COMMUNITY SERVICES ACT 2007 - As at 1 February 2024 - Act 38 of 2007

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

Division 1 - Introduction

• 1 Short title
• 2 Commencement

Division 2 - Object and principles

• 3 Main object and achievement
• 4 Guiding principles
• 5 Finite resources available

Division 3 - Interpretation

• 6 Definitions
• 7 Meaning of funded entity and funded product or service
• 8 Meaning of funding and funding agreement
• 9 References to Minister, chief executive and department

PART 2 - GENERAL PROVISIONS ABOUT FUNDING

• 10 Application of Act
• 11 Act does not limit other remedies or powers
• 12 Minister may declare funding to which this Act applies
• 13 List of declared funding must be kept and published
• 14 Chief executive must notify funded entities about declaration
• 15 Cooperative approach

PART 3 - MANAGING SERIOUS CONCERNS

Division 1 - Preliminary

• 16 Meaning of serious concern
• 17 Report by authorised officer

Division 2 - Compliance notice

• 18 Application of div 2
• 19 Compliance notice

Division 3 - Interim manager

• 20 Chief executive may appoint interim manager
• 21 Basis of appointment

Division 4 - Recovery of funding

• 22 Recovery of funding

PART 4 - MONITORING AND ENFORCEMENT

Division 1 - Preliminary

• 23 Purpose of pt 4
• 24 Functions of authorised officers

Division 2 - Authorised officers

• 25 Appointment
• 26 Authorised officer subject to direction
• 27 Appointment conditions and limit on powers
• 28 Issue of identity card
• 29 Production or display of identity card
• 30 When authorised officer ceases to hold office
• 31 Resignation
• 32 Return of identity card

Division 3 - Powers of authorised officers

• 33 Power to enter places
Subdivision 2 - Procedure for entry
• 34 Entry with consent
• 35 Application for warrant
• 36 Issue of warrant
• 37 Application by electronic communication and duplicate warrant
• 38 Defect in relation to a warrant
• 39 Warrants—procedure before entry
Subdivision 3 - Powers after entry
• 40 General powers after entering a place
• 41 Failure to help authorised officer
• 42 Failure to answer questions

Division 4 - Power to require information

• 43 Power to require information
• 44 Offence to contravene information requirement or certification requirement

Division 5 - Other matters

• 45 Duty to avoid inconvenience and minimise damage
• 46 Notice of damage
• 47 Compensation
• 48 False or misleading statements
• 49 False or misleading documents
• 50 Obstructing an authorised officer
• 51 Impersonation of an authorised officer

PART 5 - INTERIM MANAGER

Division 1 - Preliminary

• 52 Application of pt 5

Division 2 - Appointment

• 53 Suitability of proposed appointee
• 54 Terms of appointment
• 55 Notice to funded entity about appointment
• 56 Informing particular persons about appointment
• 57 Initial period of appointment
• 58 Variation of appointment
• 59 Ending of appointment

Division 3 - Function and powers

• 60 Application of div 3
• 61 Functions
• 62 Powers
• 63 Direction by chief executive
• 64 Other powers
• 65 Limitation on powers under instrument of appointment
• 66 Production of instrument of appointment for inspection
• 67 Obstruction

Division 4 - Other matters

• 68 Access to information or documents
• 69 Confidentiality
• 70 Remuneration
• 71 Funded entity liable for remuneration and other costs
• 72 Accounts and reports
• 73 Compensation

PART 6 - REVIEWS

Division 1 - Reviewable decisions

• 74 Reviewable decisions
• 75 Chief executive must give notice after making reviewable decision

Division 2 - Review of decision by chief executive

• 76 Application for review
• 77 Stay of operation of original decision
• 78 Review decision

Division 3 - (Repealed)

PART 7 - LEGAL PROCEEDINGS

Division 1 - Application

• 79 Application of pt 7

Division 2 - Evidence

• 80 Appointments and authority
• 81 Signatures
• 82 Evidentiary provisions

Division 3 - Proceedings

• 83 Proceeding for offences
• 84 When proceeding may start
• 85 Allegations of false or misleading information or document
• 86 Forfeiture on conviction
• 87 Dealing with forfeited thing
• 88 Responsibility for acts or omissions of representative

PART 8 - MISCELLANEOUS

• 89 Joint exercise of powers
• 90 Chief executive not required to notify particular funded entities
• 91 Confidentiality of information about criminal history and related information
• 92 Duty of confidentiality
• 93 Power to require information
• 94 Protection from liability for giving information
• 95 Chief executive may share information about funded entity
• 96 Delegation by Minister or chief executive
• 97 Protecting officials from liability
• 98 Approval of forms
• 99 Regulation-making power

PART 9 - SAVINGS AND TRANSITIONAL PROVISIONS

Division 1 - Provisions for Act No. 38 of 2007

• 100 Definition for div 1
• 101 Certain service providers taken to be approved under pt 3 and to be funded service providers
• 102 When grants under the Family Services Act continue
• 103 Other matters

Division 2 - Provisions for Criminal History Screening Legislation Amendment Act 2010

• 104 Definitions for div 2
• 105 Notice about change in criminal history not given at the commencement
• 106 Request for police information not complied with at the commencement
• 107 Particular police information obtained but not used before commencement
• 108 Notice not given by prosecuting authority at the commencement
• 109 Use of particular information obtained before commencement

Division 3 - Transitional provisions for Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014

• 110 Definitions for div 3
Subdivision 2 - Transitional provision for repealed Family Services Act 1987
• 111 Written agreements about grants continue in force
Subdivision 3 - Other transitional provisions
• 112 Service agreements continue in force
• 113 Obligation to enter agreement about assistance continues
• 114 Contraventions of funding agreement or Act before commencement
• 115 Authorised officers
• 116 Interim managers
• 117 Reviews
Subdivision 4 - (Expired)

PART 10 - (Repealed)

• SCHEDULE 1
• SCHEDULE 2
Schedule 3 (Repealed)