{"id":"qld:act-2008-009","name":"Family Responsibilities Commission Act 2008","slug":"family-responsibilities-commission-act-2008","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"9 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30222,"registerId":"qld-act-2008-009-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 Responsibilities Commission Act 2008 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than the following provisions, commences on a day to be fixed by proclamation—\nsection 6 ;\nsection 94 ;\nschedule, to the extent it inserts the definitions compulsory school age , education chief executive , non-State school , school and State school .\n- (a) section 6 ;\n- (b) section 94 ;\n- (c) schedule, to the extent it inserts the definitions compulsory school age , education chief executive , non-State school , school and State school .","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, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nSubsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.\n(sec.3-ssec.1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.3-ssec.2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Objects and principles of Act","content":"## Objects and principles of Act","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Main objects","content":"### sec.4 Main objects\n\nThe main objects of this Act are—\nto support the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and\nto help people in welfare reform community areas to resume primary responsibility for the wellbeing of their community and the individuals and families of the community.\nThe objects are to be achieved mainly by establishing the Family Responsibilities Commission—\nto hold conferences about agency notices; and\nto deal with the matters to which the notices relate in a way that—\nencourages community members the subject of a conference to engage in socially responsible standards of behaviour; and\npromotes the interests, rights and wellbeing of children and other vulnerable persons living in a welfare reform community area.\n(sec.4-ssec.1) The main objects of this Act are— to support the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and to help people in welfare reform community areas to resume primary responsibility for the wellbeing of their community and the individuals and families of the community.\n(sec.4-ssec.2) The objects are to be achieved mainly by establishing the Family Responsibilities Commission— to hold conferences about agency notices; and to deal with the matters to which the notices relate in a way that— encourages community members the subject of a conference to engage in socially responsible standards of behaviour; and promotes the interests, rights and wellbeing of children and other vulnerable persons living in a welfare reform community area.\n- (a) to support the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and\n- (b) to help people in welfare reform community areas to resume primary responsibility for the wellbeing of their community and the individuals and families of the community.\n- (a) to hold conferences about agency notices; and\n- (b) to deal with the matters to which the notices relate in a way that— (i) encourages community members the subject of a conference to engage in socially responsible standards of behaviour; and (ii) promotes the interests, rights and wellbeing of children and other vulnerable persons living in a welfare reform community area.\n- (i) encourages community members the subject of a conference to engage in socially responsible standards of behaviour; and\n- (ii) promotes the interests, rights and wellbeing of children and other vulnerable persons living in a welfare reform community area.\n- (i) encourages community members the subject of a conference to engage in socially responsible standards of behaviour; and\n- (ii) promotes the interests, rights and wellbeing of children and other vulnerable persons living in a welfare reform community area.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Principles for administering Act","content":"### sec.5 Principles for administering Act\n\nThe Act is to be administered under the principle that the wellbeing and best interests of a child are paramount.\nSubject to subsection (1) , this Act is also to be administered under the following principles—\nin a conference about an agency notice, the commission should deal with the matters to which the notice relates in a way that—\nfacilitates early intervention in relation to the matters; and\nsupports the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and\nmakes appropriate use of community support services;\nin a conference about an agency notice involving a child, the child’s views and wishes should be taken into account in a way that has regard to the child’s age and ability to understand;\nAboriginal tradition and Island custom must be taken into account in matters involving Aboriginal people or Torres Strait Islanders;\nthe commission should deal with agency notices in a timely way.\n(sec.5-ssec.1) The Act is to be administered under the principle that the wellbeing and best interests of a child are paramount.\n(sec.5-ssec.2) Subject to subsection (1) , this Act is also to be administered under the following principles— in a conference about an agency notice, the commission should deal with the matters to which the notice relates in a way that— facilitates early intervention in relation to the matters; and supports the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and makes appropriate use of community support services; in a conference about an agency notice involving a child, the child’s views and wishes should be taken into account in a way that has regard to the child’s age and ability to understand; Aboriginal tradition and Island custom must be taken into account in matters involving Aboriginal people or Torres Strait Islanders; the commission should deal with agency notices in a timely way.\n- (a) in a conference about an agency notice, the commission should deal with the matters to which the notice relates in a way that— (i) facilitates early intervention in relation to the matters; and (ii) supports the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and (iii) makes appropriate use of community support services;\n- (i) facilitates early intervention in relation to the matters; and\n- (ii) supports the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and\n- (iii) makes appropriate use of community support services;\n- (b) in a conference about an agency notice involving a child, the child’s views and wishes should be taken into account in a way that has regard to the child’s age and ability to understand;\n- (c) Aboriginal tradition and Island custom must be taken into account in matters involving Aboriginal people or Torres Strait Islanders;\n- (d) the commission should deal with agency notices in a timely way.\n- (i) facilitates early intervention in relation to the matters; and\n- (ii) supports the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and\n- (iii) makes appropriate use of community support services;","sortOrder":7},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of community member","content":"### sec.7 Meaning of community member\n\nA person is a community member if—\nthe person is a welfare recipient; and\neither—\nthe person’s usual place of residence is, or was on the commencement of this section, in a welfare reform community area; or\nthe person has, at any time after the commencement of this section, lived in a welfare reform community area for at least 3 months.\n- (a) the person is a welfare recipient; and\n- (b) either— (i) the person’s usual place of residence is, or was on the commencement of this section, in a welfare reform community area; or (ii) the person has, at any time after the commencement of this section, lived in a welfare reform community area for at least 3 months.\n- (i) the person’s usual place of residence is, or was on the commencement of this section, in a welfare reform community area; or\n- (ii) the person has, at any time after the commencement of this section, lived in a welfare reform community area for at least 3 months.\n- (i) the person’s usual place of residence is, or was on the commencement of this section, in a welfare reform community area; or\n- (ii) the person has, at any time after the commencement of this section, lived in a welfare reform community area for at least 3 months.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of welfare recipient","content":"### sec.8 Meaning of welfare recipient\n\nA person is a welfare recipient if—\nunder the Social Security Administration Act , part 3B , the person or the person’s partner is an eligible recipient of a category P welfare payment; or\nunder the Social Security Administration Act , part 3B , neither the person nor the person’s partner is an eligible recipient of a category P welfare payment, but the person or the person’s partner is an eligible recipient of a category R welfare payment.\ns 8 amd 2011 No. 35 s 3 ; 2015 No. 30 s 2 sch 1\n- (a) under the Social Security Administration Act , part 3B , the person or the person’s partner is an eligible recipient of a category P welfare payment; or\n- (b) under the Social Security Administration Act , part 3B , neither the person nor the person’s partner is an eligible recipient of a category P welfare payment, but the person or the person’s partner is an eligible recipient of a category R welfare payment.","sortOrder":11},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Meaning of welfare reform community area","content":"### sec.8A Meaning of welfare reform community area\n\nA welfare reform community area is an area prescribed by regulation as a welfare reform community area.\nBefore recommending to the Governor in Council that an area be prescribed as a welfare reform community area the Minister must have regard to the main objects of this Act.\ns 8A ins 2014 No. 54 s 4\n(sec.8A-ssec.1) A welfare reform community area is an area prescribed by regulation as a welfare reform community area.\n(sec.8A-ssec.2) Before recommending to the Governor in Council that an area be prescribed as a welfare reform community area the Minister must have regard to the main objects of this Act.","sortOrder":12},{"sectionNumber":"pt.2","sectionType":"part","heading":"The Family Responsibilities Commission","content":"# The Family Responsibilities Commission","sortOrder":13},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment, functions and powers of commission","content":"## Establishment, functions and powers of commission","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Establishment of commission","content":"### sec.9 Establishment of commission\n\nThe Family Responsibilities Commission is established.","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Commission’s functions","content":"### sec.10 Commission’s functions\n\nThe commission has the following functions—\nto hold conferences and make decisions under this Act about agency notices in relation to community members;\nto deal with, under part 7 , division 2 , a person’s noncompliance with a case plan;\nto hear applications to the commission to amend or end a family responsibilities agreement or family responsibilities order.