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FAMILY RESPONSIBILITIES COMMISSION ACT 2008 - As at 1 February 2024 - Act 9 of 2008

- As at 1 February 2024 - Act 9 of 2008

Table of Provisions

PART 1 - PRELIMINARY

Division 1 - Introduction

  • 1 Short title
  • 2 Commencement
  • 3 Act binds all persons

Division 2 - Objects and principles of Act

  • 4 Main objects
  • 5 Principles for administering Act

Division 3 - Interpretation

PART 2 - THE FAMILY RESPONSIBILITIES COMMISSION

Division 1 - Establishment, functions and powers of commission

  • 9 Establishment of commission
  • 10 Commission’s functions
  • 11 Commission’s powers

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

  • 68 Decision to enter into agreement
  • 69 Other 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

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

  • 116 Establishment of Family Responsibilities Board
  • 117 Board’s 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

  • 122 Conduct of business
  • 123 Board meetings

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

  • 135 Appointments and authority
  • 136 Signatures
  • 137 Other evidentiary aids

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)

PART 15 - TRANSITIONAL PROVISIONS

  • 153 Commission’s first annual report
  • 154 Commission’s first quarterly report
  • 155. (Repealed) 156. (Repealed)
  • 157 Transitional provision for Justice and Other Legislation Amendment Act 2010
  • 158 Transitional provision for Family Responsibilities Commission Amendment Act 2013

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