval 1
18 Application for cancellation of approval 2
(1) An approved service provider may apply to the chief 3
executive for cancellation of its approval as an approved 4
service provider. 5
(2) The application must be in the approved form. 6
(3) The service provider must also provide any other relevant 7
information reasonably required by the chief executive to 8
decide the application. 9
19 Decision on application 10
(1) The chief executive must decide the application within 45 11
days after receiving the application and any other required 12
information, and give the service provider notice of the 13
decision. 14
(2) The chief executive must, and may only, grant the application 15
if-- 16
(a) there is no service agreement in force with the approved 17
service provider; and 18
(b) the chief executive is satisfied it is unlikely the chief 19
executive will want to take action to enforce compliance 20
by the service provider with this Act. 21
(3) The chief executive may require the service provider to take 22
stated action before the chief executive grants the application 23
including, for example, returning unspent funds to the chief 24
executive. 25
20 Cancellation of approval without application 26
(1) The chief executive may cancel the approval of an approved 27
service provider, even though no application has been made 28
under section 18, if-- 29
(a) there is no service agreement in force with the service 30
provider; and 31
s 21 18 s 22
Community Services Bill 2007
(b) the chief executive is satisfied it is unlikely either of the 1
following will happen-- 2
(i) action will be taken to enforce compliance by the 3
service provider with this Act; 4
(ii) assistance, or further assistance, will be given to 5
the service provider under this Act. 6
(2) Before cancelling the approval, the chief executive must give 7
the service provider a notice stating the following-- 8
(a) that the chief executive proposes to cancel the approval; 9
(b) the reasons for the proposed cancellation; 10
(c) an invitation to the service provider to give a written 11
response within a stated time of at least 45 days. 12
(3) The chief executive must consider any written response 13
received from the service provider within the stated time 14
before deciding whether to cancel the approval. 15
(4) Immediately after deciding whether or not to cancel the 16
approval, the chief executive must give the service provider 17
notice of the decision. 18
(5) The chief executive may cancel the approval of an approved 19
service provider, without complying with subsections (2) to 20
(4), if the service provider agrees. 21
21 Cancellation of approval if approved service provider no 22
longer exists 23
The chief executive must cancel the approval of an approved 24
service provider if it no longer exists. 25
Division 4 Notice of changes by approved 26
service provider 27
22 Approved service provider must give notice of change 28
An approved service provider must give a notice, in the 29
approved form, to the chief executive of any of the following 30
s 22 19 s 22
Community Services Bill 2007
matters within 30 days after becoming aware of the matter, 1
unless the service provider has a reasonable excuse-- 2
(a) a change in the service provider's address; 3
(b) for an association incorporated under the Associations 4
Incorporation Act 1981-- 5
(i) that an application to the Supreme Court has been 6
made for the association to be wound-up; or 7
(ii) that a general meeting has been called to consider 8
the winding-up of the association; or 9
(iii) that the association's incorporation has been 10
cancelled; 11
(c) for a cooperative incorporated under the Cooperatives 12
Act 1997 that action has started to-- 13
(i) wind-up or deregister the cooperative; or 14
(ii) appoint an administrator to conduct the affairs of 15
the cooperative; 16
(d) for a local government--a regulation has been made 17
under the Local Government Act 1993 dissolving the 18
local government; 19
(e) for another corporation--the corporation is under 20
external administration under the Corporations Act or a 21
similar law of a foreign jurisdiction; 22
(f) a matter prescribed under a regulation. 23
Maximum penalty--10 penalty units. 24
Note-- 25
Under section 129 the chief executive may give notice to an approved 26
service provider requiring it to give information or a document to the 27
chief executive. 28
s 23 20 s 25
Community Services Bill 2007
Part 4 Assistance to service providers 1
23 Purpose of giving assistance 2
The purpose of giving assistance to service providers is to 3
enable them to provide community services in ways that best 4
achieve the object of this Act. 5
24 When assistance may be given 6
To achieve the object of this Act the Minister may approve 7
assistance to a service provider for community services in a 8
way the Minister considers appropriate, including, for 9
example the following-- 10
(a) giving, on appropriate conditions, funding to the service 11
provider; 12
(b) leasing or licensing land or improvements to the service 13
provider; 14
(c) giving or leasing other property to the service provider; 15
(d) making available goods or services through the 16
department; 17
(e) making available financial or other incentives to the 18
service provider. 19
25 Assistance to service providers 20
(1) The Minister may approve assistance to a service provider 21
only if the service provider is an approved service provider. 22
(2) However, the Minister may approve assistance to a service 23
provider that is not an approved service provider if the 24
Minister is satisfied-- 25
(a) there is an urgent need for the assistance; and 26
(b) it is not practicable for the service provider to become 27
an approved service provider before assistance is 28
approved. 29
(3) If assistance is approved for a service provider under 30
subsection (2)-- 31
s 26 21 s 27
Community Services Bill 2007
(a) the service provider must take action to become an 1
approved service provider as soon as reasonably 2
practicable after receiving the assistance; and 3
(b) the assistance must stop 6 months after it is first given if 4
the service provider has not become an approved service 5
provider within that time. 6
(4) This section applies subject to section 26. 7
26 Who may receive approval for one-off funding 8
Despite section 25, the Minister may approve assistance that 9
is one-off funding for a service provider that is not an 10
approved service provider. 11
27 No assistance without agreement 12
(1) If the Minister approves assistance to a service provider, the 13
chief executive must enter into a written agreement with the 14
service provider (a service agreement) for giving the 15
assistance. 16
(2) The chief executive may give the assistance to the service 17
provider only under a service agreement. 18
(3) However, the chief executive may give assistance before a 19
service agreement is entered into if the Minister is satisfied-- 20
(a) there is an urgent need for the assistance; and 21
(b) it is not practicable to enter into an agreement before 22
assistance is given. 23
(4) If subsection (3) applies, the service provider must-- 24
(a) before receiving the assistance, agree in writing to enter 25
into a service agreement after receiving the assistance, 26
within a stated time decided by the chief executive; and 27
(b) enter into the service agreement within that time. 28
(5) Ongoing assistance must stop if the service provider has not 29
entered into a service agreement within the stated time. 30
s 28 22 s 28
Community Services Bill 2007
28 What service agreement must contain 1
(1) A service agreement must state each of the following the chief 2
executive considers relevant to the assistance-- 3
(a) the type of assistance; 4
(b) if the assistance is funding, the amount of the assistance; 5
(c) if the assistance is not funding, details of the assistance 6
given; 7
(d) the period of the agreement and when the assistance is 8
to be given; 9
(e) the type of community services to be provided; 10
(f) the service delivery outcomes to be achieved; 11
(g) the performance measures to be used in measuring the 12
service delivery outcomes; 13
(h) the policies and procedures to guide service delivery; 14
(i) the way the service provider is to report to the chief 15
executive; 16
(j) the circumstances in which the service provider is in 17
breach of the agreement; 18
(k) the action that may be taken by the chief executive to 19
monitor compliance with the agreement; 20
(l) the action that may be taken by the chief executive for a 21
breach, or suspected breach, of the agreement, including 22
a show cause process for suspending or stopping the 23
assistance; 24
Note-- 25
Part 6, division 2, sets out the show cause process that must be 26
undertaken by the chief executive if a service agreement 27
provides for a show cause process for a breach of the agreement 28
that may lead to the chief executive suspending or stopping 29
assistance under the agreement. 30
(m) the department's obligations under the agreement. 31
(2) The agreement may also include other matters the chief 32
executive considers necessary for the agreement. 33
s 29 23 s 30
Community Services Bill 2007
Part 5 Prescribed requirements 1
29 Prescribed requirements 2
(1) A regulation may prescribe requirements about how a funded 3
service provider conducts its operations or provides 4
community services. 5
(2) Without limiting subsection (1), a regulation about how a 6
funded service provider conducts its operations may include 7
matters relating to-- 8
(a) financial management and accountability; and 9
(b) corporate governance; and 10
(c) organisational and resource management. 11
(3) Also, without limiting subsection (1), a regulation about how 12
a funded service provider provides community services may 13
include matters relating to-- 14
(a) protecting the safety of users of the services; and 15
(b) resolving complaints and disputes. 16
(4) A prescribed requirement may include provision about-- 17
(a) preparing, maintaining, publishing or implementing a 18
policy or procedure; or 19
(b) reporting to the chief executive. 20
30 Funded service provider must not contravene prescribed 21
requirements 22
A funded service provider must not contravene a prescribed 23
requirement. 24
Notes-- 25
1 A funded service provider may be given a compliance notice 26
requiring the provider to remedy a contravention of a prescribed 27
requirement. See section 32. 28
2 The extent of a funded service provider's contravention of a 29
prescribed requirement is a matter the Minister may consider when 30
deciding the further assistance, if any, to give to the provider under 31
this Act. 32
s 31 24 s 32
Community Services Bill 2007
3 Contravention of a prescribed requirement may lead to the 1
appointment of an interim manager for a funded service provider. 2
See section 69. 3
4 A funded service provider's contravention of a prescribed 4
requirement is a matter the chief executive may consider when 5
deciding whether to cancel the approval of an approved service 6
provider. 7
Part 6 Compliance notices and 8
