{"id":"qld:act-2014-027","name":"Family and Child Commission Act 2014","slug":"family-and-child-commission-act-2014","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"27 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29699,"registerId":"qld-act-2014-027-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Family and Child Commission Act 2014 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on 1 July 2014.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.3-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.3-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Object of Act","content":"## Object of Act","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Object","content":"### sec.4 Object\n\nThe object of this Act is to establish the Queensland Family and Child Commission—\nto promote the safety, wellbeing and best interests of children and young people; and\nto promote and advocate the responsibility of families and communities to protect and care for children and young people; and\nto improve the child protection system.\n- (a) to promote the safety, wellbeing and best interests of children and young people; and\n- (b) to promote and advocate the responsibility of families and communities to protect and care for children and young people; and\n- (c) to improve the child protection system.","sortOrder":6},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 5 amd 2014 No. 27 s 52 sch 1 pt 1","sortOrder":8},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland Family and Child Commission","content":"# Queensland Family and Child Commission","sortOrder":9},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":10},{"sectionNumber":"sec.6","sectionType":"section","heading":"Establishment of commission","content":"### sec.6 Establishment of commission\n\nThe Queensland Family and Child Commission is established.\nThe commission consists of the commissioners and the staff of the commission.\n(sec.6-ssec.1) The Queensland Family and Child Commission is established.\n(sec.6-ssec.2) The commission consists of the commissioners and the staff of the commission.","sortOrder":11},{"sectionNumber":"sec.7","sectionType":"section","heading":"Commission represents the State","content":"### sec.7 Commission represents the State\n\nThe commission represents the State.\nWithout limiting subsection (1) , the commission has the status, privileges and immunities of the State.\n(sec.7-ssec.1) The commission represents the State.\n(sec.7-ssec.2) Without limiting subsection (1) , the commission has the status, privileges and immunities of the State.","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application of other Acts","content":"### sec.8 Application of other Acts\n\nThe commission is—\na unit of public administration under the Crime and Corruption Act 2001 ; and\na statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the commission’s powers.\n(sec.8-ssec.1) The commission is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.8-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the commission’s powers.\n- (a) a unit of public administration under the Crime and Corruption Act 2001 ; and\n- (b) a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":13},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Commission’s functions","content":"### sec.9 Commission’s functions\n\nThe commission has the following functions for the purposes of promoting the safety, wellbeing and best interests of children and young people and improving the child protection system—\nto provide oversight of the child protection system;\nto promote and advocate—\nthe responsibility of families and communities to protect and care for children and young people; and\nthe safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system;\nto develop and review workforce planning and development strategies for the child protection system by collaborating with relevant agencies, the private sector and education providers;\nto inform and educate the community about—\nservices available to strengthen and support families; and\nthe way in which the child protection system operates; and\nresearch relevant to the child protection system;\nto develop and coordinate a multidisciplinary research program to inform policies and practices, in consultation with stakeholders and relevant agencies;\nto assist relevant agencies evaluate the efficacy of their programs and identify the most effective service models;\nto provide leadership and give expert advice to relevant agencies about laws, policies, practices and services;\nto increase collaboration and build capacity across different sectors to improve the delivery of services to children, young people and families;\nto analyse and evaluate, at a systemic level, policies and practices relevant to the child protection system and the performance of relevant agencies in delivering services;\nto report to the Minister about matters relating to a function mentioned in paragraphs (a) to (i) ;\nto perform a function incidental to a function mentioned in paragraphs (a) to (i) .\nAlso, the commission has the functions given to it under the Child Safe Organisations Act 2024 or another Act.\nHowever, it is not a function of the commission under this Act to investigate the circumstances of a particular child, young person or family or to advocate on their behalf.\nIn performing its functions under this Act and the Child Safe Organisations Act 2024 , the commission must avoid unnecessary duplication of the board’s performance of its functions under part 3A .\ns 9 amd 2020 No. 2 s 16 ; 2024 No. 49 s 120\n(sec.9-ssec.1) The commission has the following functions for the purposes of promoting the safety, wellbeing and best interests of children and young people and improving the child protection system— to provide oversight of the child protection system; to promote and advocate— the responsibility of families and communities to protect and care for children and young people; and the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system; to develop and review workforce planning and development strategies for the child protection system by collaborating with relevant agencies, the private sector and education providers; to inform and educate the community about— services available to strengthen and support families; and the way in which the child protection system operates; and research relevant to the child protection system; to develop and coordinate a multidisciplinary research program to inform policies and practices, in consultation with stakeholders and relevant agencies; to assist relevant agencies evaluate the efficacy of their programs and identify the most effective service models; to provide leadership and give expert advice to relevant agencies about laws, policies, practices and services; to increase collaboration and build capacity across different sectors to improve the delivery of services to children, young people and families; to analyse and evaluate, at a systemic level, policies and practices relevant to the child protection system and the performance of relevant agencies in delivering services; to report to the Minister about matters relating to a function mentioned in paragraphs (a) to (i) ; to perform a function incidental to a function mentioned in paragraphs (a) to (i) .\n(sec.9-ssec.1A) Also, the commission has the functions given to it under the Child Safe Organisations Act 2024 or another Act.\n(sec.9-ssec.2) However, it is not a function of the commission under this Act to investigate the circumstances of a particular child, young person or family or to advocate on their behalf.\n(sec.9-ssec.3) In performing its functions under this Act and the Child Safe Organisations Act 2024 , the commission must avoid unnecessary duplication of the board’s performance of its functions under part 3A .\n- (a) to provide oversight of the child protection system;\n- (b) to promote and advocate— (i) the responsibility of families and communities to protect and care for children and young people; and (ii) the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system;\n- (i) the responsibility of families and communities to protect and care for children and young people; and\n- (ii) the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system;\n- (c) to develop and review workforce planning and development strategies for the child protection system by collaborating with relevant agencies, the private sector and education providers;\n- (d) to inform and educate the community about— (i) services available to strengthen and support families; and (ii) the way in which the child protection system operates; and (iii) research relevant to the child protection system;\n- (i) services available to strengthen and support families; and\n- (ii) the way in which the child protection system operates; and\n- (iii) research relevant to the child protection system;\n- (e) to develop and coordinate a multidisciplinary research program to inform policies and practices, in consultation with stakeholders and relevant agencies;\n- (f) to assist relevant agencies evaluate the efficacy of their programs and identify the most effective service models;\n- (g) to provide leadership and give expert advice to relevant agencies about laws, policies, practices and services;\n- (h) to increase collaboration and build capacity across different sectors to improve the delivery of services to children, young people and families;\n- (i) to analyse and evaluate, at a systemic level, policies and practices relevant to the child protection system and the performance of relevant agencies in delivering services;\n- (j) to report to the Minister about matters relating to a function mentioned in paragraphs (a) to (i) ;\n- (k) to perform a function incidental to a function mentioned in paragraphs (a) to (i) .\n- (i) the responsibility of families and communities to protect and care for children and young people; and\n- (ii) the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system;\n- (i) services available to strengthen and support families; and\n- (ii) the way in which the child protection system operates; and\n- (iii) research relevant to the child protection system;","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Commission’s powers","content":"### sec.10 Commission’s powers\n\nThe commission has all the powers of an individual, and may, for example—\nenter into contracts; and\nacquire, hold, deal with and dispose of property; and\nappoint agents and attorneys; and\nengage consultants or contractors; and\ndo anything else necessary or convenient to be done in the performance of its functions.\nWithout limiting subsection (1) , the commission has the powers given to it under this Act or another Act.\n(sec.10-ssec.1) The commission has all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and engage consultants or contractors; and do anything else necessary or convenient to be done in the performance of its functions.\n(sec.10-ssec.2) Without limiting subsection (1) , the commission has the powers given to it under this Act or another Act.\n- (a) enter into contracts; and\n- (b) acquire, hold, deal with and dispose of property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants or contractors; and\n- (e) do anything else necessary or convenient to be done in the performance of its functions.","sortOrder":16},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Commissioners","content":"## Commissioners","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Appointment of commissioners","content":"### sec.11 Appointment of commissioners\n\nThere are to be 2 commissioners for the commission.\nEach commissioner is appointed by the Governor in Council on the recommendation of the Minister.\nOne of the commissioners is to be appointed as the principal commissioner.\nThe Minister may recommend a person for appointment only if the Minister is satisfied the person is appropriately qualified to exercise the commission’s functions effectively and efficiently.\nAlso, at least 1 person recommended by the Minister for appointment as a commissioner must be an Aboriginal person or a Torres Strait Islander.\n(sec.11-ssec.1) There are to be 2 commissioners for the commission.\n(sec.11-ssec.2) Each commissioner is appointed by the Governor in Council on the recommendation of the Minister.\n(sec.11-ssec.3) One of the commissioners is to be appointed as the principal commissioner.\n(sec.11-ssec.4) The Minister may recommend a person for appointment only if the Minister is satisfied the person is appropriately qualified to exercise the commission’s functions effectively and efficiently.\n(sec.11-ssec.5) Also, at least 1 person recommended by the Minister for appointment as a commissioner must be an Aboriginal person or a Torres Strait Islander.","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Commissioners employed under this Act","content":"### sec.12 Commissioners employed under this Act\n\nA commissioner is employed under this Act and not under the Public Sector Act 2022 .\ns 12 amd 2022 No. 34 s 365 sch 3","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Term of office","content":"### sec.13 Term of office\n\nSubject to this subdivision, a commissioner holds office for the term, stated in the commissioner’s instrument of appointment, of not more than 3 years.","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Conditions of appointment","content":"### sec.14 Conditions of appointment\n\nA commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\nA commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.14-ssec.1) A commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.14-ssec.2) A commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Vacancy in office","content":"### sec.15 Vacancy in office\n\nThe office of a commissioner becomes vacant—\nif the commissioner—\nresigns office by signed notice to the Minister giving at least 1 month’s notice; or\nis convicted of an indictable offence; or\nis a person who is an insolvent under administration; or\nis removed from office by the Governor in Council under subsection (2) ; or\nif the commissioner is suspended by the Minister under subsection (4) —during the period of the suspension.\nThe Governor in Council may, at any time, remove a commissioner from office on the recommendation of the Minister.\nThe Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner—\nhas been guilty of misconduct; or\nis incapable of performing his or her duties; or\nhas neglected his or her duties or performed them incompetently.\nThe Minister may suspend the commissioner for up to 60 days by signed notice to the commissioner if—\nthere is an allegation of misconduct against the commissioner; or\nthe Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.\ns 15 amd 2023 No. 23 s 247 sch 1 s 2 (2)\n(sec.15-ssec.1) The office of a commissioner becomes vacant— if the commissioner— resigns office by signed notice to the Minister giving at least 1 month’s notice; or is convicted of an indictable offence; or is a person who is an insolvent under administration; or is removed from office by the Governor in Council under subsection (2) ; or if the commissioner is suspended by the Minister under subsection (4) —during the period of the suspension.\n(sec.15-ssec.2) The Governor in Council may, at any time, remove a commissioner from office on the recommendation of the Minister.\n(sec.15-ssec.3) The Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner— has been guilty of misconduct; or is incapable of performing his or her duties; or has neglected his or her duties or performed them incompetently.\n(sec.15-ssec.4) The Minister may suspend the commissioner for up to 60 days by signed notice to the commissioner if— there is an allegation of misconduct against the commissioner; or the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.\n- (a) if the commissioner— (i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or (ii) is convicted of an indictable offence; or (iii) is a person who is an insolvent under administration; or (iv) is removed from office by the Governor in Council under subsection (2) ; or\n- (i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or\n- (ii) is convicted of an indictable offence; or\n- (iii) is a person who is an insolvent under administration; or\n- (iv) is removed from office by the Governor in Council under subsection (2) ; or\n- (b) if the commissioner is suspended by the Minister under subsection (4) —during the period of the suspension.\n- (i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or\n- (ii) is convicted of an indictable offence; or\n- (iii) is a person who is an insolvent under administration; or\n- (iv) is removed from office by the Governor in Council under subsection (2) ; or\n- (a) has been guilty of misconduct; or\n- (b) is incapable of performing his or her duties; or\n- (c) has neglected his or her duties or performed them incompetently.\n- (a) there is an allegation of misconduct against the commissioner; or\n- (b) the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Preservation of rights of commissioner","content":"### sec.16 Preservation of rights of commissioner\n\nThis section applies if a person who is a public service officer is appointed as a commissioner.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.\nAt the end of the person’s term of office or resignation as a commissioner, the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\n(sec.16-ssec.1) This section applies if a person who is a public service officer is appointed as a commissioner.\n(sec.16-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.\n(sec.16-ssec.3) At the end of the person’s term of office or resignation as a commissioner, the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Acting commissioner","content":"### sec.17 Acting commissioner\n\nThe Minister may appoint a person to act in the office of a commissioner during—\na vacancy in the office of a commissioner; or\nany period, or all periods, when a commissioner is absent from duty, or can not, for another reason, perform the functions of the office.