\nThe commission also has the other functions given to the commission under this or another Act.\ns 10 amd 2010 No. 42 s 50\n(sec.10-ssec.1) The commission has the following functions— to hold conferences and make decisions under this Act about agency notices in relation to community members; to deal with, under part 7 , division 2 , a person’s noncompliance with a case plan; to hear applications to the commission to amend or end a family responsibilities agreement or family responsibilities order.\n(sec.10-ssec.2) The commission also has the other functions given to the commission under this or another Act.\n- (a) to hold conferences and make decisions under this Act about agency notices in relation to community members;\n- (b) to deal with, under part 7 , division 2 , a person’s noncompliance with a case plan;\n- (c) to hear applications to the commission to amend or end a family responsibilities agreement or family responsibilities order.","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Commission’s powers","content":"### sec.11 Commission’s powers\n\nThe commission has the powers necessary or convenient to perform the commission’s functions.\nThe commission also has the other powers given to the commission under this or another Act.\n(sec.11-ssec.1) The commission has the powers necessary or convenient to perform the commission’s functions.\n(sec.11-ssec.2) The commission also has the other powers given to the commission under this or another Act.","sortOrder":17},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Membership of commission","content":"### sec.12 Membership of commission\n\nThe members of the commission are—\nthe commissioner; and\nthe deputy commissioners, if deputy commissioners are appointed; and\nthe local commissioners.\nThe commission members are to be appointed by the Governor in Council.\nThe Minister may recommend to the Governor in Council for appointment as many deputy commissioners or local commissioners as the Minister considers necessary to ensure the effective and efficient operation of the commission.\nA local commissioner is to be appointed as a local commissioner for a particular welfare reform community area.\nAll commission members are appointed under this Act and not the Public Sector Act 2022 .\ns 12 amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.12-ssec.1) The members of the commission are— the commissioner; and the deputy commissioners, if deputy commissioners are appointed; and the local commissioners.\n(sec.12-ssec.2) The commission members are to be appointed by the Governor in Council.\n(sec.12-ssec.3) The Minister may recommend to the Governor in Council for appointment as many deputy commissioners or local commissioners as the Minister considers necessary to ensure the effective and efficient operation of the commission.\n(sec.12-ssec.4) A local commissioner is to be appointed as a local commissioner for a particular welfare reform community area.\n(sec.12-ssec.5) All commission members are appointed under this Act and not the Public Sector Act 2022 .\n- (a) the commissioner; and\n- (b) the deputy commissioners, if deputy commissioners are appointed; and\n- (c) the local commissioners.","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Selection of commissioner and deputy commissioners","content":"### sec.13 Selection of commissioner and deputy commissioners\n\nBefore selecting a person for recommendation to the Governor in Council for appointment as the commissioner or a deputy commissioner, the Minister must consult with the board about the proposed appointment.","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Selection of local commissioners","content":"### sec.14 Selection of local commissioners\n\nThis section applies for selecting persons for recommendation to the Governor in Council for appointment as local commissioners for a welfare reform community area.\nThe Minister must ask the community justice group for the area, or if there is no community justice group for the area, as many relevant community groups for the area as the Minister considers appropriate, to nominate persons the group or groups consider suitable for appointment as local commissioners for the area.\nIn nominating a person under this section, a community justice group or relevant community group—\nmust have regard to the matters mentioned in section 18 about a person’s eligibility for appointment as a local commissioner; and\nmust give the Minister a notice stating the group is satisfied the person is a suitable person to perform the duties of a local commissioner.\nA person nominated by a community justice group or relevant community group may, but need not be, a member of the group.\nIf the Minister considers not enough eligible persons are nominated for appointment as local commissioners for a welfare reform community area, the Minister may nominate persons the Minister considers suitable for appointment.\nIn selecting persons for recommendation to the Governor in Council for appointment as local commissioners for a welfare reform community area, the Minister must—\nif practicable—\nensure the local commissioners for the area represent the clan or family groups in the area; and\nsubject to subsection (5) , only select persons nominated by a community justice group or relevant community group; and\nhave regard to the need to have both male and female local commissioners for conferences.\n(sec.14-ssec.1) This section applies for selecting persons for recommendation to the Governor in Council for appointment as local commissioners for a welfare reform community area.\n(sec.14-ssec.2) The Minister must ask the community justice group for the area, or if there is no community justice group for the area, as many relevant community groups for the area as the Minister considers appropriate, to nominate persons the group or groups consider suitable for appointment as local commissioners for the area.\n(sec.14-ssec.3) In nominating a person under this section, a community justice group or relevant community group— must have regard to the matters mentioned in section 18 about a person’s eligibility for appointment as a local commissioner; and must give the Minister a notice stating the group is satisfied the person is a suitable person to perform the duties of a local commissioner.\n(sec.14-ssec.4) A person nominated by a community justice group or relevant community group may, but need not be, a member of the group.\n(sec.14-ssec.5) If the Minister considers not enough eligible persons are nominated for appointment as local commissioners for a welfare reform community area, the Minister may nominate persons the Minister considers suitable for appointment.\n(sec.14-ssec.6) In selecting persons for recommendation to the Governor in Council for appointment as local commissioners for a welfare reform community area, the Minister must— if practicable— ensure the local commissioners for the area represent the clan or family groups in the area; and subject to subsection (5) , only select persons nominated by a community justice group or relevant community group; and have regard to the need to have both male and female local commissioners for conferences.\n- (a) must have regard to the matters mentioned in section 18 about a person’s eligibility for appointment as a local commissioner; and\n- (b) must give the Minister a notice stating the group is satisfied the person is a suitable person to perform the duties of a local commissioner.\n- (a) if practicable— (i) ensure the local commissioners for the area represent the clan or family groups in the area; and (ii) subject to subsection (5) , only select persons nominated by a community justice group or relevant community group; and\n- (i) ensure the local commissioners for the area represent the clan or family groups in the area; and\n- (ii) subject to subsection (5) , only select persons nominated by a community justice group or relevant community group; and\n- (b) have regard to the need to have both male and female local commissioners for conferences.\n- (i) ensure the local commissioners for the area represent the clan or family groups in the area; and\n- (ii) subject to subsection (5) , only select persons nominated by a community justice group or relevant community group; and","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Term of appointment","content":"### sec.15 Term of appointment\n\nA commission member is appointed for the term stated in the member’s instrument of appointment.","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Conditions of appointment","content":"### sec.16 Conditions of appointment\n\nA commission member is to be paid the remuneration and allowances decided by the Governor in Council.\nA commission member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.16-ssec.1) A commission member is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.16-ssec.2) A commission member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Eligibility for appointment as commissioner or deputy commissioner","content":"### sec.17 Eligibility for appointment as commissioner or deputy commissioner\n\nA person is eligible for appointment as the commissioner or a deputy commissioner only if—\nthe person is a lawyer of a least 5 years standing; and\nthe Minister considers the person has an appropriate understanding of the history and culture of Aboriginal people and Torres Strait Islanders; and\nthe Minister considers the person has—\nappropriate experience in mediation or alternative dispute resolution; or\nother knowledge or experience making the person appropriate to be the commissioner or a deputy commissioner.\n- (a) the person is a lawyer of a least 5 years standing; and\n- (b) the Minister considers the person has an appropriate understanding of the history and culture of Aboriginal people and Torres Strait Islanders; and\n- (c) the Minister considers the person has— (i) appropriate experience in mediation or alternative dispute resolution; or (ii) other knowledge or experience making the person appropriate to be the commissioner or a deputy commissioner.\n- (i) appropriate experience in mediation or alternative dispute resolution; or\n- (ii) other knowledge or experience making the person appropriate to be the commissioner or a deputy commissioner.