suspending or stopping 9
assistance 10
Division 1 Compliance notices 11
31 Cooperative approach 12
Nothing in this division limits the way in which the 13
department may cooperate with a funded service provider in 14
dealing with a matter in relation to which a power under this 15
division could be exercised. 16
32 Compliance notice 17
(1) This section applies if the chief executive reasonably 18
believes-- 19
(a) a funded service provider-- 20
(i) is contravening a provision of this Act; or 21
(ii) has contravened a provision of this Act in 22
circumstances that make it likely the contravention 23
will continue or be repeated; and 24
(b) a matter relating to the contravention is reasonably 25
capable of being remedied; and 26
(c) it is appropriate to give the person an opportunity to 27
remedy the matter. 28
s 32 25 s 32
Community Services Bill 2007
(2) This section applies to a funded service provider even if the 1
service provider's assistance has been suspended under the 2
relevant service agreement. 3
(3) The chief executive may give the service provider a notice (a 4
compliance notice) requiring the service provider to remedy 5
the matter. 6
(4) The compliance notice must state the following-- 7
(a) that the chief executive reasonably believes the service 8
provider-- 9
(i) is contravening a provision of this Act; or 10
(ii) has contravened a provision of this Act in 11
circumstances that make it likely the contravention 12
will continue or be repeated; 13
(b) the provision the chief executive believes is being, or 14
has been, contravened (the relevant provision); 15
(c) briefly, how it is believed the relevant provision is being, 16
or has been, contravened; 17
(d) the matter relating to the contravention that the chief 18
executive believes is reasonably capable of being 19
remedied; 20
(e) that the service provider must remedy the matter within 21
a stated reasonable time; 22
(f) that it is an offence to fail to comply with the 23
compliance notice unless the service provider has a 24
reasonable excuse. 25
(5) The compliance notice may also state-- 26
(a) the reasonable steps that the chief executive is satisfied 27
are necessary to remedy the matter, or avoid further 28
contravention, of the relevant provision; and 29
(b) that the service provider must report to the chief 30
executive after taking a step or steps. 31
(6) The service provider must comply with the compliance notice 32
unless the service provider has a reasonable excuse. 33
Maximum penalty-- 34
s 33 26 s 33
Community Services Bill 2007
(a) if it is an offence to contravene the relevant 1
provision--the maximum penalty for contravening that 2
provision; or 3
(b) otherwise-- 4
(i) for an individual guilty under chapter 2 of the 5
Criminal Code of an offence or for section 6
1231--20 penalty units; or 7
(ii) for a funded service provider--100 penalty units. 8
(7) If it is an offence to contravene the relevant provision and a 9
compliance notice is given, the service provider can not be 10
prosecuted for that offence unless it contravenes subsection 11
(6) in relation to the compliance notice. 12
(8) If the service provider contravenes subsection (6), the chief 13
executive may, by notice given to the service provider, 14
suspend or stop assistance to the service provider despite 15
anything in a service agreement with the service provider. 16
(9) This section does not limit-- 17
(a) a remedy available to the chief executive under a service 18
agreement; or 19
(b) the chief executive's powers apart from this section. 20
33 Report by authorised officer 21
Before deciding whether to give a funded service provider a 22
compliance notice the chief executive may obtain a written 23
report from an authorised officer about whether the service 24
provider-- 25
(a) is contravening a provision of this Act; or 26
(b) has contravened a provision of this Act in circumstances 27
that make it likely the contravention will continue or be 28
repeated. 29
1 Section 123 (Executive officers must ensure corporation complies with Act)
s 34 27 s 35
Community Services Bill 2007
Division 2 Suspending or stopping assistance 1
for breach of agreement 2
34 Show cause notice 3
(1) This section applies if-- 4
(a) a service agreement with a funded service provider 5
provides for a show cause process for a breach of the 6
agreement; and 7
(b) the chief executive reasonably suspects that the service 8
provider has breached the agreement; and 9
(c) the chief executive proposes to take action under the 10
service agreement to suspend or stop assistance. 11
(2) The chief executive must give the service provider a notice (a 12
show cause notice) stating the following-- 13
(a) the action (the proposed action) the chief executive 14
proposes taking under the agreement; 15
(b) the grounds for the proposed action; 16
(c) an outline of the facts and circumstances forming the 17
basis for the grounds; 18
(d) an invitation to the service provider to show within a 19
stated period (the show cause period) why the proposed 20
action should not be taken. 21
(3) The show cause period must be a period ending at least 21 22
days after the show cause notice is given to the service 23
provider. 24
35 Representations about show cause notice 25
(1) The funded service provider may make written 26
representations about the show cause notice to the chief 27
executive in the show cause period. 28
(2) The chief executive must consider all written representations 29
(the accepted representations) made under subsection (1). 30
s 36 28 s 38
Community Services Bill 2007
36 Ending show cause process without further action 1
If, after considering the accepted representations for the show 2
cause notice, the chief executive no longer believes the ground 3
exists to take the proposed action, the chief executive-- 4
(a) must not take further action about the show cause 5
notice; and 6
(b) must, as soon as practicable, give notice to the funded 7
service provider that no further action is to be taken 8
about the show cause notice. 9
37 Suspending or stopping assistance 10
(1) This section applies if after considering the accepted 11
representations for the show cause notice, the chief 12
executive-- 13
(a) still believes the ground exists to take action to suspend 14
or stop assistance; and 15
(b) believes the action is warranted. 16
(2) This section also applies if there are no accepted 17
representations for the show cause notice. 18
(3) The chief executive may-- 19
(a) if the proposed action stated in the show cause notice 20
was to suspend the assistance for a stated 21
period--suspend the assistance for no longer than the 22
stated period; or 23
(b) if the proposed action in the show cause notice was to 24
stop the assistance--either stop the assistance or 25
suspend it for a period. 26
Division 3 Recovery of funding 27
38 Recovery of amount from corporation 28
(1) This section applies if-- 29
(a) funding given to a corporation under part 4 has been 30
stopped and funds already given by the chief executive 31
s 39 29 s 40
Community Services Bill 2007
to the corporation have not been spent by the 1
corporation (the unspent funds); or 2
(b) a corporation has used funds given under part 4 for a 3
purpose other than the purpose for which the funds were 4
given under the service agreement with the corporation 5
(the improperly used funds). 6
(2) The unspent funds or improperly used funds are a debt owing 7
by the corporation to the State. 8
(3) The chief executive may recover the unspent funds or 9
improperly used funds as a debt. 10
Part 7 Monitoring and enforcement 11
Division 1 Preliminary 12
39 Purpose of pt 7 13
The purpose of this part is to provide mechanisms for 14
monitoring and enforcing compliance with this Act and to 15
ensure the proper and efficient delivery of community 16
services by funded service providers. 17
40 Matters to be considered by chief executive or authorised 18
officer before exercising a power 19
(1) Before the chief executive or an authorised officer exercises a 20
power under this part in relation to a funded service provider, 21
the chief executive or authorised officer must consider 22
whether it would be more appropriate to seek the cooperation 23
of the service provider instead of exercising the power. 24
(2) The exercise of a power under this part can not be challenged 25
merely because the chief executive or authorised officer did 26
not comply with subsection (1). 27
s 41 30 s 44
Community Services Bill 2007
Division 2 Authorised officers 1
41 Powers generally 2
(1) An authorised officer has the powers given under this Act. 3
(2) In exercising the powers an authorised officer is subject to the 4
directions of the chief executive. 5
42 Appointment 6
(1) The chief executive may appoint any of the following persons 7
as an authorised officer-- 8
(a) a public service employee; 9
(b) for the purpose of investigating a particular matter, 10
another person. 11
(2) A person may be appointed for this Act generally or for stated 12
provisions of the Act. 13
43 Qualifications for appointment 14
The chief executive may appoint a person as an authorised 15
officer only if-- 16
(a) the chief executive is satisfied the person is qualified for 17
appointment because the person has the necessary 18
expertise or experience; and 19
(b) the person has the competencies, if any, prescribed 20
under a regulation as relevant to the person's 21
appointment. 22
44 Appointment conditions and limit on powers 23
(1) An authorised officer holds office on the conditions stated 24
in-- 25
(a) the authorised officer's instrument of appointment; or 26
(b) a signed notice given to the authorised officer; or 27
(c) a regulation. 28
s 45 31 s 46
Community Services Bill 2007
(2) The instrument of appointment, a signed notice given to the 1
authorised officer or a regulation may limit the authorised 2
officer's powers under this Act. 3
(3) In this section-- 4
signed notice means a notice signed by the chief executive. 5
45 Issue of identity card 6
(1) The chief executive must issue an identity card to each 7
authorised officer. 8
(2) The identity card must-- 9
(a) contain a recent photo of the authorised officer; and 10
(b) contain a copy of the authorised officer's signature; and 11
(c) identify the person as an authorised officer under this 12
Act; and 13
(d) state an expiry date for the card. 14
(3) This section does not prevent the issue of a single identity 15
card to a person for this Act and other purposes. 16
46 Production or display of identity card 17
(1) In exercising a power under this Act in relation to another 18
person, an authorised officer must-- 19
(a) produce the authorised officer's identity card for the 20
other person's inspection before exercising the power; 21
or 22
(b) have the identity card displayed so it is clearly visible to 23
the other person when exercising the power. 24
(2) However, if it is not practicable to comply with subsection (1), 25
the authorised officer must produce the identity card for the 26
other person's inspection at the first reasonable opportunity. 27