\nA person can not be appointed to act as a commissioner unless the Minister could recommend the person for appointment as a commissioner under section 11 .\nTo remove any doubt, it is declared that the Minister may appoint—\n1 of the commissioners to act in the office of the other commissioner; and\nanother person to act in the office of a commissioner.\n(sec.17-ssec.1) The Minister may appoint a person to act in the office of a commissioner during— a vacancy in the office of a commissioner; or any period, or all periods, when a commissioner is absent from duty, or can not, for another reason, perform the functions of the office.\n(sec.17-ssec.2) A person can not be appointed to act as a commissioner unless the Minister could recommend the person for appointment as a commissioner under section 11 .\n(sec.17-ssec.3) To remove any doubt, it is declared that the Minister may appoint— 1 of the commissioners to act in the office of the other commissioner; and another person to act in the office of a commissioner.\n- (a) a vacancy in the office of a commissioner; or\n- (b) any period, or all periods, when a commissioner is absent from duty, or can not, for another reason, perform the functions of the office.\n- (a) 1 of the commissioners to act in the office of the other commissioner; and\n- (b) another person to act in the office of a commissioner.","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Functions of commissioners","content":"### sec.18 Functions of commissioners\n\nThe functions of a commissioner are as follows—\nto ensure the commission performs its functions under this Act and the Child Safe Organisations Act 2024 effectively and efficiently;\nto make recommendations to the Minister about any matter that—\nrelates to the performance or exercise of the functions or powers of the commission or a commissioner; and\nmay help the Minister in the proper administration of this Act;\nto perform any other function given to a commissioner under this Act or another Act.\ns 18 amd 2024 No. 49 s 121\n- (a) to ensure the commission performs its functions under this Act and the Child Safe Organisations Act 2024 effectively and efficiently;\n- (b) to make recommendations to the Minister about any matter that— (i) relates to the performance or exercise of the functions or powers of the commission or a commissioner; and (ii) may help the Minister in the proper administration of this Act;\n- (i) relates to the performance or exercise of the functions or powers of the commission or a commissioner; and\n- (ii) may help the Minister in the proper administration of this Act;\n- (c) to perform any other function given to a commissioner under this Act or another Act.\n- (i) relates to the performance or exercise of the functions or powers of the commission or a commissioner; and\n- (ii) may help the Minister in the proper administration of this Act;","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Principal commissioner to control commission","content":"### sec.19 Principal commissioner to control commission\n\nAn additional function of the principal commissioner is to control the commission.\ns 19 sub 2020 No. 2 s 17","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Additional functions of commissioner","content":"### sec.20 Additional functions of commissioner\n\nThe functions of the commissioner who is not the principal commissioner also include ensuring the commission adequately and appropriately performs its functions mentioned in section 9 (1) (b) (i) and (c).","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Powers of commissioners","content":"### sec.21 Powers of commissioners\n\nA commissioner may exercise the powers of the commission, and any other powers given to the commissioner, under this Act or another Act.","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Ministerial direction","content":"### sec.22 Ministerial direction\n\nA commissioner is subject to the directions of the Minister in performing the commissioner’s functions under this Act.\nThe commissioner must comply with a direction given by the Minister.\n(sec.22-ssec.1) A commissioner is subject to the directions of the Minister in performing the commissioner’s functions under this Act.\n(sec.22-ssec.2) The commissioner must comply with a direction given by the Minister.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Ways in which commissioners are to perform functions","content":"### sec.23 Ways in which commissioners are to perform functions\n\nIn performing a commissioner’s functions, the commissioner must do the following—\nengage with, and take account of, the views of children, young people and their families;\nensure the interests of Aboriginal people and Torres Strait Islanders are adequately and appropriately represented;\nrespect and promote the role of Aboriginal and Torres Strait Islander service providers in supporting Aboriginal and Torres Strait Islander families and communities to protect and care for their children and young people;\nbe sensitive to the ethnic or cultural identity and values of children, young people and their families;\nconsult with relevant agencies and advocacy entities;\nwork cooperatively with relevant agencies and help build their capacity to meet the needs of children, young people and their families.\nIn this section—\nadvocacy entity means an entity that provides advocacy services for, or otherwise represents—\nparticular children; or\nthe interests of children generally.\n(sec.23-ssec.1) In performing a commissioner’s functions, the commissioner must do the following— engage with, and take account of, the views of children, young people and their families; ensure the interests of Aboriginal people and Torres Strait Islanders are adequately and appropriately represented; respect and promote the role of Aboriginal and Torres Strait Islander service providers in supporting Aboriginal and Torres Strait Islander families and communities to protect and care for their children and young people; be sensitive to the ethnic or cultural identity and values of children, young people and their families; consult with relevant agencies and advocacy entities; work cooperatively with relevant agencies and help build their capacity to meet the needs of children, young people and their families.\n(sec.23-ssec.2) In this section— advocacy entity means an entity that provides advocacy services for, or otherwise represents— particular children; or the interests of children generally.\n- (a) engage with, and take account of, the views of children, young people and their families;\n- (b) ensure the interests of Aboriginal people and Torres Strait Islanders are adequately and appropriately represented;\n- (c) respect and promote the role of Aboriginal and Torres Strait Islander service providers in supporting Aboriginal and Torres Strait Islander families and communities to protect and care for their children and young people;\n- (d) be sensitive to the ethnic or cultural identity and values of children, young people and their families;\n- (e) consult with relevant agencies and advocacy entities;\n- (f) work cooperatively with relevant agencies and help build their capacity to meet the needs of children, young people and their families.\n- (a) particular children; or\n- (b) the interests of children generally.","sortOrder":30},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Other staff","content":"## Other staff","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Commission staff","content":"### sec.24 Commission staff\n\nThe commission may employ the staff it considers appropriate to perform the commission’s functions.\nThe staff are to be employed under the Public Sector Act 2022 .\ns 24 amd 2022 No. 34 s 365 sch 3\n(sec.24-ssec.1) The commission may employ the staff it considers appropriate to perform the commission’s functions.\n(sec.24-ssec.2) The staff are to be employed under the Public Sector Act 2022 .","sortOrder":32},{"sectionNumber":"pt.3","sectionType":"part","heading":"Child death register","content":"# Child death register","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Principal commissioner to keep register","content":"### sec.25 Principal commissioner to keep register\n\nThe principal commissioner must keep a register of information relating to child deaths in Queensland in the way the principal commissioner considers appropriate.\nThe principal commissioner must include on the register information given, under the following sections, to the principal commissioner—\nthe Births, Deaths and Marriages Registration Act 2023 , section 119 or 120 ;\nthe Coroners Act 2003 , section 10A , 45 , 46 or 54A .\nThe principal commissioner may also include on the register information given to the principal commissioner—\nunder the Building Act 1975 , section 245I , to the extent the information relates to a child death; or\nin response to a request made under section 27 .\ns 25 amd 2020 No. 2 s 19 ; 2023 No. 17 s 182 s ch 3 pt 2\n(sec.25-ssec.1) The principal commissioner must keep a register of information relating to child deaths in Queensland in the way the principal commissioner considers appropriate.\n(sec.25-ssec.2) The principal commissioner must include on the register information given, under the following sections, to the principal commissioner— the Births, Deaths and Marriages Registration Act 2023 , section 119 or 120 ; the Coroners Act 2003 , section 10A , 45 , 46 or 54A .\n(sec.25-ssec.3) The principal commissioner may also include on the register information given to the principal commissioner— under the Building Act 1975 , section 245I , to the extent the information relates to a child death; or in response to a request made under section 27 .\n- (a) the Births, Deaths and Marriages Registration Act 2023 , section 119 or 120 ;\n- (b) the Coroners Act 2003 , section 10A , 45 , 46 or 54A .\n- (a) under the Building Act 1975 , section 245I , to the extent the information relates to a child death; or\n- (b) in response to a request made under section 27 .","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Other functions relating to child death register","content":"### sec.26 Other functions relating to child death register\n\nThe principal commissioner also has the following functions to help reduce the likelihood of child deaths—\nin relation to the information about child deaths recorded in the register—\nto classify the deaths according to cause of death, demographic information and other relevant factors; and\nto analyse the information to identify patterns or trends;\nto conduct research, alone or in cooperation with other entities, relevant to the register;\nto identify areas for further research by the commission or other entities;\nto make recommendations, arising from keeping the register and conducting research under this section, about laws, policies, practices and services.\ns 26 amd 2020 No. 2 s 20\n- (a) in relation to the information about child deaths recorded in the register— (i) to classify the deaths according to cause of death, demographic information and other relevant factors; and (ii) to analyse the information to identify patterns or trends;\n- (i) to classify the deaths according to cause of death, demographic information and other relevant factors; and\n- (ii) to analyse the information to identify patterns or trends;\n- (b) to conduct research, alone or in cooperation with other entities, relevant to the register;\n- (c) to identify areas for further research by the commission or other entities;\n- (d) to make recommendations, arising from keeping the register and conducting research under this section, about laws, policies, practices and services.\n- (i) to classify the deaths according to cause of death, demographic information and other relevant factors; and\n- (ii) to analyse the information to identify patterns or trends;","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Requests by principal commissioner for information relevant to child death register","content":"### sec.27 Requests by principal commissioner for information relevant to child death register\n\nSubsection (2) applies if the principal commissioner considers a public entity has information necessary for the performance of the commissioner’s functions under this part.\nThe principal commissioner may, by written notice, ask the public entity to give the information to the commissioner within a stated reasonable time.\nThe public entity must comply with the request unless the entity reasonably considers the disclosure of the information—\nwould prejudice the investigation of a contravention, or possible contravention, of the law; or\nwould prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\nwould endanger a person’s life or physical safety.\nHowever, in complying with the request, the public entity and the principal commissioner must ensure—\nthe information given to the commissioner relates to the commissioner’s functions under this part; and\nto the extent possible, the privacy of any person to whom the information relates is protected from unjustified intrusion.\nIf the public entity refuses to comply with the request, the entity must give written notice to the principal commissioner of its reasons for the refusal.\nThe principal commissioner and a public entity may enter into an arrangement to facilitate the provision of information under this section.\nThe principal commissioner and a public entity may enter into a memorandum of understanding under which the entity gives the principal commissioner access to a database periodically to extract information.\nA public entity may charge a fee for a service under an arrangement under subsection (6) that is not more than the actual cost of the service.\nIn this section—\ninformation includes confidential information.\ns 27 amd 2020 No. 2 s 21\n(sec.27-ssec.1) Subsection (2) applies if the principal commissioner considers a public entity has information necessary for the performance of the commissioner’s functions under this part.\n(sec.27-ssec.2) The principal commissioner may, by written notice, ask the public entity to give the information to the commissioner within a stated reasonable time.\n(sec.27-ssec.3) The public entity must comply with the request unless the entity reasonably considers the disclosure of the information— would prejudice the investigation of a contravention, or possible contravention, of the law; or would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or would endanger a person’s life or physical safety.\n(sec.27-ssec.4) However, in complying with the request, the public entity and the principal commissioner must ensure— the information given to the commissioner relates to the commissioner’s functions under this part; and to the extent possible, the privacy of any person to whom the information relates is protected from unjustified intrusion.\n(sec.27-ssec.5) If the public entity refuses to comply with the request, the entity must give written notice to the principal commissioner of its reasons for the refusal.\n(sec.27-ssec.6) The principal commissioner and a public entity may enter into an arrangement to facilitate the provision of information under this section. The principal commissioner and a public entity may enter into a memorandum of understanding under which the entity gives the principal commissioner access to a database periodically to extract information.\n(sec.27-ssec.7) A public entity may charge a fee for a service under an arrangement under subsection (6) that is not more than the actual cost of the service.\n(sec.27-ssec.8) In this section— information includes confidential information.\n- (a) would prejudice the investigation of a contravention, or possible contravention, of the law; or\n- (b) would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\n- (c) would endanger a person’s life or physical safety.\n- (a) the information given to the commissioner relates to the commissioner’s functions under this part; and\n- (b) to the extent possible, the privacy of any person to whom the information relates is protected from unjustified intrusion.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Access to information in the register for research purposes","content":"### sec.28 Access to information in the register for research purposes\n\nThis section applies if a person wants to access information in the register to undertake research to help reduce the likelihood of child deaths.\nThe person may access the information only with the principal commissioner’s consent.\nThe principal commissioner may consent only if satisfied—\nthe person is a genuine researcher; and\nthe information is reasonably necessary for research mentioned in subsection (1) .\nThe principal commissioner must not give the person access to confidential information unless the commissioner reasonably believes—\nthe confidential information is necessary for the research to be effective; and\nthe opportunity for increased knowledge that may result from the research outweighs the need to protect the privacy of any living or dead person.\nThe principal commissioner may impose the conditions on the consent that the commissioner considers appropriate including, for example, a condition that the person must not disclose stated information to anyone else or use the information other than for a stated purpose.\nThe person must comply with any condition imposed on the consent unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIn this section—\ngenuine researcher means—\na person for whom an application for health information has been granted under the Public Health Act 2005 , chapter 6 , part 4 ; or\na member of a quality assurance committee established under the Hospital and Health Boards Act 2011 , section 82 ; or\nanother person who the principal commissioner considers is conducting genuine research.