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Queensland
CHILDREN SERVICES
TRIBUNAL BILL 2000
Queensland
CHILDREN SERVICES TRIBUNAL BILL
2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Interpretation
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 What is "harm" to a child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3--Operation of Act
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 4--Object and principles
6 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Principles underlying this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 2--ESTABLISHMENT AND MEMBERSHIP OF
CHILDREN SERVICES TRIBUNAL
Division 1--Establishment of tribunal
8 Children Services Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
9 Tribunal not subject to direction by Minister . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2--Membership of tribunal
10 Membership of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Eligibility for appointment as member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2
Children Services Tribunal
15 Remuneration etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Minister may obtain information from commissioner of police service . . . 15
Division 3--Functions and powers of president and deputy president
18 President's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 President not subject to direction by Minister . . . . . . . . . . . . . . . . . . . . . . . . 16
20 Facilitators and independent inquirers lists . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21 President's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
22 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
23 When deputy president to act as president . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 3--REGISTRAR AND OTHER STAFF
24 Registrar of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 Keeping of records and information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
26 Staff of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 4--ORGANISATION, JURISDICTION AND OPERATION
OF TRIBUNAL
Division 1--Sitting and constitution of tribunal
27 Sitting of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
28 Constitution of tribunal for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
29 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
30 Limitation on members who may constitute tribunal . . . . . . . . . . . . . . . . . . 20
31 Members must disclose certain interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
32 Reconstituting tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
33 Way question of law to be decided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
34 Way other question to be decided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 2--Jurisdiction and matters relating to decisions
35 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
36 Tribunal may hold hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
37 Tribunal to decide matters afresh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
38 Powers of tribunal on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
39 President may refer reviewable decision back for internal review . . . . . . . 24
40 When matter before court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
41 Tribunal's powers to dismiss review application . . . . . . . . . . . . . . . . . . . . . . 25
3
Children Services Tribunal
42 Tribunal's decision must be in writing etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 26
43 Registrar must give information notice to parties . . . . . . . . . . . . . . . . . . . . . 26
44 Copies of decisions and recommendations must be given . . . . . . . . . . . . . . 26
45 Effect of tribunal's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 3--General powers and procedures of the tribunal
46 Powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
47 Method of conducting proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
48 Proceedings must usually be held in private . . . . . . . . . . . . . . . . . . . . . . . . . 28
49 Party and witness before tribunal may have support person present . . . . . . 29
50 When proceeding may be held in public . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
51 Procedure generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
52 Tribunal's procedures must take account of certain matters . . . . . . . . . . . . 30
53 Expert help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
54 Procedural directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
55 Adjournments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
56 Tribunal may proceed in absence of party . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 4--Starting reviews, parties and representatives, and stay of
reviewable decisions
57 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
58 How to start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
59 Applications on behalf of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
60 Registrar to give notice of review application . . . . . . . . . . . . . . . . . . . . . . . 33
61 Parties to review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
62 Certain persons may elect to become parties . . . . . . . . . . . . . . . . . . . . . . . . 34
63 Joinder of person as party to review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
64 Right of party to appear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
65 When review applications may be dealt with together . . . . . . . . . . . . . . . . 35
66 Representation of parties other than children . . . . . . . . . . . . . . . . . . . . . . . . 35
67 Representation of children by lawyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
68 Separate representation of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
69 Review application does not affect reviewable decision . . . . . . . . . . . . . . . 36
70 Stay of reviewable decision's operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
71 Withdrawal of review application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4
Children Services Tribunal
Division 5--Documents
72 Div 5 does not affect the Child Protection Act 1999, ss 186 or 191 . . . . . . 38
73 President or presiding member may constitute tribunal for ss 74,
75 and 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
74 Decision maker must give the tribunal certain documents . . . . . . . . . . . . . 38
75 Tribunal may order production of documents . . . . . . . . . . . . . . . . . . . . . . . . 39
76 Person may object to giving documents to tribunal . . . . . . . . . . . . . . . . . . . 40
77 Parties access to documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
78 When copies of documents may be given . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 6--Preliminary conferences
79 Preliminary conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
80 Single member may constitute tribunal for preliminary conference . . . . . . 42
81 Registrar must give parties notice of preliminary conference . . . . . . . . . . . 42
Division 7--Alternative dispute resolution
82 Purpose of alternative dispute resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
83 Referral to ADR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
84 Appointment of facilitators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
85 Facilitators must disclose certain interests . . . . . . . . . . . . . . . . . . . . . . . . . . 43
86 Procedure at ADR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
87 Evidence from ADR inadmissible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
88 Facilitators to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
89 Facilitators' reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
90 Settlement of review at ADR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 8--Children as witnesses etc.
91 Children must not be compelled to give evidence . . . . . . . . . . . . . . . . . . . . 45
92 Child's right to express views to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
93 Children giving evidence or expressing views to tribunal . . . . . . . . . . . . . . 46
94 Questioning of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
95 Provisions for child-related employment reviews . . . . . . . . . . . . . . . . . . . . . 47
96 Provisions applying if party to review is a child who is a parent of
the child about whom the reviewable decision was made . . . . . . . . . . . . . . 47
Division 9--Witnesses generally
97 Attendance of witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
5
Children Services Tribunal
98 Swearing or affirming witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
99 Allowances for witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
100 Witnesses need not be sworn or make affirmations . . . . . . . . . . . . . . . . . . . 49
101 Tribunal may refuse to allow party to call evidence etc. . . . . . . . . . . . . . . . 49
102 Tribunal may examine and cross-examine witnesses . . . . . . . . . . . . . . . . . . 49
103 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
104 Separate representative must not be called to give evidence . . . . . . . . . . . 50
Division 10--Other supporting provisions
105 Confidentiality orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
106 President or tribunal may authorise medical examination of child . . . . . . . 51
107 Carrying out medical examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
108 Tribunal may authorise constituting members to enter places and
have contact with children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
109 Constituting members may enter place etc. . . . . . . . . . . . . . . . . . . . . . . . . . 54
110 Order to enter--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
111 Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
112 Tribunal may exclude person for contempt . . . . . . . . . . . . . . . . . . . . . . . . . . 55
113 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
114 Recovery of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
PART 5--INQUIRIES BY INDEPENDENT INQUIRERS
Division 1--Appointment of independent inquirers for inquiries and
other matters
115 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
116 Independent inquirers must disclose certain interests . . . . . . . . . . . . . . . . . . 57
117 Functions of independent inquirers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
118 Independent inquirer's access to documents . . . . . . . . . . . . . . . . . . . . . . . . . 57
119 Production of independent inquirer's instrument of appointment etc. . . . . . 57
Division 2--Powers of independent inquirers
120 Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
121 Authorised member or tribunal may authorise entry of places and
contact with children by independent inquirer . . . . . . . . . . . . . . . . . . . . . . . 58
122 Independent inquirer may enter place etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
123 Order to enter--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
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Children Services Tribunal
Division 3--Reports by independent inquirers
124 Copies of independent inquirer's report to be given to parties . . . . . . . . . . . 60
125 Independent inquirer may be cross-examined about report . . . . . . . . . . . . . 60
126 Tribunal may adopt report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
PART 6--ENSURING TRIBUNAL DECISIONS AND
RECOMMENDATIONS ARE GIVEN EFFECT
127 Application of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
128 Requests to chief executives of government entities . . . . . . . . . . . . . . . . . . 61
129 What happens if decision not given effect etc. . . . . . . . . . . . . . . . . . . . . . . . 62
PART 7--APPEALS
130 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
131 When to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
132 Appeal does not affect tribunal's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
133 Powers of the court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
PART 8--MISCELLANEOUS
134 Government entity may nominate decision maker . . . . . . . . . . . . . . . . . . . . 63
135 Obstruction of independent inquirer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
136 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
137 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
138 Giving documents to children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
139 Giving documents to certain persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
140 Return of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
141 Certain information not to be published . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
142 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
143 Protection and immunity of member etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
144 Protecting staff members from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
145 President to give statistical information to commissioner . . . . . . . . . . . . . . 68
146 Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
147 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
148 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
149 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
150 Rule-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
151 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
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Children Services Tribunal
PART 9--SAVING AND TRANSITIONAL PROVISIONS
152 Definitions for pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
153 Saving of appointments of tribunal panel members under repealed Act . . . 70
154 Certain decisions taken to be reviewable decisions under this Act . . . . . . 70
155 Appeals under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
156 What happens if a tribunal established under repealed Act . . . . . . . . . . . . . 71
157 Appeals to District Court from decisions of tribunals established
under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 73
CONSEQUENTIAL AMENDMENTS
ADOPTION OF CHILDREN ACT 1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
CHILD CARE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
CHILD PROTECTION ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 81
DICTIONARY
2000
A BILL
FOR
An Act to establish the Children Services Tribunal, to provide for the
review by the tribunal of certain decisions about services for
children, and for other purposes
s1 10 s4
Children Services Tribunal
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
1--Introduction 3
Division
title 4
Short
1. This Act may be cited as the Children Services Tribunal Act 2000. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
2--Interpretation 8
Division
9
Dictionary
3. The dictionary in schedule 2 defines particular words used in this Act. 10
is "harm" to a child 11
What
4.(1) "Harm", to a child, is any detrimental effect of a significant nature 12
on the child's physical, psychological or emotional wellbeing. 13
(2) It is immaterial how the harm is caused. 14
(3) Harm can be caused by-- 15
(a) physical, psychological or emotional abuse or neglect; or 16
(b) sexual abuse or exploitation. 17
s5 11 s7
Children Services Tribunal
Division 3--Operation of Act 1
binds all persons 2
Act
5.(1) This Act binds all persons including the State and, so far as the 3
legislative power of the Parliament permits, the Commonwealth and all the 4
other States. 5
(2) Subsection (1) does not make the State, the Commonwealth or 6
another State liable for an offence. 7
Division 4--Object and principles 8
9
Object
6. The object of this Act is to establish the Children Services Tribunal-- 10
(a) to provide merit reviews of reviewable decisions that is 11
accessible, fair, informal, just and quick; and 12
(b) to make decisions in a review that promote the interests, rights 13
and wellbeing of the child about whom the reviewable decision 14
was made; and 15