\n- (i) appropriate experience in mediation or alternative dispute resolution; or\n- (ii) other knowledge or experience making the person appropriate to be the commissioner or a deputy commissioner.","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Eligibility for appointment as local commissioner","content":"### sec.18 Eligibility for appointment as local commissioner\n\nA person is eligible for appointment as a local commissioner only if—\nthe person is an Aboriginal person or Torres Strait Islander who—\nis a member of a community justice group or relevant community group; or\nis an elder or other respected person of a welfare reform community area; or\nis another person who the Minister is satisfied is of good standing and lives in, or has a close connection with, a welfare reform community area; and\nthe Minister is satisfied the person is a suitable person to perform the duties of a local commissioner.\n- (a) the person is an Aboriginal person or Torres Strait Islander who— (i) is a member of a community justice group or relevant community group; or (ii) is an elder or other respected person of a welfare reform community area; or (iii) is another person who the Minister is satisfied is of good standing and lives in, or has a close connection with, a welfare reform community area; and\n- (i) is a member of a community justice group or relevant community group; or\n- (ii) is an elder or other respected person of a welfare reform community area; or\n- (iii) is another person who the Minister is satisfied is of good standing and lives in, or has a close connection with, a welfare reform community area; and\n- (b) the Minister is satisfied the person is a suitable person to perform the duties of a local commissioner.\n- (i) is a member of a community justice group or relevant community group; or\n- (ii) is an elder or other respected person of a welfare reform community area; or\n- (iii) is another person who the Minister is satisfied is of good standing and lives in, or has a close connection with, a welfare reform community area; and","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Disqualification from being commissioner or deputy commissioner","content":"### sec.19 Disqualification from being commissioner or deputy commissioner\n\nA person can not become, or continue as, the commissioner or a deputy commissioner if—\nthe person—\nis, or has been, convicted of an offence and the conviction is not a spent conviction; or\nis an insolvent under administration within the meaning of the Corporations Act , section 9 ; or\nis a public service employee, a police officer or an employee of the Commonwealth public service; or\nat any time after 5 years before the commencement of this section, a protection order has been made against the person; or\nthe Minister has received a notice from the child protection chief executive under section 28 advising the Minister that the child protection chief executive considers the person may pose a risk to a child’s safety.\nAlso, a person can not become the commissioner or a deputy commissioner if the person does not consent to the Minister requesting—\na report about the person’s criminal history and domestic violence history under section 27 ; or\na notice about the person under section 28 .\nIn this section—\noffence means—\nan indictable offence; or\nan offence under the Drugs Misuse Act 1986 , other than an indictable offence; or\nan offence under the Liquor Act 1992 , section 168B .\n(sec.19-ssec.1) A person can not become, or continue as, the commissioner or a deputy commissioner if— the person— is, or has been, convicted of an offence and the conviction is not a spent conviction; or is an insolvent under administration within the meaning of the Corporations Act , section 9 ; or is a public service employee, a police officer or an employee of the Commonwealth public service; or at any time after 5 years before the commencement of this section, a protection order has been made against the person; or the Minister has received a notice from the child protection chief executive under section 28 advising the Minister that the child protection chief executive considers the person may pose a risk to a child’s safety.\n(sec.19-ssec.2) Also, a person can not become the commissioner or a deputy commissioner if the person does not consent to the Minister requesting— a report about the person’s criminal history and domestic violence history under section 27 ; or a notice about the person under section 28 .\n(sec.19-ssec.3) In this section— offence means— an indictable offence; or an offence under the Drugs Misuse Act 1986 , other than an indictable offence; or an offence under the Liquor Act 1992 , section 168B .\n- (a) the person— (i) is, or has been, convicted of an offence and the conviction is not a spent conviction; or (ii) is an insolvent under administration within the meaning of the Corporations Act , section 9 ; or (iii) is a public service employee, a police officer or an employee of the Commonwealth public service; or\n- (i) is, or has been, convicted of an offence and the conviction is not a spent conviction; or\n- (ii) is an insolvent under administration within the meaning of the Corporations Act , section 9 ; or\n- (iii) is a public service employee, a police officer or an employee of the Commonwealth public service; or\n- (b) at any time after 5 years before the commencement of this section, a protection order has been made against the person; or\n- (c) the Minister has received a notice from the child protection chief executive under section 28 advising the Minister that the child protection chief executive considers the person may pose a risk to a child’s safety.\n- (i) is, or has been, convicted of an offence and the conviction is not a spent conviction; or\n- (ii) is an insolvent under administration within the meaning of the Corporations Act , section 9 ; or\n- (iii) is a public service employee, a police officer or an employee of the Commonwealth public service; or\n- (a) a report about the person’s criminal history and domestic violence history under section 27 ; or\n- (b) a notice about the person under section 28 .\n- (a) an indictable offence; or\n- (b) an offence under the Drugs Misuse Act 1986 , other than an indictable offence; or\n- (c) an offence under the Liquor Act 1992 , section 168B .","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Disqualification from being local commissioner","content":"### sec.20 Disqualification from being local commissioner\n\nA person can not become, or continue as, a local commissioner if—\nthe person—\nis, or has been, convicted of a serious offence and the conviction is not a spent conviction; or\nis an insolvent under administration within the meaning of the Corporations Act , section 9 ; or\nis, or has been, the subject of a family responsibilities agreement or a decision of the commission under section 69 (1) (b) ; or\na protection order has been made against the person at any time during—\n5 years before the person is proposed to be appointed under section 12 (2) ; or\nthe person’s term of appointment; or\nthe Minister has received a notice from the child protection chief executive under section 28 advising the Minister that the child protection chief executive considers the person may pose a risk to a child’s safety.\nAlso, a person can not become a local commissioner if the person does not consent to the Minister requesting—\na report about the person’s criminal history and domestic violence history under section 27 ; or\na notice about the person under section 28 .\nIn this section—\nserious offence means—\na serious violent offence of which an offender is convicted under the Penalties and Sentences Act 1992 , section 161A ; or\na serious offence or a disqualifying offence under the Working with Children Check Act 2000 , other than an offence mentioned in paragraph (a) ; or\nan offence under the Drugs Misuse Act 1986 , other than an offence mentioned in paragraph (a) or (b) ; or\nan offence under the Liquor Act 1992 , section 168B .\ns 20 amd 2014 No. 28 s 105 sch 1 ; 2014 No. 54 s 5 ; 2024 No. 50 s 140 sch 1 ; 2024 No. 49 s 130 s ch 4 pt 1\n(sec.20-ssec.1) A person can not become, or continue as, a local commissioner if— the person— is, or has been, convicted of a serious offence and the conviction is not a spent conviction; or is an insolvent under administration within the meaning of the Corporations Act , section 9 ; or is, or has been, the subject of a family responsibilities agreement or a decision of the commission under section 69 (1) (b) ; or a protection order has been made against the person at any time during— 5 years before the person is proposed to be appointed under section 12 (2) ; or the person’s term of appointment; or the Minister has received a notice from the child protection chief executive under section 28 advising the Minister that the child protection chief executive considers the person may pose a risk to a child’s safety.\n(sec.20-ssec.2) Also, a person can not become a local commissioner if the person does not consent to the Minister requesting— a report about the person’s criminal history and domestic violence history under section 27 ; or a notice about the person under section 28 .\n(sec.20-ssec.3) In this section— serious offence means— a serious violent offence of which an offender is convicted under the Penalties and Sentences Act 1992 , section 161A ; or a serious offence or a disqualifying offence under the Working with Children Check Act 2000 , other than an offence mentioned in paragraph (a) ; or an offence under the Drugs Misuse Act 1986 , other than an offence mentioned in paragraph (a) or (b) ; or an offence under the Liquor Act 1992 , section 168B .\n- (a) the person— (i) is, or has been, convicted of a serious offence and the conviction is not a spent conviction; or (ii) is an insolvent under administration within the meaning of the Corporations Act , section 9 ; or (iii) is, or has been, the subject of a family responsibilities agreement or a decision of the commission under section 69 (1) (b) ; or\n- (i) is, or has been, convicted of a serious offence and the conviction is not a spent conviction; or\n- (ii) is an insolvent under administration within the meaning of the Corporations Act , section 9 ; or\n- (iii) is, or has been, the subject of a family responsibilities agreement or a decision of the commission under section 69 (1) (b) ; or\n- (b) a protection order has been made against the person at any time during— (i) 5 years before the person is proposed to be appointed under section 12 (2) ; or (ii) the person’s term of appointment; or\n- (i) 5 years before the person is proposed to be appointed under section 12 (2) ; or\n- (ii) the person’s term of appointment; or\n- (c) the Minister has received a notice from the child protection chief executive under section 28 advising the Minister that the child protection chief executive considers the person may pose a risk to a child’s safety.