(3) For subsection (1), an authorised officer does not exercise a 28
power in relation to another person only because the 29
authorised officer has entered a place as mentioned in section 30
50(1)(b) or (2). 31
s 47 32 s 50
Community Services Bill 2007
47 When authorised officer ceases to hold office 1
(1) An authorised officer ceases to hold office if any of the 2
following happens-- 3
(a) the term of office stated in a condition of office ends; 4
(b) under another condition of office, the authorised officer 5
ceases to hold office; 6
(c) the authorised officer's resignation under section 48 7
takes effect. 8
(2) Subsection (1) does not limit the ways an authorised officer 9
may cease to hold office. 10
(3) In this section-- 11
condition of office means a condition on which the authorised 12
officer holds office. 13
48 Resignation 14
An authorised officer may resign by signed notice given to the 15
chief executive. 16
49 Return of identity card 17
A person who ceases to be an authorised officer must return 18
the person's identity card to the chief executive within 21 days 19
after ceasing to be an authorised officer unless the person has 20
a reasonable excuse. 21
Maximum penalty--10 penalty units. 22
Division 3 Powers of authorised officers 23
Subdivision 1 Entry of places 24
50 Power to enter places 25
(1) An authorised officer may enter a place if-- 26
(a) an occupier of the place consents to the entry; or 27
s 51 33 s 51
Community Services Bill 2007
(b) it is a public place and the entry is made when it is open 1
to the public; or 2
(c) it is not a home and the entry is made when the place is 3
open for carrying on business or otherwise open for 4
entry; or 5
(d) the entry is authorised by a warrant. 6
(2) For the purpose of asking an occupier of a place for consent to 7
enter, an authorised officer may, without the occupier's 8
consent or a warrant-- 9
(a) enter land around premises at the place to an extent that 10
is reasonable to contact the occupier; or 11
(b) enter part of the place the officer reasonably considers 12
members of the public ordinarily are allowed to enter 13
when they wish to contact the occupier. 14
Subdivision 2 Procedure for entry 15
51 Entry with consent 16
(1) This section applies if an authorised officer intends to ask an 17
occupier of a place to consent to the officer or another 18
authorised officer entering the place under section 50(1)(a). 19
(2) Before asking for the consent, the authorised officer must tell 20
the occupier-- 21
(a) the purpose of the entry; and 22
(b) that the occupier is not required to consent. 23
(3) If the consent is given, the authorised officer may ask the 24
occupier to sign an acknowledgment of the consent. 25
(4) The acknowledgment must state-- 26
(a) that the occupier has been told-- 27
(i) the purpose of the entry; and 28
(ii) that the occupier is not required to consent; and 29
(b) the purpose of the entry; and 30
s 52 34 s 53
Community Services Bill 2007
(c) that the occupier gives the authorised officer consent to 1
enter the place and exercise the powers under this part; 2
and 3
(d) the time and date the consent was given. 4
(5) If the occupier signs the acknowledgment, the authorised 5
officer must immediately give a copy to the occupier. 6
(6) If-- 7
(a) an issue arises in a proceeding about whether the 8
occupier consented to the entry; and 9
(b) an acknowledgment complying with subsection (4) for 10
the entry is not produced in evidence; 11
the onus of proof is on the person relying on the lawfulness of 12
the entry to prove the occupier consented. 13
52 Application for warrant 14
(1) An authorised officer may apply to a magistrate for a warrant 15
for a place. 16
(2) The authorised officer must prepare a written application that 17
states the grounds on which the warrant is sought. 18
(3) The written application must be sworn. 19
(4) The magistrate may refuse to consider the application until the 20
authorised officer gives the magistrate all the information the 21
magistrate requires about the application in the way the 22
magistrate requires. 23
Example-- 24
The magistrate may require additional information supporting the 25
application to be given by statutory declaration. 26
53 Issue of warrant 27
(1) The magistrate may issue a warrant for the place only if the 28
magistrate is satisfied there are reasonable grounds for 29
suspecting that it is necessary to enter the place-- 30
(a) to protect a person receiving community services from a 31
funded service provider at the place from risk of harm 32
because of abuse, neglect or exploitation; or 33
s 54 35 s 54
Community Services Bill 2007
(b) subject to subsection (2), to check whether a funded 1
service provider has taken the steps required under a 2
compliance notice. 3
(2) The magistrate may issue a warrant under subsection (1)(b) 4
only if the magistrate is satisfied non-compliance with the 5
compliance notice may severely affect the provision of 6
community services. 7
(3) The warrant must state-- 8
(a) the place to which the warrant applies; and 9
(b) that a stated authorised officer may, with necessary and 10
reasonable help and force-- 11
(i) enter the place and any other place necessary for 12
the entry; and 13
(ii) exercise the officer's powers under this part; and 14
(c) particulars of the reason it is necessary to enter the place 15
that the magistrate considers appropriate in the 16
circumstances; and 17
(d) the hours of the day or night when the place may be 18
entered; and 19
(e) the magistrate's name; and 20
(f) the date and time of the warrant's issue; and 21
(g) the date, within 14 days after the warrant's issue, the 22
warrant ends. 23
54 Application by electronic communication and duplicate 24
warrant 25
(1) An application under section 52 may be made by phone, fax, 26
email, radio, videoconferencing or another form of electronic 27
communication if the authorised officer reasonably considers 28
it necessary because of-- 29
(a) urgent circumstances; or 30
(b) other special circumstances, including, for example, the 31
authorised officer's remote location. 32
(2) The application-- 33
s 54 36 s 54
Community Services Bill 2007
(a) may not be made before the authorised officer prepares 1
the written application under section 52(2); but 2
(b) may be made before the written application is sworn. 3
(3) The magistrate may issue the warrant (the original warrant) 4
only if the magistrate is satisfied-- 5
(a) it was necessary to make the application under 6
subsection (1); and 7
(b) the way the application was made under subsection (1) 8
was appropriate. 9
(4) After the magistrate issues the original warrant-- 10
(a) if there is a reasonably practicable way of immediately 11
giving a copy of the warrant to the authorised officer, for 12
example, by sending a copy by fax or email, the 13
magistrate must immediately give a copy of the warrant 14
to the authorised officer; or 15
(b) otherwise-- 16
(i) the magistrate must tell the authorised officer the 17
date and time the warrant is issued and the other 18
terms of the warrant; and 19
(ii) the authorised officer must complete a form of 20
warrant, including by writing on it-- 21
(A) the magistrate's name; and 22
(B) the date and time the magistrate issued the 23
warrant; and 24
(C) the other terms of the warrant. 25
(5) The copy of the warrant mentioned in subsection (4)(a), or the 26
form of warrant completed under subsection (4)(b) (in either 27
case the duplicate warrant), is a duplicate of, and as effectual 28
as, the original warrant. 29
(6) The authorised officer must, at the first reasonable 30
opportunity, send to the magistrate-- 31
(a) the written application complying with section 52(2) 32
and (3); and 33
s 55 37 s 56
Community Services Bill 2007
(b) if the authorised officer completed a form of warrant 1
under subsection (4)(b)--the completed form of 2
warrant. 3
(7) The magistrate must keep the original warrant and, on 4
receiving the documents under subsection (6)-- 5
(a) attach the documents to the original warrant; and 6
(b) give the original warrant and documents to the clerk of 7
the court of the relevant magistrates court. 8
(8) Despite subsection (5), if-- 9
(a) an issue arises in a proceeding about whether an 10
exercise of a power was authorised by a warrant issued 11
under this section; and 12
(b) the original warrant is not produced in evidence; 13
the onus of proof is on the person relying on the lawfulness of 14
the exercise of the power to prove a warrant authorised the 15
exercise of the power. 16
(9) This section does not limit section 52. 17
(10) In this section-- 18
relevant magistrates court, in relation to a magistrate, means 19
the Magistrates Court that the magistrate constitutes under the 20
Magistrates Act 1991. 21
55 Defect in relation to a warrant 22
(1) A warrant is not invalidated by a defect in the warrant, or in 23
compliance with section 52, 53 or 54, unless the defect affects 24
the substance of the warrant in a material particular. 25
(2) In this section-- 26
warrant includes a duplicate warrant mentioned in section 27
54(5). 28
56 Warrants--procedure before entry 29
(1) This section applies if an authorised officer named in a 30
warrant issued under this part for a place is intending to enter 31
the place under the warrant. 32
s 57 38 s 57
Community Services Bill 2007
(2) Before entering the place, the authorised officer must do or 1
make a reasonable attempt to do the following things-- 2
(a) identify himself or herself to a person present at the 3
place who is an occupier of the place by producing a 4
copy of the authorised officer's identity card or other 5
document evidencing the appointment; 6
(b) give the person a copy of the warrant; 7
(c) tell the person the authorised officer is permitted by the 8
warrant to enter the place; 9
(d) give the person an opportunity to allow the authorised 10
officer immediate entry to the place without using force. 11
(3) However, the authorised officer need not comply with 12
subsection (2) if the authorised officer believes on reasonable 13
grounds that immediate entry to the place is required to ensure 14
the effective execution of the warrant is not frustrated. 15
(4) In this section-- 16
warrant includes a duplicate warrant mentioned in section 17
54(5). 18
Subdivision 3 Powers after entry 19
57 General powers after entering a place 20
(1) This section applies to an authorised officer who enters a 21
place. 22
(2) However, if an authorised officer enters a place to get an 23
occupier's consent to enter the place, this section applies to 24
the officer only if the consent is given or the entry is otherwise 25
authorised. 26
(3) The authorised officer may do any of the following-- 27
(a) search any part of the place; 28
(b) inspect, measure, test, photograph or film any part of the 29
place or anything at the place; 30
(c) take a thing, or a sample of or from a thing, at the place 31
for analysis or testing; 32
s 58 39 s 59
Community Services Bill 2007
(d) copy a document at the place or take the document to 1
another place to copy it; 2
(e) take into or onto the place any person, equipment and 3