\nperson includes a public entity.\n(sec.28-ssec.1) This section applies if a person wants to access information in the register to undertake research to help reduce the likelihood of child deaths.\n(sec.28-ssec.2) The person may access the information only with the principal commissioner’s consent.\n(sec.28-ssec.3) The principal commissioner may consent only if satisfied— the person is a genuine researcher; and the information is reasonably necessary for research mentioned in subsection (1) .\n(sec.28-ssec.4) The principal commissioner must not give the person access to confidential information unless the commissioner reasonably believes— the confidential information is necessary for the research to be effective; and the opportunity for increased knowledge that may result from the research outweighs the need to protect the privacy of any living or dead person.\n(sec.28-ssec.5) The principal commissioner may impose the conditions on the consent that the commissioner considers appropriate including, for example, a condition that the person must not disclose stated information to anyone else or use the information other than for a stated purpose.\n(sec.28-ssec.6) The person must comply with any condition imposed on the consent unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.28-ssec.7) In this section— genuine researcher means— a person for whom an application for health information has been granted under the Public Health Act 2005 , chapter 6 , part 4 ; or a member of a quality assurance committee established under the Hospital and Health Boards Act 2011 , section 82 ; or another person who the principal commissioner considers is conducting genuine research. person includes a public entity.\n- (a) the person is a genuine researcher; and\n- (b) the information is reasonably necessary for research mentioned in subsection (1) .\n- (a) the confidential information is necessary for the research to be effective; and\n- (b) the opportunity for increased knowledge that may result from the research outweighs the need to protect the privacy of any living or dead person.\n- (a) a person for whom an application for health information has been granted under the Public Health Act 2005 , chapter 6 , part 4 ; or\n- (b) a member of a quality assurance committee established under the Hospital and Health Boards Act 2011 , section 82 ; or\n- (c) another person who the principal commissioner considers is conducting genuine research.","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Reports","content":"### sec.29 Reports\n\nBy 31 October in each year, the principal commissioner must prepare, and give to the Minister, a report about the following matters for the previous financial year—\nthe results of analysing information included in the register;\nthe commissioner’s activities relating to research under section 26 ;\nany persons given access to information under section 28 ;\nany recommendations the commissioner has made under section 26 about laws, policies, practices or services;\nthe extent to which previous recommendations of the commissioner have been implemented.\nThe principal commissioner may also prepare, and give to the Minister, other reports arising from the performance of the commissioner’s functions under section 26 .\nThe principal commissioner must not include in a report any comments adverse to an entity identifiable from the report, unless the entity has been given a copy of the comments and a reasonable opportunity to respond to them.\nIf the entity gives the principal commissioner a written statement in response to the comments and asks that the statement be included in the report, the commissioner must include the statement in the report.\nHowever, the principal commissioner is not required by subsection (4) to include a statement so far as it contains information that the commissioner considers should not be publicly disclosed on the ground that—\ndisclosure of the information may adversely affect the outcome of an inquiry or investigation by a complaints entity or the Queensland Police Service, or an investigatory body established under a law of the Commonwealth; or\nthe information concerns a matter before a court.\nIt is a lawful excuse for the publication of any defamatory statement made in a report that the publication is made in good faith and is, or purports to be, made for this Act.\nWithin 14 sitting days after receiving a report under this section, the Minister must table it in the Legislative Assembly.\ns 29 amd 2020 No. 2 s 22\n(sec.29-ssec.1) By 31 October in each year, the principal commissioner must prepare, and give to the Minister, a report about the following matters for the previous financial year— the results of analysing information included in the register; the commissioner’s activities relating to research under section 26 ; any persons given access to information under section 28 ; any recommendations the commissioner has made under section 26 about laws, policies, practices or services; the extent to which previous recommendations of the commissioner have been implemented.\n(sec.29-ssec.2) The principal commissioner may also prepare, and give to the Minister, other reports arising from the performance of the commissioner’s functions under section 26 .\n(sec.29-ssec.3) The principal commissioner must not include in a report any comments adverse to an entity identifiable from the report, unless the entity has been given a copy of the comments and a reasonable opportunity to respond to them.\n(sec.29-ssec.4) If the entity gives the principal commissioner a written statement in response to the comments and asks that the statement be included in the report, the commissioner must include the statement in the report.\n(sec.29-ssec.5) However, the principal commissioner is not required by subsection (4) to include a statement so far as it contains information that the commissioner considers should not be publicly disclosed on the ground that— disclosure of the information may adversely affect the outcome of an inquiry or investigation by a complaints entity or the Queensland Police Service, or an investigatory body established under a law of the Commonwealth; or the information concerns a matter before a court.\n(sec.29-ssec.6) It is a lawful excuse for the publication of any defamatory statement made in a report that the publication is made in good faith and is, or purports to be, made for this Act.\n(sec.29-ssec.7) Within 14 sitting days after receiving a report under this section, the Minister must table it in the Legislative Assembly.\n- (a) the results of analysing information included in the register;\n- (b) the commissioner’s activities relating to research under section 26 ;\n- (c) any persons given access to information under section 28 ;\n- (d) any recommendations the commissioner has made under section 26 about laws, policies, practices or services;\n- (e) the extent to which previous recommendations of the commissioner have been implemented.\n- (a) disclosure of the information may adversely affect the outcome of an inquiry or investigation by a complaints entity or the Queensland Police Service, or an investigatory body established under a law of the Commonwealth; or\n- (b) the information concerns a matter before a court.","sortOrder":38},{"sectionNumber":"pt.3A","sectionType":"part","heading":"Child Death Review Board","content":"# Child Death Review Board","sortOrder":39},{"sectionNumber":"pt.3A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":40},{"sectionNumber":"sec.29A","sectionType":"section","heading":"Purposes of board’s reviews","content":"### sec.29A Purposes of board’s reviews\n\nThis part establishes the Child Death Review Board to carry out systems reviews following child deaths connected to the child protection system.\nThe reviews consider matters relating to the provision of services to, and other interactions with, children and their families by government and non-government entities.\nThe reviews do not include an investigation of the death of any particular child.\nThe purposes of the reviews are—\nto identify opportunities for continuous improvement in systems, legislation, policies and practices; and\nto identify preventative mechanisms to help protect children and prevent deaths that may be avoidable.\ns 29A ins 2020 No. 2 s 23\n(sec.29A-ssec.1) This part establishes the Child Death Review Board to carry out systems reviews following child deaths connected to the child protection system.\n(sec.29A-ssec.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.\n(sec.29A-ssec.3) The reviews do not include an investigation of the death of any particular child.\n(sec.29A-ssec.4) The purposes of the reviews are— to identify opportunities for continuous improvement in systems, legislation, policies and practices; and to identify preventative mechanisms to help protect children and prevent deaths that may be avoidable.\n- (a) to identify opportunities for continuous improvement in systems, legislation, policies and practices; and\n- (b) to identify preventative mechanisms to help protect children and prevent deaths that may be avoidable.","sortOrder":41},{"sectionNumber":"sec.29B","sectionType":"section","heading":"Child deaths connected to the child protection system","content":"### sec.29B Child deaths connected to the child protection system\n\nFor 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 .\ns 29B ins 2020 No. 2 s 23","sortOrder":42},{"sectionNumber":"pt.3A-div.2","sectionType":"division","heading":"Establishment, functions and powers","content":"## Establishment, functions and powers","sortOrder":43},{"sectionNumber":"sec.29C","sectionType":"section","heading":"Establishment","content":"### sec.29C Establishment\n\nThe Child Death Review Board is established.\ns 29C ins 2020 No. 2 s 23","sortOrder":44},{"sectionNumber":"sec.29D","sectionType":"section","heading":"Functions","content":"### sec.29D Functions\n\nThe board has the following functions—\nto carry out reviews relating to the child protection system following child deaths connected to the system;\nto analyse data, and apply research, to identify patterns, trends and risk factors relevant to reviews under paragraph (a) ;\nto carry out, or engage persons to carry out, research relevant to reviews under paragraph (a) ;\nto make recommendations about—\nimprovements 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\nlegislative change;\nto monitor the implementation of its recommendations.\ns 29D ins 2020 No. 2 s 23\n- (a) to carry out reviews relating to the child protection system following child deaths connected to the system;\n- (b) to analyse data, and apply research, to identify patterns, trends and risk factors relevant to reviews under paragraph (a) ;\n- (c) to carry out, or engage persons to carry out, research relevant to reviews under paragraph (a) ;\n- (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;\n- (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\n- (ii) legislative change;\n- (e) to monitor the implementation of its recommendations.\n- (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\n- (ii) legislative change;","sortOrder":45},{"sectionNumber":"sec.29E","sectionType":"section","heading":"Powers","content":"### sec.29E Powers\n\nThe board may do all things necessary or convenient to be done for or in connection with the performance of its functions.\nWithout limiting subsection (1) , the board may engage appropriately qualified persons to—\nconduct research relevant to the board’s functions; or\nprovide legal advice relevant to the board’s functions; or\nprepare reports to help the board perform its functions.\ns 29E ins 2020 No. 2 s 23\n(sec.29E-ssec.1) The board may do all things necessary or convenient to be done for or in connection with the performance of its functions.\n(sec.29E-ssec.2) Without limiting subsection (1) , the board may engage appropriately qualified persons to— conduct research relevant to the board’s functions; or provide legal advice relevant to the board’s functions; or prepare reports to help the board perform its functions.\n- (a) conduct research relevant to the board’s functions; or\n- (b) provide legal advice relevant to the board’s functions; or\n- (c) prepare reports to help the board perform its functions.","sortOrder":46},{"sectionNumber":"sec.29F","sectionType":"section","heading":"Board must act independently and in the public interest","content":"### sec.29F Board must act independently and in the public interest\n\nIn performing its functions, the board must act independently and in the public interest.\nWithout limiting subsection (1) —\nthe board is not subject to direction by the Minister or anyone else about how it performs its functions; and\ndespite 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.\nSee, 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.\ns 29F ins 2020 No. 2 s 23\n(sec.29F-ssec.1) In performing its functions, the board must act independently and in the public interest.\n(sec.29F-ssec.2) Without limiting subsection (1) — the board is not subject to direction by the Minister or anyone else about how it performs its functions; and 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. 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.\n- (a) the board is not subject to direction by the Minister or anyone else about how it performs its functions; and\n- (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.","sortOrder":47},{"sectionNumber":"sec.29G","sectionType":"section","heading":"Board to coordinate with other entities","content":"### sec.29G Board to coordinate with other entities\n\nIn performing its functions, the board must—\navoid unnecessary duplication of the processes carried out in other entities; and\nto the extent it considers appropriate, coordinate its reviews and the reviews carried out by other entities.\ns 29G ins 2020 No. 2 s 23\n- (a) avoid unnecessary duplication of the processes carried out in other entities; and\n- (b) to the extent it considers appropriate, coordinate its reviews and the reviews carried out by other entities.","sortOrder":48},{"sectionNumber":"pt.3A-div.3","sectionType":"division","heading":"Conduct of reviews","content":"## Conduct of reviews","sortOrder":49},{"sectionNumber":"sec.29H","sectionType":"section","heading":"Board may carry out reviews","content":"### sec.29H Board may carry out reviews\n\nThe board may carry out reviews for the purposes stated in section 29A .\nThe board must decide the extent of, and terms of reference for, each review.\nThe board may, for example, decide to review an issue, about a particular system, arising from internal agency reviews.\nUnder the Child Protection Act 1999 , section 245O , the board receives the reports prepared for internal agency reviews following child deaths.\nMatters that the board may consider in a review include the following—\nthe effectiveness of, or interaction between—\nservices that were provided to a child or a child’s family before the child’s death; or\nservices 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;\nissues relating to practices or systems that may expose children to risk;\nways of improving practices or systems relating to identifying or responding to risks;\nways of improving communication and collaboration between service providers.\nThe terms of reference for a review must not include considering whether disciplinary action should be taken against any person.\ns 29H ins 2020 No. 2 s 23\n(sec.29H-ssec.1) The board may carry out reviews for the purposes stated in section 29A .\n(sec.29H-ssec.2) The board must decide the extent of, and terms of reference for, each review.\n(sec.29H-ssec.3) The board may, for example, decide to review an issue, about a particular system, arising from internal agency reviews. Under the Child Protection Act 1999 , section 245O , the board receives the reports prepared for internal agency reviews following child deaths.\n(sec.29H-ssec.4) Matters that the board may consider in a review include the following— the effectiveness of, or interaction between— services that were provided to a child or a child’s family before the child’s death; or 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; issues relating to practices or systems that may expose children to risk; ways of improving practices or systems relating to identifying or responding to risks; ways of improving communication and collaboration between service providers.\n(sec.29H-ssec.5) The terms of reference for a review must not include considering whether disciplinary action should be taken against any person.\n- (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;\n- (i) services that were provided to a child or a child’s family before the child’s death; or\n- (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;\n- (b) issues relating to practices or systems that may expose children to risk;\n- (c) ways of improving practices or systems relating to identifying or responding to risks;\n- (d) ways of improving communication and collaboration between service providers.\n- (i) services that were provided to a child or a child’s family before the child’s death; or\n- (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;","sortOrder":50},{"sectionNumber":"sec.29I","sectionType":"section","heading":"Minister may ask board to carry out review","content":"### sec.29I Minister may ask board to carry out review\n\nIn 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 .\nThe matters to which a request relates may include matters relating to the child protection system other than child deaths connected to the system.\nA 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.\nThe board must comply with the Minister’s request.\nThe board must—\nfor a request to carry out a review—decide the extent of, and terms of reference for, the review; and\nafter completing the review that was requested or to which the request relates—\nadvise the Minister of the outcomes; and\nif appropriate, include the outcomes in a report under section 29J or 29K .