(c) to conduct proceedings in a way that-- 16
(i) promotes the interests, rights and wellbeing of the child 17
involved in the proceedings; and 18
(ii) uses adversarial and inquisitorial procedures, as appropriate, 19
to arrive at the best possible decision in the circumstances; 20
and 21
(d) to foster an atmosphere of review that enhances the delivery of 22
services to children. 23
underlying this Act 24
Principles
7. The following principles underlie this Act-- 25
(a) in decisions involving a child-- 26
(i) the best interests of the child are the paramount concern; and 27
s7 12 s7
Children Services Tribunal
(ii) the child's views and wishes should be taken into account in 1
a way that has regard to the child's age and maturity; 2
(b) every child is entitled to be protected from harm and cared for in a 3
way that promotes the child's wellbeing; 4
(c) every child is entitled to be treated in a way that respects the 5
child's dignity and privacy; 6
(d) it is generally in a child's best interests that decisions about the 7
child's welfare are made as quickly as possible; 8
(e) a child entitled to start, or participate in, a review-- 9
(i) should be given the information and help necessary for the 10
child to do so; and 11
(ii) should have access to appropriate representation; 12
(f) Aboriginal tradition and Island custom must be taken into account 13
in matters involving Aboriginal people and Torres Strait 14
Islanders; 15
(g) the cultural practices of persons involved in a review must be 16
taken into account to the extent they are relevant to the review; 17
(h) the relationship between a child and each significant person in the 18
child's life should be preserved unless to do so would not be in 19
the child's best interests; 20
(i) the tribunal should have all relevant material before it for making 21
a decision. 22
s8 13 s 11
Children Services Tribunal
PART 2--ESTABLISHMENT AND MEMBERSHIP OF 1
CHILDREN SERVICES TRIBUNAL 2
1--Establishment of tribunal 3
Division
Services Tribunal 4
Children
8. The Children Services Tribunal is established. 5
not subject to direction by Minister 6
Tribunal
9. In exercising its jurisdiction, the tribunal is not subject to the direction 7
of the Minister. 8
2--Membership of tribunal 9
Division
of tribunal 10
Membership
10.(1) The members of the tribunal are-- 11
(a) the president; and 12
(b) if a deputy president is appointed, the deputy president; and 13
(c) the other members. 14
(2) The members are to be appointed by the Governor in Council. 15
(3) The members are appointed under this Act and not under the Public 16
Service Act 1996. 17
18
Selection
11.(1) For selecting a person for recommendation for appointment as a 19
member, the Minister must advertise for applications from appropriately 20
qualified persons to be considered for selection. 21
(2) The Minister may recommend to the Governor in Council a person 22
for appointment as a member only if subsection (1) has been complied 23
with. 24
s 12 14 s 14
Children Services Tribunal
(3) In recommending persons for appointment as members, the Minister 1
must take into account-- 2
(a) the need for a balanced gender representation in the membership 3
of the tribunal; and 4
(b) the need for the membership of the tribunal to include Aboriginal 5
people and Torres Strait Islanders; and 6
(c) the need for the membership of the tribunal to reflect the social 7
and cultural diversity of the general community; and 8
(d) the range and experience of members of the tribunal. 9
for appointment as member 10
Eligibility
12. A person is eligible for appointment as a member only if the Minister 11
considers the person-- 12
(a) is committed to the principles mentioned in section 7; and 13
(b) has extensive professional knowledge and experience of children; 14
and 15
(c) has demonstrated a knowledge of and has experience in 1 or more 16
of the fields of administrative review, child care, child protection, 17
child welfare, community services, education, health, indigenous 18
affairs, law, psychology or social work. 19
of appointment 20
Term
13.(1) A member is appointed for the term stated in the member's 21
instrument of appointment. 22
(2) The term must not be longer than 3 years. 23
24
Resignation
14. A member may resign the person's office by signed notice of 25
resignation given to the Minister. 26
s 15 15 s 17
Children Services Tribunal
etc. 1
Remuneration
15.(1) A member is entitled to be paid the remuneration and allowances 2
decided by the Governor in Council. 3
(2) A member holds office on the other conditions decided by the 4
Governor in Council. 5
from office 6
Removal
16. The Governor in Council may remove a member from office by 7
notice given to the member if the member-- 8
(a) is mentally or physically incapable of properly discharging the 9
functions of a member; or 10
(b) has demonstrated a disregard of the principles stated in section 7 11
in carrying out the member's duties; or 12
(c) has been found guilty of an offence the Minister considers makes 13
the member inappropriate to perform official duties. 14
may obtain information from commissioner of police service 15
Minister
17.(1) This section applies to a person who-- 16
(a) is a member; or 17
(b) has applied to be considered for selection as a member. 18
(2) For helping decide whether the person is suitable to be, or to continue 19
to be, a member, the Minister may ask the commissioner of the police 20
service to give the Minister the following information about the person-- 21
(a) a written report about the person's criminal history; 22
(b) a brief description of the circumstances of a conviction or charge 23
mentioned in the person's criminal history. 24
(3) Subject to subsection (4), the commissioner of the police service 25
must comply with the request. 26
(4) The duty imposed on the commissioner of the police service to 27
comply with the request applies only to information in the commissioner's 28
possession or to which the commissioner has access. 29
s 18 16 s 20
Children Services Tribunal
(5) The Minister must cause information given to the Minister under this 1
section to be destroyed as soon as practicable after it is no longer needed for 2
the purpose for which it was requested. 3
3--Functions and powers of president and deputy president 4
Division
functions 5
President's
18.(1) The president must-- 6
(a) ensure the efficient and quick discharge of the tribunal's business; 7
and 8
(b) ensure the members and the tribunal's staff receive regular and 9
appropriate training; and 10
(c) compile and maintain a list (the "facilitators list") of persons the 11
president considers are suitable to facilitate alternative dispute 12
resolution processes under this Act ("facilitators"); and 13
(d) compile and maintain a list (the "independent inquirers list") of 14
persons the president considers have the necessary expertise or 15
experience to perform the functions and exercise the powers of an 16
independent inquirer appointed under this Act ("independent 17
inquirers"); and 18
(e) ensure facilitators and independent inquirers receive appropriate 19
training. 20
(2) The president also has the other functions given to the president under 21
this or another Act. 22
not subject to direction by Minister 23
President
19. In performing or exercising the president's functions or powers, the 24
president is not subject to direction by the Minister. 25
and independent inquirers lists 26
Facilitators
20.(1) The president must not include a person's name on the facilitators 27
list or independent inquirers list without the person's consent. 28
s 21 17 s 23
Children Services Tribunal
(2) The president must review each list at least once each year. 1
(3) The president may add a person's name to, or omit a person's name 2
from, a list. 3
(4) Before the president omits a person's name from a list, the president 4
must notify the person of the proposed omission and give the person 5
reasonable opportunity to make submissions to the president about why the 6
person's name should not be omitted. 7
(5) Subsection (4) does not apply if the person-- 8
(a) has asked the president to omit the person's name from the list; or 9
(b) has died. 10
powers 11
President's
21.(1) The president has the powers necessary or convenient to carry out 12
the president's functions. 13
(2) The president also has the other powers given to the president under 14
this or another Act. 15
16
Delegation
22. The president may delegate the president's powers under this Act to 17
another member. 18
deputy president to act as president 19
When
23. The deputy president is to act as president if the president is not 20
available to carry out the president's functions or there is a vacancy in the 21
office of president. 22
s 24 18 s 26
Children Services Tribunal
PART 3--REGISTRAR AND OTHER STAFF 1
of tribunal 2
Registrar
24.(1) There is to be a registrar of the tribunal. 3
(2) The registrar must be a lawyer. 4
(3) The registrar is a member of the tribunal's staff. 5
(4) Subject to the president, the registrar is responsible for managing the 6
administrative affairs of the tribunal. 7
(5) The registrar's functions include helping the president to exercise the 8
president's functions. 9
of records and information 10
Keeping
25.(1) The registrar may keep the records and information the registrar 11
considers appropriate. 12
(2) Without limiting subsection (1), the registrar must keep the records of 13
and information about reviews. 14
of tribunal 15
Staff
26. The registrar, and other staff necessary to enable the tribunal to 16
perform its functions, are to be employed under the Public Service Act 17
1996. 18
s 27 19 s 28
Children Services Tribunal
ART 4--ORGANISATION, JURISDICTION AND 1
P
OPERATION OF TRIBUNAL 2
1--Sitting and constitution of tribunal 3
Division
of tribunal 4
Sitting
27. The tribunal sits at the times and places in Queensland the president 5
directs. 6
of tribunal for review 7
Constitution
28.(1) For a review, the tribunal is to be constituted under the president's 8
direction. 9
(2) The president is to direct the constitution of the tribunal as soon as 10
practicable after the review application is filed. 11
(3) The tribunal must be constituted by 3 members unless, for a 12
child-related employment review, the president considers it appropriate for 13
the tribunal to be constituted by a single member. 14
(4) The tribunal, when constituted by 3 members-- 15
(a) must include, to the extent practicable-- 16
(i) at least 1 member with specialist knowledge and expertise 17
relevant to the matter the subject of the review; and 18
(ii) at least 1 member who is an Aborigine if a party, or a person 19
entitled to elect to become a party under section 62,1 is an 20
Aborigine; and 21
(iii) at least 1 member who is a Torres Strait Islander if a party, 22
or a person entitled to elect to become a party under 23
section 62, is a Torres Strait Islander; and 24
(b) must include, at least 1 member who is a lawyer of at least 25
5 years standing. 26
1 Section 62 (Certain persons may elect to become parties)
s 29 20 s 30
Children Services Tribunal
(5) If the tribunal is constituted by a single member for a child-related 1
employment review, the member must be a lawyer of at least 5 years 2
standing. 3
member 4
Presiding
29.(1) If the tribunal is constituted by 3 members, the "presiding 5
member" is-- 6
(a) if the president is a constituting member--the president; or 7
(b) if paragraph (a) does not apply and the deputy president is a 8
constituting member--the deputy president; or 9
(c) otherwise--the constituting member designated as the presiding 10
member by the president. 11
(2) If the tribunal is constituted by a single member, including under 12
section 73 or 80,2 the "presiding member" is that person. 13
on members who may constitute tribunal 14
Limitation
30.(1) A member is ineligible to be a constituting member for a review if 15
the member-- 16
(a) is an employee or officer of the government entity in which the 17
reviewable decision was made; or 18
(b) was, when the reviewable decision was made, an employee or 19
officer of the government entity in which the reviewable decision 20
was made. 21
(2) A member is ineligible to be a constituting member for a review of a 22
reviewable decision made under the Child Care Act 1991 if the member has 23
been refused a licence under that Act or has had a licence under that Act 24
revoked. 25
(3) Subsection (4) applies if a member-- 26
(a) has been refused a certificate of approval, or a renewal of a 27
2 Section 73 (President or presiding member may constitute tribunal for ss 74, 75
and 76) or 80 (Single member may constitute tribunal for preliminary
conference)
s 31 21 s 32
Children Services Tribunal
certificate of approval, as an approved foster carer, under the 1
Child Protection Act 1999 or has had a certificate of approval as 2
an approved foster carer under that Act cancelled; or 3
(b) has been refused an application to act as a foster parent to a child 4
under the Children's Services Act 1965, section 107 or has had an 5
approval to act as a foster parent under that section revoked. 6
(4) The member is ineligible to be a constituting member for a review of 7
a reviewable decision made under the Child Protection Act 1999. 8
must disclose certain interests 9
Members
31.(1) This section applies if a constituting member becomes aware the 10
member has an interest, financial or otherwise, that could conflict with the 11
proper performance of the member's functions for the review (the 12
"conflict"). 13
(2) The constituting member must immediately disclose the issue giving 14
rise to the conflict-- 15
(a) if the member is the president--to the parties to the review; or 16
(b) otherwise--to the president and the parties to the review. 17
(3) After making the disclosure, the constituting member may disqualify 18
himself or herself. 19
(4) The constituting member may take part in the review only-- 20
(a) if the member is the president--with the agreement of the parties; 21
or 22
(b) otherwise--with the agreement of the president and the parties. 23
(5) This section is subject to section 30. 24
tribunal 25
Reconstituting
32.(1) This section applies if-- 26
(a) the tribunal is constituted for a review by 3 members; and 27
(b) a constituting member stops being a member or for any reason is 28
not available for the review. 29
s 33 22 s 33
Children Services Tribunal
(2) The president may direct that the tribunal be reconstituted by the 1
remaining constituting members together with another member. 2
(3) In reconstituting the tribunal, the president must have regard to 3
section 28(4). 4
(4) The tribunal as reconstituted must continue and finish the review and, 5
for that purpose, may have regard to any record relating to the review made 6
by the tribunal as previously constituted. 7
question of law to be decided 8
Way
33.(1) This section applies for deciding a question of law arising in a 9
proceeding before the tribunal. 10
(2) If the presiding member is a lawyer, it must be decided according to 11
the presiding member's opinion. 12
(3) If the presiding member is not a lawyer and the tribunal as constituted 13
for the review includes 1 lawyer, it must be decided by the lawyer. 14
(4) If the presiding member is not a lawyer and the tribunal as constituted 15
for a review includes 2 lawyers, it must be decided by the lawyer authorised 16
by the president to decide questions of law arising in the review. 17
(5) If the presiding member constituting the tribunal under section 73 or 18
803 is not a lawyer, the member must obtain advice about the question from 19
a member appointed under section 10 who is a lawyer and decide the 20
question in accordance with the advice. 21
(6) For acting under subsection (5), the presiding member may adjourn a 22
proceeding. 23
(7) In this section-- 24
"lawyer" means a lawyer of at least 5 years standing. 25
3 Section 73 (President or presiding member may constitute tribunal for ss 74, 75