materials the officer reasonably requires for the exercise 4
of a power under this part; 5
(f) confer alone with a person at the place; 6
(g) require a person at the place to give the authorised 7
officer reasonable help to exercise the authorised 8
officer's powers under paragraphs (a) to (f); 9
(h) require a person at the place to answer questions by the 10
authorised officer to help the authorised officer ascertain 11
whether this Act is being or has been complied with. 12
(4) When making a requirement mentioned in subsection (3)(g) 13
or (h), the authorised officer must warn the person it is an 14
offence to fail to comply with the requirement, unless the 15
person has a reasonable excuse. 16
(5) If an authorised officer takes a document from a place to copy 17
it, the document must be copied as soon as practicable and 18
returned to the place. 19
58 Failure to help authorised officer 20
(1) A person required to give reasonable help under section 21
57(3)(g) must comply with the requirement, unless the person 22
has a reasonable excuse. 23
Maximum penalty--40 penalty units. 24
(2) It is a reasonable excuse for the person to fail to comply with 25
the requirement that complying with the requirement might 26
tend to incriminate the person. 27
59 Failure to answer questions 28
(1) A person of whom a requirement is made under section 29
57(3)(h) must comply with the requirement, unless the person 30
has a reasonable excuse. 31
Maximum penalty--40 penalty units. 32
s 60 40 s 61
Community Services Bill 2007
(2) It is a reasonable excuse for the person to fail to comply with 1
the requirement that complying with the requirement might 2
tend to incriminate the person. 3
Division 4 Power to require information 4
60 Notice under s 61 may relate to use of assistance 5
Without limiting section 39, a notice under section 61 may
2
6
relate to the use of assistance provided under this Act to a 7
funded service provider. 8
61 Power to require information or documents 9
(1) The chief executive or an authorised officer may, by notice 10
given to a person, require the person to-- 11
(a) give to the chief executive or an authorised officer, 12
either orally or in writing, information in the person's 13
knowledge about a stated matter within a stated 14
reasonable time and in a stated reasonable way; or 15
(b) give to the chief executive or an authorised officer, 16
within a stated reasonable time and in a stated 17
reasonable way, a document about a stated matter in the 18
person's possession or control. 19
Note-- 20
The powers in this division are limited by division 1. 21
(2) The chief executive or authorised officer may keep a 22
document mentioned in subsection (1)(b) to copy it. 23
(3) If the chief executive or authorised officer copies the 24
document, or an entry in the document, the chief executive or 25
officer may require the person who has possession or control 26
of the document to certify the copy as a true copy of the 27
document or entry. 28
(4) The chief executive or authorised officer must return the 29
document to the person as soon as practicable after copying it. 30
2 Section 39 (Purpose of pt 7)
s 62 41 s 62
Community Services Bill 2007
(5) A person of whom a requirement is made under subsection (1) 1
or (3) must comply with the requirement, unless the person 2
has a reasonable excuse. 3
Maximum penalty--50 penalty units. 4
(6) It is a reasonable excuse for the person to fail to comply with a 5
requirement made under subsection (1) or (3) that complying 6
with the requirement might tend to incriminate the person. 7
(7) If a court convicts a person of an offence against subsection 8
(5), the court may also order the person to give to the chief 9
executive or a stated authorised officer, within a stated time 10
and in a stated way, information or a document to which the 11
requirement related. 12
Division 5 Other matters 13
62 Notice of damage 14
(1) This section applies if-- 15
(a) an authorised officer damages property when exercising 16
or purporting to exercise a power; or 17
(b) a person (the other person) acting under the direction or 18
authority of an authorised officer damages property. 19
(2) The authorised officer must immediately give notice of 20
particulars of the damage to a person who appears to the 21
authorised officer to be an owner of the property. 22
(3) If the authorised officer believes the damage was caused by a 23
latent defect in the property or circumstances beyond the 24
authorised officer's or other person's control, the authorised 25
officer may state the belief in the notice. 26
(4) If, for any reason, it is impracticable to comply with 27
subsection (2), the authorised officer must leave the notice in a 28
conspicuous position and in a reasonably secure way where 29
the damage happened. 30
(5) This section does not apply to damage the authorised officer 31
reasonably believes is trivial. 32
(6) In this section-- 33
s 63 42 s 65
Community Services Bill 2007
owner, of property, includes a person in possession or control 1
of it. 2
63 Compensation 3
(1) If a person incurs loss or expense because of the exercise or 4
purported exercise of a power under division 3, subdivision 1 5
or 33, the person may claim compensation from the chief 6
executive. 7
(2) Without limiting subsection (1), compensation may also be 8
claimed for loss or expense incurred in complying with a 9
requirement made of the person under this part. 10
(3) Compensation may be claimed and ordered to be paid in a 11
proceeding-- 12
(a) brought in a court with jurisdiction for the recovery of 13
the amount of compensation claimed; or 14
(b) for an offence against this Act brought against the 15
person claiming compensation. 16
(4) A court may order compensation to be paid only if it is 17
satisfied it is just to make the order in the circumstances of the 18
particular case. 19
64 False or misleading statements 20
A person must not state anything to the chief executive or an 21
authorised officer that the person knows is false or misleading 22
in a material particular. 23
Maximum penalty--40 penalty units. 24
65 False or misleading documents 25
(1) A person must not give the chief executive or an authorised 26
officer a document containing information that the person 27
knows is false or misleading in a material particular. 28
Maximum penalty--40 penalty units. 29
3 Division 3 (Powers of authorised officers), subdivision 1 (Entry of places) or
subdivision 3 (Powers after entry)
s 66 43 s 68
Community Services Bill 2007
(2) Subsection (1) does not apply to a person if the person, when 1
giving the document-- 2
(a) tells the chief executive or authorised officer, to the best 3
of the person's ability, how it is false or misleading; and 4
(b) if the person has, or can reasonably obtain, the correct 5
information--gives the correct information. 6
66 Obstructing an authorised officer 7
(1) A person must not obstruct an authorised officer in the 8
exercise of a power, unless the person has a reasonable 9
excuse. 10
Maximum penalty--40 penalty units. 11
(2) If a person has obstructed an authorised officer and the officer 12
decides to proceed with the exercise of the power, the officer 13
must warn the person that-- 14
(a) it is an offence to obstruct the officer, unless the person 15
has a reasonable excuse; and 16
(b) the officer considers the person's conduct an 17
obstruction. 18
67 Impersonation of an authorised officer 19
A person must not pretend to be an authorised officer. 20
Maximum penalty--40 penalty units. 21
Part 8 Interim manager 22
Division 1 Preliminary 23
68 Main purpose of pt 8 24
(1) The main purpose of this part is to provide for the 25
appointment of an interim manager to ensure the proper and 26
s 69 44 s 70
Community Services Bill 2007
efficient delivery of services provided under a service 1
agreement with a funded service provider. 2
(2) Before making the appointment, the chief executive must 3
consider whether it would be more appropriate to take action 4
other than the appointment, or not to take any action. 5
Division 2 Appointment 6
69 Appointment 7
The chief executive may appoint a person as interim manager 8
for a funded service provider receiving assistance other than 9
assistance that is one-off funding. 10
70 Basis for appointment 11
(1) The chief executive may make the appointment only if the 12
chief executive is satisfied the appointment is reasonably 13
necessary to ensure the proper and efficient use of funds under 14
the service agreement with the service provider. 15
(2) In deciding whether the appointment is reasonably necessary, 16
the chief executive may have regard to all of the following 17
matters-- 18
(a) the type of community services provided by the service 19
provider; 20
(b) the amount of assistance given to the service provider; 21
(c) whether the chief executive has suspended or stopped 22
assistance to the service provider or is likely to suspend 23
or stop assistance; 24
(d) whether it appears the service provider is-- 25
(i) unwilling or unable to provide community services 26
to which the service agreement relates; or 27
(ii) providing community services in a way that does 28
not comply with the service agreement or the 29
prescribed requirements; 30
(e) the likely consequences if community services are not 31
provided or not provided in a way that complies with the 32
s 71 45 s 71
Community Services Bill 2007
service agreement with the service provider or the 1
prescribed requirements; 2
(f) whether the service provider is receiving assistance 3
from another source; 4
(g) the likely consequences of the appointment, of which 5
the chief executive is aware, for the service provider and 6
anyone else likely to be affected by the appointment; 7
(h) any other relevant matter of which the chief executive is 8
aware. 9
71 Suitability of proposed appointee 10
(1) The chief executive may make the appointment only if the 11
chief executive is satisfied the proposed appointee is suitable 12
for the appointment under this section. 13
(2) In deciding whether a person is suitable for the appointment, 14
the chief executive must have regard to the following 15
matters-- 16
(a) the type of community services provided by the funded 17
service provider; 18
(b) the reason for the appointment; 19
(c) the person's expertise or experience relevant to the 20
appointment; 21
(d) any conflict of interest that may arise in the course of the 22
person acting as interim manager; 23
(e) any other relevant matter of which the chief executive is 24
aware. 25
(3) A person who has agreed to a proposed appointment must 26
advise the chief executive, before the appointment is made, 27
whether the person is aware of a conflict of interest that may 28
arise in the course of the person acting as interim manager. 29
Maximum penalty--40 penalty units. 30
(4) Only an adult may be appointed as interim manager. 31
s 72 46 s 74
Community Services Bill 2007
72 Terms of appointment 1
An appointment of a person as interim manager of a funded 2
service provider must state the following matters-- 3
(a) the person's name; 4