\nThis section applies despite section 29F .\ns 29I ins 2020 No. 2 s 23\n(sec.29I-ssec.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 .\n(sec.29I-ssec.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. 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.\n(sec.29I-ssec.3) The board must comply with the Minister’s request.\n(sec.29I-ssec.4) The board must— for a request to carry out a review—decide the extent of, and terms of reference for, the review; and after completing the review that was requested or to which the request relates— advise the Minister of the outcomes; and if appropriate, include the outcomes in a report under section 29J or 29K .\n(sec.29I-ssec.5) This section applies despite section 29F .\n- (a) for a request to carry out a review—decide the extent of, and terms of reference for, the review; and\n- (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 .\n- (i) advise the Minister of the outcomes; and\n- (ii) if appropriate, include the outcomes in a report under section 29J or 29K .\n- (i) advise the Minister of the outcomes; and\n- (ii) if appropriate, include the outcomes in a report under section 29J or 29K .","sortOrder":51},{"sectionNumber":"pt.3A-div.4","sectionType":"division","heading":"Reporting","content":"## Reporting","sortOrder":52},{"sectionNumber":"sec.29J","sectionType":"section","heading":"Annual reports","content":"### sec.29J Annual reports\n\nBy 31 October after the end of each financial year, the board must give the Minister a report of its operations during the financial year.\nThe report may include—\nrecommendations made under section 29D (d) ; and\ninformation about the progress made by government or non-government entities in the implementation of previous recommendations of the board.\nWithin 14 sitting days after receiving the report, the Minister must table a copy in the Legislative Assembly.\ns 29J ins 2020 No. 2 s 23\n(sec.29J-ssec.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.\n(sec.29J-ssec.2) The report may include— recommendations made under section 29D (d) ; and information about the progress made by government or non-government entities in the implementation of previous recommendations of the board.\n(sec.29J-ssec.3) Within 14 sitting days after receiving the report, the Minister must table a copy in the Legislative Assembly.\n- (a) recommendations made under section 29D (d) ; and\n- (b) information about the progress made by government or non-government entities in the implementation of previous recommendations of the board.","sortOrder":53},{"sectionNumber":"sec.29K","sectionType":"section","heading":"Other reports","content":"### sec.29K Other reports\n\nAt any time, the board may prepare a report about the outcomes of a review or another matter arising from the performance of its functions.\nThe 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.\nIn deciding whether to table a report in the Legislative Assembly, the Minister must have regard to whether it includes—\npersonal information about an individual; or\ninformation that may prejudice the investigation of a contravention or possible contravention of the law; or\nanything else relevant to whether tabling the report would be in the public interest.\nIf 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.\nIf 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.\nIn this section—\npersonal information see the Information Privacy Act 2009 , section 12 .\ns 29K ins 2020 No. 2 s 23\n(sec.29K-ssec.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.\n(sec.29K-ssec.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.\n(sec.29K-ssec.3) In deciding whether to table a report in the Legislative Assembly, the Minister must have regard to whether it includes— personal information about an individual; or information that may prejudice the investigation of a contravention or possible contravention of the law; or anything else relevant to whether tabling the report would be in the public interest.\n(sec.29K-ssec.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.\n(sec.29K-ssec.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.\n(sec.29K-ssec.6) In this section— personal information see the Information Privacy Act 2009 , section 12 .\n- (a) personal information about an individual; or\n- (b) information that may prejudice the investigation of a contravention or possible contravention of the law; or\n- (c) anything else relevant to whether tabling the report would be in the public interest.","sortOrder":54},{"sectionNumber":"sec.29L","sectionType":"section","heading":"Consultation before including particular information in reports","content":"### sec.29L Consultation before including particular information in reports\n\nThe 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.\nIf an entity makes a submission under subsection (1) , the board—\nmust have regard to the submission before finalising the report; and\nmust 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.\nIf 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.\nIn this section—\ninformation includes comment.\ns 29L ins 2020 No. 2 s 23\n(sec.29L-ssec.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.\n(sec.29L-ssec.2) If an entity makes a submission under subsection (1) , the board— must have regard to the submission before finalising the report; and 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.\n(sec.29L-ssec.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.\n(sec.29L-ssec.4) In this section— information includes comment.\n- (a) must have regard to the submission before finalising the report; and\n- (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.","sortOrder":55},{"sectionNumber":"sec.29M","sectionType":"section","heading":"Board may respond to internal agency review reports","content":"### sec.29M Board may respond to internal agency review reports\n\nThe 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 .\nThe board must not include the comments or information in a report under section 29J or 29K or another document published to the public.\ns 29M ins 2020 No. 2 s 23\n(sec.29M-ssec.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 .\n(sec.29M-ssec.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.","sortOrder":56},{"sectionNumber":"pt.3A-div.5","sectionType":"division","heading":"Information sharing and protection from liability","content":"## Information sharing and protection from liability","sortOrder":57},{"sectionNumber":"sec.29N","sectionType":"section","heading":"Definitions for div 5","content":"### sec.29N Definitions for div 5\n\nIn this division—\nchairperson means the chairperson of the board.\ninformation includes a document.\ns 29N ins 2020 No. 2 s 23","sortOrder":58},{"sectionNumber":"sec.29O","sectionType":"section","heading":"Underlying principle","content":"### sec.29O Underlying principle\n\nIt is a principle underlying this part that public entities should give information requested by the chairperson for the purpose of the board’s functions—\nin a timely way; and\nto the extent that is appropriate, having regard to—\nthe relevance of the information to the board’s functions; and\nthe effect of giving the information on the safety, wellbeing and best interests of children.\ns 29O ins 2020 No. 2 s 23\n- (a) in a timely way; and\n- (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.\n- (i) the relevance of the information to the board’s functions; and\n- (ii) the effect of giving the information on the safety, wellbeing and best interests of children.\n- (i) the relevance of the information to the board’s functions; and\n- (ii) the effect of giving the information on the safety, wellbeing and best interests of children.","sortOrder":59},{"sectionNumber":"sec.29P","sectionType":"section","heading":"Information may be given to chairperson","content":"### sec.29P Information may be given to chairperson\n\nThe chairperson may ask any entity for stated information for the purpose of the board’s functions.\nAny 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.\na public entity\na non-government agency that provides a service to children or families\na private hospital\na medical practitioner\nthe principal of a school\nthe approved provider of an education and care service\ns 29P ins 2020 No. 2 s 23\n(sec.29P-ssec.1) The chairperson may ask any entity for stated information for the purpose of the board’s functions.\n(sec.29P-ssec.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. 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\n- • a public entity\n- • a non-government agency that provides a service to children or families\n- • a private hospital\n- • a medical practitioner\n- • the principal of a school\n- • the approved provider of an education and care service","sortOrder":60},{"sectionNumber":"sec.29Q","sectionType":"section","heading":"Chairperson may disclose confidential information","content":"### sec.29Q Chairperson may disclose confidential information\n\nThe chairperson may disclose confidential information to an entity for the performance of the board’s functions under this part, including for the purpose of—\nobtaining information the chairperson requests under section 29P (1) ; or\nperforming the board’s functions in the way stated in section 29G .\nThis section does not limit section 36 (3) .\ns 29Q ins 2020 No. 2 s 23\n(sec.29Q-ssec.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— obtaining information the chairperson requests under section 29P (1) ; or performing the board’s functions in the way stated in section 29G .\n(sec.29Q-ssec.2) This section does not limit section 36 (3) .\n- (a) obtaining information the chairperson requests under section 29P (1) ; or\n- (b) performing the board’s functions in the way stated in section 29G .","sortOrder":61},{"sectionNumber":"sec.29R","sectionType":"section","heading":"Information sharing arrangements","content":"### sec.29R Information sharing arrangements\n\nThe 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.\nThe 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 .\ns 29R ins 2020 No. 2 s 23","sortOrder":62},{"sectionNumber":"sec.29S","sectionType":"section","heading":"Interaction with other laws","content":"### sec.29S Interaction with other laws\n\nThis part does not limit a power or obligation under another Act or law to give information.\nInformation may be given under this part despite any other law that would otherwise prohibit or restrict the giving of the information.\nHowever, 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.\ns 29S ins 2020 No. 2 s 23\n(sec.29S-ssec.1) This part does not limit a power or obligation under another Act or law to give information.\n(sec.29S-ssec.2) Information may be given under this part despite any other law that would otherwise prohibit or restrict the giving of the information.\n(sec.29S-ssec.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.","sortOrder":63},{"sectionNumber":"sec.29T","sectionType":"section","heading":"Protection from liability for giving information","content":"### sec.29T Protection from liability for giving information\n\nThis section applies if a person, acting honestly, gives information under this part.\nThe person is not liable, civilly, criminally or under an administrative process, for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (2) and (3) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—\ndoes not contravene the Act , oath or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\ns 29T ins 2020 No. 2 s 23\n(sec.29T-ssec.1) This section applies if a person, acting honestly, gives information under this part.\n(sec.29T-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.29T-ssec.3) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.29T-ssec.4) Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and 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— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (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.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":64},{"sectionNumber":"sec.29U","sectionType":"section","heading":"No liability for defamation if report made in good faith","content":"### sec.29U No liability for defamation if report made in good faith\n\nIt 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.\ns 29U ins 2020 No. 2 s 23","sortOrder":65},{"sectionNumber":"pt.3A-div.6","sectionType":"division","heading":"Membership of board","content":"## Membership of board","sortOrder":66},{"sectionNumber":"sec.29V","sectionType":"section","heading":"Composition of board","content":"### sec.29V Composition of board\n\nThe board consists of the chairperson and not more than 11 other members appointed by the Minister.\ns 29V ins 2020 No. 2 s 23","sortOrder":67},{"sectionNumber":"sec.29W","sectionType":"section","heading":"Chairperson","content":"### sec.29W Chairperson\n\nThe Minister must appoint the principal commissioner or another commissioner as the chairperson.\nThe chairperson is responsible for leading the board, and directing its activities, to ensure it appropriately performs its functions.\nThe chairperson holds office for the term stated in the person’s instrument of appointment as chairperson.\nA person ceases to be chairperson if the person—\nresigns office as chairperson by signed notice given to the Minister; or\nceases to be a commissioner.\ns 29W ins 2020 No. 2 s 23\n(sec.29W-ssec.1) The Minister must appoint the principal commissioner or another commissioner as the chairperson.\n(sec.29W-ssec.2) The chairperson is responsible for leading the board, and directing its activities, to ensure it appropriately performs its functions.\n(sec.29W-ssec.3) The chairperson holds office for the term stated in the person’s instrument of appointment as chairperson.\n(sec.29W-ssec.4) A person ceases to be chairperson if the person— resigns office as chairperson by signed notice given to the Minister; or ceases to be a commissioner.\n- (a) resigns office as chairperson by signed notice given to the Minister; or\n- (b) ceases to be a commissioner.","sortOrder":68},{"sectionNumber":"sec.29X","sectionType":"section","heading":"Other members","content":"### sec.29X Other members\n\nThis section applies to the board members other than the chairperson.\nThe Minister may appoint a person as a member of the board if satisfied the person is eligible and suitable for appointment.\nA person is eligible for appointment if the person—\nhas expertise in the field of paediatrics and child health, forensic pathology, mental health, investigations or child protection; or\nhas expertise in litigation relating to child protection proceedings or proceedings of a similar nature; or\nis 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.\nHowever, a person is ineligible for appointment if the person—\nhas a conviction for an indictable offence; or\nis an insolvent under administration; or\nis a member of the Legislative Assembly.\nThe Minister must not appoint a person if the person does not consent to a criminal history check before appointment.\nWithout 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.\nThe Minister must ensure the board’s membership—\nreflects the social and cultural diversity of the Queensland community; and\nincludes at least 1 Aboriginal or Torres Strait Islander person; and\nincludes persons with a range of experience, knowledge or skills relevant to the board’s functions; and\ndoes not include a majority of persons who are public service employees.\ns 29X ins 2020 No. 2 s 23\namd 2023 No. 23 s 247 sch 1 s 2 (2)\n(sec.29X-ssec.1) This section applies to the board members other than the chairperson.\n(sec.29X-ssec.2) The Minister may appoint a person as a member of the board if satisfied the person is eligible and suitable for appointment.\n(sec.29X-ssec.3) A person is eligible for appointment if the person— has expertise in the field of paediatrics and child health, forensic pathology, mental health, investigations or child protection; or has expertise in litigation relating to child protection proceedings or proceedings of a similar nature; or 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.\n(sec.29X-ssec.4) However, a person is ineligible for appointment if the person— has a conviction for an indictable offence; or is an insolvent under administration; or is a member of the Legislative Assembly.\n(sec.29X-ssec.5) The Minister must not appoint a person if the person does not consent to a criminal history check before appointment.\n(sec.29X-ssec.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.\n(sec.29X-ssec.7) The Minister must ensure the board’s membership— reflects the social and cultural diversity of the Queensland community; and includes at least 1 Aboriginal or Torres Strait Islander person; and includes persons with a range of experience, knowledge or skills relevant to the board’s functions; and does not include a majority of persons who are public service employees.\n- (a) has expertise in the field of paediatrics and child health, forensic pathology, mental health, investigations or child protection; or\n- (b) has expertise in litigation relating to child protection proceedings or proceedings of a similar nature; or\n- (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.\n- (a) has a conviction for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is a member of the Legislative Assembly.\n- (a) reflects the social and cultural diversity of the Queensland community; and\n- (b) includes at least 1 Aboriginal or Torres Strait Islander person; and\n- (c) includes persons with a range of experience, knowledge or skills relevant to the board’s functions; and\n- (d) does not include a majority of persons who are public service employees.","sortOrder":69},{"sectionNumber":"sec.29Y","sectionType":"section","heading":"Deputy chairperson","content":"### sec.29Y Deputy chairperson\n\nThe Minister may appoint a board member to be the deputy chairperson.