Queensland Consolidated Acts

COMMUNITY SERVICES ACT 2007

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement

           Division 2--Object and principles

   3.      Main object of Act
   4.      How main object is mainly achieved
   5.      Guiding principles

           Division 3--Interpretation

   6.      Definitions
   7.      Meaning of service provider
   8.      Meaning of approved service provider
   9.      Meaning of funded service provider

           Part 2--Standards for the provision of community services

   10.     Minister may make standards for the provision of community services
   11.     When standard takes effect
   12.     Notice and availability of standards

           Part 3--Approved service providers

           Division 1--Preliminary

   13.     Explanation
   14.     No entitlement to assistance

           Division 2--Approval process

   15.     Application for approval
   16.     Decision on application
   17.     Approval remains in force unless cancelled

           Division 3--Cancellation of approval

   18.     Application for cancellation of approval
   19.     Decision on application
   20.     Cancellation of approval without application
   21.     Cancellation of approval if approved service provider no longer exists

           Division 4--Notice of changes by approved service provider

   22.     Approved service provider must give notice of change

           Part 4--Assistance to service providers

   23.     Purpose of giving assistance
   24.     When assistance may be given
   25.     Assistance to service providers
   26.     Who may receive approval for one-off funding
   27.     No assistance without agreement
   28.     What service agreement must contain

           Part 5--Prescribed requirements

   29.     Prescribed requirements
   30.     Funded service provider must not contravene prescribed requirements

           Part 6--Compliance notices and suspending or stopping assistance

           Division 1--Compliance notices

   31.     Cooperative approach
   32.     Compliance notice
   33.     Report by authorised officer

           Division 2--Suspending or stopping assistance for breach of agreement

   34.     Show cause notice
   35.     Representations about show cause notice
   36.     Ending show cause process without further action
   37.     Suspending or stopping assistance

           Division 3--Recovery of funding

   38.     Recovery of amount from corporation

           Part 7--Monitoring and enforcement

           Division 1--Preliminary

   39.     Purpose of pt 7
   40.     Matters to be considered by chief executive or authorised officer before exercising a power

           Division 2--Authorised officers

   41.     Powers generally
   42.     Appointment
   43.     Qualifications for appointment
   44.     Appointment conditions and limit on powers
   45.     Issue of identity card
   46.     Production or display of identity card
   47.     When authorised officer ceases to hold office
   48.     Resignation
   49.     Return of identity card

           Division 3--Powers of authorised officers
           Subdivision 1--Entry of places

   50.     Power to enter places
           Subdivision 2--Procedure for entry
   51.     Entry with consent
   52.     Application for warrant
   53.     Issue of warrant
   54.     Application by electronic communication and duplicate warrant
   55.     Defect in relation to a warrant
   56.     Warrants—procedure before entry
           Subdivision 3--Powers after entry
   57.     General powers after entering a place
   58.     Failure to help authorised officer
   59.     Failure to answer questions

           Division 4--Power to require information

   60.     Notice under s 61 may relate to use of assistance
   61.     Power to require information or documents

           Division 5--Other matters

   62.     Notice of damage
   63.     Compensation
   64.     False or misleading statements
   65.     False or misleading documents
   66.     Obstructing an authorised officer
   67.     Impersonation of an authorised officer

           Part 8--Interim manager

           Division 1--Preliminary

   68.     Main purpose of pt 8

           Division 2--Appointment

   69.     Appointment
   70.     Basis for appointment
   71.     Suitability of proposed appointee
   72.     Terms of appointment
   73.     Notice to funded service provider about appointment
   74.     Informing persons using community services about appointment
   75.     Initial period of appointment
   76.     Variation of appointment
   77.     Ending of appointment

           Division 3--Function and powers

   78.     Application of div 3
   79.     Interim manager's function
   80.     Interim manager's powers
   81.     Direction by chief executive
   82.     Other powers
   83.     Limitation on powers under instrument of appointment
   84.     Production of instrument of appointment for inspection
   85.     Obstruction

           Division 4--Other matters

   86.     Access to information or documents
   87.     Confidentiality
   88.     Remuneration
   89.     Funded service provider liable for remuneration and other costs
   90.     Accounts and reports
   91.     Compensation

           Part 9--Reviews and appeals

           Division 1--Reviewable decisions

   92.     Reviewable decisions
   93.     Chief executive must give notice after making reviewable decision

           Division 2--Review of decision

   94.     Application for review
   95.     Stay of operation of original decision
   96.     Review decision

           Division 3--Appeal against review decision

   97.     Appeal against review decision
   98.     Appeal is by way of rehearing

           Part 10--Screening of persons engaged by the department

           Division 1--Preliminary

   99.     Main purpose of pt 10
   100.    Persons engaged by the department
   101.    This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
   102.    Chief executive to advise of duties of disclosure etc.

           Division 2--Interpretation

   103.    What is a serious offence

           Division 3--Disclosure of criminal history

   104.    Persons seeking to be engaged by the department must disclose criminal history
   105.    Persons engaged by the department must disclose changes in criminal history
   106.    Requirements for disclosure
   107.    False or misleading disclosure or failure to disclose

           Division 4--Chief executive may obtain information

   108.    Chief executive may obtain report from commissioner of the police service
   109.    Prosecuting authority to notify chief executive about committal, conviction etc.

           Division 5--Controls on use of information

   110.    Use of information obtained under this part
   111.    Person to be advised of information obtained
   112.    Guidelines for dealing with information

           Part 11--Legal proceedings

           Division 1--Application

   113.    Application of pt 11

           Division 2--Evidence

   114.    Appointments and authority
   115.    Signatures
   116.    Evidentiary provisions

           Division 3--Proceedings

   117.    Proceeding for offences
   118.    When proceeding may start
   119.    Allegations of false or misleading information or document
   120.    Forfeiture on conviction
   121.    Dealing with forfeited thing
   122.    Responsibility for acts or omissions of representative
   123.    Executive officers must ensure corporation complies with Act

           Part 12--Miscellaneous

   124.    Advisory committees
   125.    Dissolution
   126.    Other matters
   127.    Confidentiality of information about criminal history and related information
   128.    Duty of confidentiality
   129.    Power to require information or documents
   130.    Protection from liability for giving information
   131.    Chief executive may share information about service provider
   132.    Delegation by Minister or chief executive
   133.    Protecting officials from liability
   134.    Approval of forms
   135.    Regulation-making power

           Part 13--Savings and transitional provisions

           Division 1--Provisions for Act No. 38 of 2007

   136.    Definitions for div 1
   137.    Certain service providers taken to be approved under part 3 and to be funded service providers
   138.    When grants under the Family Services Act continue
   139.    Other matters

           Division 2--Provision for Criminal Code and Other Acts Amendment Act 2008

   140.    Reference in sch 2 to Criminal Code offence
           SCHEDULE 1 -- REVIEWABLE DECISIONS
           SCHEDULE 2 -- CURRENT SERIOUS OFFENCES
           SCHEDULE 3 -- REPEALED OR EXPIRED SERIOUS OFFENCES
           SCHEDULE 4 -- DICTIONARY
           Endnotes