\n- (i) is, or has been, convicted of a serious offence and the conviction is not a spent conviction; or\n- (ii) is an insolvent under administration within the meaning of the Corporations Act , section 9 ; or\n- (iii) is, or has been, the subject of a family responsibilities agreement or a decision of the commission under section 69 (1) (b) ; or\n- (i) 5 years before the person is proposed to be appointed under section 12 (2) ; or\n- (ii) the person’s term of appointment; or\n- (a) a report about the person’s criminal history and domestic violence history under section 27 ; or\n- (b) a notice about the person under section 28 .\n- (a) a serious violent offence of which an offender is convicted under the Penalties and Sentences Act 1992 , section 161A ; or\n- (b) a serious offence or a disqualifying offence under the Working with Children Check Act 2000 , other than an offence mentioned in paragraph (a) ; or\n- (c) an offence under the Drugs Misuse Act 1986 , other than an offence mentioned in paragraph (a) or (b) ; or\n- (d) an offence under the Liquor Act 1992 , section 168B .","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Vacation of office","content":"### sec.21 Vacation of office\n\nThe office of a commission member becomes vacant if the member—\nresigns the member’s office by signed notice of resignation given to—\nfor the commissioner or a deputy commissioner—the Minister; or\nfor a local commissioner—the commissioner; or\ncan not continue as a member under section 19 or 20 ; or\nis removed from office by the Governor in Council under subsection (2) .\nThe Governor in Council may remove a commission member from office if the member—\nis incapable of properly discharging the commission’s functions; or\nis performing the member’s duties—\ncarelessly, incompetently or inefficiently; or\nwithout proper regard to the principles stated in section 5 .\n(sec.21-ssec.1) The office of a commission member becomes vacant if the member— resigns the member’s office by signed notice of resignation given to— for the commissioner or a deputy commissioner—the Minister; or for a local commissioner—the commissioner; or can not continue as a member under section 19 or 20 ; or is removed from office by the Governor in Council under subsection (2) .\n(sec.21-ssec.2) The Governor in Council may remove a commission member from office if the member— is incapable of properly discharging the commission’s functions; or is performing the member’s duties— carelessly, incompetently or inefficiently; or without proper regard to the principles stated in section 5 .\n- (a) resigns the member’s office by signed notice of resignation given to— (i) for the commissioner or a deputy commissioner—the Minister; or (ii) for a local commissioner—the commissioner; or\n- (i) for the commissioner or a deputy commissioner—the Minister; or\n- (ii) for a local commissioner—the commissioner; or\n- (b) can not continue as a member under section 19 or 20 ; or\n- (c) is removed from office by the Governor in Council under subsection (2) .\n- (i) for the commissioner or a deputy commissioner—the Minister; or\n- (ii) for a local commissioner—the commissioner; or\n- (a) is incapable of properly discharging the commission’s functions; or\n- (b) is performing the member’s duties— (i) carelessly, incompetently or inefficiently; or (ii) without proper regard to the principles stated in section 5 .\n- (i) carelessly, incompetently or inefficiently; or\n- (ii) without proper regard to the principles stated in section 5 .\n- (i) carelessly, incompetently or inefficiently; or\n- (ii) without proper regard to the principles stated in section 5 .","sortOrder":28},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Functions and powers of commissioner","content":"## Functions and powers of commissioner","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Commissioner’s functions","content":"### sec.22 Commissioner’s functions\n\nThe commissioner has the following functions—\nensuring the efficient and quick discharge of the commission’s business;\nensuring the local commissioners and the staff of the registry receive regular and appropriate training;\npreparing the annual report;\nmaking commission guidelines;\ncarrying out the activities the commissioner reasonably considers necessary to achieve the objects of this Act.\nThe commissioner also has the other functions given to the commissioner under this or another Act.\n(sec.22-ssec.1) The commissioner has the following functions— ensuring the efficient and quick discharge of the commission’s business; ensuring the local commissioners and the staff of the registry receive regular and appropriate training; preparing the annual report; making commission guidelines; carrying out the activities the commissioner reasonably considers necessary to achieve the objects of this Act.\n(sec.22-ssec.2) The commissioner also has the other functions given to the commissioner under this or another Act.\n- (a) ensuring the efficient and quick discharge of the commission’s business;\n- (b) ensuring the local commissioners and the staff of the registry receive regular and appropriate training;\n- (c) preparing the annual report;\n- (d) making commission guidelines;\n- (e) carrying out the activities the commissioner reasonably considers necessary to achieve the objects of this Act.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Commissioner’s powers","content":"### sec.23 Commissioner’s powers\n\nThe commissioner has the powers necessary or convenient to perform the commissioner’s functions.\nThe commissioner also has the other powers given to the commissioner under this or another Act.\n(sec.23-ssec.1) The commissioner has the powers necessary or convenient to perform the commissioner’s functions.\n(sec.23-ssec.2) The commissioner also has the other powers given to the commissioner under this or another Act.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Delegation by commissioner","content":"### sec.24 Delegation by commissioner\n\nThe commissioner may delegate the commissioner’s functions under this Act to a deputy commissioner.\nAlso, the commissioner may delegate the commissioner’s functions under this Act, other than a function under a prescribed provision, to the registrar.\nIn addition, the commissioner may delegate the commissioner’s functions for a conference to the chairperson of the commission for the conference if—\nthe commissioner makes a direction under section 50A (1) for the conference; and\nthe chairperson is appropriately qualified to perform the commissioner’s functions for the conference.\nFor subsection (2A) , the commissioner’s functions are the commissioner’s functions for endorsing a requirement for a person to be subject to income management.\nIn this section—\nfunctions includes powers.\nprescribed provision means section 49 , 50 , 51 , 53 , 68 (9) , 85 , 98 or 108 (2) .\ns 24 amd 2015 No. 30 s 3\n(sec.24-ssec.1) The commissioner may delegate the commissioner’s functions under this Act to a deputy commissioner.\n(sec.24-ssec.2) Also, the commissioner may delegate the commissioner’s functions under this Act, other than a function under a prescribed provision, to the registrar.\n(sec.24-ssec.2A) In addition, the commissioner may delegate the commissioner’s functions for a conference to the chairperson of the commission for the conference if— the commissioner makes a direction under section 50A (1) for the conference; and the chairperson is appropriately qualified to perform the commissioner’s functions for the conference.\n(sec.24-ssec.2B) For subsection (2A) , the commissioner’s functions are the commissioner’s functions for endorsing a requirement for a person to be subject to income management.\n(sec.24-ssec.3) In this section— functions includes powers. prescribed provision means section 49 , 50 , 51 , 53 , 68 (9) , 85 , 98 or 108 (2) .\n- (a) the commissioner makes a direction under section 50A (1) for the conference; and\n- (b) the chairperson is appropriately qualified to perform the commissioner’s functions for the conference.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"When deputy commissioner to act as commissioner","content":"### sec.25 When deputy commissioner to act as commissioner\n\nA deputy commissioner, nominated by the Minister, is to act as the commissioner if—\nthe commissioner is not available to perform the commissioner’s functions; or\nthere is a vacancy in the office of the commissioner.\nThis section does not limit the Acts Interpretation Act 1954 , section 24B .\n(sec.25-ssec.1) A deputy commissioner, nominated by the Minister, is to act as the commissioner if— the commissioner is not available to perform the commissioner’s functions; or there is a vacancy in the office of the commissioner.\n(sec.25-ssec.2) This section does not limit the Acts Interpretation Act 1954 , section 24B .\n- (a) the commissioner is not available to perform the commissioner’s functions; or\n- (b) there is a vacancy in the office of the commissioner.","sortOrder":33},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Independence of commission and commission member","content":"### sec.26 Independence of commission and commission member\n\nIn performing or exercising its functions or powers, the commission—\nmust act independently and impartially; and\nis not subject to direction by the Minister.\nA commission member, in exercising the member’s functions or powers, is not subject to direction by the Minister.\n(sec.26-ssec.1) In performing or exercising its functions or powers, the commission— must act independently and impartially; and is not subject to direction by the Minister.\n(sec.26-ssec.2) A commission member, in exercising the member’s functions or powers, is not subject to direction by the Minister.\n- (a) must act independently and impartially; and\n- (b) is not subject to direction by the Minister.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Report about person’s criminal history or domestic violence history","content":"### sec.27 Report about person’s criminal history or domestic violence history\n\nTo decide whether a person is disqualified from membership of the commission under section 19 (1) (a) (i) or (b) or section 20 (1) (a) (i) or (b), the Minister may ask the commissioner of police for—\na written report about the person’s criminal history or domestic violence history; and\nif the request is about the person’s criminal history—a brief description of the circumstances of a conviction mentioned in the criminal history.\nThe commissioner of police must comply with the request.\nHowever, the Minister may make a request under subsection (1) about a person who is not a commission member only if the person has given the Minister written consent for the request.\nThe duty imposed on the commissioner of police to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\nIf the Minister receives a report about a person under this section, the Minister must give a copy of the report to the person.