CHILD DEATH REVIEW LEGISLATION AMENDMENT ACT 2020 - SECT 23 Insertion of new pt 3A

CHILD DEATH REVIEW LEGISLATION AMENDMENT ACT 2020 - SECT 23

23 Insertion of new pt 3A

After part 3 —

insert—

Part 3A - Child Death Review Board

Division 1 - Preliminary

29A Purposes of board’s reviews

(1) This part establishes the Child Death Review Board to carry out systems reviews following child deaths connected to the child protection system.

(2) The reviews consider matters relating to the provision of services to, and other interactions with, children and their families by government and non-government entities.

(3) The reviews do not include an investigation of the death of any particular child.

(4) The purposes of the reviews are—

(a) to identify opportunities for continuous improvement in systems, legislation, policies and practices; and

(b) to identify preventative mechanisms to help protect children and prevent deaths that may be avoidable.

29B Child deaths connected to the child protection system For this part, a child death is
"connected to the child protection system" if it is a child death in relation to which an internal agency review was carried out under the Child Protection Act 1999 , chapter 7A.

Division 2 - Establishment, functions and powers

29C Establishment The Child Death Review Board is established.

29D Functions The board has the following functions—

(a) to carry out reviews relating to the child protection system following child deaths connected to the system;

(b) to analyse data, and apply research, to identify patterns, trends and risk factors relevant to reviews under paragraph (a);

(c) to carry out, or engage persons to carry out, research relevant to reviews under paragraph (a);

(d) to make recommendations about—

(i) improvements to systems, policies and practices for implementation by government and non-government entities that provide services to, or otherwise interact with, children and their families; and

(ii) legislative change;

(e) to monitor the implementation of its recommendations.

29E Powers

(1) The board may do all things necessary or convenient to be done for or in connection with the performance of its functions.

(2) Without limiting subsection (1), the board may engage appropriately qualified persons to—

(a) conduct research relevant to the board’s functions; or

(b) provide legal advice relevant to the board’s functions; or

(c) prepare reports to help the board perform its functions.

29F Board must act independently and in the public interest

(1) In performing its functions, the board must act independently and in the public interest.

(2) Without limiting subsection (1)—

(a) the board is not subject to direction by the Minister or anyone else about how it performs its functions; and

(b) despite section 22, a commissioner is not subject to direction by the Minister in performing the commissioner’s functions as the board’s chairperson or other board member.

Note—

See, however, section 29I under which the Minister may ask the board to carry out a stated review or to consider a stated system or issue as part of a review.

29G Board to coordinate with other entities In performing its functions, the board must—

(a) avoid unnecessary duplication of the processes carried out in other entities; and

(b) to the extent it considers appropriate, coordinate its reviews and the reviews carried out by other entities.

Division 3 - Conduct of reviews

29H Board may carry out reviews

(1) The board may carry out reviews for the purposes stated in section 29A.

(2) The board must decide the extent of, and terms of reference for, each review.

(3) The board may, for example, decide to review an issue, about a particular system, arising from internal agency reviews.

Note—

Under the Child Protection Act 1999 , section 245O, the board receives the reports prepared for internal agency reviews following child deaths.

(4) Matters that the board may consider in a review include the following—

(a) the effectiveness of, or interaction between—

(i) services that were provided to a child or a child’s family before the child’s death; or

(ii) services provided to children or families that could have been, but were not, provided to a child or a child’s family before the child’s death;

(b) issues relating to practices or systems that may expose children to risk;

(c) ways of improving practices or systems relating to identifying or responding to risks;

(d) ways of improving communication and collaboration between service providers.

(5) The terms of reference for a review must not include considering whether disciplinary action should be taken against any person.

29I Minister may ask board to carry out review

(1) In exceptional circumstances, the Minister may ask the board to carry out a stated review, or to consider a stated system or issue as part of a review, if the Minister considers it would be appropriate, having regard to the purposes stated in section 29A.

(2) The matters to which a request relates may include matters relating to the child protection system other than child deaths connected to the system.

Example—

A request may relate to an issue arising from the serious physical injury of a child, or from a child death not connected to the child protection system, if the injury or death is relevant to the child protection system.