\nIf 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.\nThe Minister may not appoint a board member who is a commissioner as deputy chairperson.\nA person may be appointed as a board member and deputy chairperson at the same time.\nA person ceases to be deputy chairperson if the person—\nresigns office as deputy chairperson by signed notice given to the Minister; or\nceases to be a board member.\nThe deputy chairperson is to act as chairperson—\nduring a vacancy in the office of chairperson; and\nduring all periods when the chairperson is absent or can not perform the functions of the office.\ns 29Y ins 2020 No. 2 s 23\n(sec.29Y-ssec.1) The Minister may appoint a board member to be the deputy chairperson.\n(sec.29Y-ssec.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.\n(sec.29Y-ssec.3) The Minister may not appoint a board member who is a commissioner as deputy chairperson.\n(sec.29Y-ssec.4) A person may be appointed as a board member and deputy chairperson at the same time.\n(sec.29Y-ssec.5) A person ceases to be deputy chairperson if the person— resigns office as deputy chairperson by signed notice given to the Minister; or ceases to be a board member.\n(sec.29Y-ssec.6) The deputy chairperson is to act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent or can not perform the functions of the office.\n- (a) resigns office as deputy chairperson by signed notice given to the Minister; or\n- (b) ceases to be a board member.\n- (a) during a vacancy in the office of chairperson; and\n- (b) during all periods when the chairperson is absent or can not perform the functions of the office.","sortOrder":70},{"sectionNumber":"sec.29Z","sectionType":"section","heading":"Conditions of appointment","content":"### sec.29Z Conditions of appointment\n\nA board member is to be paid the remuneration and allowances decided by the Minister.\nA board member who is a prescribed person under the Public Sector Act 2022 , section 267 is not entitled to be paid remuneration for holding office as a member.\nFor matters not provided for by this Act, a board member holds office on the terms and conditions decided by the Minister.\ns 29Z ins 2020 No. 2 s 23\namd 2022 No. 34 s 356 sch 3\n(sec.29Z-ssec.1) A board member is to be paid the remuneration and allowances decided by the Minister.\n(sec.29Z-ssec.2) A board member who is a prescribed person under the Public Sector Act 2022 , section 267 is not entitled to be paid remuneration for holding office as a member.\n(sec.29Z-ssec.3) For matters not provided for by this Act, a board member holds office on the terms and conditions decided by the Minister.","sortOrder":71},{"sectionNumber":"sec.29ZA","sectionType":"section","heading":"Term of appointment","content":"### sec.29ZA Term of appointment\n\nA board member is appointed for the term, of not more than 3 years, stated in the member’s instrument of appointment.\nA board member may be reappointed.\ns 29ZA ins 2020 No. 2 s 23\n(sec.29ZA-ssec.1) A board member is appointed for the term, of not more than 3 years, stated in the member’s instrument of appointment.\n(sec.29ZA-ssec.2) A board member may be reappointed.","sortOrder":72},{"sectionNumber":"sec.29ZB","sectionType":"section","heading":"Vacation of office","content":"### sec.29ZB Vacation of office\n\nThe office of a board member becomes vacant if—\nthe member—\ncompletes the member’s term of office and is not reappointed; or\nresigns from office by signed notice given to the Minister; or\nbecomes ineligible for appointment under section 29X (4) ; or\nthe Minister ends the member’s appointment under subsection (2) .\nThe Minister may, by signed notice given to a board member, terminate the member’s appointment if—\nthe member is absent from 3 consecutive meetings of the board without the board’s permission and without reasonable excuse; or\nthe Minister is satisfied the member is incapable of satisfactorily performing the member’s functions.\ns 29ZB ins 2020 No. 2 s 23\n(sec.29ZB-ssec.1) The office of a board member becomes vacant if— the member— completes the member’s term of office and is not reappointed; or resigns from office by signed notice given to the Minister; or becomes ineligible for appointment under section 29X (4) ; or the Minister ends the member’s appointment under subsection (2) .\n(sec.29ZB-ssec.2) The Minister may, by signed notice given to a board member, terminate the member’s appointment if— the member is absent from 3 consecutive meetings of the board without the board’s permission and without reasonable excuse; or the Minister is satisfied the member is incapable of satisfactorily performing the member’s functions.\n- (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\n- (i) completes the member’s term of office and is not reappointed; or\n- (ii) resigns from office by signed notice given to the Minister; or\n- (iii) becomes ineligible for appointment under section 29X (4) ; or\n- (b) the Minister ends the member’s appointment under subsection (2) .\n- (i) completes the member’s term of office and is not reappointed; or\n- (ii) resigns from office by signed notice given to the Minister; or\n- (iii) becomes ineligible for appointment under section 29X (4) ; or\n- (a) the member is absent from 3 consecutive meetings of the board without the board’s permission and without reasonable excuse; or\n- (b) the Minister is satisfied the member is incapable of satisfactorily performing the member’s functions.","sortOrder":73},{"sectionNumber":"sec.29ZC","sectionType":"section","heading":"Criminal history reports","content":"### sec.29ZC Criminal history reports\n\nThis section applies in relation to—\na person who has consented to a criminal history check for the purpose of the person’s appointment as a board member; and\na board member.\nThe Minister may ask the police commissioner for—\nthe person’s criminal history; and\na brief description of the circumstances of a conviction or charge mentioned in the person’s criminal history.\nThe 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.\nThe 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.\ns 29ZC ins 2020 No. 2 s 23\n(sec.29ZC-ssec.1) This section applies in relation to— a person who has consented to a criminal history check for the purpose of the person’s appointment as a board member; and a board member.\n(sec.29ZC-ssec.2) The Minister may ask the police commissioner for— the person’s criminal history; and a brief description of the circumstances of a conviction or charge mentioned in the person’s criminal history.\n(sec.29ZC-ssec.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.\n(sec.29ZC-ssec.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.\n- (a) a person who has consented to a criminal history check for the purpose of the person’s appointment as a board member; and\n- (b) a board member.\n- (a) the person’s criminal history; and\n- (b) a brief description of the circumstances of a conviction or charge mentioned in the person’s criminal history.","sortOrder":74},{"sectionNumber":"sec.29ZD","sectionType":"section","heading":"Members must disclose new convictions","content":"### sec.29ZD Members must disclose new convictions\n\nThis section applies if a person is convicted of an indictable offence during the term of the person’s appointment as a board member.\nThe person must immediately give notice of the conviction to the Minister under this section, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThe notice must include—\nthe existence of the conviction; and\nwhen the offence was committed; and\ndetails adequate to identify the offence; and\nthe sentence imposed on the person.\ns 29ZD ins 2020 No. 2 s 23\n(sec.29ZD-ssec.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.\n(sec.29ZD-ssec.2) The person must immediately give notice of the conviction to the Minister under this section, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.29ZD-ssec.3) The notice must include— the existence of the conviction; and when the offence was committed; and details adequate to identify the offence; and the sentence imposed on the person.\n- (a) the existence of the conviction; and\n- (b) when the offence was committed; and\n- (c) details adequate to identify the offence; and\n- (d) the sentence imposed on the person.","sortOrder":75},{"sectionNumber":"pt.3A-div.7","sectionType":"division","heading":"Proceedings of the board","content":"## Proceedings of the board","sortOrder":76},{"sectionNumber":"sec.29ZE","sectionType":"section","heading":"Time and place of meetings","content":"### sec.29ZE Time and place of meetings\n\nThe board may hold its meetings when and where it decides.\nThe chairperson—\nmay call a meeting at any time; and\nmust call a meeting if asked by at least 3 other members.\ns 29ZE ins 2020 No. 2 s 23\n(sec.29ZE-ssec.1) The board may hold its meetings when and where it decides.\n(sec.29ZE-ssec.2) The chairperson— may call a meeting at any time; and must call a meeting if asked by at least 3 other members.\n- (a) may call a meeting at any time; and\n- (b) must call a meeting if asked by at least 3 other members.","sortOrder":77},{"sectionNumber":"sec.29ZF","sectionType":"section","heading":"Quorum","content":"### sec.29ZF Quorum\n\nA 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.\ns 29ZF ins 2020 No. 2 s 23","sortOrder":78},{"sectionNumber":"sec.29ZG","sectionType":"section","heading":"Presiding at meetings","content":"### sec.29ZG Presiding at meetings\n\nThe chairperson is to preside at all meetings at which the chairperson is present.\nIf the chairperson is not present at a meeting, the deputy chairperson is to preside.\nIf neither the chairperson nor the deputy chairperson is present at a meeting, the board member chosen by the members present is to preside.\ns 29ZG ins 2020 No. 2 s 23\n(sec.29ZG-ssec.1) The chairperson is to preside at all meetings at which the chairperson is present.\n(sec.29ZG-ssec.2) If the chairperson is not present at a meeting, the deputy chairperson is to preside.\n(sec.29ZG-ssec.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.","sortOrder":79},{"sectionNumber":"sec.29ZH","sectionType":"section","heading":"Conduct of meetings","content":"### sec.29ZH Conduct of meetings\n\nSubject to this division, the board may conduct its proceedings, including its meetings, as it considers appropriate.\nThe 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.\nA board member who takes part in a meeting under subsection (2) is taken to be present at the meeting.\nA question at a meeting is to be decided by a majority of the votes of the board members present at the meeting.\nIf the votes are equal, the board member presiding has a casting vote.\nA resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if—\nat least half of the board members give written agreement to the resolution; and\nnotice of the resolution is given under procedures approved by the board.\nThe board may invite persons other than board members to attend a meeting to advise or inform the board about any matter.\ns 29ZH ins 2020 No. 2 s 23\n(sec.29ZH-ssec.1) Subject to this division, the board may conduct its proceedings, including its meetings, as it considers appropriate.\n(sec.29ZH-ssec.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.\n(sec.29ZH-ssec.3) A board member who takes part in a meeting under subsection (2) is taken to be present at the meeting.\n(sec.29ZH-ssec.4) A question at a meeting is to be decided by a majority of the votes of the board members present at the meeting.\n(sec.29ZH-ssec.5) If the votes are equal, the board member presiding has a casting vote.\n(sec.29ZH-ssec.6) A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if— at least half of the board members give written agreement to the resolution; and notice of the resolution is given under procedures approved by the board.\n(sec.29ZH-ssec.7) The board may invite persons other than board members to attend a meeting to advise or inform the board about any matter.\n- (a) at least half of the board members give written agreement to the resolution; and\n- (b) notice of the resolution is given under procedures approved by the board.","sortOrder":80},{"sectionNumber":"sec.29ZI","sectionType":"section","heading":"Minutes and other records","content":"### sec.29ZI Minutes and other records\n\nThe board must keep—\nminutes of its meetings; and\na record of its decisions and resolutions.\ns 29ZI ins 2020 No. 2 s 23\n- (a) minutes of its meetings; and\n- (b) a record of its decisions and resolutions.","sortOrder":81},{"sectionNumber":"sec.29ZJ","sectionType":"section","heading":"Disclosure of interests","content":"### sec.29ZJ Disclosure of interests\n\nThis section applies if—\na board member has a direct or indirect interest in a matter being considered, or about to be considered, at a meeting; and\nthe interest could conflict with the proper performance of the member’s duties about the consideration of the matter.\nAs 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.\nParticulars of the disclosure must be recorded by the board in a register of interests kept for the purpose.\nUnless the board otherwise directs, the board member must not—\nbe present when the board considers the matter; or\ntake part in a decision of the board about the matter.\nThe board member must not be present when the board is considering whether to give a direction under subsection (4) .\nA contravention of this section does not invalidate a decision of the board.\nHowever, 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.\ns 29ZJ ins 2020 No. 2 s 23\n(sec.29ZJ-ssec.1) This section applies if— a board member has a direct or indirect interest in a matter being considered, or about to be considered, at a meeting; and the interest could conflict with the proper performance of the member’s duties about the consideration of the matter.\n(sec.29ZJ-ssec.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.\n(sec.29ZJ-ssec.3) Particulars of the disclosure must be recorded by the board in a register of interests kept for the purpose.\n(sec.29ZJ-ssec.4) Unless the board otherwise directs, the board member must not— be present when the board considers the matter; or take part in a decision of the board about the matter.\n(sec.29ZJ-ssec.5) The board member must not be present when the board is considering whether to give a direction under subsection (4) .\n(sec.29ZJ-ssec.6) A contravention of this section does not invalidate a decision of the board.\n(sec.29ZJ-ssec.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.\n- (a) a board member has a direct or indirect interest in a matter being considered, or about to be considered, at a meeting; and\n- (b) the interest could conflict with the proper performance of the member’s duties about the consideration of the matter.\n- (a) be present when the board considers the matter; or\n- (b) take part in a decision of the board about the matter.","sortOrder":82},{"sectionNumber":"sec.29ZK","sectionType":"section","heading":"Attendance by proxy","content":"### sec.29ZK Attendance by proxy\n\nA board member may attend a meeting of the board by proxy.\nThe proxy holder—\nmay participate in the meeting, but not vote, on the board member’s behalf; and\nis not entitled to preside at the meeting only because the person is the proxy holder for the chairperson or deputy chairperson; and\nis not counted for the purpose of deciding whether a quorum is present under section 29ZF .\nFor 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.\ns 29ZK ins 2020 No. 2 s 23\n(sec.29ZK-ssec.1) A board member may attend a meeting of the board by proxy.\n(sec.29ZK-ssec.2) The proxy holder— may participate in the meeting, but not vote, on the board member’s behalf; and is not entitled to preside at the meeting only because the person is the proxy holder for the chairperson or deputy chairperson; and is not counted for the purpose of deciding whether a quorum is present under section 29ZF .\n(sec.29ZK-ssec.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.\n- (a) may participate in the meeting, but not vote, on the board member’s behalf; and\n- (b) is not entitled to preside at the meeting only because the person is the proxy holder for the chairperson or deputy chairperson; and\n- (c) is not counted for the purpose of deciding whether a quorum is present under section 29ZF .","sortOrder":83},{"sectionNumber":"pt.4","sectionType":"part","heading":"Advisory councils","content":"# Advisory councils","sortOrder":84},{"sectionNumber":"sec.30","sectionType":"section","heading":"Establishment","content":"### sec.30 Establishment\n\nThe principal commissioner may establish 1 or more advisory councils, as the commissioner considers appropriate, to advise on matters relating to the commission’s functions.","sortOrder":85},{"sectionNumber":"sec.31","sectionType":"section","heading":"Membership","content":"### sec.31 Membership\n\nAn advisory council has the membership decided by the principal commissioner.\nHowever, the principal commissioner must ensure that at least 1 member of each advisory council is an Aboriginal person or a Torres Strait Islander.\nThe principal commissioner may appoint a person to an advisory council only if the commissioner is satisfied the person is appropriately qualified to advise on the matters referred to the council by the commissioner.\n(sec.31-ssec.1) An advisory council has the membership decided by the principal commissioner.\n(sec.31-ssec.2) However, the principal commissioner must ensure that at least 1 member of each advisory council is an Aboriginal person or a Torres Strait Islander.\n(sec.31-ssec.3) The principal commissioner may appoint a person to an advisory council only if the commissioner is satisfied the person is appropriately qualified to advise on the matters referred to the council by the commissioner.","sortOrder":86},{"sectionNumber":"sec.32","sectionType":"section","heading":"Function","content":"### sec.32 Function\n\nAn advisory council’s function is to help the commission to effectively and efficiently perform the commission’s functions by advising on matters referred to it by the principal commissioner.