and 76) or 80 (Single member may constitute tribunal for preliminary
conference)
s 34 23 s 37
Children Services Tribunal
other question to be decided 1
Way
34.(1) This section applies for deciding a question arising in a proceeding 2
before the tribunal, other than a question of law. 3
(2) The decision is to be the opinion of-- 4
(a) if the tribunal is constituted by 3 members--the majority of the 5
constituting members; or 6
(b) if the tribunal is constituted by a single member--that member. 7
Division 2--Jurisdiction and matters relating to decisions 8
9
Jurisdiction
35.(1) The tribunal has jurisdiction to review a reviewable decision on an 10
application made under this Act. 11
(2) The tribunal also has other jurisdiction given to it under this or 12
another Act. 13
may hold hearing 14
Tribunal
36.(1) The tribunal may hold a hearing for a review. 15
(2) The tribunal may also hold a hearing to decide anything it may decide 16
under this or another Act. 17
to decide matters afresh 18
Tribunal
37.(1) For reviewing a reviewable decision, the tribunal is to-- 19
(a) decide afresh the matter to which the reviewable decision relates, 20
unaffected by the reviewable decision; and 21
(b) take all reasonable steps to ensure it has all relevant material 22
before it. 23
(2) Without limiting subsection (1), the tribunal may have regard to 24
relevant material that was not available to the decision maker. 25
s 38 24 s 39
Children Services Tribunal
of tribunal on review 1
Powers
38.(1) After reviewing the reviewable decision, the tribunal may-- 2
(a) confirm, set aside or vary the decision; or 3
(b) set aside the decision and substitute its own decision; or 4
(c) set aside the decision and return it to the decision maker for 5
reconsideration in accordance with directions given by the 6
tribunal. 7
(2) For subsection (1), the tribunal-- 8
(a) has all the functions and powers of the decision maker; and 9
(b) must have regard to the matters the decision maker was required 10
to have regard to under the Act under which the decision was 11
made. 12
(3) Also, after reviewing a reviewable decision the tribunal may make 13
written recommendations to the chief executive of the government entity in 14
which the reviewable decision was made about the entity's policies, 15
practices and procedures relevant to the decision. 16
may refer reviewable decision back for internal review 17
President
39.(1) This section applies if-- 18
(a) a review application is before the tribunal; and 19
(b) the tribunal has not made a final decision on the review; and 20
(c) the president is satisfied there is an appropriate internal review 21
process available to review the reviewable decision in the 22
government entity in which it was made; and 23
(d) the applicant has not used the internal review process; and 24
(e) it is reasonable for the applicant to use the internal review process. 25
(2) The president may order the applicant to use the internal review 26
process. 27
(3) The president may adjourn the tribunal's review pending the outcome 28
of the internal review. 29
s 40 25 s 41
Children Services Tribunal
(4) If the issues in dispute between the parties to the tribunal's review are 1
resolved by the internal review, the president must dismiss the application. 2
matter before court 3
When
40.(1) Subsection (2) applies if-- 4
(a) a review application is before the tribunal; and 5
(b) some or all the matters to which the reviewable decision relates 6
are also before a court. 7
(2) The president must suspend the tribunal's review if the president 8
considers-- 9
(a) the court's decision about the matters would effectively decide the 10
same issues to be decided by the tribunal; and 11
(b) the matters will be dealt with quickly by the court. 12
(3) If the president acts under subsection (2), the court decides the 13
matters and the decision effectively decides the issues before the tribunal, 14
the president must dismiss the review application. 15
(4) Subsection (5) applies if-- 16
(a) the president has suspended the tribunal's review; and 17
(b) the matters have not been decided by the court. 18
(5) The president may cancel the suspension and the tribunal may 19
continue to deal with the review application. 20
(6) The president may act under subsection (2), (3) or (5) on the 21
president's own initiative or on application by a party to the review. 22
powers to dismiss review application 23
Tribunal's
41.(1) The tribunal may dismiss a review application if-- 24
(a) the tribunal considers it is frivolous or vexatious; or 25
(b) the applicant has received reasonable notice of the time and place 26
of a proceeding relating to the application and has failed to appear 27
at the proceeding; or 28
(c) because of the applicant's unreasonable actions, proceedings 29
s 42 26 s 44
Children Services Tribunal
relating to the application have been delayed. 1
(2) The tribunal must not dismiss a review application under 2
subsection (1)(b) if, within 7 days of the proceeding, the applicant gives the 3
tribunal a reasonable excuse for the applicant's failure to appear at the 4
proceeding. 5
decision must be in writing etc. 6
Tribunal's
42.(1) The tribunal must give its decision on a review in writing. 7
(2) The decision must include the reasons for the decision. 8
(3) As far as practicable, the tribunal must state the reasons so they can 9
be readily understood by the parties. 10
must give information notice to parties 11
Registrar
43.(1) As soon as practicable after the tribunal gives its decision on a 12
review, the registrar must give each party to the review an information 13
notice about its decision. 14
(2) The information notice must state-- 15
(a) the tribunal's decision; and 16
(b) the tribunal's reasons for the decision; and 17
(c) the party may appeal to the District Court against the decision 18
within 28 days, but only on a question of law; and 19
(d) how the party may start an appeal. 20
(3) However, to the extent the information notice given to a party would 21
otherwise state information in contravention of a confidentiality order, the 22
registrar must omit the information from the notice. 23
of decisions and recommendations must be given 24
Copies
44.(1) The registrar must also give a copy of the tribunal's decision on a 25
review to the chief executive of the government entity in which the decision 26
was made if the chief executive is not a party to the review. 27
(2) The registrar must give a copy of the tribunal's recommendations 28
s 45 27 s 46
Children Services Tribunal
made under section 38(3) on a review, if any, to the decision maker if the 1
decision maker is not the chief executive of the government entity in which 2
the reviewable decision was made.4 3
of tribunal's decision 4
Effect
45.(1) The tribunal's decision on a review application takes effect from 5
when it is given or the later date stated in the decision. 6
(2) Subsection (3) applies if the tribunal decides to vary the reviewable 7
decision or substitute its own decision for the reviewable decision. 8
(3) The tribunal's decision-- 9
(a) is taken to be the decision of the person who made the reviewable 10
decision; and 11
(b) must be given effect by the government entity in which the 12
reviewable decision was made. 13
(4) Subsection (3) does not allow the tribunal's decision to be reviewed 14
under this Act by the tribunal. 15
Division 3--General powers and procedures of the tribunal 16
generally 17
Powers
46.(1) The tribunal has the powers given to it under this or another Act. 18
(2) The tribunal may do any of the following-- 19
(a) receive information on oath or affirmation; 20
(b) question a person giving evidence before the tribunal; 21
(c) adjourn its proceedings to the times and places it thinks fit; 22
4 Under section 38(3) the tribunal may make recommendations about a
government entity's policies, practices and procedures to the chief executive of
the entity.
s 47 28 s 48
Children Services Tribunal
(d) order a party to a review to do something for progressing the 1
review; 2
(e) make interim orders and give procedural directions. 3
of conducting proceedings 4
Method
47.(1) The tribunal may, in appropriate cases, conduct a proceeding by 5
means of telephone conferencing, video conferencing or another form of 6
communication that allows reasonably contemporaneous and continuous 7
communication between persons taking part in the proceeding. 8
(2) The tribunal may decide all or part of a proceeding from a 9
consideration of the documents filed, without the parties or witnesses 10
appearing in person, if-- 11
(a) the parties to the proceeding agree; and 12
(b) the tribunal considers it appropriate in the circumstances. 13
must usually be held in private 14
Proceedings
48.(1) A proceeding before the tribunal must be held in private. 15
(2) However, the following are entitled to be present at the proceeding-- 16
(a) each party to the proceeding; 17
(b) if, under this Act, a party is entitled to be represented by someone 18
else at the proceeding, the party's representative; 19
(c) a separate representative representing a child in the proceeding; 20
(d) a witness while giving evidence; 21
(e) a person allowed to be present to support a party; 22
(f) a person allowed to be present to support a witness, while the 23
witness is giving evidence; 24
s 49 29 s 51
Children Services Tribunal
(g) a person allowed to be present by the tribunal. 1
(3) This section is subject to sections 50, 93 and 112.5 2
and witness before tribunal may have support person present 3
Party
49.(1) The tribunal must inquire as to whether a party to, or a witness in, 4
a review before the tribunal requires the support of another person for the 5
review or while giving evidence. 6
(2) If the party or witness indicates he or she requires the support of 7
another person (the "support person"), the tribunal may allow the support 8
person to be present with the party at the review or while the witness is 9
giving evidence. 10
(3) The support person must not be a party to the review. 11
(4) The support person is not entitled to represent the party or witness at 12
the review or to address the tribunal. 13
proceeding may be held in public 14
When
50.(1) The tribunal may allow a proceeding before the tribunal to be held 15
in public if information identifying, or likely to lead to the identification of, a 16
particular child will not be given in the proceeding. 17
(2) However, the tribunal must not allow a proceeding about a 18
child-related employment review to be held in public. 19
generally 20
Procedure
51.(1) To the extent a matter relating to the tribunal's procedure is not 21
provided for by this Act, tribunal rules or directions given under section 54, 22
the tribunal may decide its own procedure. 23
(2) In conducting its proceedings, the tribunal-- 24
(a) must observe procedural fairness; and 25
5 Sections 50 (When proceeding may be held in public), 93 (Children giving
evidence or expressing views to tribunal) and 112 (Tribunal may exclude person
for contempt)
s 52 30 s 52
Children Services Tribunal
(b) must act quickly, and with as little formality and technicality, as is 1
consistent with a fair and proper consideration of the issues before 2
it; and 3
(c) is not bound by the rules of evidence; and 4
(d) may inquire into, and inform itself, of anything in the way it 5
considers appropriate. 6
procedures must take account of certain matters 7
Tribunal's
52.(1) In conducting its proceedings, the tribunal must take reasonable 8
and practicable measures to ensure-- 9
(a) the proceedings are conducted in a way that recognises, and is 10
responsive to-- 11
(i) the needs of parties and witnesses who are children or 12
persons with intellectual or physical disabilities; and 13
(ii) the customs, need and traditions of parties or witnesses who 14
are Aborigines, Torres Strait Islanders or persons from other 15
cultural or linguistic backgrounds; and 16
(b) people taking part in the proceedings, particularly children, 17
understand the tribunal's procedures; and 18
(c) the tribunal understands the actions and assertions of, and views 19
expressed by, people taking part in the proceedings; and 20
(d) parties understand the nature of, and assertions made in, the 21
proceedings and the legal implications of the assertions; and 22
(e) parties have an opportunity to present their cases and have their 23
submissions considered. 24
(2) In taking measures under subsection (1)(c), the tribunal must have 25
regard to the people's ages, disabilities, and cultural, religious and 26
socioeconomic backgrounds. 27
(3) The measures may include-- 28
(a) using the services of lingual and cultural interpreters; and 29
(b) appointing an expert under section 53. 30
(4) However, if a person taking part in a proceeding has a difficulty 31
s 53 31 s 55
Children Services Tribunal
communicating in English or a disability that prevents him or her fully 1
participating in the proceeding, the tribunal must not continue with the 2
proceeding without a lingual interpreter to translate things said in the 3
proceeding or a person to facilitate his or her participation in the proceeding. 4
help 5
Expert
53.(1) For a review, the tribunal may appoint a person having special 6
knowledge or skill to help the tribunal (an "expert"). 7
(2) If allowed by the tribunal, an expert may attend a proceeding before 8
the tribunal and advise the tribunal about the proceeding. 9
(3) The tribunal may act under subsection (1) on its own initiative or on 10
application by a party to the review. 11
directions 12
Procedural
54.(1) To the extent a matter relating to the tribunal's procedure is not 13
provided for by this Act or tribunal rules, the matter may be dealt with by 14
directions under this section. 15
(2) The president may give written directions about the tribunal's 16
procedure. 17
(3) The directions may be of general or limited application. 18
djournments 19
A
55.(1) In considering whether to adjourn a proceeding involving a child, 20
the tribunal must take into account any impact that adjourning the 21
proceeding will have on the child. 22
(2) When it adjourns a proceeding, the tribunal must-- 23
(a) give reasons for the adjournment; and 24
(b) state any matters it requires a party to the proceeding to address 25
during the adjournment; and 26
(c) give directions and make orders it considers necessary or 27
desirable. 28
s 56 32 s 58
Children Services Tribunal
may proceed in absence of party 1
Tribunal
56. At a proceeding before the tribunal, the tribunal may decide a matter, 2
including a review application, in the absence of a party if it is satisfied-- 3
(a) the party has received reasonable notice of the proceeding; or 4
(b) all reasonable attempts have been made to give the party notice of 5
the proceeding. 6
Division 4--Starting reviews, parties and representatives, and stay of 7
reviewable decisions 8
decisions 9
Reviewable
57.(1) Under various Acts persons may apply to the tribunal to have 10
certain decisions made under those Acts reviewed by the tribunal.6 11
(2) In this Act those decisions are called reviewable decisions. 12
to start a review 13
How
58.(1) The review of a reviewable decision is started by the applicant for 14
review filing an application for the review (the "review application") in the 15
approved form with the registrar. 16
(2) The review application must state fully the grounds for the review 17
including why the applicant considers the reviewable decision is wrong. 18
(3) The review application must be filed within 28 days after the applicant 19
receives notice of the reviewable decision. 20
(4) However, the president may at any time extend the time for filing the 21
application if the president is satisfied the reason for the delay is reasonable 22
in the circumstances. 23
6 See, for example, the Adoption of Children Act 1964, section 14D, the Child
Protection Act 1999, section 247, the Child Care Act 1991, section 41 and the
Commission for Children and Young People Act 2000, section 121.