(3) The board must comply with the Minister’s request.

(4) The board must—

(a) for a request to carry out a review—decide the extent of, and terms of reference for, the review; and

(b) after completing the review that was requested or to which the request relates—

(i) advise the Minister of the outcomes; and

(ii) if appropriate, include the outcomes in a report under section 29J or 29K.

(5) This section applies despite section 29F.

Division 4 - Reporting

29J Annual reports

(1) By 31 October after the end of each financial year, the board must give the Minister a report of its operations during the financial year.

(2) The report may include—

(a) recommendations made under section 29D(d); and

(b) information about the progress made by government or non-government entities in the implementation of previous recommendations of the board.

(3) Within 14 sitting days after receiving the report, the Minister must table a copy in the Legislative Assembly.

29K Other reports

(1) At any time, the board may prepare a report about the outcomes of a review or another matter arising from the performance of its functions.

(2) The board may give a report to the Minister and, if so, must also give the Minister a recommendation about whether the report should be tabled in the Legislative Assembly.

(3) In deciding whether to table a report in the Legislative Assembly, the Minister must have regard to whether it includes—

(a) personal information about an individual; or

(b) information that may prejudice the investigation of a contravention or possible contravention of the law; or

(c) anything else relevant to whether tabling the report would be in the public interest.

(4) If a report includes a matter mentioned in subsection (3)(a) or (b), or a recommendation made under section 29D(d), the board must not publish the report to the public unless the Minister has tabled the report.

(5) If a matter in a report is relevant to the functions of a relevant agency, the board may give a copy of the report to the chief executive of the agency.

(6) In this section—


"personal information" see the Information Privacy Act 2009 , section 12.

29L Consultation before including particular information in reports

(1) The board must not include in a report under section 29J or 29K any adverse information about an entity identifiable from the report unless the entity has been given a copy of the information and is allowed a reasonable opportunity to make a submission about it.

(2) If an entity makes a submission under subsection (1), the board—

(a) must have regard to the submission before finalising the report; and

(b) must not include the information in the report unless the board also includes the entity’s submission, or a fair summary of it, in the report.

(3) If the board proposes to recommend in a report that a particular entity take particular action, the board must consult with the entity, and any other entities likely to be affected, about the recommendation before finalising the report.

(4) In this section—


"information" includes comment.

29M Board may respond to internal agency review reports

(1) The board may provide comments and information to an agency head or the litigation director in response to a report received under the Child Protection Act 1999 , section 245O.

(2) The board must not include the comments or information in a report under section 29J or 29K or another document published to the public.

Division 5 - Information sharing and protection from liability

29N Definitions for div 5 In this division—


"chairperson" means the chairperson of the board.


"information" includes a document.

29O Underlying principle It is a principle underlying this part that public entities should give information requested by the chairperson for the purpose of the board’s functions—

(a) in a timely way; and

(b) to the extent that is appropriate, having regard to—

(i) the relevance of the information to the board’s functions; and

(ii) the effect of giving the information on the safety, wellbeing and best interests of children.

29P Information may be given to chairperson

(1) The chairperson may ask any entity for stated information for the purpose of the board’s functions.

(2) Any entity may give confidential information to the chairperson for the purpose of the board’s functions, whether or not the chairperson has requested the information.

Examples of entities that may give information—

• a public entity

• a non-government agency that provides a service to children or families

• a private hospital

• a medical practitioner

• the principal of a school

• the approved provider of an education and care service

29Q Chairperson may disclose confidential information

(1) The chairperson may disclose confidential information to an entity for the performance of the board’s functions under this part, including for the purpose of—

(a) obtaining information the chairperson requests under section 29P(1); or

(b) performing the board’s functions in the way stated in section 29G.

(2) This section does not limit section 36(3).

29R Information sharing arrangements The chairperson may enter into an arrangement with the commission, the State Coroner, the Domestic and Family Violence Death Review and Advisory Board or another entity about sharing or exchanging information under this part.

Example—

The chairperson may enter into an information sharing arrangement with the State Coroner that includes arrangements for obtaining investigation documents under the Coroners Act 2003 , section 54.

29S Interaction with other laws

(1) This part does not limit a power or obligation under another Act or law to give information.