\nIt is not an advisory council’s function to advise the principal commissioner on the day-to-day management of the commission.\n(sec.32-ssec.1) An advisory council’s function is to help the commission to effectively and efficiently perform the commission’s functions by advising on matters referred to it by the principal commissioner.\n(sec.32-ssec.2) It is not an advisory council’s function to advise the principal commissioner on the day-to-day management of the commission.","sortOrder":87},{"sectionNumber":"sec.33","sectionType":"section","heading":"Dissolution","content":"### sec.33 Dissolution\n\nThe principal commissioner may dissolve an advisory council at any time.","sortOrder":88},{"sectionNumber":"sec.34","sectionType":"section","heading":"Other matters","content":"### sec.34 Other matters\n\nThe principal commissioner may decide matters about an advisory council that are not provided for under this Act, including, for example—\nthe terms on which the members of an advisory council hold office; and\nthe way in which the advisory council must conduct meetings or report to the principal commissioner.\n- (a) the terms on which the members of an advisory council hold office; and\n- (b) the way in which the advisory council must conduct meetings or report to the principal commissioner.","sortOrder":89},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":90},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Provisions about information","content":"## Provisions about information","sortOrder":91},{"sectionNumber":"sec.35","sectionType":"section","heading":"Requests by principal commissioner for general information","content":"### sec.35 Requests by principal commissioner for general information\n\nSubsection (2) applies if the principal commissioner considers a public entity has information necessary for the performance of a commissioner’s functions, other than the principal commissioner’s functions under part 3 .\nThe principal commissioner may, by written notice, ask the public entity to give the information to the commissioner within a stated reasonable time.\nThe public entity must comply with the request unless the entity reasonably considers the disclosure of the information—\nis prohibited under an Act; or\nis impracticable; or\nwould prejudice the investigation of a contravention, or possible contravention, of the law; or\nwould prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\nwould endanger a person’s life or physical safety.\nIf the public entity refuses to comply with the request, the entity must give written notice to the principal commissioner of its reasons for the refusal.\nThis section does not apply to confidential information.\n(sec.35-ssec.1) Subsection (2) applies if the principal commissioner considers a public entity has information necessary for the performance of a commissioner’s functions, other than the principal commissioner’s functions under part 3 .\n(sec.35-ssec.2) The principal commissioner may, by written notice, ask the public entity to give the information to the commissioner within a stated reasonable time.\n(sec.35-ssec.3) The public entity must comply with the request unless the entity reasonably considers the disclosure of the information— is prohibited under an Act; or is impracticable; or would prejudice the investigation of a contravention, or possible contravention, of the law; or would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or would endanger a person’s life or physical safety.\n(sec.35-ssec.4) If the public entity refuses to comply with the request, the entity must give written notice to the principal commissioner of its reasons for the refusal.\n(sec.35-ssec.5) This section does not apply to confidential information.\n- (a) is prohibited under an Act; or\n- (b) is impracticable; or\n- (c) would prejudice the investigation of a contravention, or possible contravention, of the law; or\n- (d) would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\n- (e) would endanger a person’s life or physical safety.","sortOrder":92},{"sectionNumber":"sec.36","sectionType":"section","heading":"Confidentiality of information","content":"### sec.36 Confidentiality of information\n\nIf a person gains confidential information through involvement in the administration of this Act, the person must not—\nmake a record of the information or intentionally disclose the information to anyone, other than under subsection (3) ; or\nrecklessly disclose the information to anyone.\nMaximum penalty—200 penalty units.\nA person gains information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being—\nthe Minister or a member of the Minister’s staff; or\na commissioner; or\na member of the board; or\na staff member of the commission; or\na person consulted or employed by the commission for this Act; or\na member of an advisory council.\nA person may make a record of confidential information or disclose it to someone else—\nif the principal commissioner decides the information may be disclosed under subsection (4) ; or\nunder this Act; or\nas authorised or required under another law; or\nin compliance with a lawful process requiring the production of documents or giving of evidence before a court or tribunal; or\nwith the written consent of the person to whom the information relates.\nThe principal commissioner may decide to disclose confidential information to a person if the commissioner is satisfied—\nthe disclosure is reasonably necessary—\nto prevent or minimise the risk of harm to anyone; or\nto improve the performance of a function or service to prevent or minimise the risk of harm to anyone; and\nthe public interest in preventing or minimising the risk of harm outweighs the need to protect the privacy of any living or dead person.\ns 36 amd 2020 No. 2 s 24\n(sec.36-ssec.1) If a person gains confidential information through involvement in the administration of this Act, the person must not— make a record of the information or intentionally disclose the information to anyone, other than under subsection (3) ; or recklessly disclose the information to anyone. Maximum penalty—200 penalty units.\n(sec.36-ssec.2) A person gains information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being— the Minister or a member of the Minister’s staff; or a commissioner; or a member of the board; or a staff member of the commission; or a person consulted or employed by the commission for this Act; or a member of an advisory council.\n(sec.36-ssec.3) A person may make a record of confidential information or disclose it to someone else— if the principal commissioner decides the information may be disclosed under subsection (4) ; or under this Act; or as authorised or required under another law; or in compliance with a lawful process requiring the production of documents or giving of evidence before a court or tribunal; or with the written consent of the person to whom the information relates.\n(sec.36-ssec.4) The principal commissioner may decide to disclose confidential information to a person if the commissioner is satisfied— the disclosure is reasonably necessary— to prevent or minimise the risk of harm to anyone; or to improve the performance of a function or service to prevent or minimise the risk of harm to anyone; and the public interest in preventing or minimising the risk of harm outweighs the need to protect the privacy of any living or dead person.\n- (a) make a record of the information or intentionally disclose the information to anyone, other than under subsection (3) ; or\n- (b) recklessly disclose the information to anyone.\n- (a) the Minister or a member of the Minister’s staff; or\n- (b) a commissioner; or\n- (c) a member of the board; or\n- (d) a staff member of the commission; or\n- (e) a person consulted or employed by the commission for this Act; or\n- (f) a member of an advisory council.\n- (a) if the principal commissioner decides the information may be disclosed under subsection (4) ; or\n- (b) under this Act; or\n- (c) as authorised or required under another law; or\n- (d) in compliance with a lawful process requiring the production of documents or giving of evidence before a court or tribunal; or\n- (e) with the written consent of the person to whom the information relates.\n- (a) the disclosure is reasonably necessary— (i) to prevent or minimise the risk of harm to anyone; or (ii) to improve the performance of a function or service to prevent or minimise the risk of harm to anyone; and\n- (i) to prevent or minimise the risk of harm to anyone; or\n- (ii) to improve the performance of a function or service to prevent or minimise the risk of harm to anyone; and\n- (b) the public interest in preventing or minimising the risk of harm outweighs the need to protect the privacy of any living or dead person.\n- (i) to prevent or minimise the risk of harm to anyone; or\n- (ii) to improve the performance of a function or service to prevent or minimise the risk of harm to anyone; and","sortOrder":93},{"sectionNumber":"sec.37","sectionType":"section","heading":"Confidentiality of information given by persons involved in administration of Act to other persons","content":"### sec.37 Confidentiality of information given by persons involved in administration of Act to other persons\n\nThis section applies to a person (the receiver ) who is given confidential information by a person mentioned in section 36 .\nThe receiver must not use the information or disclose it to anyone else.\nMaximum penalty—200 penalty units.\nHowever, the receiver may use the information or disclose it to someone else if the use or disclosure—\nis authorised by the principal commissioner; or\nis otherwise required or permitted by law.\n(sec.37-ssec.1) This section applies to a person (the receiver ) who is given confidential information by a person mentioned in section 36 .\n(sec.37-ssec.2) The receiver must not use the information or disclose it to anyone else. Maximum penalty—200 penalty units.\n(sec.37-ssec.3) However, the receiver may use the information or disclose it to someone else if the use or disclosure— is authorised by the principal commissioner; or is otherwise required or permitted by law.\n- (a) is authorised by the principal commissioner; or\n- (b) is otherwise required or permitted by law.","sortOrder":94},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Other miscellaneous provisions","content":"## Other miscellaneous provisions","sortOrder":95},{"sectionNumber":"sec.38","sectionType":"section","heading":"Delegations","content":"### sec.38 Delegations\n\nThe principal commissioner may delegate the principal commissioner’s functions under this Act to the other commissioner.\nA commissioner may delegate the commissioner’s functions under this Act to an appropriately qualified staff member of the commission.\nIn this section—\nfunctions includes powers.\n(sec.38-ssec.1) The principal commissioner may delegate the principal commissioner’s functions under this Act to the other commissioner.\n(sec.38-ssec.2) A commissioner may delegate the commissioner’s functions under this Act to an appropriately qualified staff member of the commission.\n(sec.38-ssec.3) In this section— functions includes powers.","sortOrder":96},{"sectionNumber":"sec.39","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.39 Protecting officials from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nIn this section—\nofficial means any of the following when performing a function or exercising a power under this Act—\nthe Minister;\na member of an advisory council.\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\ns 39 amd 2022 No. 34 s 365 sch 3\n(sec.39-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.39-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.39-ssec.3) In this section— official means any of the following when performing a function or exercising a power under this Act— the Minister; a member of an advisory council. For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 . s 39 amd 2022 No. 34 s 365 sch 3\n- (a) the Minister;\n- (b) a member of an advisory council.","sortOrder":97},{"sectionNumber":"sec.40","sectionType":"section","heading":"Annual report","content":"### sec.40 Annual report\n\nThe commission must, in relation to its functions under this Act, include in its annual report for a financial year—\ninformation about the following matters for the financial year—\nQueensland’s performance in relation to achieving State and national goals relating to the child protection system;\nThe commission may report about progress in relation to the reforms recommended in the report titled ‘Taking Responsibility: A Roadmap for Queensland Child Protection’ made by the Queensland Child Protection Commission of Inquiry.\nQueensland’s performance over time in comparison to other jurisdictions;\nQueensland’s progress in reducing the number of, and improving the outcomes for, Aboriginal and Torres Strait Islander children and young people in the child protection system; and\ndetails of any direction given under section 22 by the Minister in relation to the financial year; and\ndetails of any action taken by the commission as a result of the direction; and\nany other information required by the Minister.\nAlso, the commission must, in relation to its functions under the Child Safe Organisations Act 2024 , include in its annual report for a financial year information about—\nthe performance of its functions under chapter 2 of that Act; and\nthe performance of its functions under chapter 3 of that Act; and\ntrends in the compliance by child safe entities and reporting entities with chapters 2 and 3 of that Act; and\ntrends in the outcomes of investigations carried out under chapters 2 and 3 of that Act.\nIn addition, the commission may include in an annual report information, opinion and recommendations about any matter relating to the commission’s functions under this Act or the Child Safe Organisations Act 2024 .\nIn preparing an annual report, the commission may consult with relevant agencies it considers may be significantly affected by the report.\nSee the Financial Accountability Act 2009 , section 63 for requirements about preparing an annual report and tabling it in the Legislative Assembly.\ns 40 amd 2024 No. 49 s 122\n(sec.40-ssec.1) The commission must, in relation to its functions under this Act, include in its annual report for a financial year— information about the following matters for the financial year— Queensland’s performance in relation to achieving State and national goals relating to the child protection system; The commission may report about progress in relation to the reforms recommended in the report titled ‘Taking Responsibility: A Roadmap for Queensland Child Protection’ made by the Queensland Child Protection Commission of Inquiry. Queensland’s performance over time in comparison to other jurisdictions; Queensland’s progress in reducing the number of, and improving the outcomes for, Aboriginal and Torres Strait Islander children and young people in the child protection system; and details of any direction given under section 22 by the Minister in relation to the financial year; and details of any action taken by the commission as a result of the direction; and any other information required by the Minister.\n(sec.40-ssec.2) Also, the commission must, in relation to its functions under the Child Safe Organisations Act 2024 , include in its annual report for a financial year information about— the performance of its functions under chapter 2 of that Act; and the performance of its functions under chapter 3 of that Act; and trends in the compliance by child safe entities and reporting entities with chapters 2 and 3 of that Act; and trends in the outcomes of investigations carried out under chapters 2 and 3 of that Act.\n(sec.40-ssec.3) In addition, the commission may include in an annual report information, opinion and recommendations about any matter relating to the commission’s functions under this Act or the Child Safe Organisations Act 2024 .\n(sec.40-ssec.4) In preparing an annual report, the commission may consult with relevant agencies it considers may be significantly affected by the report. See the Financial Accountability Act 2009 , section 63 for requirements about preparing an annual report and tabling it in the Legislative Assembly.\n- (a) information about the following matters for the financial year— (i) Queensland’s performance in relation to achieving State and national goals relating to the child protection system; Example for subparagraph (i) — The commission may report about progress in relation to the reforms recommended in the report titled ‘Taking Responsibility: A Roadmap for Queensland Child Protection’ made by the Queensland Child Protection Commission of Inquiry. (ii) Queensland’s performance over time in comparison to other jurisdictions; (iii) Queensland’s progress in reducing the number of, and improving the outcomes for, Aboriginal and Torres Strait Islander children and young people in the child protection system; and\n- (i) Queensland’s performance in relation to achieving State and national goals relating to the child protection system; Example for subparagraph (i) — The commission may report about progress in relation to the reforms recommended in the report titled ‘Taking Responsibility: A Roadmap for Queensland Child Protection’ made by the Queensland Child Protection Commission of Inquiry.\n- (ii) Queensland’s performance over time in comparison to other jurisdictions;\n- (iii) Queensland’s progress in reducing the number of, and improving the outcomes for, Aboriginal and Torres Strait Islander children and young people in the child protection system; and\n- (b) details of any direction given under section 22 by the Minister in relation to the financial year; and\n- (c) details of any action taken by the commission as a result of the direction; and\n- (d) any other information required by the Minister.