s 59 33 s 60
Children Services Tribunal
on behalf of children 1
Applications
59.(1) A person may file a review application on behalf of a child only 2
with the president's permission. 3
(2) The president may give permission only if the president considers-- 4
(a) the person is not, on the person's own behalf, entitled to apply for 5
the decision to be reviewed by the tribunal; and 6
(b) it is in the child's best interests that the application be made; and 7
(c) it would be inappropriate for, or unreasonable to require, the child 8
to make the application himself or herself. 9
to give notice of review application 10
Registrar
60.(1) The registrar must give notice of a review application to the 11
decision maker. 12
(2) Within 7 days after receiving the notice, the decision maker must give 13
the registrar notice of the names and addresses of all persons, apart from the 14
applicant-- 15
(a) who are entitled to apply for a review of the reviewable decision 16
concerned; and 17
(b) of whom the decision maker is aware. 18
(3) For subsection (2), a person's entitlement to apply for a review is 19
taken to be unaffected by the ending of the period of 28 days mentioned in 20
section 58(3). 21
(4) Immediately on receipt of the decision maker's notice, the registrar 22
must give an information notice to each person named in the decision 23
maker's notice. 24
(5) The information notice must state-- 25
(a) details of the review application; and 26
(b) that the person may elect to become a party to the review within 27
7 days of receipt of the notice; and 28
(c) how the person may elect to become a party to the review. 29
s 61 34 s 64
Children Services Tribunal
to review 1
Parties
61. The parties to a review are-- 2
(a) the applicant for the review; and 3
(b) the decision maker; and 4
(c) a person who elects to become a party under section 62; 5
(d) a person joined as a party under section 63. 6
persons may elect to become parties 7
Certain
62.(1) This section applies to a person who is given an information notice 8
under section 60(4). 9
(2) The person may elect to become a party to the review to which the 10
notice relates by filing a notice of election in the approved form with the 11
registrar. 12
(3) The notice of election must be filed with the registrar within 7 days 13
after the person receives the information notice. 14
of person as party to review 15
Joinder
63.(1) The tribunal may join a person as a party to a review if it is 16
satisfied the person is genuinely concerned in the subject matter of the 17
review. 18
(2) However, if the review concerns a child, the tribunal must not join a 19
person as a party unless it is satisfied that to do so would be in the child's 20
best interests. 21
(3) The tribunal may join a person as a party to the review on its own 22
initiative or on application by the person. 23
(4) The tribunal may join a person as a party to the review at any time 24
before the review application is finally decided by the tribunal. 25
of party to appear 26
Right
64.(1) A party in a proceeding before the tribunal may appear in person. 27
s 65 35 s 68
Children Services Tribunal
(2) If the party is a corporation, the corporation may appear through an 1
officer of the corporation who is not a lawyer. 2
review applications may be dealt with together 3
When
65. If the tribunal considers 2 or more review applications arise from the 4
same or similar circumstances, the tribunal may deal with the applications 5
together. 6
of parties other than children 7
Representation
66.(1) This section applies to a party to a review other than a party who is 8
a child. 9
(2) The party may not be represented before the tribunal by a lawyer or 10
agent without the tribunal's permission. 11
(3) The party may apply to the tribunal for the tribunal's permission. 12
(4) In deciding the application, the tribunal must have regard to-- 13
(a) the nature and complexity of the factual and legal issues involved; 14
and 15
(b) the party's capacity to present the party's case. 16
(5) Subsection (4) does not limit the matters to which the tribunal may 17
have regard in deciding the application. 18
of children by lawyers 19
Representation
67.(1) This section applies to a party to a review who is a child. 20
(2) The child may be represented before the tribunal by a lawyer. 21
representation of children 22
Separate
68.(1) This section applies if a reviewable decision is about a child and 23
the decision is the subject of a review application. 24
(2) This section applies whether or not the child-- 25
(a) is a party to the review; or 26
s 69 36 s 70
Children Services Tribunal
(b) is represented under section 67. 1
(3) The tribunal must consider whether it would be in the child's best 2
interests for the child to be separately represented under this section before 3
the tribunal by a lawyer (a "separate representative"). 4
(4) If the tribunal considers it would be in the child's best interest's for 5
the child to be separately represented under this section before the tribunal 6
by a lawyer, the tribunal must order that the child be represented by a 7
separate representative. 8
(5) A separate representative may represent more than 1 child in the same 9
proceeding. 10
(6) A separate representative must-- 11
(a) act in the child's best interests having regard to any expressed 12
views or wishes of the child; and 13
(b) as far as possible, present the child's views and wishes to the 14
tribunal. 15
(7) For this Act, a separate representative has the same rights and 16
obligations as a party to the review. 17
application does not affect reviewable decision 18
Review
69. The filing of a review application with the registrar does not affect the 19
reviewable decision, or the carrying out of the decision, unless the decision 20
is stayed. 21
of reviewable decision's operation 22
Stay
70.(1) The tribunal may stay the operation of a reviewable decision if a 23
review application relating to the decision has been filed with the registrar. 24
(2) The tribunal may act under subsection (1) on its own initiative or on 25
application by a party to the review. 26
(3) In deciding whether to stay the decision, the tribunal must-- 27
(a) in having regard to the principles mentioned in section 7, have 28
s 71 37 s 71
Children Services Tribunal
particular regard to the principle mentioned in section 7(a)(i);7 and 1
(b) take into account-- 2
(i) the interests of persons likely to be affected by the tribunal's 3
decision on the review application; and 4
(ii) any submissions made to it by the decision maker and other 5
parties to the review. 6
(4) Subsection (3) does not limit the things the tribunal may take into 7
account. 8
(5) The stay-- 9
(a) may be given on conditions the tribunal considers appropriate; 10
and 11
(b) operates for the period fixed by the tribunal; and 12
(c) may be revoked or amended by the tribunal. 13
(6) However, the period of the stay must not extend past the time when 14
the tribunal decides the review. 15
of review application 16
Withdrawal
71.(1) An applicant may withdraw a review application by filing with the 17
registrar a notice of withdrawal. 18
(2) However, an applicant may withdraw a review application filed on 19
behalf of a child under section 59 only with the permission of the president 20
or the tribunal. 21
(3) The president or tribunal may give permission under subsection (2) 22
only if the president or tribunal considers that, having regard to the child's 23
views or wishes, if any, it is in the child's best interests that the application 24
be withdrawn. 25
7 Section 7(a)(i)--
7. The following principles underlie this Act--
(a) in decisions involving a child--
(i) the best interests of the child are the paramount concern;
s 72 38 s 74
Children Services Tribunal
(4) If a notice of withdrawal is filed, the registrar must give notice of the 1
withdrawal to each party to the review. 2
(5) This section does not affect the operation of section 95(4).8 3
5--Documents 4
Division
5 does not affect the Child Protection Act 1999, ss 186 or 191 5
Div
72. Nothing in this division affects the operation of the Child Protection 6
Act 1999, section 186 or 191.9 7
or presiding member may constitute tribunal for ss 74, 75 8
President
and 76 9
73.(1) This section applies if the tribunal is constituted for a review by 10
3 members. 11
(2) Despite section 28,10 for exercising the tribunal's powers under 12
sections 74, 75 and 76, the tribunal may be constituted by the president or 13
the presiding member alone. 14
maker must give the tribunal certain documents 15
Decision
74.(1) Within 21 days of receiving notice under section 60(1) about a 16
review application, the decision maker must give to the tribunal-- 17
(a) a notice containing the reasons for the reviewable decision; and 18
(b) every other document in the decision maker's possession or 19
control that is relevant to the review. 20
(2) By notice given to the decision maker, the tribunal may shorten or 21
8 Section 95 (Provisions for child-related employment reviews)
9 The Child Protection Act 1999, section 186 is about protecting the identity of
persons who give information about suspected harm to a child. Section 191
allows a person engaged in the administration of that Act to refuse to disclose to
a court, tribunal or party certain information obtained under or in relation to the
Act.
10 Section 28 (Constitution of tribunal for review)
s 75 39 s 75
Children Services Tribunal
extend the period. 1
(3) The tribunal must not shorten the period to less than 3 business days 2
after the decision maker receives notice of the review application. 3
(4) The tribunal may act under subsection (2) only if satisfied that, not to 4
do so, will result in a child's interests being adversely affected or another 5
party to the review suffering hardship. 6
(5) Subsection (6) applies if the tribunal considers a notice given to the 7
tribunal under subsection (1)(a) does not adequately-- 8
(a) state the reasons; or 9
(b) state the findings on material questions of fact; or 10
(c) refer to the evidence and other material on which the findings 11
were based. 12
(6) The tribunal may order the decision maker to give the tribunal the 13
information necessary for the tribunal to be adequately informed of the 14
reasons for the reviewable decision. 15
(7) The tribunal may order the decision maker to give the applicant a 16
copy of the notice mentioned in subsection (1)(a) or information mentioned 17
in subsection (6). 18
(8) This section does not limit section 75. 19
may order production of documents 20
Tribunal
75.(1) This section applies if the tribunal considers a document may be 21
relevant to a review. 22
(2) The tribunal may, by notice given to a person, order the person to 23
give the document to the tribunal within a time stated in the notice. 24
(3) The notice must state-- 25
(a) sufficient particulars to enable the person to identify the 26
document; and 27
(b) that the tribunal considers the document may be relevant to the 28
review. 29
(4) The time stated in the notice must not be less than 3 business days 30
from when the notice is received by the person. 31
s 76 40 s 76
Children Services Tribunal
(5) The person must comply with the notice, unless the person has a 1
reasonable excuse. 2
Maximum penalty--100 penalty units. 3
(6) It is a reasonable excuse if complying with the notice might tend to 4
incriminate the person. 5
may object to giving documents to tribunal 6
Person
76.(1) This section applies to a person who is ordered, under section 75 7
to give the tribunal a document for a review. 8
(2) Before the day the person must give the document to the tribunal, the 9
person may apply to the tribunal for an order that the person does not have 10
to give the document to the tribunal. 11
(3) Subject to subsection (5)(a), the person does not have to give the 12
document to the tribunal pending the outcome of the application. 13
(4) The tribunal must make the order if it is satisfied the document is not 14
materially relevant to the review. 15
(5) For deciding the application, the tribunal may do 1 or more of the 16
following-- 17
(a) order the person to give the document to the tribunal; 18
(b) examine the document; 19
(c) appoint an independent inquirer to examine the document and 20
report to the tribunal on the document's relevance to the review. 21
(6) If the document is given to the tribunal under subsection (5)(a), the 22
tribunal must deal with the document in a way that ensures it is not 23
disclosed to anyone else other than an independent inquirer appointed under 24
subsection (5)(c). 25
(7) An independent inquirer appointed under subsection (5)(c)-- 26
(a) may examine the document; and 27
(b) must not disclose the document's contents to anyone else except 28
the tribunal. 29
(8) The tribunal may act on the report of an independent inquirer 30
appointed by it. 31
s 77 41 s 79
Children Services Tribunal
(9) If a person gives a document to the tribunal under subsection (5)(a) 1
and the tribunal orders that the person does not have to give the document to 2
the tribunal, the tribunal must return the document to the person. 3
access to documents 4
Parties
77.(1) This section applies to documents in the tribunal's possession for 5
a review. 6
(2) The registrar must allow the parties to the review to inspect and make 7
copies of the documents. 8
(3) For subsection (2), the registrar must give the parties reasonable 9
access to the documents during normal business hours. 10
(4) This section does not apply to documents in the tribunal's possession 11
for deciding an application under section 76(2). 12
(5) Also, this section is subject to a confidentiality order about the 13
documents. 14
copies of documents may be given 15
When
78. If, under this Act, a person is required to give a document to the 16
tribunal, the tribunal may allow the person to give it a copy of the document 17
instead of the original. 18
Division 6--Preliminary conferences 19
conferences 20
Preliminary
79.(1) The president, registrar or tribunal may require the parties to a 21
review to attend 1 or more preliminary conferences before the tribunal. 22
(2) At a preliminary conference, the tribunal may do 1 or more of the 23
following-- 24
(a) decide issues about representation under section 66 or 68;11 25
11 Section 66 (Representation of parties other than children) or 68 (Separate
representation of children)
s 80 42 s 81
Children Services Tribunal
(b) identify and clarify the issues in dispute; 1
(c) identify the questions of fact and law to be decided by the tribunal; 2
(d) identify information to be given to the tribunal by the parties; 3
(e) give the parties information about the tribunal's practice and 4
procedures; 5
(f) refer the parties to alternative dispute resolution; 6
(g) give directions and make orders about the conduct of the review. 7
(3) The procedure for a preliminary conference is at the discretion of the 8
tribunal. 9
(4) Without limiting subsection (3), at a preliminary conference the 10
tribunal may meet with a party separately-- 11
(a) if it considers doing so may avoid the escalation of conflict 12
between the parties; or 13
(b) if the party is a child and the tribunal considers doing so is in the 14
child's best interests having regard to the child's views and 15
wishes. 16
member may constitute tribunal for preliminary conference 17
Single
80.(1) This section applies if the tribunal constituted for a review consists 18
of 3 members and the parties to the review have been required to attend a 19
preliminary conference. 20
(2) The president or presiding member may direct that, for the 21
preliminary conference, the tribunal may be constituted by a stated single 22
constituting member. 23
must give parties notice of preliminary conference 24
Registrar
81.(1) The registrar must give notice of a preliminary conference to the 25
parties. 26
(2) The notice must state the matters that may be dealt with at the 27
preliminary conference. 28
s 82 43 s 85
Children Services Tribunal
(3) The period of the notice must be reasonable having regard to the 1
matters that may be dealt with at the preliminary conference. 2
Division 7--Alternative dispute resolution 3
of alternative dispute resolution 4
Purpose
82. The purpose of alternative dispute resolution ("ADR") is-- 5
(a) to identify and reduce the issues in dispute between the parties to a 6
review; and 7
(b) to promote settlement of the issues in dispute. 8
to ADR 9
Referral
83.(1) At any stage of a review, the tribunal may refer the parties to 10
ADR. 11
(2) The tribunal may give directions and make orders about the conduct 12
of ADR. 13
of facilitators 14
Appointment
84.(1) This section applies if the parties to a review are referred to ADR. 15
(2) The registrar must appoint a facilitator to conduct ADR. 16
(3) If the facilitator is likely to have contact with a child, the person 17
appointed must have professional experience in communicating and 18
working with children. 19
must disclose certain interests 20
Facilitators
85.(1) This section applies if a facilitator appointed to conduct ADR 21
becomes aware the facilitator has an interest, financial or otherwise, that 22
could conflict with the proper performance of the facilitator's functions for 23
the ADR (the "conflict"). 24
(2) The facilitator must disclose the issue giving rise to the conflict to the 25
president, registrar and parties to the review. 26
s 86 44 s 88
Children Services Tribunal
(3) After making the disclosure, the facilitator may disqualify himself or 1
herself. 2
(4) The facilitator may conduct the ADR only with the agreement of the 3
president and the parties. 4
at ADR 5
Procedure
86. Subject to any directions given or orders made by the tribunal, the 6
way the ADR is conducted is at the discretion of the facilitator. 7
8
Example of tribunal direction--
9
To help a person to participate in ADR, the tribunal may direct that the person be
10
allowed to use the services of a lingual interpreter.