(b) details of the service provider; 5
(c) the community services to be provided; 6
(d) the way in which, or the extent to which, the community 7
services are to be provided; 8
(e) details of the person's function as interim manager; 9
(f) any limitations on the person's powers as interim 10
manager; 11
(g) the period of the appointment; 12
(h) any conditions of the appointment; 13
(i) anything else the chief executive considers appropriate. 14
73 Notice to funded service provider about appointment 15
Immediately after appointing a person as interim manager of a 16
funded service provider, the chief executive must give a copy 17
of the appointment to the service provider. 18
74 Informing persons using community services about 19
appointment 20
The chief executive may direct the interim manager to inform 21
persons using community services provided by the funded 22
service provider of the appointment before the interim 23
manager exercises a power under this part, for example, by-- 24
(a) giving a notice of the appointment to persons using 25
community services provided by the service provider; or 26
(b) posting notice of the appointment at a place at the 27
premises of the service provider where it is likely to be 28
seen by persons using community services provided by 29
the service provider; or 30
s 75 47 s 76
Community Services Bill 2007
(c) directing the interim manager to inform persons using 1
community services provided by the service provider 2
about the appointment in an appropriate way. 3
75 Initial period of appointment 4
An interim manager may be appointed for a period of not 5
more than 3 months. 6
76 Variation of appointment 7
(1) After an interim manager starts to carry out the manager's 8
function, the chief executive may, by notice-- 9
(a) extend the period of the appointment; or 10
(b) vary the appointment in another way. 11
(2) The chief executive may extend the period of the appointment 12
if the chief executive is satisfied the extension is reasonably 13
necessary in all the circumstances. 14
(3) The period of the appointment may be extended more than 15
once. 16
(4) However-- 17
(a) the period of an extension must not be more than 3 18
months; and 19
(b) the total period of the initial appointment and any 20
extension or extensions must not be more than 6 21
months. 22
(5) The chief executive may vary the appointment in a way other 23
than by extending the period of the appointment if the chief 24
executive is satisfied the variation is appropriate, having 25
regard to-- 26
(a) the matters stated in section 70; and 27
(b) the operation of the funded service provider since the 28
appointment started. 29
(6) If the appointment is varied under this section, the chief 30
executive must ensure notice of the variation is given to the 31
service provider. 32
s 77 48 s 80
Community Services Bill 2007
77 Ending of appointment 1
(1) The chief executive may, by notice given to an interim 2
manager, end the manager's appointment at any time before 3
the end of the period of appointment if the chief executive is 4
satisfied the appointment is no longer appropriate, having 5
regard to the matters stated in section 70. 6
(2) Immediately after ending an appointment under subsection 7
(1), the chief executive-- 8
(a) must give notice about the ending of the appointment to 9
the funded service provider; and 10
(b) may inform persons using community services provided 11
by the service provider about the ending of the 12
appointment in the way the chief executive considers 13
appropriate. 14
Division 3 Function and powers 15
78 Application of div 3 16
This division applies to a person appointed as interim 17
manager of a funded service provider. 18
79 Interim manager's function 19
The interim manager's function is, under the terms of the 20
appointment-- 21
(a) to ensure the proper and efficient use of assistance under 22
the service agreement with the funded service provider; 23
and 24
(b) to provide community services that the funded service 25
provider has agreed to provide under the service 26
agreement. 27
80 Interim manager's powers 28
So far as is necessary to carry out his or her function, an 29
interim manager appointed to a funded service provider-- 30
s 81 49 s 84
Community Services Bill 2007
(a) may enter any part of the service provider's premises; 1
and 2
(b) may use the facilities or things in the premises that it 3
appears are intended for use, or are ordinarily used, to 4
provide community services; and 5
(c) may ask for and accept payments owing to the service 6
provider; and 7
(d) may do anything in relation to a service agreement, on 8
behalf of the service provider, that the service provider 9
is permitted or required to do. 10
81 Direction by chief executive 11
An interim manager is subject to the chief executive's 12
direction in performing the interim managers's function and 13
exercising the powers given under this part. 14
82 Other powers 15
The interim manager has the other powers of the funded 16
service provider that are necessary or convenient to carry out 17
the manager's function. 18
Example-- 19
It may be necessary for the interim manager to carry out repairs to the 20
funded service provider's property. 21
83 Limitation on powers under instrument of appointment 22
A power conferred on the interim manager under this part 23
applies subject to any limitation stated in the instrument of 24
appointment. 25
84 Production of instrument of appointment for inspection 26
(1) This section applies if-- 27
(a) the interim manager is exercising, or proposes to 28
exercise, a power given under this part in relation to a 29
person; and 30
s 85 50 s 87
Community Services Bill 2007
(b) the person asks the manager to produce the manager's 1
instrument of appointment for the person's inspection. 2
(2) The manager must comply with the request. 3
85 Obstruction 4
(1) A person must not obstruct an interim manager in the exercise 5
of a power, unless the person has a reasonable excuse. 6
Maximum penalty--40 penalty units. 7
(2) If a person has obstructed an interim manager and the 8
manager decides to proceed with the exercise of the power, 9
the manager must warn the person that-- 10
(a) it is an offence to obstruct the manager, unless the 11
person has a reasonable excuse; and 12
(b) the manager considers the person's conduct an 13
obstruction. 14
Division 4 Other matters 15
86 Access to information or documents 16
(1) The interim manager may ask an executive officer of the 17
funded service provider for information or documents that the 18
manager reasonably needs to carry out the manager's 19
function. 20
(2) The chief executive may disclose information to an interim 21
manager, or give an interim manager access to documents, to 22
the extent the chief executive considers appropriate for the 23
purpose of the manager's appointment. 24
87 Confidentiality 25
(1) This section applies to a person-- 26
(a) who is, or has been, appointed as interim manager of a 27
funded service provider; and 28
(b) who, in the course of the appointment or because of an 29
opportunity provided by the appointment, has gained or 30
s 88 51 s 89
Community Services Bill 2007
has access to confidential information about the service 1
provider or someone else. 2
(2) The person must not disclose the information to anyone else 3
or give access to the information to anyone else, other than-- 4
(a) for a purpose of this part; or 5
(b) under section 90; or 6
(c) with the consent of the service provider or other person 7
to whom the information relates; or 8
(d) in compliance with lawful process requiring production 9
of documents or giving of evidence before a court or 10
tribunal; or 11
(e) to protect an individual receiving community services 12
from the service provider from abuse, neglect or 13
exploitation; or 14
(f) as expressly permitted or required by another Act. 15
Maximum penalty--40 penalty units. 16
88 Remuneration 17
An interim manager is entitled to be paid the reasonable 18
amount of remuneration agreed with the chief executive. 19
89 Funded service provider liable for remuneration and 20
other costs 21
(1) If an interim manager is appointed to a funded service 22
provider, the chief executive may give the service provider a 23
written demand for the amount of an administration cost. 24
(2) The chief executive may recover the amount as a debt owed to 25
the State. 26
(3) In this section-- 27
administration cost means the remuneration paid to the 28
interim manager and any other reasonable cost incurred in 29
carrying out the manager's function. 30
s 90 52 s 92
Community Services Bill 2007
90 Accounts and reports 1
(1) An interim manager appointed to a funded service provider 2
must give to the chief executive-- 3
(a) records of all amounts received or paid in the course of 4
the appointment; and 5
(b) the other reports about the administration that the chief 6
executive requires. 7
(2) The records and other reports must be given as soon as 8
possible after the end of the appointment or, if required by the 9
chief executive at a time during the appointment, at that time. 10
(3) The chief executive must give a copy of each record or report 11
to the service provider. 12
91 Compensation 13
(1) A person may claim compensation from the chief executive if 14
the person incurs loss or damage because of the exercise or 15
purported exercise of a power under this part. 16
(2) Compensation may be claimed and ordered to be paid in a 17
proceeding brought in a court with jurisdiction for the 18
recovery of the amount of compensation claimed. 19
(3) A court may order compensation to be paid only if satisfied it 20
is just to make the order in the circumstances of the particular 21
case. 22
Part 9 Reviews and appeals 23
Division 1 Reviewable decisions 24
92 Reviewable decisions 25
Schedule 1 states-- 26
(a) decisions of the chief executive under this Act that are 27
reviewable decisions; and 28
s 93 53 s 94
Community Services Bill 2007
(b) for each reviewable decision, the person who may seek 1
to have the decision reviewed under this part (the 2
interested person). 3
93 Chief executive must give notice after making reviewable 4
decision 5
(1) Immediately after making a reviewable decision, the chief 6
executive must give to the interested person a notice stating-- 7
(a) the decision; and 8
(b) the reasons for the decision; and 9
(c) that, within 28 days after receiving the notice, the 10
interested person may apply to the chief executive for a 11
review of the decision; and 12
(d) how the interested person may apply for the review; and 13
(e) that, if the interested person applies for a review of the 14
decision and the matter is not resolved on the review, the 15
interested person may appeal against the decision on 16
review to the tribunal. 17
(2) Subsection (1) does not apply if the chief executive can not 18
locate the interested person after making reasonable enquiries. 19
Division 2 Review of decision 20
94 Application for review 21
(1) This section applies to the interested person for a reviewable 22
decision. 23
(2) Within 28 days after the interested person receives a notice 24