(2) Information may be given under this part despite any other law that would otherwise prohibit or restrict the giving of the information.

(3) However, if a person may claim privilege in relation to information under another Act or law, the privilege is not affected only because the information may be, or is, disclosed under this part.

29T Protection from liability for giving information

(1) This section applies if a person, acting honestly, gives information under this part.

(2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.

(3) Also, merely because the person gives the information, the person cannot be held to have—

(a) breached any code of professional etiquette or ethics; or

(b) departed from accepted standards of professional conduct.

(4) Without limiting subsections (2) and (3)—

(a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and

(b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—

(i) does not contravene the Act, oath or rule of law or practice by giving the information; and

(ii) is not liable to disciplinary action for giving the information.

29U No liability for defamation if report made in good faith It is a lawful excuse for the publication of a defamatory statement made in a report under this part that the publication is made in good faith and is, or purports to be, made for this Act.

Division 6 - Membership of board

29V Composition of board The board consists of the chairperson and not more than 11 other members appointed by the Minister.

29W Chairperson

(1) The Minister must appoint the principal commissioner or another commissioner as the chairperson.

(2) The chairperson is responsible for leading the board, and directing its activities, to ensure it appropriately performs its functions.

(3) The chairperson holds office for the term stated in the person’s instrument of appointment as chairperson.

(4) A person ceases to be chairperson if the person—

(a) resigns office as chairperson by signed notice given to the Minister; or

(b) ceases to be a commissioner.

29X Other members

(1) This section applies to the board members other than the chairperson.

(2) The Minister may appoint a person as a member of the board if satisfied the person is eligible and suitable for appointment.

(3) A person is eligible for appointment if the person—

(a) has expertise in the field of paediatrics and child health, forensic pathology, mental health, investigations or child protection; or

(b) has expertise in litigation relating to child protection proceedings or proceedings of a similar nature; or

(c) is otherwise, because of the person’s qualifications, experience or membership of an entity, likely to make a valuable contribution to the work of the board.

(4) However, a person is ineligible for appointment if the person—

(a) has a conviction for an indictable offence; or

(b) is an insolvent under administration under the Corporations Act, section 9; or

(c) is a member of the Legislative Assembly.

(5) The Minister must not appoint a person if the person does not consent to a criminal history check before appointment.

(6) Without limiting the matters to which the Minister may have regard in deciding a person’s suitability for appointment, the Minister may have regard to the person’s criminal history.

(7) The Minister must ensure the board’s membership—

(a) reflects the social and cultural diversity of the Queensland community; and

(b) includes at least 1 Aboriginal or Torres Strait Islander person; and

(c) includes persons with a range of experience, knowledge or skills relevant to the board’s functions; and

(d) does not include a majority of persons who are public service employees.

29Y Deputy chairperson

(1) The Minister may appoint a board member to be the deputy chairperson.

(2) If the chairperson is not an Aboriginal or Torres Strait Islander person, the Minister must appoint a board member who is an Aboriginal or Torres Strait Islander person as deputy chairperson.

(3) The Minister may not appoint a board member who is a commissioner as deputy chairperson.

(4) A person may be appointed as a board member and deputy chairperson at the same time.

(5) A person ceases to be deputy chairperson if the person—

(a) resigns office as deputy chairperson by signed notice given to the Minister; or

(b) ceases to be a board member.

(6) The deputy chairperson is to act as chairperson—

(a) during a vacancy in the office of chairperson; and

(b) during all periods when the chairperson is absent or cannot perform the functions of the office.

29Z Conditions of appointment

(1) A board member is to be paid the remuneration and allowances decided by the Minister.

(2) A board member who is a State employee is not entitled to be paid remuneration for holding office as a member.

(3) For matters not provided for by this Act, a board member holds office on the terms and conditions decided by the Minister.

29ZA Term of appointment

(1) A board member is appointed for the term, of not more than 3 years, stated in the member’s instrument of appointment.

(2) A board member may be reappointed.

29ZB Vacation of office

(1) The office of a board member becomes vacant if—

(a) the member—

(i) completes the member’s term of office and is not reappointed; or

(ii) resigns from office by signed notice given to the Minister; or

(iii) becomes ineligible for appointment under section 29X(4); or

(b) the Minister ends the member’s appointment under subsection (2).