from ADR inadmissible 11
Evidence
87.(1) Evidence of anything said or done in the course of ADR is 12
inadmissible in any proceeding, except-- 13
(a) if all parties participating in ADR agree to the admission of the 14
evidence; or 15
(b) a proceeding relating to an act or omission about which a 16
disclosure has been made under section 88(2)(b). 17
(2) In this section, "proceeding" is not limited by the meaning of the 18
term in the dictionary in schedule 2. 19
to maintain secrecy 20
Facilitators
88.(1) The facilitator must not disclose information about a matter 21
coming to the facilitator's knowledge during ADR, unless the facilitator has 22
a reasonable excuse. 23
Maximum penalty--100 penalty units or 2 years imprisonment. 24
(2) It is a reasonable excuse to disclose information if-- 25
(a) the disclosure is made with the agreement of all the parties who 26
took part in the ADR; or 27
(b) the facilitator reasonably considers the disclosure is necessary to 28
prevent, or minimise the risk of, harm to a child, injury to a 29
s 89 45 s 91
Children Services Tribunal
person or damage to property; or 1
(c) the disclosure is made under section 89. 2
reports 3
Facilitators'
89. The facilitator must report to the tribunal on the following-- 4
(a) whether ADR happened; 5
(b) if ADR happened-- 6
(i) when ADR took place; and 7
(ii) who participated in ADR; and 8
(iii) the outcome of ADR. 9
of review at ADR 10
Settlement
90.(1) This section applies if the parties reach a settlement of the matters 11
in dispute during ADR. 12
(2) The settlement must be written down, signed by the parties and filed 13
with the registrar. 14
(3) Without conducting a hearing or any further hearing, the tribunal may 15
decide the review in terms of the settlement if the tribunal-- 16
(a) considers the terms of the settlement are in the best interests of the 17
child, if any, about whom the reviewable decision was made; and 18
(b) could otherwise give a decision in those terms under this or 19
another Act. 20
Division 8--Children as witnesses etc. 21
must not be compelled to give evidence 22
Children
91.(1) A child must not be compelled to give evidence in a proceeding. 23
(2) Before a child gives evidence in a proceeding, the tribunal must 24
satisfy itself that the child is willing to give the evidence. 25
s 92 46 s 94
Children Services Tribunal
right to express views to tribunal 1
Child's
92.(1) This section applies if a reviewable decision is about a child and 2
the decision is being reviewed by the tribunal. 3
(2) Whether or not the child is a party to the review or appears as a 4
witness before the tribunal, the child has the right to express his or her 5
views to the tribunal about matters relevant to the review. 6
giving evidence or expressing views to tribunal 7
Children
93.(1) This section applies if a child is giving evidence or expressing the 8
child's views to the tribunal. 9
(2) Only the following persons may be present while the child gives 10
evidence or expresses the child's views-- 11
(a) the constituting members; 12
(b) the lawyer, if any, representing the child under section 67; 13
(c) the separate representative, if any, for the child; 14
(d) the child's support person if the child has a support person and 15
agrees to that person's presence. 16
(3) Despite subsection (2), the child may elect to give evidence or express 17
the child's views in the presence of the parties and their representatives if the 18
child-- 19
(a) is 12 years or more; and 20
(b) is represented by a lawyer or a separate representative. 21
of children 22
Questioning
94.(1) A child giving evidence or expressing the child's views in a 23
proceeding must not be cross-examined. 24
(2) Also, only the following persons may ask questions of a child giving 25
evidence or expressing the child's views in a proceeding-- 26
(a) the constituting members; 27
(b) the lawyer, if any, representing the child; 28
(c) the separate representative, if any, for the child. 29
s 95 47 s 96
Children Services Tribunal
for child-related employment reviews 1
Provisions
95.(1) This section applies if-- 2
(a) a child makes a review application to have a child-related 3
employment decision reviewed by the tribunal or a person makes 4
the application on the child's behalf;12 and 5
(b) in a proceeding for the review the child elects to give evidence. 6
(2) Sections 93 and 94 do not apply to the child. 7
(3) Before the child gives evidence, the tribunal must tell the child that he 8
or she-- 9
(a) may be cross-examined by the tribunal or a party to the 10
proceeding; and 11
(b) may, at any time while the cross-examination is continuing, 12
refuse to be further cross-examined; and 13
(c) if the child acts under paragraph (b), the review application is 14
taken to have been withdrawn and the review ceases. 15
(4) If the child acts under subsection (3)(b), the review application is 16
taken to have been withdrawn and the review ceases. 17
applying if party to review is a child who is a parent of the 18
Provisions
child about whom the reviewable decision was made 19
96.(1) This section applies if-- 20
(a) a party to a review is a child who is a parent of the child about 21
whom the reviewable decision was made; and 22
(b) in a proceeding for the review the parent elects to give evidence. 23
(2) Sections 93 and 94 do not apply to the parent. 24
(3) Before the parent gives evidence, the tribunal must tell the parent that 25
he or she-- 26
(a) may be cross-examined by the tribunal or a party to the 27
proceeding; and 28
12 Section 59 deals with the making of a review application on behalf of a child.
s 97 48 s 98
Children Services Tribunal
(b) may, at any time while the cross-examination is continuing, 1
refuse to be further cross-examined; and 2
(c) if the parent acts under paragraph (b), this may effect the weight 3
given by the tribunal to the parent's evidence. 4
9--Witnesses generally 5
Division
of witnesses 6
Attendance
97.(1) The presiding member may notify a person, other than a child, to 7
attend at a proceeding before the tribunal-- 8
(a) as a witness; or 9
(b) to produce the thing stated in the notice. 10
(2) The notice must be in the approved form and state the time at and 11
place where the person must attend. 12
(3) The presiding member may act under subsection (1) on the 13
member's own initiative or on application by a party. 14
or affirming witnesses 15
Swearing
98. The presiding member at a proceeding-- 16
(a) may require an adult witness at the proceeding to take an oath or 17
make an affirmation; and 18
(b) may administer an oath or affirmation to a witness at the 19
proceeding; and 20
(c) for participation under section 47(1),13 may make the 21
arrangements the member considers appropriate in the 22
circumstances for administering an oath or affirmation to a 23
witness. 24
13 Section 47 ( Method of conducting proceedings)
s 99 49 s 102
Children Services Tribunal
for witnesses 1
Allowances
99. A witness notified to attend at a proceeding before the tribunal is 2
entitled to be paid-- 3
(a) the allowances and expenses prescribed under a tribunal rule; or 4
(b) if no allowances and expenses are prescribed, the allowances and 5
expenses decided by the president. 6
need not be sworn or make affirmations 7
Witnesses
100. The tribunal may allow a witness appearing at a proceeding before it 8
to give evidence without being sworn or making an affirmation. 9
may refuse to allow party to call evidence etc. 10
Tribunal
101.(1) The tribunal may refuse to allow a party to call evidence about a 11
matter if the tribunal considers there is sufficient evidence about the matter 12
before the tribunal. 13
(2) The tribunal may refuse to allow a party to cross-examine a witness 14
about a matter if the tribunal considers-- 15
(a) there is sufficient evidence about the matter before the tribunal; 16
and 17
(b) the evidence has been sufficiently tested by cross-examination. 18
may examine and cross-examine witnesses 19
Tribunal
102.(1) The tribunal may examine and cross-examine an adult witness 20
appearing before it. 21
(2) The tribunal may also examine and cross examine a child who elects 22
to give evidence under section 95 or 96.14 23
14 Section 95 (Provisions for child-related employment reviews) or 96 (Provisions
applying if party to review is a child who is a parent of the child about whom the
reviewable decision was made)
s 103 50 s 104
Children Services Tribunal
by witnesses 1
Offences
103.(1) A person notified under section 97(1) to attend before the tribunal 2
must not fail, without reasonable excuse-- 3
(a) to attend as required by the notice; or 4
(b) to continue to attend as required by the tribunal until excused from 5
further attendance. 6
Maximum penalty--100 penalty units. 7
(2) An adult appearing as a witness before the tribunal must take an oath 8
or make an affirmation if required to do so by the presiding member. 9
Maximum penalty--100 penalty units. 10
(3) Also, an adult appearing as a witness before the tribunal must not fail, 11
without reasonable excuse-- 12
(a) to answer a question the adult is required to answer by the 13
tribunal; or 14
(b) to produce the thing the person is required to produce by a notice 15
under section 97(1). 16
Maximum penalty--100 penalty units. 17
(4) It is a reasonable excuse to refuse to answer a question or produce a 18
thing on the ground that answering the question or producing the thing 19
might tend to incriminate the person. 20
representative must not be called to give evidence 21
Separate
104.(1) A separate representative must not in any proceeding be called to 22
give evidence, and if called must not give evidence, about a communication 23
between the representative and the child for whom the representative was 24
appointed. 25
(2) In this section, "proceeding" is not limited by the meaning of the 26
term in the dictionary in schedule 2. 27
s 105 51 s 106
Children Services Tribunal
Division 10--Other supporting provisions 1
orders 2
Confidentiality
105.(1) The tribunal may, by order (a "confidentiality order"), prohibit 3
or restrict the disclosure to a party to a review of all or some of the evidence 4
given before the tribunal, or of the whole or part of the contents of a 5
document given to, or received in evidence by, the tribunal for the review. 6
(2) Subsection (3) applies for the purpose of the tribunal-- 7
(a) deciding whether to make a confidentiality order; or 8
(b) giving effect to a confidentiality order. 9
(3) The tribunal-- 10
(a) may exclude a party, and any representative of the party, from 11
part of the review; or 12
(b) deal with a document in a way that ensures it is not disclosed to a 13
party. 14
(4) The tribunal may make a confidentiality order only if it is satisfied 15
that if it does not do so-- 16
(a) a child is likely to be harmed; or 17
(b) the safety of another person is likely to be endangered. 18
(5) The tribunal may act under subsection (1) on its own initiative or on 19
application by a party to the review. 20
(6) A confidentiality order does not act to prohibit or limit the disclosure 21
of material to a separate representative in a review. 22
or tribunal may authorise medical examination of child 23
President
106.(1) For a review, the president or the tribunal may, by order, 24
authorise a medical examination of a child and require a report of the 25
examination to be filed with the registrar. 26
(2) The order must state the particular issues the report must address. 27
(3) The president or tribunal must not make the order unless the president 28
or tribunal is satisfied-- 29
s 107 52 s 108
Children Services Tribunal
(a) the medical information, if any, available to the tribunal about the 1
child is insufficient to allow the tribunal to decide the review; and 2
(b) the child's interests will be best served by making the order. 3
(4) In deciding whether the child's interests will be best served by 4
making the order, the president or tribunal must consider the child's views 5
and wishes, if any, and the effect the medical examination may have on the 6
child having regard to the number and frequency of any previous medical 7
examinations the child has undergone. 8
out medical examinations 9
Carrying
107.(1) This section applies if an order under section 106 authorises a 10
child's medical examination. 11
(2) A doctor may medically examine the child. 12
(3) Subsection (2) applies even though the child's parents or guardian has 13
not consented to the examination. 14
(4) However, subsection (2) is subject to the rights the child has in 15
relation to the examination. 16
(5) For deciding any liability in relation to the carrying out of the 17
examination, the doctor is taken to have the consent of the child's parents or 18
guardian to the examination. 19
may authorise constituting members to enter places and 20
Tribunal
have contact with children 21
108.(1) Subsection (2) applies if-- 22
(a) a review is about the suitability of a place or the suitability of 23
facilities provided or to be provided for a child at a place; and 24
(b) the tribunal considers it is necessary for the purpose of the review 25