under section 93 about the decision, the interested person may 25
apply to the chief executive to review the decision. 26
(3) The chief executive may extend the time for applying for the 27
review. 28
(4) Also, the interested person may apply to the chief executive to 29
review the decision if the chief executive has not given the 30
interested person a notice under section 93 about the decision. 31
s 95 54 s 96
Community Services Bill 2007
(5) The application must be in the approved form and supported 1
by enough information to enable the chief executive to decide 2
the application. 3
95 Stay of operation of original decision 4
(1) An application under section 94 for review of a decision does 5
not stay the decision. 6
(2) However, before the decision takes effect, the chief executive 7
may, by notice given to the interested person, stay the 8
operation of the decision for a stated period. 9
(3) Also, whether or not the interested person has asked the chief 10
executive to stay the operation of the decision, the interested 11
person may apply to the tribunal for a stay of the decision. 12
(4) The chief executive or the tribunal may stay the decision to 13
secure the effectiveness of the review and any later appeal to 14
the tribunal. 15
(5) The stay may be granted on conditions the chief executive or 16
tribunal considers appropriate and has effect for the period 17
stated by the chief executive or the tribunal. 18
(6) The period of the stay must not extend past the time when the 19
chief executive makes the review decision and any later period 20
the chief executive or tribunal allows to enable the interested 21
person to appeal against the review decision. 22
96 Review decision 23
(1) This section applies to an application under section 94 for 24
review of a decision (the original decision). 25
(2) Unless the chief executive made the original decision 26
personally, the chief executive must ensure the application is 27
not dealt with by-- 28
(a) the person who made the original decision; or 29
(b) a person in a less senior office than the person who 30
made the original decision. 31
(3) Within 28 days after receiving the application, the chief 32
executive must review the original decision and make a 33
decision (the review decision)-- 34
s 97 55 s 97
Community Services Bill 2007
(a) confirming the original decision; or 1
(b) amending the original decision; or 2
(c) substituting another decision for the original decision. 3
(4) Immediately after deciding the application, the chief executive 4
must give the interested person a notice stating-- 5
(a) the review decision; and 6
(b) the reasons for the review decision; and 7
(c) that, within 28 days after receiving the notice, the 8
interested person may appeal against the review 9
decision to the tribunal; and 10
(d) how the interested person may appeal. 11
(5) If the chief executive does not decide the application within 12
28 days after receiving it, the chief executive is taken to have 13
made a review decision confirming the original decision. 14
Division 3 Appeal against review decision 15
97 Appeal against review decision 16
(1) Within 28 days after receiving a decision notice for a review 17
decision, the interested person for the decision may appeal 18
against the decision to the tribunal. 19
Note-- 20
The Commercial and Consumer Tribunal Act 2003, section 31, states 21
how to start a proceeding for a matter for which the tribunal has 22
jurisdiction. 23
(2) Also, if the chief executive has made a review decision but has 24
not given the interested person a decision notice for the 25
decision, the interested person for the decision may appeal 26
against the decision to the tribunal. 27
(3) If the interested person has received a decision notice for the 28
review decision, the application filed in the tribunal to start the 29
appeal must be accompanied by a copy of the decision notice. 30
(4) In this section-- 31
s 98 56 s 101
Community Services Bill 2007
decision notice, for a review decision, means a notice under 1
section 96(4) about the decision. 2
98 Appeal is by way of rehearing 3
The appeal to the tribunal is by way of rehearing on the 4
evidence that was before the chief executive. 5
Part 10 Screening of persons engaged 6
by the department 7
Division 1 Preliminary 8
99 Main purpose of pt 10 9
The main purpose of this part is to enable the chief executive 10
to obtain the criminal history of, and related information 11
about, persons engaged or to be engaged by the department. 12
100 Persons engaged by the department 13
Each of the following persons is engaged by the 14
department-- 15
(a) a public service employee working in the department; 16
(b) a contractor working in the department in the 17
administration of an Act administered by the Minister; 18
(c) a person working in the department as a volunteer or as 19
a student on work experience. 20
101 This part applies despite the Criminal Law (Rehabilitation 21
of Offenders) Act 1986 22
This part applies to a person despite anything in the Criminal 23
Law (Rehabilitation of Offenders) Act 1986. 24
s 102 57 s 103
Community Services Bill 2007
102 Chief executive to advise of duties of disclosure etc. 1
Before a person is engaged by the department, the chief 2
executive must tell the person-- 3
(a) of the person's duties of disclosure under this part; and 4
(b) that the chief executive may obtain the information 5
about the person mentioned in section 108;4 and 6
(c) that guidelines for dealing with information obtained by 7
the chief executive under this part are available from the 8
chief executive on request. 9
Division 2 Interpretation 10
103 What is a serious offence 11
(1) A serious offence is-- 12
(a) for each Act mentioned in schedule 2, an offence against 13
a provision mentioned in column 1 of that schedule for 14
that Act, subject to any limitation relating to the 15
provision mentioned opposite in column 3; or 16
(b) an offence of counselling or procuring the commission 17
of, or attempting or conspiring to commit, an offence 18
mentioned in paragraph (a); or 19
(c) an offence against a provision mentioned in schedule 3 20
that is an expired or repealed provision of the Criminal 21
Code, subject to any qualification relating to the 22
provision mentioned opposite in column 3; or 23
(d) an offence against a law at any time of another 24
jurisdiction that substantially corresponds to an offence 25
mentioned in paragraph (a), (b) or (c); or 26
(e) an offence that is a class 1 or 2 offence as defined under 27
the Child Protection (Offender Reporting) Act 2004 that 28
is not otherwise a serious offence under this subsection. 29
4 Section 108 (Chief executive may obtain report from commissioner of the police
service)
s 104 58 s 106
Community Services Bill 2007
Note-- 1
Column 2 in schedules 2 and 3 is included for information purposes 2
only and states a section heading for the provision mentioned opposite 3
in column 1. 4
(2) For this section, it is immaterial if a provision mentioned in 5
schedule 2 or 3, column 1, for an Act has been amended from 6
time to time or that the provision was previously numbered 7
with a different number. 8
Division 3 Disclosure of criminal history 9
104 Persons seeking to be engaged by the department must 10
disclose criminal history 11
A person seeking to be engaged by the department must 12
disclose to the chief executive, before being engaged-- 13
(a) whether or not the person has a criminal history; and 14
(b) if the person has a criminal history, the person's 15
complete criminal history. 16
105 Persons engaged by the department must disclose 17
changes in criminal history 18
(1) If there is a change in the criminal history of a person engaged 19
by the department, the person must immediately disclose to 20
the chief executive the details of the change. 21
(2) For a person who does not have a criminal history, there is 22
taken to be a change in the person's criminal history if the 23
person acquires a criminal history. 24
106 Requirements for disclosure 25
(1) To comply with section 104 or 105, a person must give the 26
chief executive a disclosure in the approved form. 27
(2) The information disclosed by a person about a conviction or 28
charge of an offence in the person's criminal history must 29
include-- 30
s 107 59 s 108
Community Services Bill 2007
(a) the existence of the conviction or charge; and 1
(b) when the offence was committed or alleged to have been 2
committed; and 3
(c) the details of the offence or alleged offence; and 4
(d) for a conviction--whether or not a conviction was 5
recorded and the sentence imposed on the person. 6
107 False or misleading disclosure or failure to disclose 7
(1) A person must not-- 8
(a) give the chief executive a disclosure for the purposes of 9
this division that is false or misleading in a material 10
particular; or 11
(b) fail to give the chief executive a disclosure as required 12
under section 105, unless the person has a reasonable 13
excuse. 14
Maximum penalty--100 penalty units or 2 years 15
imprisonment. 16
(2) Subsection (1)(a) does not apply to a person who, when 17
giving the disclosure-- 18
(a) informs the chief executive, to the best of the person's 19
ability, how it is false or misleading; and 20
(b) gives the correct information to the chief executive if the 21
person has, or can reasonably obtain, the correct 22
information. 23
Division 4 Chief executive may obtain 24
information 25
108 Chief executive may obtain report from commissioner of 26
the police service 27
(1) This section applies to a person who-- 28
(a) is engaged by the department; or 29
s 108 60 s 108
Community Services Bill 2007
(b) seeks to be engaged by the department and has given the 1
chief executive a disclosure for the purposes of division 2
3. 3
(2) The chief executive may ask the commissioner of the police 4
service to give the chief executive the following information 5
about the person-- 6
(a) a written report about the person's criminal history; 7
(b) a brief description of the circumstances of a conviction 8
or charge mentioned in the person's criminal history; 9
(c) information about an investigation relating to the 10
possible commission of a serious offence by the person. 11
(3) Subject to subsections (4) and (5), the commissioner of the 12
police service must comply with the request. 13
(4) The duty imposed on the commissioner of the police service 14
to comply with the request-- 15
(a) applies only to information in the commissioner's 16
possession or to which the commissioner has access; 17
and 18
(b) in relation to information mentioned in subsection 19
(2)(c)--applies only to information recorded on a 20
central electronic database kept by the commissioner. 21
(5) The commissioner of the police service must not give 22
information about an investigation relating to the possible 23
commission of a serious offence by the person if-- 24
(a) the commissioner is reasonably satisfied that giving the 25
information-- 26
(i) may prejudice or otherwise hinder an investigation 27
to which the information may be relevant; or 28