(2) The Minister may, by signed notice given to a board member, terminate the member’s appointment if—

(a) the member is absent from 3 consecutive meetings of the board without the board’s permission and without reasonable excuse; or

(b) the Minister is satisfied the member is incapable of satisfactorily performing the member’s functions.

29ZC Criminal history reports

(1) This section applies in relation to—

(a) a person who has consented to a criminal history check for the purpose of the person’s appointment as a board member; and

(b) a board member.

(2) The Minister may ask the police commissioner for—

(a) the person’s criminal history; and

(b) a brief description of the circumstances of a conviction or charge mentioned in the person’s criminal history.

(3) The police commissioner must comply with the request in relation to information in the police commissioner’s possession or to which the police commissioner has access.

(4) The Minister must destroy a report given to the Minister under this section as soon as practicable after it is no longer needed for the purpose for which it was requested.

29ZD Members must disclose new convictions

(1) This section applies if a person is convicted of an indictable offence during the term of the person’s appointment as a board member.

(2) The person must immediately give notice of the conviction to the Minister under this section, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—100 penalty units.

(3) The notice must include—

(a) the existence of the conviction; and

(b) when the offence was committed; and

(c) details adequate to identify the offence; and

(d) the sentence imposed on the person.

Division 7 - Proceedings of the board

29ZE Time and place of meetings

(1) The board may hold its meetings when and where it decides.

(2) The chairperson—

(a) may call a meeting at any time; and

(b) must call a meeting if asked by at least 3 other members.

29ZF Quorum A quorum for a meeting is at least half of the board members, including at least 1 member who is an Aboriginal or Torres Strait Islander person.

29ZG Presiding at meetings

(1) The chairperson is to preside at all meetings at which the chairperson is present.

(2) If the chairperson is not present at a meeting, the deputy chairperson is to preside.

(3) If neither the chairperson nor the deputy chairperson is present at a meeting, the board member chosen by the members present is to preside.

29ZH Conduct of meetings

(1) Subject to this division, the board may conduct its proceedings, including its meetings, as it considers appropriate.

(2) The board may hold meetings, or allow board members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.

(3) A board member who takes part in a meeting under subsection (2) is taken to be present at the meeting.

(4) A question at a meeting is to be decided by a majority of the votes of the board members present at the meeting.

(5) If the votes are equal, the board member presiding has a casting vote.

(6) A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if—

(a) at least half of the board members give written agreement to the resolution; and

(b) notice of the resolution is given under procedures approved by the board.

(7) The board may invite persons other than board members to attend a meeting to advise or inform the board about any matter.

29ZI Minutes and other records The board must keep—

(a) minutes of its meetings; and

(b) a record of its decisions and resolutions.

29ZJ Disclosure of interests

(1) This section applies if—

(a) a board member has a direct or indirect interest in a matter being considered, or about to be considered, at a meeting; and

(b) the interest could conflict with the proper performance of the member’s duties about the consideration of the matter.

(2) As soon as practicable after the relevant facts come to the board member’s knowledge, the member must disclose the nature of the interest at a meeting.

(3) Particulars of the disclosure must be recorded by the board in a register of interests kept for the purpose.

(4) Unless the board otherwise directs, the board member must not—

(a) be present when the board considers the matter; or

(b) take part in a decision of the board about the matter.

(5) The board member must not be present when the board is considering whether to give a direction under subsection (4).

(6) A contravention of this section does not invalidate a decision of the board.

(7) However, if the board becomes aware the board member contravened this section, the board must reconsider a decision made by the board in which the member took part in contravention of this section.

29ZK Attendance by proxy

(1) A board member may attend a meeting of the board by proxy.

(2) The proxy holder—

(a) may participate in the meeting, but not vote, on the board member’s behalf; and

(b) is not entitled to preside at the meeting only because the person is the proxy holder for the chairperson or deputy chairperson; and

(c) is not counted for the purpose of deciding whether a quorum is present under section 29ZF.

(3) For section 29ZB(2)(a), an absent board member is not taken to have attended a meeting only because a proxy holder for the member attended the meeting.