for the constituting members or any of them to view the place; 26
and 27
(c) the tribunal is satisfied that entry to the place has been, or is likely 28
to be, refused. 29
(2) The tribunal may, by order, authorise the constituting members or 30
s 108 53 s 108
Children Services Tribunal
any of them to enter and inspect the place. 1
(3) Subsection (4) applies if, for the purpose of a review, the tribunal-- 2
(a) considers that, having regard to a child's views and wishes, if 3
any, it is in the child's best interests for the constituting members, 4
or any of them, to have contact with a child; and 5
(b) is satisfied that contact has been, or is likely to be, refused by the 6
child's carer, guardian or parent; and 7
(c) considers that the appointment of a separate representative for the 8
child or of an independent inquirer will not ensure the information 9
the tribunal is seeking to obtain from the contact is placed before 10
the tribunal. 11
(4) The tribunal may, by order, authorise the constituting members, or 12
any of them, to have contact with the child and, for that purpose, enter a 13
place where the child is or is reasonably believed to be. 14
(5) An order under this section must be in writing and state-- 15
(a) the names of the constituting members to whom it relates; and 16
(b) if the order is about contact with a child, the child's name; and 17
(c) either that the members, with necessary reasonable help and 18
force-- 19
(i) may enter and inspect the place; or 20
(ii) may enter the place where the child is or is reasonably 21
believed to be; and 22
(d) if the order is about contact with a child, the members-- 23
(i) may search the place for the child; and 24
(ii) may remain in the place for as long as the members consider 25
necessary for having contact with the child; and 26
(e) the hours of the day or night when the place may be entered; and 27
(f) the date, within 14 days after the order is made, the order ends. 28
(6) An order under this section does not compel a child to have contact 29
with a member. 30
s 109 54 s 111
Children Services Tribunal
members may enter place etc. 1
Constituting
109. The constituting members may exercise the powers given to the 2
members under section 108. 3
to enter--procedure before entry 4
Order
110.(1) This section applies to an entry under section 108. 5
(2) Before entering the place the constituting members acting under the 6
tribunal's order must do or make a reasonable attempt to do all the 7
following-- 8
(a) give an occupier or, if there is no occupier, the owner, of the place 9
reasonable notice of the entry; 10
(b) identify themselves to a person present who is an occupier of the 11
place by producing notices of their appointments or other 12
documents evidencing their appointments; 13
(c) give the person a copy of the tribunal's order; 14
(d) tell the person the members are permitted to enter the place; 15
(e) give the person an opportunity to allow the members immediate 16
entry to the place without using force. 17
(3) However, the constituting members need not comply with 18
subsection (2) if the members believe, on reasonable grounds, that 19
immediate entry to the place is required to ensure the effective execution of 20
the tribunal's order is not frustrated. 21
of tribunal 22
Contempt
111.(1) A person must not, without reasonable excuse-- 23
(a) insult a member, or a member of the tribunal's staff, at a tribunal 24
proceeding, or in going to or returning from the proceeding; or 25
(b) deliberately interrupt a tribunal proceeding, or otherwise 26
misbehave at a tribunal proceeding; or 27
(c) create, or join in creating or continuing, a disturbance in or near a 28
place where a tribunal proceeding is being conducted; or 29
s 112 55 s 113
Children Services Tribunal
(d) obstruct a person attending a tribunal proceeding; or 1
(e) obstruct a member in the performance of the member's functions 2
or the exercise of the member's powers; or 3
(f) contravene a lawful order or direction of the tribunal made or 4
given under this Act; or 5
(g) obstruct a person acting under an order made by the tribunal or a 6
member under this Act; or 7
(h) do anything that would be contempt of court if the tribunal were a 8
court of record. 9
Maximum penalty--100 penalty units. 10
(2) A child does does not commit an offence against subsection (1) if the 11
thing that would otherwise constitute the offence is done by the child in the 12
course of, or relates in any way to, a review of a reviewable decision about 13
the child. 14
may exclude person for contempt 15
Tribunal
112.(1) The tribunal may order that a person who contravenes 16
section 111(1) at a proceeding be excluded from the place where the 17
proceeding is being conducted. 18
(2) A member of the tribunal staff, acting under the tribunal's order, 19
may, using necessary and reasonable help and force, exclude the person 20
from the place. 21
osts 22
C
113.(1) Each party to a review must bear the party's own costs for the 23
review. 24
(2) However, the tribunal may award costs in a proceeding against a 25
party if, in the special circumstances of the proceeding, the tribunal 26
considers an award for costs is appropriate. 27
28
Example of possible special circumstances--
29
The proceeding, or a part of the proceeding, has been frivolous or vexatious.
(3) An award of costs under subsection (2) may require a party to pay the 30
s 114 56 s 115
Children Services Tribunal
costs of a separate representative. 1
(4) The tribunal must not award costs against a child. 2
(5) If costs are awarded by the tribunal, the amount of the costs is to be 3
the amount the tribunal considers reasonable. 4
of costs 5
Recovery
114.(1) This section applies if the tribunal awards costs against a party 6
under section 113(2). 7
(2) The amount of the costs is a debt owing by the party to the person in 8
whose favour the award is made. 9
PART 5--INQUIRIES BY INDEPENDENT 10
INQUIRERS 11
Division 1--Appointment of independent inquirers for inquiries and 12
other matters 13
ppointments 14
A
115.(1) The tribunal may appoint an independent inquirer to inquire into 15
and report to the tribunal about a matter connected with a review. 16
(2) If the independent inquirer is likely to have contact with a child, the 17
person appointed must have professional knowledge of, and experience in 18
working with, children. 19
(3) The instrument of appointment must state-- 20
(a) any conditions of the appointment; and 21
(b) the time within which the independent inquirer must report to the 22
tribunal. 23
s 116 57 s 119
Children Services Tribunal
inquirers must disclose certain interests 1
Independent
116.(1) This section applies if an independent inquirer appointed to 2
inquire into and report to the tribunal about a matter connected with a review 3
becomes aware the independent inquirer has an interest, financial or 4
otherwise, that could conflict with the proper performance of the 5
independent inquirer's functions (the "conflict"). 6
(2) The independent inquirer must disclose the issue giving rise to the 7
conflict to the president and parties to the review. 8
(3) After making the disclosure, the independent inquirer may disqualify 9
himself or herself. 10
(4) The independent inquirer may conduct the inquiry and report about 11
the matter only with the agreement of the president and the parties. 12
of independent inquirers 13
Functions
117.(1) The independent inquirer has the functions of inquiring into the 14
matter for which the inquirer is appointed and reporting the results of the 15
inquiry to the tribunal.15 16
(2) For inquiring into the matter, the independent inquirer may seek 17
information from the parties and other persons. 18
(3) The independent inquirer may make recommendations in the report. 19
inquirer's access to documents 20
Independent
118. The tribunal may, for helping the independent inquirer's inquiry, 21
give the inquirer access to any documents given to the tribunal, including 22
documents to which a confidentiality order relates. 23
of independent inquirer's instrument of appointment etc. 24
Production
119. The independent inquirer may exercise a power in relation to 25
someone else only if the inquirer first produces, for the other person's 26
inspection-- 27
15 Under section 76(5)(c), an independent inquirer may also be appointed to
examine a document required to be given to the tribunal.
s 120 58 s 121
Children Services Tribunal
(a) the inquirer's instrument of appointment; and 1
(b) photographic identification of the inquirer. 2
Division 2--Powers of independent inquirers 3
for div 2 4
Definition
120. In this division-- 5
"authorised member" means-- 6
(a) the president if the president is a lawyer of at least 5 years 7
standing; or 8
(b) a constituting member of the tribunal who is a lawyer of at least 9
5 years standing. 10
member or tribunal may authorise entry of places and 11
Authorised
contact with children by independent inquirer 12
121.(1) Subsection (2) applies if-- 13
(a) the independent inquirer's inquiry is about or includes the 14
suitability of a place or the suitability of facilities provided or to be 15
provided for a child at a place; and 16
(b) an authorised member or the tribunal considers it is necessary for 17
the purpose of the inquiry that the inquirer inspect the place; and 18
(c) the authorised member or tribunal is satisfied that entry to the 19
place has been, or is likely to be, refused. 20
(2) The authorised member or tribunal may, by order, authorise the 21
independent inquirer to enter and inspect the place. 22
(3) Subsection (4) applies if an authorised member or the tribunal-- 23
(a) considers that, having regard to a child's views and wishes, if 24
any, it is in the child's best interests for the independent inquirer 25
to have contact with the child for the independent inquirer's 26
inquiry; and 27
(b) is satisfied contact has been, or is likely to be, refused by the 28
s 122 59 s 123
Children Services Tribunal
child's carer, guardian or parent. 1
(4) The authorised member or tribunal may, by order, authorise the 2
independent inquirer to have contact with the child and, for that purpose, 3
enter a place where the child is or is reasonably believed to be. 4
(5) An order under this section must be in writing and state-- 5
(a) the independent inquirer's name; and 6
(b) if the order is about contact with a child, the child's name; and 7
(c) either that the independent inquirer may, with necessary 8
reasonable help and force-- 9
(i) enter and inspect the place; or 10
(ii) enter the place where the child is or is reasonably believed to 11
be; and 12
(d) if the order is about contact with a child, the independent 13
inquirer-- 14
(i) may search the place for the child; and 15
(ii) may remain in the place for as long as the independent 16
inquirer considers necessary for having contact with the 17
child; and 18
(e) the hours of the day or night when the place may be entered; and 19
(f) the date, within 14 days after the order is made, the order ends. 20
(6) An order under this section does not compel a child to have contact 21
with the independent inquirer 22
inquirer may enter place etc. 23
Independent
122. The independent inquirer may exercise the powers given to the 24
inquirer under section 121. 25
to enter--procedure before entry 26
Order
123.(1) This section applies to an entry under section 121. 27
(2) Before entering the place, the independent inquirer must do or make a 28
reasonable attempt to do all the following-- 29
s 124 60 s 125
Children Services Tribunal
(a) give an occupier or, if there is no occupier, the owner, of the place 1
reasonable notice of the entry; 2
(b) identify himself or herself to a person present at the place who is 3
an occupier of the place; 4
(c) give the person a copy of the order for the entry; 5
(d) tell the person the independent inquirer is permitted to enter the 6
place; 7
(e) give the person an opportunity to allow the independent inquirer 8
immediate entry to the place without using force. 9
(3) However, the independent inquirer need not comply with 10
subsection (2) if the inquirer believes, on reasonable grounds, that 11
immediate entry to the place is required to ensure the effective execution of 12
the authorised member's or tribunal's order is not frustrated. 13
(4) This section does not limit section 119.16 14
Division 3--Reports by independent inquirers 15
of independent inquirer's report to be given to parties 16
Copies
124.(1) This section applies when an independent inquirer gives the 17
inquirer's report to the tribunal. 18
(2) Subject to any confidentiality order relating to the report, the registrar 19
must give a copy of the report to each party to the review in relation to 20
which the independent inquirer was appointed. 21
inquirer may be cross-examined about report 22
Independent
125.(1) The parties to the review to which the independent inquirer's 23
report relates are entitled to cross-examine the inquirer about the report's 24
contents. 25
(2) However, a question must not be asked and, if asked, must not be 26
16 Section 119 (Production of independent inquirer's instrument of appointment
etc.)