(ii) may lead to the identification of an informant; or 29
(iii) may affect the safety of a police officer, 30
complainant or other person; or 31
(b) for an investigation that has been completed--the 32
investigation has not led, and the commissioner is 33
reasonably satisfied it is unlikely to lead, to a reasonable 34
suspicion that the person committed a serious offence; 35
or 36
s 109 61 s 109
Community Services Bill 2007
(c) for an investigation that has not been completed--the 1
commissioner is reasonably satisfied the investigation is 2
unlikely to lead to a reasonable suspicion that the person 3
committed a serious offence. 4
109 Prosecuting authority to notify chief executive about 5
committal, conviction etc. 6
(1) This section applies if a person is charged with an indictable 7
offence and the commissioner of the police service or the 8
director of public prosecutions (a prosecuting authority) is 9
aware that the person is engaged by the department. 10
(2) If the person is committed by a court for trial for an indictable 11
offence, the prosecuting authority must, within 7 days after 12
the committal, give notice to the chief executive of the 13
following-- 14
(a) the person's name; 15
(b) the court; 16
(c) particulars of the offence; 17
(d) the date of the committal; 18
(e) the court to which the person was committed. 19
(3) If the person is convicted before a court of an indictable 20
offence, the prosecuting authority must, within 7 days after 21
the conviction, give notice to the chief executive of the 22
following-- 23
(a) the person's name; 24
(b) the court; 25
(c) particulars of the offence; 26
(d) the date of the conviction; 27
(e) the sentence imposed by the court. 28
(4) If the person is convicted of an indictable offence, and has 29
appealed the conviction, and the appeal is finally decided or 30
has otherwise ended, the prosecuting authority must, within 7 31
days after the decision or the day the appeal otherwise ends, 32
give notice to the chief executive of the following-- 33
(a) the person's name; 34
s 110 62 s 110
Community Services Bill 2007
(b) particulars of the offence; 1
(c) the date of the decision or other ending of the appeal; 2
(d) if the appeal was decided-- 3
(i) the court in which it was decided; and 4
(ii) particulars of the decision. 5
(5) If the prosecution process ends without the person being 6
convicted of an indictable offence, the prosecuting authority 7
must, within 7 days after the end, give notice to the chief 8
executive about the following-- 9
(a) the person's name; 10
(b) if relevant, the court in which the prosecution process 11
ended; 12
(c) particulars of the offence; 13
(d) the date the prosecution process ended. 14
(6) For subsection (5), a prosecution process ends if-- 15
(a) an indictment is presented against the person and-- 16
(i) a nolle prosequi is entered on the indictment; or 17
(ii) the person is acquitted; or 18
(b) the prosecution process has otherwise ended. 19
Division 5 Controls on use of information 20
110 Use of information obtained under this part 21
(1) This section applies to the chief executive in considering 22
information about a person received under this part. 23
(2) The information must not be used for any purpose other than 24
assessing the person's suitability to be, or continue to be, 25
engaged by the department. 26
(3) When making the assessment, the chief executive must have 27
regard to the following matters relating to information about 28
the commission, or alleged or possible commission, of an 29
offence by the person-- 30
s 111 63 s 112
Community Services Bill 2007
(a) when the offence was committed, is alleged to have 1
been committed or may possibly have been committed; 2
(b) the nature of the offence and its relevance to the person's 3
proposed duties or duties under the sought engagement 4
or engagement; 5
(c) anything else the chief executive considers relevant to 6
the assessment of the person. 7
111 Person to be advised of information obtained 8
(1) This section applies to information obtained by the chief 9
executive about a person, under this part, from the 10
commissioner of the police service. 11
(2) Before using the information to assess the person's suitability 12
to be, or continue to be, engaged by the department, the chief 13
executive must-- 14
(a) disclose the information to the person; and 15
(b) allow the person a reasonable opportunity to make 16
representations to the chief executive about the 17
information. 18
112 Guidelines for dealing with information 19
(1) The chief executive must make guidelines, consistent with 20
this Act, for dealing with information obtained by the chief 21
executive under this part. 22
(2) The purpose of the guidelines is to ensure-- 23
(a) natural justice is afforded to the persons about whom the 24
information is obtained; and 25
(b) only relevant information is used in assessing the 26
persons' suitability to be, or continue to be, engaged by 27
the department; and 28
(c) decisions about the suitability of persons, based on the 29
information, are made consistently. 30
(3) The chief executive must give a copy of the guidelines, on 31
request, to a person seeking to be engaged, or engaged, by the 32
department. 33
s 113 64 s 116
Community Services Bill 2007
Part 11 Legal proceedings 1
Division 1 Application 2
113 Application of pt 11 3
This part applies to a proceeding under this Act. 4
Division 2 Evidence 5
114 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
115 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
116 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 117 65 s 119
Community Services Bill 2007
(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
117 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
118 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
119 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 120 66 s 122
Community Services Bill 2007
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
120 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
121 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
122 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 123 67 s 123
Community Services Bill 2007
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
123 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 124 68 s 127
Community Services Bill 2007
Part 12 Miscellaneous 1
124 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
125 Dissolution 7
The Minister may dissolve an advisory committee at any time. 8
126 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
127 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 105 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
5 Part 10 (Screening of persons engaged by the department)
s 128 69 s 128
Community Services Bill 2007
(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
128 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 127(1)(b). 22
(2) The person must not disclose the information, or give access 23
to the information, to anyone else, other than-- 24
(a) for administering, monitoring or enforcing compliance 25
with this Act; or 26
(b) with the consent of the individual to whom the 27
information relates; or 28
(c) in compliance with lawful process requiring production 29
of documents or giving of evidence before a court or 30
tribunal; or 31
s 129 70 s 130
Community Services Bill 2007
(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
129 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
130 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 129. 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 131 71 s 132
Community Services Bill 2007
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
131 Chief executive may share information about service 20
provider 21
The chief executive may give information about an approved 22
service provider or a funded 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
132 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 133 72 s 135
Community Services Bill 2007
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
Example of standing-- 7
if a person is a public service employee of the department, the person's 8
classification level in the department 9
function includes a power. 10
133 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
134 Approval of forms 24
The chief executive may approve forms for use under this Act. 25
135 Regulation-making power 26
(1) The Governor in Council may make regulations under this 27
Act. 28
(2) A regulation made under this Act may-- 29
s 136 73 s 138
Community Services Bill 2007
(a) prescribe fees payable under this Act and the matters for 1
which fees are payable; and 2
(b) impose a penalty of not more than 20 penalty units for a 3
contravention of a provision of a regulation. 4
Part 13 Savings and transitional 5
provisions 6
136 Definitions for pt 13 7
In this part-- 8
commencement means the commencement of this part. 9
137 Certain service providers taken to be approved under 10
part 3 and to be funded service providers 11
(1) This section applies to a service provider that, at the 12
commencement, is providing community services with 13
funding received by way of a grant from the department to the 14
service provider under the Family Services Act 1987. 15
(2) The service provider is, from the commencement, taken to 16
be-- 17
(a) an approved service provider for this Act; and 18
(b) a funded service provider for this Act. 19
(3) However, the service provider is not taken to be an approved 20
service provider if the funding was one-off funding. 21
138 When grants under the Family Services Act continue 22
(1) This section applies to a service provider that, at the 23
commencement, is providing community services with 24
funding received by way of a grant from the department to the 25
service provider under the Family Services Act 1987. 26
(2) Subject to subsections (3) and (6), the service provider may 27
continue to receive the funding under this Act. 28
s 139 74 s 139
Community Services Bill 2007
(3) Subsection (2) does not apply if the funding was one-off 1
funding. 2
(4) Any conditions to which the grant was subject under the 3
Family Services Act 1987 continue to apply to the funding. 4
(5) If the service provider has, before the commencement, signed 5
an agreement in relation to a grant under the Family Services 6
Act 1987, that agreement-- 7
(a) is taken to be a service agreement under this Act; and 8
(b) is taken to include a show cause process for a breach of 9
the agreement that allows the chief executive to suspend 10
or stop the assistance under the agreement. 11
(6) If the service provider has not signed an agreement in relation 12
to a grant under the Family Services Act 1987 before the 13
commencement, funding must stop 1 year after the 14
commencement unless-- 15
(a) the Minister approves assistance under this Act; and 16
(b) a service agreement is signed by the service provider. 17
(7) No compensation is payable to a service provider if assistance 18
to the service provider stops under subsection (6). 19
139 Other matters 20