\n- (i) Queensland’s performance in relation to achieving State and national goals relating to the child protection system; Example for subparagraph (i) — The commission may report about progress in relation to the reforms recommended in the report titled ‘Taking Responsibility: A Roadmap for Queensland Child Protection’ made by the Queensland Child Protection Commission of Inquiry.\n- (ii) Queensland’s performance over time in comparison to other jurisdictions;\n- (iii) Queensland’s progress in reducing the number of, and improving the outcomes for, Aboriginal and Torres Strait Islander children and young people in the child protection system; and\n- (a) the performance of its functions under chapter 2 of that Act; and\n- (b) the performance of its functions under chapter 3 of that Act; and\n- (c) trends in the compliance by child safe entities and reporting entities with chapters 2 and 3 of that Act; and\n- (d) trends in the outcomes of investigations carried out under chapters 2 and 3 of that Act.","sortOrder":98},{"sectionNumber":"sec.41","sectionType":"section","heading":"Review of commission","content":"### sec.41 Review of commission\n\nThe Minister must arrange an independent review of the performance by the commission of its functions within 5 years after the commencement of this section.\nAs soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.\n(sec.41-ssec.1) The Minister must arrange an independent review of the performance by the commission of its functions within 5 years after the commencement of this section.\n(sec.41-ssec.2) As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.","sortOrder":99},{"sectionNumber":"sec.42","sectionType":"section","heading":"Review of Act","content":"### sec.42 Review of Act\n\nThe Minister must review the effectiveness of this Act as soon as practicable after the end of 5 years after the commencement of this section.\nAs soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.\n(sec.42-ssec.1) The Minister must review the effectiveness of this Act as soon as practicable after the end of 5 years after the commencement of this section.\n(sec.42-ssec.2) As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.","sortOrder":100},{"sectionNumber":"sec.43","sectionType":"section","heading":"Regulation-making power","content":"### sec.43 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":101},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":102},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 27 of 2014","content":"## Transitional provisions for Act No. 27 of 2014","sortOrder":103},{"sectionNumber":"sec.44","sectionType":"section","heading":"Definitions for division","content":"### sec.44 Definitions for division\n\nIn this division—\ncommencement means 1 July 2014.\nformer CCYPCG Act means the Commission for Children and Young People and Child Guardian Act 2000 as in force from time to time before the commencement.\nformer commissioner means the Commissioner for Children and Young People and Child Guardian under the former CCYPCG Act, section 14.\nformer register means the register of child deaths kept by the former commissioner under the former CCYPCG Act, section 143.\ns 44 amd 2020 No. 2 s 26","sortOrder":104},{"sectionNumber":"sec.45","sectionType":"section","heading":"Immediate appointment of principal commissioner","content":"### sec.45 Immediate appointment of principal commissioner\n\nThis section applies to the person who held the office of the former commissioner immediately before the commencement.\nDespite sections 11, 13 and 14, the person—\nis appointed, on the commencement, as the principal commissioner; and\nis employed on the same terms and conditions on which the person was employed as the former commissioner.\nThe person’s appointment under subsection (2) continues until the earlier of the following—\nthe resignation of the person;\nthe end of the term for which the person was appointed as the former commissioner;\nthe appointment of a person as the principal commissioner under this Act, whether or not the same person is appointed.\nIf the former CCYPCG Act, section 29 applied to the person, that section continues to apply to the person as if—\nthe Child Protection Reform Act 2014 had not been enacted; and\na reference in that section to the end of the person’s term of office or resignation is a reference to the end of the person’s term of office or resignation—\nas the principal commissioner under subsection (3); or\nif applicable, as a commissioner under this Act; and\na reference in that section to service as a commissioner includes a reference to the person’s service as the principal commissioner and a commissioner, if applicable.\nTo remove any doubt, it is declared that this section does not limit or otherwise affect the person’s right to a benefit or entitlement that, under the terms and conditions, had accrued or was accruing immediately before the commencement.\n(sec.45-ssec.1) This section applies to the person who held the office of the former commissioner immediately before the commencement.\n(sec.45-ssec.2) Despite sections 11, 13 and 14, the person— is appointed, on the commencement, as the principal commissioner; and is employed on the same terms and conditions on which the person was employed as the former commissioner.\n(sec.45-ssec.3) The person’s appointment under subsection (2) continues until the earlier of the following— the resignation of the person; the end of the term for which the person was appointed as the former commissioner; the appointment of a person as the principal commissioner under this Act, whether or not the same person is appointed.\n(sec.45-ssec.4) If the former CCYPCG Act, section 29 applied to the person, that section continues to apply to the person as if— the Child Protection Reform Act 2014 had not been enacted; and a reference in that section to the end of the person’s term of office or resignation is a reference to the end of the person’s term of office or resignation— as the principal commissioner under subsection (3); or if applicable, as a commissioner under this Act; and a reference in that section to service as a commissioner includes a reference to the person’s service as the principal commissioner and a commissioner, if applicable.\n(sec.45-ssec.5) To remove any doubt, it is declared that this section does not limit or otherwise affect the person’s right to a benefit or entitlement that, under the terms and conditions, had accrued or was accruing immediately before the commencement.\n- (a) is appointed, on the commencement, as the principal commissioner; and\n- (b) is employed on the same terms and conditions on which the person was employed as the former commissioner.\n- (a) the resignation of the person;\n- (b) the end of the term for which the person was appointed as the former commissioner;\n- (c) the appointment of a person as the principal commissioner under this Act, whether or not the same person is appointed.\n- (a) the Child Protection Reform Act 2014 had not been enacted; and\n- (b) a reference in that section to the end of the person’s term of office or resignation is a reference to the end of the person’s term of office or resignation— (i) as the principal commissioner under subsection (3); or (ii) if applicable, as a commissioner under this Act; and\n- (i) as the principal commissioner under subsection (3); or\n- (ii) if applicable, as a commissioner under this Act; and\n- (c) a reference in that section to service as a commissioner includes a reference to the person’s service as the principal commissioner and a commissioner, if applicable.\n- (i) as the principal commissioner under subsection (3); or\n- (ii) if applicable, as a commissioner under this Act; and","sortOrder":105},{"sectionNumber":"sec.46","sectionType":"section","heading":"Former register becomes the register under this Act","content":"### sec.46 Former register becomes the register under this Act\n\nThe former register becomes the register kept by the principal commissioner under this Act.\nA request for information made by a person under the former CCYPCG Act, section 144 is taken to be a request made to the principal commissioner under section 28.\n(sec.46-ssec.1) The former register becomes the register kept by the principal commissioner under this Act.\n(sec.46-ssec.2) A request for information made by a person under the former CCYPCG Act, section 144 is taken to be a request made to the principal commissioner under section 28.","sortOrder":106},{"sectionNumber":"sec.47","sectionType":"section","heading":"First report","content":"### sec.47 First report\n\nThis section applies to a report that, under section 29, must be prepared by the principal commissioner by 31 October 2014 for the financial year ending 30 June 2014.\nFor section 29(1)—\na reference to the register is taken to be a reference to the former register; and\na reference to the activities or recommendations of the principal commissioner is taken to be a reference to the activities or recommendations of the former commissioner; and\na reference to information given under part 3 is taken to be a reference to information given to a person by the former commissioner under the former CCYPCG Act, section 144.\n(sec.47-ssec.1) This section applies to a report that, under section 29, must be prepared by the principal commissioner by 31 October 2014 for the financial year ending 30 June 2014.\n(sec.47-ssec.2) For section 29(1)— a reference to the register is taken to be a reference to the former register; and a reference to the activities or recommendations of the principal commissioner is taken to be a reference to the activities or recommendations of the former commissioner; and a reference to information given under part 3 is taken to be a reference to information given to a person by the former commissioner under the former CCYPCG Act, section 144.\n- (a) a reference to the register is taken to be a reference to the former register; and\n- (b) a reference to the activities or recommendations of the principal commissioner is taken to be a reference to the activities or recommendations of the former commissioner; and\n- (c) a reference to information given under part 3 is taken to be a reference to information given to a person by the former commissioner under the former CCYPCG Act, section 144.","sortOrder":107},{"sectionNumber":"sec.48","sectionType":"section","heading":"Information arrangements continue","content":"### sec.48 Information arrangements continue\n\nThis section applies to an arrangement made between the former commissioner and a government entity under the former CCYPCG Act, section 147.\nThe arrangement continues to have effect until the principal commissioner or the government entity decides to end the arrangement under its terms.\nThe former CCYPCG Act, section 147 continues to apply to the arrangement while it is in effect under subsection (2) as if the Child Protection Reform Act 2014 had not been enacted.\nIn a document relating to the arrangement, a reference to the former commissioner may be taken, if the context permits, to be a reference to the principal commissioner.\nA fee for a service owed to a government entity by the former commissioner under the arrangement is taken to be a fee owed to the entity by the principal commissioner.\n(sec.48-ssec.1) This section applies to an arrangement made between the former commissioner and a government entity under the former CCYPCG Act, section 147.\n(sec.48-ssec.2) The arrangement continues to have effect until the principal commissioner or the government entity decides to end the arrangement under its terms.\n(sec.48-ssec.3) The former CCYPCG Act, section 147 continues to apply to the arrangement while it is in effect under subsection (2) as if the Child Protection Reform Act 2014 had not been enacted.\n(sec.48-ssec.4) In a document relating to the arrangement, a reference to the former commissioner may be taken, if the context permits, to be a reference to the principal commissioner.\n(sec.48-ssec.5) A fee for a service owed to a government entity by the former commissioner under the arrangement is taken to be a fee owed to the entity by the principal commissioner.","sortOrder":108},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Transitional provision for Child Death Review Legislation Amendment Act 2019","content":"## Transitional provision for Child Death Review Legislation Amendment Act 2019","sortOrder":109},{"sectionNumber":"sec.49","sectionType":"section","heading":"Reports from current reviews","content":"### sec.49 Reports from current reviews\n\nA reference in part 3A to an internal agency review includes a reference to a review carried out by the chief executive (child safety) under the Child Protection Act 1999 , chapter 7A, as in force from time to time before the commencement of the Child Death Review Legislation Amendment Act 2019 .\nIn this section—\nchief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.\ns 49 prev s 49 exp 1 January 2015 (see s 49(4))\npres s 49 ins 2020 No. 2 s 27\n(sec.49-ssec.1) A reference in part 3A to an internal agency review includes a reference to a review carried out by the chief executive (child safety) under the Child Protection Act 1999 , chapter 7A, as in force from time to time before the commencement of the Child Death Review Legislation Amendment Act 2019 .\n(sec.49-ssec.2) In this section— chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.","sortOrder":110}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2014 Act established the QFCC with a focus on systemic oversight, advocacy, research, and a child death register. Subsequent amendments — particularly the 2020 amendments — substantially expanded scope by adding the entire Child Death Review Board framework (Part 3A), including new governance structures, independent review powers, information-sharing regimes, and reporting obligations. The 2024 amendments further expanded the Commission's functions by linking it to the Child Safe Organisations Act 2024. The Act has grown considerably beyond its original oversight-and-research focus to encompass a quasi-inquisitorial review function for child deaths connected to the protection system."},"complexity_factors":["Multiple interlocking bodies (Commission, Child Death Review Board, Advisory Councils) with overlapping but distinct functions","Frequent cross-references to numerous other Acts (Child Protection Act 1999, Coroners Act 2003, Crime and Corruption Act 2001, Financial Accountability Act 2009, Public Sector Act 2022, Child Safe Organisations Act 2024, and more)","Nuanced independence provisions — Board is independent of Ministerial direction except in 'exceptional circumstances' under s.29I, which carves out an exception to the general independence rule in s.29F","Complex information-sharing regime with conditional obligations, privacy protections, privilege carve-outs, and liability protections (Division 5 of Part 3A)","Detailed governance rules for the Board including quorum requirements (must include at least 1 Aboriginal/Torres Strait Islander person), proxy attendance rules, conflict of interest disclosure, and circular resolution procedures","Multiple reporting obligations with different triggers, timelines, and tabling requirements","Significant amendments post-2014 (2020, 2022, 2023, 2024) have added substantial new content, creating a layered structure that is harder to read as a coherent whole","Aboriginal and Torres Strait Islander representation requirements embedded throughout multiple provisions in ways that interact with appointment and quorum rules"],"plain_english_summary":"The Family and Child Commission Act 2014 creates the independent Queensland Family and Child Commission to monitor and improve the state’s child protection system, advise government, run research and community education, and maintain a Child Death Register. It also establishes a Child Death Review Board to examine systemic failures after deaths of children connected to the system. It affects service providers, researchers and families indirectly; at least one Commissioner must be Aboriginal or Torres Strait Islander."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.15(1)(b) and sec.15(4)","severity":"high","reasoning":"Section 15(1)(b) explicitly states the office 'becomes vacant' during a suspension period. A vacancy triggers replacement mechanisms. This means a suspended commissioner loses office immediately upon suspension, making the subsequent removal procedure under s.15(2)-(3) redundant and rendering the suspension mechanism effectively a termination mechanism, contrary to its stated interim purpose.","confidence":0.82,"description":"A suspension under s.15(4) causes a vacancy in office under s.15(1)(b), yet the suspension provision in s.15(4) is designed as a temporary measure pending investigation or removal proceedings. If suspension automatically creates a vacancy, the office is effectively terminated without the removal process in s.15(2)-(3) being completed, defeating the purpose of suspension as a distinct interim measure."},{"type":"self_contradicting","section":"sec.9(2) and sec.23(1)(a)","severity":"medium","reasoning":"The prohibition in s.9(2) is absolute regarding individual cases, yet meaningful engagement with particular children and families (as required by s.23(1)(a)) necessarily involves engaging with their individual circumstances. The line between systemic engagement and prohibited individual advocacy/investigation is undefined and potentially impossible to maintain consistently.","confidence":0.65,"description":"Section 9(2) prohibits the commission from investigating circumstances of a particular child, young person or family or advocating on their behalf. However, s.23(1)(a) requires commissioners to 'engage with, and take account of, the views of children, young people and their families' when performing functions. Engaging with and taking account of the views of particular children and families in performing systemic functions creates tension with the prohibition on individual advocacy."