FAMILY RESPONSIBILITIES COMMISSION ACT 2008 - As at 1 February 2024 - Act 9 of 2008
- As at 1 February 2024 - Act 9 of 2008Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
Division 2 - Objects and principles of Act
Division 3 - Interpretation
- 6 Definitions
- 7 Meaning of community member
- 8 Meaning of welfare recipient
- 8A Meaning of welfare reform community area
PART 2 - THE FAMILY RESPONSIBILITIES COMMISSION
Division 1 - Establishment, functions and powers of commission
Division 2 - Membership
- 12 Membership of commission
- 13 Selection of commissioner and deputy commissioners
- 14 Selection of local commissioners
- 15 Term of appointment
- 16 Conditions of appointment
- 17 Eligibility for appointment as commissioner or deputy commissioner
- 18 Eligibility for appointment as local commissioner
- 19 Disqualification from being commissioner or deputy commissioner
- 20 Disqualification from being local commissioner
- 21 Vacation of office
Division 3 - Functions and powers of commissioner
- 22 Commissioner’s functions
- 23 Commissioner’s powers
- 24 Delegation by commissioner
- 25 When deputy commissioner to act as commissioner
Division 4 - Miscellaneous
- 26 Independence of commission and commission member
- 27 Report about person’s criminal history or domestic violence history
- 28 Information about child safety
- 29 Requirement to disclose changes in criminal history or domestic violence history
- 30 Commission is a statutory body
- 31 Commission is not a tribunal under Ombudsman Act 2001, s 16
PART 3 - THE REGISTRY
- 32 Establishment of registry
- 33 Registry staff
- 34 Eligibility for appointment as registrar
- 35 Registrar’s functions
- 36 Registrar’s powers
- 37 Delegation by registrar
- 38 Function of local registry coordinators
- 39 When staff of registry are subject to direction of commissioner
PART 4 - AGENCY NOTICES
Division 1 - Requirements about giving agency notices
- 40 Notice about school attendance
- 41 Notice about school enrolment
- 42 Notice about child safety and welfare matters
- 43 Court advice notices
- 44 Notice about residential tenancy agreement
Division 2 - Miscellaneous
- 45 Entity not under obligation to investigate particular matters
PART 5 - COMMISSION’S CONFERENCES ABOUT AGENCY NOTICES
Division 1 - Preliminary
- 46 Purpose of conference
- 47 Commissioner’s decision to hold conference
- 48 Matters commissioner or commission may have regard to in considering whether a person is a community member
Division 2 - Jurisdiction and operation
- 49 Holding conferences
- 50 Constitution of commission for conference generally
- 50A Constitution of commission for particular conference
- 50B Commissioner must monitor particular decisions
- 51 Nomination and appointment of local commissioners for conference
- 52 Disclosure of interests
- 53 Reconstituting commission for conferences generally
- 53A Reconstituting commission for particular conferences
- 54 Representation at conference
- 55 Conference privileged
Division 3 - Conference procedures
- 56 Procedure generally
- 57 Time and place of conference
- 58 When commission must hold conference
- 59 Conference not limited to particular agency notice
- 60 Participation in conference
- 61 Notice of conference
- 62 Obtaining views of persons not attending conference
- 63 Particular matters about conduct of conference
- 64 Adjournment of conference
- 65 Rescheduling conference
- 66 Commission may proceed in absence of person
- 67 Record of conference
PART 6 - COMMISSION’S DECISIONS AT CONFERENCES
Division 1 - Decisions
Division 2 - Notice of decisions
- 70 Notice of decision
Division 3 - Criteria for making decisions
- 71 Matters commission has regard to in making particular decisions
- 72 Matters commission has regard to in making decision about child safety notice
Division 4 - Other matters
- 73 Notice about requirement to attend community support service
- 74 Notice to secretary
- 75 Revocation of notice to secretary
PART 7 - PROVISIONS ABOUT CASE PLANS
Division 1 - Case plans
Subdivision 1 - Preliminary- 76 Meaning of case plan Subdivision 2 - Particular provisions about case plans
- 77 Recording of case plan
- 78 Preparation and endorsement of particular case plans
- 79 Commissioner may ask registrar to amend compulsory case plan
- 80 Registrar to give copy of, and explain, compulsory case plan
Division 2 - Noncompliance with case plans
- 81 Definitions for div 2
- 82 Show cause notice
- 83 How oral representations may be made
- 84 Commission to consider oral representations
- 85 Constitution of commission for show cause process
- 86 Ending show cause process without taking proposed action
- 87 Commission may decide to take proposed action
- 88 Limitation on increasing period of income management
- 89 Notice to secretary
PART 8 - INFORMATION EXCHANGE
Division 1 - Preliminary
- 90 Definitions for pt 8
- 91 What is relevant information
Division 2 - Particular provisions about information exchange
- 92 Commissioner may give information to particular entities
- 93 Information requirement made by commissioner
- 94 Education chief executive may give particular information
- 95 Giving of information protected
- 96 Interaction with other laws
PART 9 - AMENDING OR ENDING FAMILY RESPONSIBILITIES AGREEMENTS OR ORDERS
Division 1 - Applications
- 97 Application to amend or end family responsibilities agreement or order
Division 2 - Commissioner may dismiss particular applications
- 97A Frivolous or vexatious applications
Division 3 - Hearing and deciding applications
- 98 Constitution of commission
- 99 Decision about application
- 100 Inquiry about application
- 101 Failure to decide application
- 102 Notice to secretary
- 103 Limitation on increasing period of income management
- 104 Amendment of case plan
PART 10 - VOLUNTARY REFERRALS TO COMMISSION
- 105 Purpose of pt 10
- 106 Asking for referral to community support services or income management
- 107 Responding to request about referral to community support service
- 108 Responding to request about referral to income management
- 109 Amendment or ending of voluntary agreement
PART 11 - APPEALS
- 110 Who may appeal
- 111 Starting appeal
- 112 Court can not stay decision
- 113 Hearing procedures
- 114 Court’s powers on appeal
- 115 Appeal to District Court
PART 12 - FAMILY RESPONSIBILITIES BOARD
Division 1 - Establishment and functions
Division 2 - Membership
- 118 Membership of board
- 119 Term of appointment
- 120 Conditions of appointment
- 121 Vacation of office
Division 3 - Business of board
Division 4 - Miscellaneous
- 124 Commission or commission member not subject to direction by board
PART 13 - PARTICULAR OFFENCES AND LEGAL PROCEEDINGS
Division 1 - Offences
- 125 False or misleading statements
- 126 False or misleading documents
- 127 Retaliation against official or official’s family
- 128 Reprisal and grounds for reprisal
- 129 Offence of taking reprisal
- 130 Damages entitlement for reprisal
- 131 Offence to disrupt conference or other proceeding
- 132 Summary offences
- 133 Limitation on time for starting summary offence
- 134 Allegations of false or misleading information or document
Division 2 - Evidentiary provisions
PART 14 - OTHER MATTERS
Division 1 - General matters about commission’s operations
- 138 Commission’s notices to secretary
- 139 Decision-making by commission
- 140 Constitution of commission in particular circumstances
- 141 Commissioner to destroy particular documents
- 142 Registrar to give notice of decisions
- 143 Annual report on operation of commission
- 144 Other reports
- 145 Commission guidelines
- 146 Commissioner may ask registrar to amend case plan—change of address
Division 2 - Miscellaneous
- 147 Preservation of confidentiality
- 148 Protecting officials from liability
- 149 Magistrate appointed as commissioner
- 150 Approved forms
- 151 Regulation-making power 152. (Repealed)