(1) Nothing in this Act affects the operation of the Family 21
Services Act 1987, section 11, in relation to a matter started, 22
but not completed, before the commencement. 23
(2) The matter may be completed as if the Family Services Act 24
1987 continued to be administered by the Minister 25
administering this Act. 26
(3) Subsection (4) applies to a service provider that, at the 27
commencement-- 28
(a) is providing community services with funding received 29
by way of a grant from the department to the service 30
provider under the Family Services Act 1987; and 31
(b) has not signed an agreement in relation to the grant. 32
(4) Until the service provider signs an agreement under this Act, 33
the Family Services Act 1987, section 11 continues to apply as 34
s 140 75 s 141
Community Services Bill 2007
if that Act continued to be administered by the Minister 1
administering this Act. 2
Part 14 Amendment of Child Protection 3
Act 1999 4
140 Act amended in pt 14 5
This part amends the Child Protection Act 1999. 6
141 Insertion of new s 189A 7
Chapter 6, part 6, division 2, after section 189-- 8
insert-- 9
`189A Making information available for Juvenile Justice 10
Act 1992 11
`(1) The chief executive may, under arrangements made with the 12
chief executive (juvenile justice), make information about a 13
person's affairs, acquired in the administration of this Act, 14
available to officers of the department (juvenile justice) for the 15
purposes of the Juvenile Justice Act 1992. 16
`(2) However, subsection (1) does not apply to information about 17
the identity of a person mentioned in section 186(1) who 18
notifies the chief executive, an authorised officer or a police 19
officer that the person suspects a matter mentioned in section 20
186(1)(a) or (b). 21
`(3) This section is not limited by, and does not limit, chapter 5A.6 22
`(4) Section 188 does not apply to information made available 23
under subsection (1). 24
`(5) In this section-- 25
chief executive (juvenile justice) means the chief executive of 26
the department (juvenile justice). 27
6 Chapter 5A (Service delivery coordination and information exchange)
s 142 76 s 145
Community Services Bill 2007
department (juvenile justice) means the department in which 1
the Juvenile Justice Act 1992 is administered. 2
Note-- 3
The Juvenile Justice Act 1992, part 9, restricts the use, recording and 4
disclosure of stated information.'. 5
Part 15 Amendment of Commercial and 6
Consumer Tribunal Act 2003 7
142 Act amended in pt 15 8
This part amends the Commercial and Consumer Tribunal Act 9
2003. 10
143 Amendment of sch 2 (Dictionary) 11
Schedule 2, definition empowering Act-- 12
insert-- 13
`· Community Services Act 2007'. 14
Part 16 Amendment of Juvenile Justice 15
Act 1992 16
144 Act amended in pt 16 17
This part amends the Juvenile Justice Act 1992. 18
145 Amendment of s 108 (Committal or committal proceeding 19
for joint trial with another person) 20
Section 108(3), `judge'-- 21
omit, insert-- 22
`magistrate'. 23
s 146 77 s 147
Community Services Bill 2007
146 Amendment of s 121 (Stay of proceeding and suspension 1
of orders) 2
Section 121(4), `appeal'-- 3
omit, insert-- 4
`review'. 5
147 Insertion of new s 297A 6
Part 9, division 2, after section 297-- 7
insert-- 8
`297A Making information available for Child Protection 9
Act 1999 10
`(1) The chief executive may, under arrangements made with the 11
chief executive (child safety), make information, including 12
confidential information, relating to a person, gained in the 13
administration of this Act, available to officers of the 14
department (child safety) for the purposes of the Child 15
Protection Act 1999. 16
`(2) However, subsection (1) does not apply to information about 17
the identity of a detention centre employee who makes a 18
report to the chief executive under section 268. 19
`(3) In this section-- 20
chief executive (child safety) means the chief executive of the 21
department (child safety). 22
department (child safety) means the department in which the 23
Child Protection Act 1999 is administered. 24
Note-- 25
The Child Protection Act 1999, chapter 6, part 6, restricts the use or 26
disclosure of stated information and access to stated documents.'. 27
s 148 78 s 149
Community Services Bill 2007
Part 17 Amendment of Young 1
Offenders (Interstate Transfer) 2
Act 1987 3
148 Act amended in pt 17 4
This part amends the Young Offenders (Interstate Transfer) 5
Act 1987. 6
149 Amendment of s 3 (Interpretation) 7
(1) Section 3, definition department-- 8
omit. 9
(2) Section 3, definition guardian, from `but' to `head'-- 10
omit. 11
(3) Section 3, definition permanent head, from `in which' to 12
`administered'-- 13
omit. 14
79
Community Services Bill 2007
Schedule 1 Reviewable decisions 1
section 92 2
Interested person Reviewable decision
applicant for approval to refuse approval as an approved service
as an approved service provider (s 16(1))
provider
approved service to refuse to cancel approval as an approved
provider service provider (s 19(1))
approved service to cancel approval as an approved service
provider provider (s 20(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 32(8))
funded service provider to appoint an interim manager for a funded
for which interim service provider (s 69)
manager appointed
80
Community Services Bill 2007
Schedule 2 Current serious offences 1
section 103 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
81
Community Services Bill 2007
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
prohibited could be liable as mentioned in section
publication or child 12, penalty, paragraph (c)
abuse photograph
13 Possession of Only if an offender could have been or
prohibited could be liable as mentioned in section
publication 13, penalty, paragraph (c)
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
publication or child could be liable as mentioned in section
abuse photograph 16, penalty, paragraph (c)
in or on public
place
17 Producing Only if an offender could have been or
prohibited could be liable as mentioned in section
publication 17(1), penalty, paragraph (c) or 17(2),
penalty, paragraph (c) or the offence is an
offence under section 17(3) or (4)
82
Community Services Bill 2007
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
publication or child could be liable as mentioned in section
abuse photograph 20, penalty, paragraph (c)
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
83
Community Services Bill 2007
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
publications and could be liable as mentioned in section
exhibitions 228(2) or (3)
228A Involving child in
making child
exploitation
material
228B Making child
exploitation
material
228C Distributing child
exploitation
material
228D Possessing child
exploitation
material
84
Community Services Bill 2007
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
prostitution could be liable as mentioned in 229G(2)
229H Knowingly Only if an offender could have been or
participating in could be liable as mentioned in 229H(2)
provision of
prostitution
229I Persons found in Only if an offender could have been or
places reasonably could be liable as mentioned in 229I(2)
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
85
Community Services Bill 2007
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
86
Community Services Bill 2007
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)
87
Community Services Bill 2007
Schedule 3 Repealed or expired serious 1
offences 2
section 103 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
88
Community Services Bill 2007
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.
89
Community Services Bill 2007
Schedule 4 Dictionary 1
section 6 2
accepted representations, for part 6, division 2, see section 3
35(2). 4
appeal, against a decision to the tribunal, means apply to the 5
tribunal for a review of the decision. 6
approved form means a form approved by the chief executive 7
under section 134. 8
approved service provider see section 8. 9
assistance means assistance given to a service provider under 10
part 4. 11
authorised officer means a person appointed as an authorised 12
officer under section 42. 13
commencement, for part 13, see section 136. 14
commissioner of the police service means the commissioner 15
of the police service appointed under the Police Service 16
Administration Act 1990. 17
compliance notice see section 32(3). 18
confidential information includes information about a 19
person's affairs but does not include-- 20
(a) information already publicly disclosed unless further 21
disclosure of the information is prohibited by law; or 22
(b) statistical or other information that could not reasonably 23
be expected to result in the identification of the person 24
to whom the information relates. 25
conviction means a finding of guilt or the acceptance of a plea 26
of guilty by a court, whether or not a conviction is recorded. 27
criminal history, of a person, means-- 28
(a) every conviction of the person for an offence, in 29
Queensland or elsewhere, and whether before or after 30
the commencement of this Act; and 31
90
Community Services Bill 2007
Schedule 4 (continued)
(b) every charge made against the person for an offence, in 1
Queensland or elsewhere, and whether before or after 2
the commencement of this Act. 3
engaged by the department see section 100. 4
executive officer, of a corporation, means any person, by 5
whatever name called and whether or not the person is a 6
director of the corporation, who is concerned or takes part in 7
the management of the corporation. 8
funded service provider see section 9. 9
home means premises used as a private residence. 10
indictable offence includes an indictable offence dealt with 11
summarily, whether or not the Criminal Code, section 6597, 12
applies to the indictable offence. 13
interested person, for a reviewable decision, see section 14
92(b). 15
interim manager means a person appointed as interim 16
manager under section 69. 17
notice means a written notice. 18
obstruct includes hinder and attempt to obstruct or hinder. 19
place includes premises and vacant land. 20
premises includes-- 21
(a) a building or other structure; and 22
(b) a part of a building or other structure; and 23
(c) a vehicle; and 24
(d) a caravan. 25
prescribed requirement means a requirement prescribed 26
under section 29. 27
proposed action, for part 6, division 2, see section 34(2)(a). 28
reviewable decision means a decision stated in schedule 1. 29
7 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
91
Community Services Bill 2007
Schedule 4 (continued)
review decision, for part 9, see section 96(3). 1
serious offence see section 103. 2
service agreement see section 27(1). 3
service provider see section 7. 4
show cause notice, for part 6, division 2, see section 34(2). 5
show cause period, for part 6, division 2, see section 34(2)(d). 6
standards see section 10(1). 7
tribunal means the Commercial and Consumer Tribunal 8
established under the Commercial and Consumer Tribunal Act 9
2003. 10
© State of Queensland 2007
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