s 126 61 s 128
Children Services Tribunal
answered, under subsection (1) if-- 1
(a) a confidentiality order is in force in relation to the report; and 2
(b) answering the question would result in the order being 3
contravened. 4
may adopt report 5
Tribunal
126. For the review to which the independent inquirer's report relates, the 6
tribunal may adopt any findings, observations or recommendations 7
contained in the report. 8
PART 6--ENSURING TRIBUNAL DECISIONS AND 9
RECOMMENDATIONS ARE GIVEN EFFECT 10
of pt 6 11
Application
127.(1) This part applies to each decision of the tribunal on a review 12
application other than a decision to confirm the reviewable decision. 13
(2) This part also applies to recommendations made by the tribunal, after 14
reviewing a reviewable decision, to the chief executive of the government 15
entity in which the reviewable decision was made about policies, practices 16
and procedures of the entity relevant to the making of reviewable decisions. 17
to chief executives of government entities 18
Requests
128. The president may ask the chief executive of the government entity 19
in which the reviewable decision was made to notify the president, within a 20
reasonable stated time-- 21
(a) of the steps taken to give effect to the tribunal's decision; or 22
(b) of the steps taken to give effect to the tribunal's recommendations 23
and, if no steps have been taken, the reasons for this. 24
s 129 62 s 131
Children Services Tribunal
happens if decision not given effect etc. 1
What
129.(1) This section applies if the president, after considering the 2
response of the chief executive of a government entity given under 3
section 128, is of the opinion that-- 4
(a) the tribunal's decision has not been given effect; or 5
(b) no steps have been taken to give effect to the tribunal's 6
recommendations or the steps taken are inadequate or 7
inappropriate. 8
(2) The president may report on the matter to the Minister responsible for 9
the government entity. 10
(3) The president must attach the following to the report-- 11
(a) if the report is about the tribunal's decision--copies of the 12
decision and response; 13
(b) if the report is about the tribunal's recommendations--copies of 14
the recommendations and response. 15
ART 7--APPEALS 16
P
may appeal 17
Who
130. A party to a review may appeal to the District Court against the 18
tribunal's decision on the review under section 38(1),17 but only on a 19
question of law. 20
to start an appeal 21
When
131.(1) The notice of appeal under the Uniform Civil Procedure 22
Rules 1999 must be filed with the registrar of the court within 28 days 23
after-- 24
17 Section 38 (Powers of tribunal on review)
s 132 63 s 134
Children Services Tribunal
(a) if the party is given an information notice under section 4318 1
about the tribunal's decision--the day the party receives the 2
notice; or 3
(b) if paragraph (a) does not apply--the day the party otherwise 4
becomes aware of the decision. 5
(2) The court may, at any time, extend the period for filing the notice of 6
appeal. 7
does not affect tribunal's decision 8
Appeal
132. The filing of a notice of appeal with the registrar of the court does 9
not affect the tribunal's decision, or the carrying out of the decision, unless 10
the decision is stayed. 11
of the court on appeal 12
Powers
133. In deciding the appeal, the court may-- 13
(a) confirm, set aside or vary the tribunal's decision; or 14
(b) set aside the decision and return it to the tribunal for 15
reconsideration in accordance with directions given by the court; 16
or 17
(c) make orders, and give directions, the court considers appropriate. 18
PART 8--MISCELLANEOUS 19
entity may nominate decision maker 20
Government
134.(1) This section applies if a person files a review application with the 21
registrar. 22
(2) The government entity in which the reviewable decision was made 23
may give the registrar a notice nominating an officer or employee of the 24
18 Section 43 (Registrar must give information notice to parties)
s 135 64 s 137
Children Services Tribunal
entity, or the holder for the time being of an office in the entity, as the 1
decision maker for the review. 2
of independent inquirer 3
Obstruction
135. A person must not obstruct an independent inquirer in the exercise 4
of a power under this Act, unless the person has a reasonable excuse. 5
Maximum penalty--100 penalty units. 6
or misleading statements 7
False
136.(1) A person must not state anything to the tribunal, or an 8
independent inquirer appointed under this Act, the person knows is false or 9
misleading in a material particular. 10
Maximum penalty--100 penalty units. 11
(2) In a proceeding for an offence against subsection (1), it is enough for 12
a charge to state the statement was, without specifying which, `false or 13
misleading'. 14
or misleading documents 15
False
137.(1) A person must not give to the tribunal, or an independent inquirer 16
appointed under this Act, a document containing information the person 17
knows is false or misleading in a material particular. 18
Maximum penalty--100 penalty units. 19
(2) Subsection (1) does not apply to a person if the person, when giving 20
the document-- 21
(a) tells the tribunal or independent inquirer, to the best of the 22
person's ability, how it is false or misleading; and 23
(b) if the person has, or can reasonably obtain, the correct 24
information, gives the correct information. 25
(3) In a proceeding for an offence against subsection (1), it is enough for 26
a charge to state the document was, without specifying which, `false or 27
misleading'. 28
s 138 65 s 139
Children Services Tribunal
documents to children 1
Giving
138.(1) This section applies if, under this Act, the tribunal gives a written 2
decision, direction, notice or order to a child. 3
(2) The tribunal must cause the terms and effects of the document to be 4
explained to the child. 5
(3) However the terms and effects of the document need only be 6
explained to the extent that is reasonably practicable in the circumstances 7
having regard to the child's age or ability to understand the terms and effects 8
of the document. 9
(4) Failure to comply with subsection (2) does not affect-- 10
(a) the validity of the document; or 11
(b) if the tribunal is required, under this Act, to give the document to 12
the child, the tribunal's compliance with the requirement to give 13
the document. 14
(5) In this section-- 15
"tribunal" includes a member and the registrar. 16
documents to certain persons 17
Giving
139.(1) This section applies if-- 18
(a) under this Act, the tribunal gives a written decision, direction, 19
notice or order to a person; and 20
(b) the tribunal is aware that the person is blind, apparently illiterate or 21
does not understand English. 22
(2) The tribunal must do everything reasonably possible to communicate 23
the information in the document to the person. 24
25
Example--
26
If a person does not understand English, the tribunal may arrange for the
27
document to be translated into a language the person understands.
(3) Failure to comply with subsection (2) does not affect-- 28
(a) the validity of the document; or 29
(b) if the tribunal is required, under this Act, to give the document to 30
s 140 66 s 141
Children Services Tribunal
the person, the tribunal's compliance with the requirement to give 1
the document. 2
(4) In this section-- 3
"tribunal" includes a member and the registrar. 4
of documents 5
Return
140.(1) This section applies if-- 6
(a) a person produces a document or other thing to the tribunal for a 7
review; and 8
(b) the review has finished; and 9
(c) either-- 10
(i) the tribunal's decision on the review has been appealed to the 11
District Court and the appeal has been finalised; or 12
(ii) 35 days have elapsed since the tribunal's decision on the 13
review was made and the decision has not been appealed to 14
the District Court. 15
(2) The registrar must return the document or other thing to the person. 16
information not to be published 17
Certain
141.(1) A person must not publish-- 18
(a) information given in evidence or otherwise in a proceeding before 19
the tribunal; or 20
(b) information that is likely to identify a person who-- 21
(i) appears as a witness before the tribunal in a proceeding; or 22
(ii) is a party to the proceeding; or 23
(iii) is mentioned, or otherwise involved, in the proceeding. 24
Maximum penalty-- 25
(a) for a corporation--1 000 penalty units; or 26
(b) for an individual--100 penalty units or 2 years imprisonment. 27
s 142 67 s 143
Children Services Tribunal
(2) Subsection (1)(a) does not apply to a person if the tribunal consents to 1
the publication of the information by the person. 2
(3) In this section-- 3
"publish", for information, means to publish it to the public by way of the 4
internet, newspaper, radio, television or other form of communication. 5
of information 6
Confidentiality
142.(1) This section applies to-- 7
(a) a person who is, or was, a member, an expert, an independent 8
inquirer or a member of the tribunal's staff; and 9
(b) information obtained by the person in the course of performing 10
the person's functions under this Act. 11
(2) The person must not disclose the information if the information is 12
about another person's affairs. 13
Maximum penalty--100 penalty units or 2 years imprisonment. 14
(3) Subsection (2) does not apply if-- 15
(a) the information-- 16
(i) is disclosed in the performance of functions under this Act; 17
or 18
(ii) relates to an adult and the information is disclosed with the 19
written consent of the adult and the information is unlikely to 20
identify a child; or 21
(b) the disclosure of the information is authorised or permitted under 22
an Act or required by law. 23
and immunity of member etc. 24
Protection
143.(1) A person who is a member, expert, facilitator or independent 25
inquirer has, in performing the person's functions, the same protection and 26
immunity as a judge of the Supreme Court. 27
(2) A person appearing before the tribunal for someone else has the same 28
protection and immunity as a barrister appearing for a party in a proceeding 29
s 144 68 s 146
Children Services Tribunal
in the Supreme Court. 1
(3) A witness, or person required to be a witness, in a proceeding before 2
the tribunal has the same protection as a witness in a proceeding in the 3
Supreme Court. 4
staff members from liability 5
Protecting
144.(1) A member of the tribunal's staff is not civilly liable for an act 6
done, or omission made, honestly and without negligence under this Act. 7
(2) If subsection (1) prevents a civil liability attaching to a member of the 8
tribunal's staff, the liability attaches instead to the State. 9
to give statistical information to commissioner 10
President
145.(1) The president must, from time to time, give the commissioner 11
statistical information about all the following-- 12
(a) the number and types of reviewable decisions that have been the 13
subject of review applications; 14
(b) the tribunal's decisions on the applications; 15
(c) recommendations under section 38(3)19 about the policies, 16
practices and procedures of government entities. 17
(2) The information must not identify the parties (other than the decision 18
maker) to, or other persons taking part in, a review. 19
reports 20
Annual
146.(1) As soon as practicable after the close of each financial year but 21
not later than 4 months after that close, the president must prepare a report 22
for that year about the tribunal and give a copy of the report to the Minister. 23
(2) The report must contain a review of the tribunal's operations during 24
the financial year. 25
(3) The Minister must table a copy of the report in the Legislative 26
Assembly within 14 days after the Minister receives the report. 27
19 Section 38 (Powers of tribunal on review)
s 147 69 s 150
Children Services Tribunal
forms 1
Approved
147. The president may approve forms for this Act. 2
proceedings for offences 3
Summary
148. Proceedings for an offence against this Act are to be taken in a 4
summary way under the Justices Act 1886. 5
power 6
Regulation-making
149.(1) The Governor in Council may make regulations under this Act. 7
(2) A regulation may be made about fees for this Act. 8
(3) Without limiting subsection (2), a regulation may impose fees for 9
filing applications and other documents with the registrar or the tribunal. 10
(4) However, if a regulation imposes a fee for the filing of an application 11
or other document, no fee is payable if the application or other document is 12
filed by, or on behalf of, a child. 13
power 14
Rule-making
150.(1) The Governor in Council may make rules ("tribunal rules") 15
for-- 16
(a) the practice and procedure of the tribunal; and 17
(b) the conduct of the tribunal's business. 18
(2) The tribunal rules may include the following-- 19
(a) guidelines for deciding applications by parties to a review for 20
permission to be represented before the tribunal; 21
(b) guidelines for deciding whether the tribunal should make an order 22
that a child be represented before it by a separate representative; 23
(c) criteria the president must have regard to in deciding whether to 24
include a person's name on, or omit a person's name from, the 25
facilitators list or independent inquirers list. 26
(3) Rules made under this section are rules of court. 27
s 151 70 s 154
Children Services Tribunal
amended 1
Acts
151. Schedule 1 amends each Act mentioned in it. 2
PART 9--SAVING AND TRANSITIONAL 3
PROVISIONS 4
for pt 9 5
Definitions
152. In this part-- 6
"commencement day" means the day this part commences. 7
"repealed Act" means the Children's Commissioner and Children's 8
Services Appeals Tribunal Act 1996. 9
of appointments of tribunal panel members under repealed 10
Saving
Act 11
153.(1) This section applies to a person holding office as a tribunal panel 12
member under section 37 of the repealed Act immediately before the 13
commencement day. 14
(2) The person is taken to be properly appointed as a member of the 15
tribunal established under this Act. 16
(3) Subject to this Act, the term of the person's appointment is the 17
balance of the term for which the person was appointed under the repealed 18
Act. 19
decisions taken to be reviewable decisions under this Act 20
Certain
154.(1) This section applies to a reviewable decision under the repealed 21
Act if, immediately before the commencement day, a person has a right to 22
appeal against the decision to a tribunal established under that Act. 23
(2) The decision is taken to be a reviewable decision under this Act and 24
the provisions of this Act relating to a review of a reviewable decision apply 25
with any necessary changes. 26
s 155 71 s 157
Children Services Tribunal
under repealed Act 1
Appeals
155.(1) This section applies if, under the repealed Act, a person has 2
appealed against a reviewable decision under that Act and the appeal has not 3
been decided by a tribunal under that Act. 4
(2) For this Act, the appeal is taken to be a review application properly 5
made under this Act relating to the reviewable decision and the provisions 6
of this Act relating to the review of reviewable decisions apply with any 7
necessary changes. 8
happens if a tribunal established under repealed Act 9
What
156.(1) This section applies if, under the repealed Act, a tribunal has been 10
established to hear an appeal under the repealed Act. 11
(2) The members of that tribunal constitute the tribunal for this Act. 12
(3) The chairperson of the tribunal under the repealed Act is taken to be 13
the presiding member of the tribunal as constituted for this Act. 14
(4) If the tribunal established under the repealed Act has started to hear 15
the appeal, the tribunal may continue, under this Act, to deal with the matter 16
of the appeal as a review under this Act. 17
(5) If the tribunal established under the repealed Act has done anything 18
else under that Act relating to the appeal, the thing has effect for this Act. 19
20
Example for subsection (5)--
21
The tribunal established under the repealed Act may have stayed the decision
22
appealed against.