\nThe Minister must ensure a report given to the Minister under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.27-ssec.1) To decide whether a person is disqualified from membership of the commission under section 19 (1) (a) (i) or (b) or section 20 (1) (a) (i) or (b), the Minister may ask the commissioner of police for— a written report about the person’s criminal history or domestic violence history; and if the request is about the person’s criminal history—a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.27-ssec.2) The commissioner of police must comply with the request.\n(sec.27-ssec.3) However, the Minister may make a request under subsection (1) about a person who is not a commission member only if the person has given the Minister written consent for the request.\n(sec.27-ssec.4) The duty imposed on the commissioner of police to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.27-ssec.5) If the Minister receives a report about a person under this section, the Minister must give a copy of the report to the person.\n(sec.27-ssec.6) The Minister must ensure a report given to the Minister under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n- (a) a written report about the person’s criminal history or domestic violence history; and\n- (b) if the request is about the person’s criminal history—a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Information about child safety","content":"### sec.28 Information about child safety\n\nTo decide whether a person is disqualified from membership of the commission under section 19 (1) (c) or 20 (1) (c) , the Minister may ask the child protection chief executive to give the Minister a notice about whether the child protection chief executive considers the person may pose a risk to a child’s safety.\nThe child protection chief executive must comply with the request.\nAlso, if the child protection chief executive considers a person who is a commission member may pose a risk to a child’s safety, the child protection chief executive must give the Minister a notice stating the child protection chief executive considers the person may pose a risk to a child’s safety.\nIn considering whether, in the child protection chief executive’s opinion, a person may pose a risk to a child’s safety, the child protection chief executive may have regard to any information that—\nis in the child protection chief executive’s possession or to which the child protection chief executive has access; and\nhas been obtained under the Child Protection Act 1999 .\nThe Minister may make a request under subsection (1) about a person who is not a commission member only if the person has given the Minister written consent for the request.\nThe duty imposed on the child protection chief executive under this section applies only to information in the child protection chief executive’s possession or to which the child protection chief executive has access.\nIf the Minister receives a notice about a person under this section, the Minister must give a copy of the notice to the person.\nThe Minister must ensure a notice given to the Minister under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.28-ssec.1) To decide whether a person is disqualified from membership of the commission under section 19 (1) (c) or 20 (1) (c) , the Minister may ask the child protection chief executive to give the Minister a notice about whether the child protection chief executive considers the person may pose a risk to a child’s safety.\n(sec.28-ssec.2) The child protection chief executive must comply with the request.\n(sec.28-ssec.3) Also, if the child protection chief executive considers a person who is a commission member may pose a risk to a child’s safety, the child protection chief executive must give the Minister a notice stating the child protection chief executive considers the person may pose a risk to a child’s safety.\n(sec.28-ssec.4) In considering whether, in the child protection chief executive’s opinion, a person may pose a risk to a child’s safety, the child protection chief executive may have regard to any information that— is in the child protection chief executive’s possession or to which the child protection chief executive has access; and has been obtained under the Child Protection Act 1999 .\n(sec.28-ssec.5) The Minister may make a request under subsection (1) about a person who is not a commission member only if the person has given the Minister written consent for the request.\n(sec.28-ssec.6) The duty imposed on the child protection chief executive under this section applies only to information in the child protection chief executive’s possession or to which the child protection chief executive has access.\n(sec.28-ssec.7) If the Minister receives a notice about a person under this section, the Minister must give a copy of the notice to the person.\n(sec.28-ssec.8) The Minister must ensure a notice given to the Minister under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n- (a) is in the child protection chief executive’s possession or to which the child protection chief executive has access; and\n- (b) has been obtained under the Child Protection Act 1999 .","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Requirement to disclose changes in criminal history or domestic violence history","content":"### sec.29 Requirement to disclose changes in criminal history or domestic violence history\n\nIf there is a change in the criminal history or domestic violence history of the commissioner or a deputy commissioner, the commissioner or deputy commissioner must, unless the commissioner or deputy commissioner has a reasonable excuse, immediately disclose the change to the Minister.\nMaximum penalty—100 penalty units.\nIf there is a change in the criminal history or domestic violence history of a local commissioner, the local commissioner must, unless the local commissioner has a reasonable excuse, immediately disclose the change to the commissioner.\nMaximum penalty—100 penalty units.\nImmediately after a local commissioner discloses a change in criminal history or domestic violence history to the commissioner under subsection (2) , the commissioner must give the Minister notice of the disclosure.\nMaximum penalty—100 penalty units.\nFor a person who does not have a criminal history or domestic violence history, there is taken to be a change in the person’s criminal history or domestic violence history if the person acquires a criminal history or domestic violence history.\nTo comply with subsection (1) or (2) —\nthe information disclosed by the person about a conviction for an offence in the person’s criminal history must include the following—\nthe existence of the conviction;\nwhen the offence was committed;\ndetails adequate to identify the offence;\nwhether or not a conviction was recorded;\nthe sentence imposed on the person; and\nthe information disclosed by the person about a protection order for the person’s domestic violence history must include the following—\nthe existence of the protection order;\nwhen the protection order was made against the person.\n(sec.29-ssec.1) If there is a change in the criminal history or domestic violence history of the commissioner or a deputy commissioner, the commissioner or deputy commissioner must, unless the commissioner or deputy commissioner has a reasonable excuse, immediately disclose the change to the Minister. Maximum penalty—100 penalty units.\n(sec.29-ssec.2) If there is a change in the criminal history or domestic violence history of a local commissioner, the local commissioner must, unless the local commissioner has a reasonable excuse, immediately disclose the change to the commissioner. Maximum penalty—100 penalty units.\n(sec.29-ssec.3) Immediately after a local commissioner discloses a change in criminal history or domestic violence history to the commissioner under subsection (2) , the commissioner must give the Minister notice of the disclosure. Maximum penalty—100 penalty units.\n(sec.29-ssec.4) For a person who does not have a criminal history or domestic violence history, there is taken to be a change in the person’s criminal history or domestic violence history if the person acquires a criminal history or domestic violence history.\n(sec.29-ssec.5) To comply with subsection (1) or (2) — the information disclosed by the person about a conviction for an offence in the person’s criminal history must include the following— the existence of the conviction; when the offence was committed; details adequate to identify the offence; whether or not a conviction was recorded; the sentence imposed on the person; and the information disclosed by the person about a protection order for the person’s domestic violence history must include the following— the existence of the protection order; when the protection order was made against the person.\n- (a) the information disclosed by the person about a conviction for an offence in the person’s criminal history must include the following— (i) the existence of the conviction; (ii) when the offence was committed; (iii) details adequate to identify the offence; (iv) whether or not a conviction was recorded; (v) the sentence imposed on the person; and\n- (i) the existence of the conviction;\n- (ii) when the offence was committed;\n- (iii) details adequate to identify the offence;\n- (iv) whether or not a conviction was recorded;\n- (v) the sentence imposed on the person; and\n- (b) the information disclosed by the person about a protection order for the person’s domestic violence history must include the following— (i) the existence of the protection order; (ii) when the protection order was made against the person.\n- (i) the existence of the protection order;\n- (ii) when the protection order was made against the person.\n- (i) the existence of the conviction;\n- (ii) when the offence was committed;\n- (iii) details adequate to identify the offence;\n- (iv) whether or not a conviction was recorded;\n- (v) the sentence imposed on the person; and\n- (i) the existence of the protection order;\n- (ii) when the protection order was made against the person.","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Commission is a statutory body","content":"### sec.30 Commission is a statutory body\n\nThe commission is a statutory body under—\nthe Financial Accountability Act 2009 ; and\nthe Statutory Bodies Financial Arrangements Act 1982 (the SBFA ).\nThe SBFA , part 2B sets out the way in which the commission’s powers under this Act are affected by that Act.\ns 30 sub 2008 No. 38 s 252 sch 3\namd 2009 No. 9 s 136 sch 1\n(sec.30-ssec.1) The commission is a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 (the SBFA ).\n(sec.30-ssec.2) The SBFA , part 2B sets out the way in which the commission’s powers under this Act are affected by that Act.