Queensland Consolidated Acts

CHILDREN SERVICES TRIBUNAL ACT 2000

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement

           Division 2--Interpretation

   3.      Dictionary
   4.      What is harm to a child

           Division 3--Operation of Act

   5.      Act binds all persons

           Division 4--Object and principles

   6.      Object
   7.      Principles for administering this Act

           Part 2--Establishment and membership of Children Services Tribunal

           Division 1--Establishment of tribunal

   8.      Children Services Tribunal
   9.      Tribunal not subject to direction by Minister

           Division 2--Membership of tribunal

   10.     Membership of tribunal
   11.     Selection
   12.     Eligibility for appointment as member
   13.     Term of appointment
   14.     Resignation
   15.     Remuneration etc.
   16.     Removal from office
   17.     Minister may obtain information from commissioner of police service

           Division 3--Functions and powers of president and deputy president

   18.     President's functions
   19.     President not subject to direction by Minister
   20.     Facilitators and independent inquirers lists
   21.     President's powers
   22.     Delegation
   23.     When deputy president to act as president

           Part 3--Registrar and other staff

   24.     Registrar of tribunal
   25.     Keeping of records and information
   26.     Staff of tribunal

           Part 4--Organisation, jurisdiction and operation of tribunal

           Division 1--Sitting and constitution of tribunal

   27.     Sitting of tribunal
   28.     Constitution of tribunal for review
   29.     Presiding member
   30.     Limitation on members who may constitute tribunal
   31.     Members must disclose certain interests
   32.     Reconstituting tribunal
   33.     Way question of law to be decided
   34.     Way other question to be decided

           Division 2--Jurisdiction and matters relating to decisions

   35.     Jurisdiction
   36.     Tribunal may hold hearing
   37.     Tribunal to decide matters afresh
   38.     Powers of tribunal on review
   39.     President may refer reviewable decision back for internal review
   40.     When matter before court
   41.     Tribunal's powers to dismiss review application
   42.     Tribunal's decision
   43.     Registrar must give information notice to parties
   44.     Copies of decisions and recommendations must be given
   45.     Effect of tribunal's decision

           Division 3--General powers and procedures of the tribunal

   46.     Powers generally
   47.     Method of conducting proceedings
   48.     Proceedings must usually be held in private
   49.     Party and witness before tribunal may have support person present
   50.     When proceeding may be held in public
   51.     Procedure generally
   52.     Tribunal's procedures must take account of certain matters
   53.     Expert help
   54.     Procedural directions
   55.     Adjournments
   56.     Tribunal may proceed in absence of party

           Division 4--Starting reviews, parties and representatives, and stay of reviewable decisions

   57.     Reviewable decisions
   58.     How to start a review
   59.     Applications on behalf of children
   60.     Registrar to give notice of review application
   61.     Parties to review
   62.     Certain persons may elect to become parties
   63.     Joinder of person as party to review
   64.     Right of party to appear
   65.     When review applications may be dealt with together
   66.     Representation of parties other than children
   67.     Representation of children by lawyers
   68.     Separate representation of children
   69.     Review application does not affect reviewable decision
   70.     Stay of reviewable decision's operation
   71.     Withdrawal of review application

           Division 5--Documents

   72.     Div 5 does not affect the Child Protection Act 1999, ss 186 or 191
   73.     President or presiding member may constitute tribunal for exercising particular powers
   74.     Decision maker must give the tribunal certain documents
   75.     Tribunal may order production of documents
   76.     Person may object to giving documents to tribunal
   77.     Parties access to documents
   78.     When copies of documents may be given

           Division 6--Preliminary conferences

   79.     Preliminary conferences
   80.     Constitution of tribunal for preliminary conference
   81.     Registrar must give parties notice of preliminary conference

           Division 7--Alternative dispute resolution

   82.     Purpose of alternative dispute resolution
   83.     Referral to ADR
   84.     Appointment of facilitators
   85.     Facilitators must disclose certain interests
   86.     Procedure at ADR
   87.     Evidence from ADR inadmissible
   88.     Facilitators to maintain secrecy
   89.     Facilitators' reports
   90.     Settlement of review at ADR

           Division 8--Children as witnesses etc.

   91.     Children must not be compelled to give evidence
   92.     Child's right to express views to tribunal
   93.     Children giving evidence or expressing views to tribunal
   94.     Questioning of children
   95.     Provisions for child-related employment reviews
   96.     Provisions applying if party to review is a child who is a parent of the child about whom the reviewable decision was made

           Division 9--Witnesses generally

   97.     Attendance of witnesses
   98.     Swearing or affirming witnesses
   99.     Allowances for witnesses
   100.    Witnesses need not be sworn or make affirmations
   101.    Tribunal may refuse to allow party to call evidence etc.
   102.    Tribunal may examine and cross-examine witnesses
   103.    Offences by witnesses
   104.    Separate representative must not be called to give evidence

           Division 10--Other supporting provisions

   105.    Confidentiality orders
   106.    President or tribunal may authorise medical examination of child
   107.    Carrying out medical examinations
   108.    Tribunal may authorise constituting members to enter places and have contact with children
   109.    Constituting members may enter place etc.
   110.    Order to enter—procedure before entry
   111.    Contempt of tribunal
   112.    Tribunal may exclude person for contempt
   113.    Costs
   114.    Recovery of costs

           Part 5--Inquiries by independent inquirers

           Division 1--Appointment of independent inquirers for inquiries and other matters

   115.    Appointments
   116.    Independent inquirers must disclose certain interests
   117.    Functions of independent inquirers
   118.    Independent inquirer's access to documents
   119.    Production of independent inquirer's instrument of appointment etc.

           Division 2--Powers of independent inquirers

   120.    Definition for div 2
   121.    Authorised member or tribunal may authorise entry of places and contact with children by independent inquirer
   122.    Independent inquirer may enter place etc.
   123.    Order to enter—procedure before entry

           Division 3--Reports by independent inquirers

   124.    Copies of independent inquirer's report to be given to parties
   125.    Independent inquirer may be cross-examined about report
   126.    Tribunal may adopt report

           Part 6--Ensuring tribunal decisions and recommendations are given effect

   127.    Application of pt 6
   128.    Requests to chief executives of government entities
   129.    What happens if decision not given effect etc.

           Part 7--Appeals

   130.    Who may appeal
   131.    When to start an appeal
   132.    Appeal does not affect tribunal's decision
   133.    Powers of the court on appeal

           Part 8--Miscellaneous

   134.    Government entity may nominate decision maker
   135.    Obstruction of independent inquirer
   136.    False or misleading statements
   137.    False or misleading documents
   138.    Giving documents to children
   139.    Giving documents to certain persons
   140.    Return of documents
   141.    Certain information not to be published
   142.    Confidentiality of information
   143.    Protection and immunity of member etc.
   144.    Protecting staff members from liability
   145.    President to give statistical information to commissioner
   146.    Annual reports
   147.    Approved forms
   148.    Summary proceedings for offences
   149.    Regulation-making power
   150.    Rule-making power

           Part 9--Saving and transitional provisions

   152.    Definitions for pt 9
   153.    Saving of appointments of tribunal panel members under repealed Act
   154.    Certain decisions taken to be reviewable decisions under this Act
   155.    Appeals under repealed Act
   156.    What happens if a tribunal established under repealed Act
   157.    Appeals to District Court from decisions of tribunals established under repealed Act
   158.    Transitional provision for Child Care Act 2002
           SCHEDULE DICTIONARY
           Endnotes