to District Court from decisions of tribunals established 23
Appeals
under repealed Act 24
157.(1) A person's right of appeal under section 65 of the repealed act 25
continues despite the repeal of the Act. 26
(2) For subsection (1), the District Court may hear and decide the appeal 27
under the repealed Act. 28
(3) Subsection (4) applies for an appeal pending or started under 29
section 66 of the repealed Act on or after the commencement day. 30
s 157 72 s 157
Children Services Tribunal
(4) Section 66(c) of the repealed Act is taken to empower the District 1
Court to set aside the decision appealed against and refer it to the tribunal 2
established under this Act for consideration in accordance with directions 3
given by the court. 4
(5) For dealing with the reference, the tribunal is to be constituted as for a 5
review. 6
7
73
Children Services Tribunal
SCHEDULE 1 1
¡
ONSEQUENTIAL AMENDMENTS 2
C
section 151 3
DOPTION OF CHILDREN ACT 1964 4
´A
1. Section 6, definition "tribunal"-- 5
omit, insert-- 6
` "tribunal" means the Children Services Tribunal established under the 7
Children Services Tribunal Act 2000.'. 8
2. Section 13B(6)(a)-- 9
omit, insert-- 10
`(a) subject to a review of the assessment by the tribunal; and'. 11
3. Section 13D(1)(b)-- 12
omit, insert-- 13
`(b) the tribunal has made a favourable assessment on a review;'. 14
4. Section 14B(4)(b)-- 15
omit, insert-- 16
`(b) an assessment of the person made on the basis of the person's 17
criminal history alone has been set aside by the tribunal on a 18
review of the assessment.'. 19
74
Children Services Tribunal
SCHEDULE 1 (continued)
5. Section 14C(3)(a)-- 1
omit, insert-- 2
`(a) subject to a review of the assessment by the tribunal; and'. 3
6. Section 14D, heading, `Appeals to'-- 4
omit, insert-- 5
`Reviews by'. 6
7. Section 14D(2)-- 7
omit, insert-- 8
`(2) The person may apply to the tribunal to have the decision or 9
assessment reviewed.'. 10
8. Section 59(2)(c), `chairperson'-- 11
omit, insert-- 12
`president'. 13
9. Section 65(1A)(da)-- 14
omit. 15
CHILD CARE ACT 1991 16
´
1. Section 3, definition "tribunal"-- 17
omit, insert-- 18
` "tribunal" means the Children Services Tribunal established under the 19
Children Services Tribunal Act 2000.'. 20
75
Children Services Tribunal
SCHEDULE 1 (continued)
2. Section 41(1), from `may appeal'-- 1
omit, insert-- 2
`may apply to the tribunal to have the decision reviewed.'. 3
HILD PROTECTION ACT 1999 4
´C
1. Section 78(2)(b)-- 5
omit, insert-- 6
`(b) that the parent may apply to the tribunal to have the decision 7
reviewed only on the ground mentioned in subsection (3);'. 8
2. Section 78(2)(c), `the appeal' 9
omit, insert-- 10
`the application'. 11
3. Section 78(2)(d)-- 12
omit, insert-- 13
`(d) how to apply to have the decision reviewed.'. 14
4. Section 78(3) and (4)-- 15
omit, insert-- 16
`(3) The parent may apply to have the decision to give the direction 17
reviewed only on the ground that the direction does not specifically relate to 18
the supervision matters. 19
76
Children Services Tribunal
SCHEDULE 1 (continued)
`(4) Despite the Children Services Tribunal Act 2000, section 7020 the 1
tribunal can not grant a stay of the decision.'. 2
5. Section 86(2)(c) and (d)-- 3
omit, insert-- 4
`(c) that the child and the child's parents may, within 28 days after 5
receiving the notice, apply to the tribunal to have the decision 6
reviewed; 7
(d) how to apply to have the decision reviewed.'. 8
6. Section 86(5)(c) and (d)-- 9
omit, insert-- 10
`(c) that the child and the child's parents may, within 28 days after 11
receiving the notice, apply to the tribunal to have the decision 12
reviewed; 13
(d) how to apply to have the decision reviewed.'. 14
7. Section 87(4)(c) and (d)-- 15
omit, insert-- 16
`(c) state that the person may, within 28 days after receiving the 17
notice, apply to the tribunal to have the decision reviewed; and 18
(d) state how to apply to have the decision reviewed.'. 19
8. Section 90(3)(b)-- 20
omit, insert-- 21
`(b) if, under section 91, the carer is entitled to apply to have the 22
20 Children Services Tribunal Act 2000, section 70 (Stay of reviewable decision's
operation)
77
Children Services Tribunal
SCHEDULE 1 (continued)
decision reviewed-- 1
(i) the carer may apply to the tribunal to have the decision 2
reviewed; and 3
(ii) the application must be made within 28 days after the carer 4
receives the notice; and 5
(iii) how to apply to have the decision reviewed.'. 6
9. Section 90(4)(b) to (d)-- 7
omit, insert-- 8
`(b) that the child may apply to the tribunal to have the decision 9
reviewed; and 10
(c) the application must be made within 28 days after the child 11
receives the notice; and 12
(d) how to apply to have the decision reviewed.'. 13
10. Section 91, heading-- 14
omit, insert-- 15
`Review of decision to remove child from carer's care'. 16
11. Section 91, from `appeal' to `care if'-- 17
omit, insert-- 18
`have the decision to remove the child from the carer's care reviewed by 19
the tribunal if'. 20
12. Section 129(2)(c) and (d)-- 21
omit, insert-- 22
78
Children Services Tribunal
SCHEDULE 1 (continued)
`(c) state that the person may, within 28 days after receiving the 1
notice, apply to the tribunal to have the decision reviewed; and 2
(d) state how to apply to have the decision reviewed.'. 3
13. Section 136(2)(c) and (d)-- 4
omit, insert-- 5
`(c) state that the person may, within 28 days after receiving the 6
notice, apply to the tribunal to have the decision reviewed; and 7
(d) state how to apply to have the decision reviewed.'. 8
14. Section 137(5)(c) and (d)-- 9
omit, insert-- 10
`(c) state that the applicant may, within 28 days after receiving the 11
notice, apply to the tribunal to have the decision reviewed; and 12
(d) state how to apply to have the decision reviewed.'. 13
15. Section 138(6)(c) and (d) 14
omit, insert-- 15
`(c) state that the holder may, within 28 days after receiving the notice, 16
apply to the tribunal to have the decision reviewed; and 17
(d) state how to apply to have the decision reviewed.'. 18
16. Section 140(5)(b) and (c)-- 19
omit, insert-- 20
`(b) that the holder may, within 28 days after receiving the notice, 21
apply to the tribunal to have the decision reviewed; and 22
(c) how to apply to have the decision reviewed.'. 23
79
Children Services Tribunal
SCHEDULE 1 (continued)
17. Section 245(5)-- 1
omit, insert-- 2
`(5) The arrangement can not take effect until-- 3
(a) the end of the time to apply to have the decision to make the 4
arrangement reviewed by the tribunal; or 5
(b) if an application is made to have the decision reviewed by the 6
tribunal--the review is decided or otherwise disposed of.'. 7
18. Section 245(7)(c)-- 8
omit, insert-- 9
`(c) state that the person given the notice may, within 28 days after 10
receiving the notice, apply to the tribunal to have the decision to 11
make the arrangement reviewed.'. 12
19. Section 247-- 13
omit, insert-- 14
`Reviews of reviewable decisions 15
`247. An aggrieved person for a reviewable decision may apply to the 16
tribunal to have the decision reviewed.21'. 17
20. Schedule 2, heading, `APPEALABLE'-- 18
omit, insert-- 19
`REVIEWABLE'. 20
21 Aggrieved persons and reviewable decisions are in schedule 2. Reviews are
dealt with in the Children Services Tribunal Act 2000, part 4.
80
Children Services Tribunal
SCHEDULE 1 (continued)
21. Schedule 2, beneath heading, `and "appealable decision" '-- 1
omit, insert-- 2
`and "reviewable decision" '. 3
22. Schedule 2, heading of first column-- 4
omit, insert-- 5
`Reviewable decision'. 6
23. Schedule 2, second column, `A carer entitled to appeal under 7
section 91 or the child'-- 8
omit, insert-- 9
`A carer entitled to apply to have a decision reviewed under section 91 or 10
the child'. 11
24. Schedule 3, definitions "appealable decision" and "tribunal"-- 12
omit. 13
25. Schedule 3-- 14
insert-- 15
` "reviewable decision" means a decision stated in schedule 2. 16
"tribunal" means the Children Services Tribunal established under the 17
Children Services Tribunal Act 2000.'. 18
26. Schedule 3, definition "aggrieved person", `an appealable 19
decision'-- 20
omit, insert-- 21
`a reviewable decision'. 22
23
81
Children Services Tribunal
SCHEDULE 2 1
¡
DICTIONARY 2
section 3 3
"ADR" see section 82. 4
"approved form" means a form approved under section 147. 5
"authorised member", for part 5, division 2, see section 120. 6
"child" means an individual under 18 years. 7
"child-related employment decision" means a reviewable decision 8
mentioned in the Commission for Children and Young People Act 9
2000, section 121. 10
"child-related employment review" means the review of a child-related 11
employment decision. 12
"commissioner" means the Commissioner for Children and Young People 13
under the Commission for Children and Young People Act 2000. 14
"confidentiality order" see section 105(1). 15
"constituting member", for a proceeding before the tribunal, means-- 16
(a) if the tribunal is constituted by 3 members for the 17
proceeding--1 of the members; or 18
(b) if the tribunal is constituted by a single member for the 19
proceeding--that member. 20
"contact", with a child, includes to see and talk to the child. 21
"criminal history", of a person, means the person's criminal history within 22
the meaning of the Criminal Law (Rehabilitation of Offenders) Act 23
1986 and-- 24
(a) despite section 6 of that Act, includes a conviction of the person to 25
which the section applies; and 26
(b) despite section 5 of that Act, includes a charge made against the 27
82
Children Services Tribunal
SCHEDULE 2 (continued)
person for an offence. 1
"decision maker" means-- 2
(a) the person who made the decision concerned; or 3
(b) the person for the time being holding the office by virtue of which 4
the decision was made; or 5
(c) if a person is nominated as the decision maker for a review under 6
section 134(2), the person. 7
"deputy president" means the member, if any, appointed under section 10 8
as deputy president of the tribunal. 9
"expert" see section 53(1). 10
"facilitators" see section 18(1)(c). 11
"facilitators list" see section 18(1)(c). 12
"government entity" see Public Service Act 1996, section 21. 13
"harm", to a child, see section 4. 14
"independent inquirers" see section 18(1)(d). 15
"independent inquirers list" see section 18(1)(d). 16
"member" means a member of the tribunal. 17
"notice" means written notice. 18
"obstruct" includes hinder, resist and attempt to obstruct. 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) land where a building or other structure is situated; and 24
(d) a vehicle. 25
"president" means the member appointed under section 10 as president of 26
the tribunal. 27
83
Children Services Tribunal
SCHEDULE 2 (continued)
"presiding member" see section 29. 1
"proceeding" means a proceeding under this Act relating to a review 2
application and does not include an inquiry being undertaken by an 3
independent inquirer. 4
"registrar" means the registrar of the tribunal. 5
"review" means the review of a reviewable decision by the tribunal. 6
"reviewable decision" means a decision that, under an Act, a person may 7
apply to have reviewed by the tribunal. 8
"review application" see section 58(1). 9
"separate representative" see section 68(3). 10
"support person" see section 49(2). 11
"tribunal" means the Children Services Tribunal. 12
"tribunal rules" see section 150(1). 13
14
© State of Queensland 2000
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