},{"type":"self_contradicting","section":"sec.29F(2)(b) and sec.22","severity":"medium","reasoning":"The Act establishes board independence from ministerial direction (s.29F), then carves out mandatory compliance with ministerial requests (s.29I), creating a regime where 'independence' exists only when the Minister chooses not to exercise the override power. The independence guarantee is therefore illusory and internally contradicted.","confidence":0.78,"description":"Section 29F(2)(b) states that '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.' However, s.29I(3) then requires the board to comply with Ministerial requests for reviews, and s.29I(5) states this applies 'despite section 29F'. This creates a layered contradiction: s.29F overrides s.22, but s.29I overrides s.29F, meaning ministerial direction is simultaneously excluded and required."},{"type":"impossible_compliance","section":"sec.29ZF","severity":"high","reasoning":"With only the minimum of 1 Aboriginal or Torres Strait Islander member required, any absence of that member makes it structurally impossible to achieve quorum, potentially paralysing the board entirely. The Act provides no mechanism to deal with this scenario.","confidence":0.88,"description":"The quorum requirement mandates 'at least half of the board members, including at least 1 member who is an Aboriginal or Torres Strait Islander person.' However, the board consists of the chairperson and up to 11 other members (s.29V), and s.29X(7) only requires 'at least 1' Aboriginal or Torres Strait Islander person on the board. If the single Aboriginal or Torres Strait Islander member is absent, ill, or has vacated office and a replacement has not yet been appointed, quorum can never be achieved, making valid board meetings impossible."},{"type":"self_contradicting","section":"sec.29ZH(6) and sec.29ZF","severity":"medium","reasoning":"The Act mandates Aboriginal/Torres Strait Islander participation for quorum at meetings but the out-of-session resolution mechanism has no such requirement, creating an inconsistency that undermines the mandatory representation policy.","confidence":0.85,"description":"Section 29ZH(6) allows a valid resolution without a meeting if 'at least half of the board members give written agreement.' However, s.29ZF requires quorum to include 'at least 1 member who is an Aboriginal or Torres Strait Islander person.' The out-of-session resolution mechanism in s.29ZH(6) contains no equivalent requirement for Aboriginal or Torres Strait Islander participation, meaning the mandatory cultural representation requirement can be bypassed entirely through written resolutions."},{"type":"other","section":"sec.29ZK(2)(c) and sec.29ZF","severity":"low","reasoning":"The proxy mechanism allows participation but not vote and not quorum contribution, making it useful only for information gathering. Combined with the strict quorum requirements of s.29ZF, attendance by proxy of the required Aboriginal/Torres Strait Islander member would not satisfy quorum, potentially defeating the purpose of the proxy provision.","confidence":0.72,"description":"Section 29ZK(2)(c) provides that a proxy holder 'is not counted for the purpose of deciding whether a quorum is present.' This means if board members are attending only by proxy, the quorum requirement under s.29ZF cannot be met regardless of how many proxies attend. The proxy attendance provision is therefore of limited utility and creates an absurd situation where a meeting can be attended by many proxy holders but still lack quorum."},{"type":"other","section":"sec.29ZD(2) and sec.29X(4)(a)","severity":"low","reasoning":"The automatic vacation of office upon conviction (through the ineligibility trigger) renders the mandatory notification provision largely purposeless, though it may have marginal utility in ensuring the Minister is formally notified of the vacancy trigger.","confidence":0.68,"description":"Section 29ZD requires a board member convicted of an indictable offence to 'immediately give notice of the conviction to the Minister.' However, under s.29X(4)(a), having a conviction for an indictable offence renders a person ineligible for appointment, and s.29ZB(1)(a)(iii) provides the office becomes vacant if a member 'becomes ineligible for appointment under section 29X(4).' The notification obligation is therefore practically redundant — the member's office automatically vacates upon conviction, making the notice requirement a compliance obligation attached to a person who has simultaneously lost their position."},{"type":"other","section":"sec.29W(1) and sec.29Y(3)","severity":"low","reasoning":"The Act deliberately requires a commissioner as chairperson (presumably for accountability and expertise reasons) but then mandates that the deputy must not be a commissioner, meaning the substitute leader will always be a non-commissioner. This is a logical inconsistency in the leadership design.","confidence":0.7,"description":"Section 29W(1) requires the Minister to appoint the principal commissioner or another commissioner as chairperson of the board. Section 29Y(3) prohibits the Minister from appointing a board member who is a commissioner as deputy chairperson. This creates a structural gap: if the chairperson (who must be a commissioner) is unavailable, the deputy chairperson (who cannot be a commissioner) acts as chairperson under s.29Y(6), meaning a non-commissioner leads the board in that circumstance, potentially inconsistent with the rationale for requiring a commissioner as chair."},{"type":"impossible_compliance","section":"sec.29ZC(4)","severity":"low","reasoning":"The 'no longer needed' threshold is undefined and potentially irreconcilable with ongoing oversight responsibilities for current members, making compliance with the destruction obligation ambiguous.","confidence":0.6,"description":"Section 29ZC(4) requires the Minister to '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.' However, the Minister may request criminal history reports for existing board members as well as prospective appointees (s.29ZC(1)(b)). If a report relates to a current board member, determining when it is 'no longer needed' is unclear — it may be needed throughout the member's term and for any subsequent appointment considerations. The destruction obligation may conflict with basic record-keeping requirements under public administration law."}],"contradictions":[{"severity":"high","section_a":"sec.22(1)-(2)","section_b":"sec.29F(2)(b)","confidence":0.9,"description":"Section 22 requires commissioners to be subject to ministerial directions and to comply with those directions. Section 29F(2)(b) expressly carves out commissioners from ministerial direction when performing functions as board chairperson or member. A commissioner simultaneously holds both roles and must determine which obligation applies, creating an irreconcilable conflict when the Minister issues a direction to a commissioner who is also board chairperson."},{"severity":"medium","section_a":"sec.29F(1)-(2)","section_b":"sec.29I(3) and sec.29I(5)","confidence":0.85,"description":"Section 29F establishes that the board is not subject to direction by the Minister or anyone else about how it performs its functions. Section 29I(3) requires the board to comply with ministerial requests for reviews, and s.29I(5) states this applies 'despite section 29F.' The independence guarantee in s.29F is substantively negated by the mandatory compliance obligation in s.29I, making the independence declaration misleading."},{"severity":"medium","section_a":"sec.9(1)(b)(ii)","section_b":"sec.9(2)","confidence":0.65,"description":"Section 9(1)(b)(ii) gives the commission a function to promote and advocate 'the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system.' Section 9(2) states it is not a function of the commission to 'advocate on their behalf' in relation to particular children. Advocacy for children in the youth justice system as a class necessarily involves cases that blur into individual advocacy, creating an unclear and potentially contradictory boundary."},{"severity":"high","section_a":"sec.29A(3)","section_b":"sec.29H(4)(a)","confidence":0.8,"description":"Section 29A(3) states that board reviews 'do not include an investigation of the death of any particular child.' Section 29H(4)(a) permits the board to consider 'services that were provided to a child or a child's family before the child's death.' Examining services provided to a specific child before their specific death is functionally indistinguishable from investigating the circumstances of that particular child's death."},{"severity":"medium","section_a":"sec.29K(4)","section_b":"sec.29K(2)","confidence":0.78,"description":"Section 29K(2) states the board 'may give a report to the Minister' — publication to the Minister is optional. Section 29K(4) prohibits the board from publishing a report to the public if it contains personal information, prejudicial information, or recommendations under s.29D(d), 'unless the Minister has tabled the report.' If the board chooses not to give the report to the Minister (as permitted by s.29K(2)), the Minister can never table it, and the board is permanently prohibited from publishing it, creating an effective suppression mechanism for board reports with no resolution pathway."},{"severity":"low","section_a":"sec.29L(2)(b)","section_b":"sec.29M(2)","confidence":0.55,"description":"Section 29L(2)(b) requires that where an entity makes a submission about adverse information, the board must include the entity's submission or a fair summary in any published report. Section 29M(2) prohibits the board from including its responses to internal agency review reports in any report or document published to the public. If the board responds to an internal agency review and an entity makes a submission, there is no clear mechanism to include the required submission in a document that the board is prohibited from publishing."},{"severity":"low","section_a":"sec.11(5)","section_b":"sec.17(2)","confidence":0.55,"description":"Section 11(5) requires 'at least 1 person recommended by the Minister for appointment as a commissioner must be an Aboriginal person or a Torres Strait Islander.' Section 17(2) provides that a person cannot be appointed to act as commissioner unless the Minister could recommend them under s.11. If both commissioners are Aboriginal or Torres Strait Islander persons and one is absent, s.17(2) requires that any acting commissioner also satisfies s.11 criteria, but s.11(5) is a compositional requirement for the pair of commissioners — applying it to a single acting appointment creates ambiguity about whether an acting commissioner must themselves be Aboriginal or Torres Strait Islander."}]},"kimi_summary":{"_metrics":{"completionTokens":526},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2014 scope. The 2020 amendments added Part 3A establishing the Child Death Review Board — a substantial new body with independent functions. The 2024 amendments further expanded the Commission's functions to include oversight under the Child Safe Organisations Act 2024, requiring additional annual reporting on child safe entity compliance and investigation trends."},"complexity_factors":["Multiple overlapping bodies with distinct but related functions (Commission vs Child Death Review Board)","Extensive cross-referencing with other Queensland legislation (Child Protection Act 1999, Child Safe Organisations Act 2024, Coroners Act 2003, etc.)","Detailed membership requirements for the Child Death Review Board including mandatory Indigenous representation and diversity quotas","Conditional information-sharing provisions with multiple exceptions and privacy safeguards","Nested subsections with up to 6 levels of numbering in some provisions","Transitional provisions preserving arrangements from predecessor legislation"],"plain_english_summary":"This Queensland Act establishes the **Queensland Family and Child Commission** — an independent body that oversees and improves the child protection system.\n\n**What it does:**\n- **Creates the Commission** with two commissioners (one must be Aboriginal or Torres Strait Islander), led by a principal commissioner\n- **Sets the Commission's job**: promote children's safety and wellbeing, advocate for families and communities, research child protection issues, advise government agencies, and improve how the system works\n- **Keeps a child death register**: the principal commissioner collects and analyses information about child deaths to identify patterns and recommend prevention strategies\n- **Establishes the Child Death Review Board** (added in 2020): conducts systemic reviews of child deaths connected to the child protection system to find ways to prevent future deaths\n- **Protects confidential information** with strict rules about who can access and share it\n\n**Who it affects:**\n- Children and families in Queensland's child protection system\n- Government agencies delivering child safety services\n- Community organisations working with vulnerable children\n- Researchers studying child welfare\n\n**Key limits:**\n- The Commission **cannot** investigate individual cases or advocate for specific children — it works at the *system* level\n- The Child Death Review Board **cannot** investigate individual deaths or recommend disciplinary action against people\n\n**Why it matters:** It provides independent oversight of Queensland's child protection system, aiming to prevent child deaths and improve outcomes through research, advocacy, and systemic reform rather than case-by-case intervention."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded beyond oversight and advocacy to include operational data functions and formal system reviews. The principal commissioner must keep a child‑death register and can request and share confidential information for research and prevention work (pt.3, ss.25–29). The 2020 insertions establish an independent Child Death Review Board with statutory review, information‑sharing and protection powers (pt.3A, ss.29A–29T). Later amendments integrate functions under the Child Safe Organisations Act 2024 (s.9(1A), s.18, s.40), further broadening the commission’s statutory duties and interagency interactions."},"complexity_factors":["Multiple institutional interfaces: the commission is treated as a unit of public administration and a statutory body under other Acts (s.8), and its functions link to the Child Safe Organisations Act 2024 (s.9(1A), s.18, s.40).","Extensive information‑sharing rules with exceptions and privacy safeguards: principal commissioner requests (s.27), researcher access with consent and conditions (s.28), chairperson requests and disclosures for the Board (s.29P–29Q), and interaction/override rules (s.29S).","Confidentiality regime and criminal/penalty exposure: prohibitions and permitted disclosures (s.36–s.37) with specified maximum penalties; separate protections for persons giving information to the Board (s.29T) and defamation protections for reports (s.29U, s.29(6)).","Ministerial control versus board independence tension: commissioners are subject to Ministerial directions (s.22), while the Child Death Review Board must act independently and is not subject to direction (s.29F), though the Minister may request specific reviews in exceptional circumstances (s.29I).","Layered appointment, tenure and termination rules: two commissioners with a principal commissioner, Indigenous appointment requirement, terms up to 3 years, remuneration rules, and grounds/procedures for suspension or removal (ss.11, 13–15, 14).","Creation of a specialist review body with procedural rules: establishment of the Child Death Review Board, its membership, quorum, meeting, reporting and consultation obligations (pt.3A, ss.29C–29ZH, 29J–29L).","Reporting and transparency obligations: annual reports, tabling deadlines and required contents for both principal commissioner (s.29, s.40) and the Board (s.29J), with constraints on including adverse comments about identifiable entities (s.29(3)–(5), s.29L).","Cross‑reference and amendment history: multiple inserted/amended provisions (noted insertions in 2020 and 2024) create interdependencies and affect scope and duties (see s.9 amd 2020 No.2 s.16; s.9(1A) amd 2024 No.49 s.120).","Transitional and continuity provisions for a predecessor body and register, requiring careful interpretation for legacy material and data migration (pt.6, ss.44–48).","Operational detail left to executive decision: extensive delegation, remuneration and procedural matters are left to Governor in Council, the Minister or the principal commissioner (ss.14, 22, 31, 34, 38)."],"plain_english_summary":"Creates the Queensland Family and Child Commission: a statutory body led by two commissioners to oversee and advise on the child protection system, maintain a child‑death register, carry out system‑level research and reporting, and promote child safety. The Act gives the commission commercial powers (contracts, property, consultants), authority to request confidential information from public and private entities, sets appointment, removal and reporting rules, and establishes an independent Child Death Review Board. It principally affects government agencies, service providers, researchers and the commissioners themselves."}},"importantCases":[],"_links":{"self":"/api/acts/family-and-child-commission-act-2014","history":"/api/acts/family-and-child-commission-act-2014/history","analysis":"/api/acts/family-and-child-commission-act-2014/analysis","conflicts":"/api/acts/family-and-child-commission-act-2014/conflicts","importantCases":"/api/acts/family-and-child-commission-act-2014/important-cases","documents":"/api/acts/family-and-child-commission-act-2014/documents"}}