\n- (a) the Financial Accountability Act 2009 ; and\n- (b) the Statutory Bodies Financial Arrangements Act 1982 (the SBFA ).","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Commission is not a tribunal under Ombudsman Act 2001 , s 16","content":"### sec.31 Commission is not a tribunal under Ombudsman Act 2001 , s 16\n\nThe commission is not a tribunal for the purposes of the Ombudsman Act 2001 , section 16 (2) (a) .","sortOrder":40},{"sectionNumber":"pt.3","sectionType":"part","heading":"The registry","content":"# The registry","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Establishment of registry","content":"### sec.32 Establishment of registry\n\nThe Family Responsibilities Commission Registry is established.\nThe registry is the registry for the commission.\n(sec.32-ssec.1) The Family Responsibilities Commission Registry is established.\n(sec.32-ssec.2) The registry is the registry for the commission.","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Registry staff","content":"### sec.33 Registry staff\n\nThe registry consists of—\nthe registrar; and\nthe other staff of the registry necessary for the commission to effectively and efficiently perform its functions.\nThe staff of the registry must include a local registry coordinator appointed for each welfare reform community area.\nThe registrar and the other staff are to be appointed under the Public Sector Act 2022 .\ns 33 amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.33-ssec.1) The registry consists of— the registrar; and the other staff of the registry necessary for the commission to effectively and efficiently perform its functions.\n(sec.33-ssec.2) The staff of the registry must include a local registry coordinator appointed for each welfare reform community area.\n(sec.33-ssec.3) The registrar and the other staff are to be appointed under the Public Sector Act 2022 .\n- (a) the registrar; and\n- (b) the other staff of the registry necessary for the commission to effectively and efficiently perform its functions.","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Eligibility for appointment as registrar","content":"### sec.34 Eligibility for appointment as registrar\n\nA person is eligible for appointment as the registrar only if the person—\nhas an appropriate understanding of the history and culture of Aboriginal people and Torres Strait Islanders; and\nis—\na lawyer; or\notherwise—appropriately qualified to perform the functions of the registrar.\ns 34 amd 2015 No. 30 s 4\n- (a) has an appropriate understanding of the history and culture of Aboriginal people and Torres Strait Islanders; and\n- (b) is— (i) a lawyer; or (ii) otherwise—appropriately qualified to perform the functions of the registrar.\n- (i) a lawyer; or\n- (ii) otherwise—appropriately qualified to perform the functions of the registrar.\n- (i) a lawyer; or\n- (ii) otherwise—appropriately qualified to perform the functions of the registrar.","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Registrar’s functions","content":"### sec.35 Registrar’s functions\n\nSubject to the directions of the commissioner, the registrar is responsible for managing the registry and the administrative affairs of the commission.\nThe registrar has all the following functions—\nproviding administrative support to the commission to help the commission hold conferences;\nkeeping the records and information the registrar or the commissioner considers appropriate;\ncoordinating the provision of appropriate support or training for local commissioners and the staff of the registry;\nhelping the commissioner prepare the annual report and make commission guidelines;\npreparing case plans relating to a person’s attendance at a community support service;\nif, under a family responsibilities agreement or family responsibilities order, a person is required to attend a community support service under a case plan—monitoring the person’s compliance with the plan;\nif the registrar monitors a person’s compliance with a case plan—giving the commission reports about the person’s compliance;\ncollecting statistical data and other information relevant to the operation of the commission for inclusion in the annual report;\nperforming other functions the registrar or commissioner considers appropriate for the effective and efficient operation of the commission;\nany other functions given under this Act.\n(sec.35-ssec.1) Subject to the directions of the commissioner, the registrar is responsible for managing the registry and the administrative affairs of the commission.\n(sec.35-ssec.2) The registrar has all the following functions— providing administrative support to the commission to help the commission hold conferences; keeping the records and information the registrar or the commissioner considers appropriate; coordinating the provision of appropriate support or training for local commissioners and the staff of the registry; helping the commissioner prepare the annual report and make commission guidelines; preparing case plans relating to a person’s attendance at a community support service; if, under a family responsibilities agreement or family responsibilities order, a person is required to attend a community support service under a case plan—monitoring the person’s compliance with the plan; if the registrar monitors a person’s compliance with a case plan—giving the commission reports about the person’s compliance; collecting statistical data and other information relevant to the operation of the commission for inclusion in the annual report; performing other functions the registrar or commissioner considers appropriate for the effective and efficient operation of the commission; any other functions given under this Act.\n- (a) providing administrative support to the commission to help the commission hold conferences;\n- (b) keeping the records and information the registrar or the commissioner considers appropriate;\n- (c) coordinating the provision of appropriate support or training for local commissioners and the staff of the registry;\n- (d) helping the commissioner prepare the annual report and make commission guidelines;\n- (e) preparing case plans relating to a person’s attendance at a community support service;\n- (f) if, under a family responsibilities agreement or family responsibilities order, a person is required to attend a community support service under a case plan—monitoring the person’s compliance with the plan;\n- (g) if the registrar monitors a person’s compliance with a case plan—giving the commission reports about the person’s compliance;\n- (h) collecting statistical data and other information relevant to the operation of the commission for inclusion in the annual report;\n- (i) performing other functions the registrar or commissioner considers appropriate for the effective and efficient operation of the commission;\n- (j) any other functions given under this Act.","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Registrar’s powers","content":"### sec.36 Registrar’s powers\n\nThe registrar has the powers reasonably necessary to perform the registrar’s functions.\nThe registrar also has the other powers given to the registrar under this Act.\n(sec.36-ssec.1) The registrar has the powers reasonably necessary to perform the registrar’s functions.\n(sec.36-ssec.2) The registrar also has the other powers given to the registrar under this Act.","sortOrder":46},{"sectionNumber":"sec.37","sectionType":"section","heading":"Delegation by registrar","content":"### sec.37 Delegation by registrar\n\nThe registrar may delegate the registrar’s functions under this Act to an appropriately qualified member of the staff of the registry.\nIn this section—\nfunctions includes powers.\ns 37 def appropriately qualified om 2015 No. 30 s 5\n(sec.37-ssec.1) The registrar may delegate the registrar’s functions under this Act to an appropriately qualified member of the staff of the registry.\n(sec.37-ssec.2) In this section— functions includes powers.","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Function of local registry coordinators","content":"### sec.38 Function of local registry coordinators\n\nThe function of a local registry coordinator is to support the efficient and effective operation of the commission in the welfare reform community area for which the coordinator is appointed, including, for example, by—\ntaking appropriate steps to facilitate the holding of conferences; and\nnominating appropriate local commissioners for a conference; and\nproviding information about community support services and the operation of the commission to persons living in the area; and\nkeeping the records and information the registrar considers appropriate.\n- (a) taking appropriate steps to facilitate the holding of conferences; and\n- (b) nominating appropriate local commissioners for a conference; and\n- (c) providing information about community support services and the operation of the commission to persons living in the area; and\n- (d) keeping the records and information the registrar considers appropriate.","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"When staff of registry are subject to direction of commissioner","content":"### sec.39 When staff of registry are subject to direction of commissioner\n\nIn performing or exercising their functions or powers under this Act, the registrar and other staff of the registry are only subject to the direction of the commissioner on matters relating to the management of the registry and the administrative affairs of the commission.","sortOrder":49},{"sectionNumber":"pt.4","sectionType":"part","heading":"Agency notices","content":"# Agency notices","sortOrder":50},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Requirements about giving agency notices","content":"## Requirements about giving agency notices","sortOrder":51},{"sectionNumber":"sec.40","sectionType":"section","heading":"Notice about school attendance","content":"### sec.40 Notice about school attendance\n\nSubsection (2) applies if—\na student at a school in a welfare reform community area is absent from the school for all or part of any 3 school days during a school term; and\nthe principal of the school is not satisfied there is a reasonable explanation for the absences.\nThe principal must give notice of the absences to the commission as soon as practicable but not more than 10 school days after the third absence happens.\nSubsection (4) applies if—\na student at a school that is not in a welfare reform community area is absent from the school for all or part of any 3 school days during a school term; and\nthe principal of the school is not satisfied there is a reasonable explanation for the absences; and\nthe principal is, or becomes, aware the student or a parent of the student lives, or at any time after the commencement of this section has lived, in a welfare reform community area.\nThe principal must give notice of the absences to the commission—\nif the principal is aware of a matter mentioned in subsection (3) (c) when the third absence happens—as soon as practicable but not more than 10 school days after the third absence happens; or\nif paragraph (a) does not apply—as soon as practicable but not more than 10 school days after becoming aware of the matter.\nA notice under this section must be in the approved form.\nThe approved form must include provision for the following—\nthe student’s name and date of birth;\nthe name and address, if known, of the parents of the student;\nthe days the student was absent from school;\nthe duration of the student’s absences;\nthe reason, if any, recorded by the school for the absences.\nIn considering whether a student is absent, or there is a reasonable explanation for a student’s absence, from a school, the principal of the school must have regard to any commission guidelines relating to matters about student attendance at schools.\n(sec.40-ssec.1) Subsection (2) applies if— a student at a school in a welfare reform community area is absent from the school for all or part of any 3 school days during a school term; and the principal of the school is not satisfied there is a reasonable explanation for the absences.\n(sec.40-ssec.2) The principal must give notice of the absences to the commission as soon as practicable but not more than 10 school days after the third absence happens.\n(sec.40-ssec.3) Subsection (4) applies if— a student at a school that is not in a welfare reform community area is absent from the school for all or part of any 3 school days during a school term; and the principal of the school is not satisfied there is a reasonable explanation for the absences; and the principal is, or becomes, aware the student or a parent of the student lives, or at any time after the commencement of this section has lived, in a welfare reform community area.\n(sec.40-ssec.4) The principal must give notice of the absences to the commission— if the principal is aware of a matter mentioned in subsection (3) (c) when the third absence happens—as soon as practicable but not more than 10 school days after the third absence happens; or if paragraph (a) does not apply—as soon as practicable but not more than 10 school days after becoming aware of the matter.\n(sec.40-ssec.5) A notice under this section must be in the approved form.\n(sec.40-ssec.6) The approved form must include provision for the following— the student’s name and date of birth; the name and address, if known, of the parents of the student; the days the student was absent from school; the duration of the student’s absences; the reason, if any, recorded by the school for the absences.\n(sec.40-ssec.7) In considering whether a student is absent, or there is a reasonable explanation for a student’s absence, from a school, the principal of the school must have regard to any commission guidelines relating to matters about student attendance at schools.\n- (a) a student at a school in a welfare reform community area is absent from the school for all or part of any 3 school days during a school term; and\n- (b) the principal of the school is not satisfied there is a reasonable explanation for the absences.\n- (a) a student at a school that is not in a welfare reform community area is absent from the school for all or part of any 3 school days during a school term; and\n- (b) the principal of the school is not satisfied there is a reasonable explanation for the absences; and\n- (c) the principal is, or becomes, aware the student or a parent of the student lives, or at any time after the commencement of this section has lived, in a welfare reform community area.\n- (a) if the principal is aware of a matter mentioned in subsection (3) (c) when the third absence happens—as soon as practicable but not more than 10 school days after the third absence happens; or\n- (b) if paragraph (a) does not apply—as soon as practicable but not more than 10 school days after becoming aware of the matter.\n- (a) the student’s name and date of birth;\n- (b) the name and address, if known, of the parents of the student;\n- (c) the days the student was absent from school;\n- (d) the duration of the student’s absences;\n- (e) the reason, if any, recorded by the school for the absences.","sortOrder":52},{"sectionNumber":"sec.41","sectionType":"section","heading":"Notice about school enrolment","content":"### sec.41 Notice about school enrolment\n\nThis section applies if the education chief executive becomes aware—\na child of compulsory school age is not enrolled at a school; and\nthe child or a parent of the child lives, or at any time after the commencement of this section has lived, in a welfare reform community area.\nThe education chief executive must as soon as practicable give the commission notice of the child’s non-enrolment.\nThe notice must be in the approved form.\nThe approved form must include provision for—\nthe name and, if known, the address of the child; and\nthe name and address, if known, of the parents of the child.\nThis section does not apply to a child of compulsory school age if—\nan exemption under the Education (General Provisions) Act 2006 , chapter 9 , part 3 , is in force for the child; or\nthe Education (General Provisions) Act 2006 , section 176 (1) does not apply in relation to the child because of chapter 9 , part 4 of that Act.\n(sec.41-ssec.1) This section applies if the education chief executive becomes aware— a child of compulsory school age is not enrolled at a school; and the child or a parent of the child lives, or at any time after the commencement of this section has lived, in a welfare reform community area.\n(sec.41-ssec.2) The education chief executive must as soon as practicable give the commission notice of the child’s non-enrolment.\n(sec.41-ssec.3) The notice must be in the approved form.\n(sec.41-ssec.4) The approved form must include provision for— the name and, if known, the address of the child; and the name and address, if known, of the parents of the child.\n(sec.41-ssec.5) This section does not apply to a child of compulsory school age if— an exemption under the Education (General Provisions) Act 2006 , chapter 9 , part 3 , is in force for the child; or the Education (General Provisions) Act 2006 , section 176 (1) does not apply in relation to the child because of chapter 9 , part 4 of that Act.\n- (a) a child of compulsory school age is not enrolled at a school; and\n- (b) the child or a parent of the child lives, or at any time after the commencement of this section has lived, in a welfare reform community area.\n- (a) the name and, if known, the address of the child; and\n- (b) the name and address, if known, of the parents of the child.\n- (a) an exemption under the Education (General Provisions) Act 2006 , chapter 9 , part 3 , is in force for the child; or\n- (b) the Education (General Provisions) Act 2006 , section 176 (1) does not apply in relation to the child because of chapter 9 , part 4 of that Act.","sortOrder":53},{"sectionNumber":"sec.42","sectionType":"section","heading":"Notice about child safety and welfare matters","content":"### sec.42 Notice about child safety and welfare matters\n\nThis section applies if the child protection chief executive—\nbecomes aware, whether because of notification given to the chief executive or otherwise, of alleged harm or alleged risk of harm to a child; and\nbecomes aware the allegation is in relation to—\nconduct that is happening, or has happened, in a welfare reform community area; or\nconduct of a person who lives, or at any time after the commencement of this section has lived, in a welfare reform community area.\nThe child protection chief executive must give the commission notice of the alleged harm or alleged risk of harm to the child.\nThe notice must be given to the commission—\nif an authorised officer under the Child Protection Act 1999 investigates the allegation to assess the child’s need of protection—within 5 business days after the investigation and assessment of the allegation ends; or\nif paragraph (a) does not apply—within 5 business days after the later of the following to happen—\nthe child protection chief executive becomes aware of the alleged harm or alleged risk of harm to the child;\nthe child protection chief executive becomes aware of a matter mentioned in subsection (1) (b) .\nThe notice must be in the approved form.\nThe approved form must include provision for the following—\nthe day the child protection chief executive became aware of the alleged harm or alleged risk of harm;\nwhether the allegation was investigated as mentioned in subsection (3) (a) ;\nthe name and, if known, the address of the child allegedly harmed or allegedly at risk of harm;\nthe name and address, if known, of the parents of the child;\nthe name and address, if known, of any person allegedly causing harm to the child, or allegedly causing the child to be at risk of harm;\ndetails of the alleged harm or alleged risk of harm to the child;\ninformation to identify the welfare reform community area where—\nthe conduct the subject of the allegation is happening or has happened; or\nthe person whose conduct is the subject of the allegation lives or lived.\nIn this section—\nharm , to a child, see the Child Protection Act 1999 , section 9 .\n(sec.42-ssec.1) This section applies if the child protection chief executive— becomes aware, whether because of notification given to the chief executive or otherwise, of alleged harm or alleged risk of harm to a child; and becomes aware the allegation is in relation to— conduct that is happening, or has happened, in a welfare reform community area; or conduct of a person who lives, or at any time after the commencement of this section has lived, in a welfare reform community area.\n(sec.42-ssec.2) The child protection chief executive must give the commission notice of the alleged harm or alleged risk of harm to the child.\n(sec.42-ssec.3) The notice must be given to the commission— if an authorised officer under the Child Protection Act 1999 investigates the allegation to assess the child’s need of protection—within 5 business days after the investigation and assessment of the allegation ends; or if paragraph (a) does not apply—within 5 business days after the later of the following to happen— the child protection chief executive becomes aware of the alleged harm or alleged risk of harm to the child; the child protection chief executive becomes aware of a matter mentioned in subsection (1) (b) .\n(sec.42-ssec.4) The notice must be in the approved form.\n(sec.42-ssec.5) The approved form must include provision for the following— the day the child protection chief executive became aware of the alleged harm or alleged risk of harm; whether the allegation was investigated as mentioned in subsection (3) (a) ; the name and, if known, the address of the child allegedly harmed or allegedly at risk of harm; the name and address, if known, of the parents of the child; the name and address, if known, of any person allegedly causing harm to the child, or allegedly causing the child to be at risk of harm; details of the alleged harm or alleged risk of harm to the child; information to identify the welfare reform community area where— the conduct the subject of the allegation is happening or has happened; or the person whose conduct is the subject of the allegation lives or lived.\n(sec.42-ssec.6) In this section— harm , to a child, see the Child Protection Act 1999 , section 9 .\n- (a) becomes aware, whether because of notification given to the chief executive or otherwise, of alleged harm or alleged risk of harm to a child; and\n- (b) becomes aware the allegation is in relation to— (i) conduct that is happening, or has happened, in a welfare reform community area; or (ii) conduct of a person who lives, or at any time after the commencement of this section has lived, in a welfare reform community area.\n- (i) conduct that is happening, or has happened, in a welfare reform community area; or\n- (ii) conduct of a person who lives, or at any time after the commencement of this section has lived, in a welfare reform community area.\n- (i) conduct that is happening, or has happened, in a welfare reform community area; or\n- (ii) conduct of a person who lives, or at any time after the commencement of this section has lived, in a welfare reform community area.\n- (a) if an authorised officer under the Child Protection Act 1999 investigates the allegation to assess the child’s need of protection—within 5 business days after the investigation and assessment of the allegation ends; or\n- (b) if paragraph (a) does not apply—within 5 business days after the later of the following to happen— (i) the child protection chief executive becomes aware of the alleged harm or alleged risk of harm to the child; (ii) the child protection chief executive becomes aware of a matter mentioned in subsection (1) (b) .\n- (i) the child protection chief executive becomes aware of the alleged harm or alleged risk of harm to the child;\n- (ii) the child protection chief executive becomes aware of a matter mentioned in subsection (1) (b) .\n- (i) the child protection chief executive becomes aware of the alleged harm or alleged risk of harm to the child;\n- (ii) the child protection chief executive becomes aware of a matter mentioned in subsection (1) (b) .\n- (a) the day the child protection chief executive became aware of the alleged harm or alleged risk of harm;\n- (b) whether the allegation was investigated as mentioned in subsection (3) (a) ;\n- (c) the name and, if known, the address of the child allegedly harmed or allegedly at risk of harm;\n- (d) the name and address, if known, of the parents of the child;\n- (e) the name and address, if known, of any person allegedly causing harm to the child, or allegedly causing the child to be at risk of harm;\n- (f) details of the alleged harm or alleged risk of harm to the child;\n- (g) information to identify the welfare reform community area where— (i) the conduct the subject of the allegation is happening or has happened; or (ii) the person whose conduct is the subject of the allegation lives or lived.\n- (i) the conduct the subject of the allegation is happening or has happened; or\n- (ii) the person whose conduct is the subject of the allegation lives or lived.\n- (i) the conduct the subject of the allegation is happening or has happened; or\n- (ii) the person whose conduct is the subject of the allegation lives or lived.","sortOrder":54},{"sectionNumber":"sec.43","sectionType":"section","heading":"Court advice notices","content":"### sec.43 Court advice notices\n\nThis section applies if—\na court—\nconvicts a person of an offence; or\nmakes a protection order against a person; and\nfor a person convicted of an offence who is a child—the person is not a first-time offender; and\nat least 1 of the following applies—\nthe court was sitting in a welfare reform community area, Cooktown or Mossman;\nthe court officer learns that the person lives, or at any time after the start day has lived, in a welfare reform community area;\nif the person is a child—the court officer learns that the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area.\nThe court officer must give the commission a notice (a court advice notice ) that states—\nif the court convicted the person of an offence—\nthe offence that the person was convicted of; and\nthe day on which the court convicted the person; and\nif the court made a protection order against the person—\nthe conditions (if any) of the protection order; and\nthe day on which the court made the protection order; and\nthe person’s name and address; and\ninformation that identifies the court—\nthat convicted the person; or\nmade the protection order against the person; and\ninformation that identifies—\nthe place where the conduct that is the subject of the conviction or protection order happened; or\nthe welfare reform community area mentioned in subsection (1) (c) (ii) or (iii) .\nThe court officer must give the notice as soon as practicable, but not more than 10 business days, after the later of the following—\nthe court—\nconvicts the person; or\nmakes the protection order against the person;\nthe court officer learns that the person or, if the person is a child, the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area;\nfor a convicted person who is a child—the court officer learns that the person is not a first-time offender.\nA person who has gained, gains or has access to, confidential information relating to a child through involvement in the administration of the Youth Justice Act 1992 may disclose the information to the chief executive (justice) for the purpose of facilitating the giving of court advice notices.\nTo remove any doubt, it is declared that, for the Youth Justice Act 1992 , section 301 , neither of the following is publication of identifying information about a child—\ngiving a court advice notice under this section;\ndisclosing confidential information under subsection (4) .\nIn this section—\nchief executive (justice) means the chief executive of the department in which the Attorney-General Act 1999 is administered.\nconviction , in relation to a child, means a finding of guilt within the meaning of the Youth Justice Act 1992 .\ncourt means—\nthe Childrens Court; or\nthe District Court; or\na Magistrates Court; or\nthe Supreme Court.\ncourt officer means—\nfor a court that convicts a person who is an adult—\nfor the District Court—the registrar of the court; or\nfor a Magistrates Court—the clerk of the court; or\nfor the Supreme Court—the registrar of the court; or\nfor a court that convicts a person who is a child—the chief executive (justice); or\nfor a court that makes a protection order against a person—the clerk of the court within the meaning of the Domestic and Family Violence Protection Act 2012 .\nfirst-time offender , in relation to a child convicted of an offence, means a child who has not previously been convicted of an offence.\nprotection order see the Domestic and Family Violence Protection Act 2012 , schedule .\nstart day means—\nfor subsection (1) (c) (iii) , in relation to a child convicted of an offence—28 November 2014; or\notherwise—the day on which this definition commences.\ns 43 sub 2014 No. 54 s 6 ; 2015 No. 30 s 6\namd 2019 No. 23 s 48 s ch 1 pt 1 ; 2024 No. 45 s 112B\n(sec.43-ssec.1) This section applies if— a court— convicts a person of an offence; or makes a protection order against a person; and for a person convicted of an offence who is a child—the person is not a first-time offender; and at least 1 of the following applies— the court was sitting in a welfare reform community area, Cooktown or Mossman; the court officer learns that the person lives, or at any time after the start day has lived, in a welfare reform community area; if the person is a child—the court officer learns that the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area.\n(sec.43-ssec.2) The court officer must give the commission a notice (a court advice notice ) that states— if the court convicted the person of an offence— the offence that the person was convicted of; and the day on which the court convicted the person; and if the court made a protection order against the person— the conditions (if any) of the protection order; and the day on which the court made the protection order; and the person’s name and address; and information that identifies the court— that convicted the person; or made the protection order against the person; and information that identifies— the place where the conduct that is the subject of the conviction or protection order happened; or the welfare reform community area mentioned in subsection (1) (c) (ii) or (iii) .\n(sec.43-ssec.3) The court officer must give the notice as soon as practicable, but not more than 10 business days, after the later of the following— the court— convicts the person; or makes the protection order against the person; the court officer learns that the person or, if the person is a child, the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area; for a convicted person who is a child—the court officer learns that the person is not a first-time offender.\n(sec.43-ssec.4) A person who has gained, gains or has access to, confidential information relating to a child through involvement in the administration of the Youth Justice Act 1992 may disclose the information to the chief executive (justice) for the purpose of facilitating the giving of court advice notices.\n(sec.43-ssec.5) To remove any doubt, it is declared that, for the Youth Justice Act 1992 , section 301 , neither of the following is publication of identifying information about a child— giving a court advice notice under this section; disclosing confidential information under subsection (4) .\n(sec.43-ssec.6) In this section— chief executive (justice) means the chief executive of the department in which the Attorney-General Act 1999 is administered. conviction , in relation to a child, means a finding of guilt within the meaning of the Youth Justice Act 1992 . court means— the Childrens Court; or the District Court; or a Magistrates Court; or the Supreme Court. court officer means— for a court that convicts a person who is an adult— for the District Court—the registrar of the court; or for a Magistrates Court—the clerk of the court; or for the Supreme Court—the registrar of the court; or for a court that convicts a person who is a child—the chief executive (justice); or for a court that makes a protection order against a person—the clerk of the court within the meaning of the Domestic and Family Violence Protection Act 2012 . first-time offender , in relation to a child convicted of an offence, means a child who has not previously been convicted of an offence. protection order see the Domestic and Family Violence Protection Act 2012 , schedule . start day means— for subsection (1) (c) (iii) , in relation to a child convicted of an offence—28 November 2014; or otherwise—the day on which this definition commences.\n- (a) a court— (i) convicts a person of an offence; or (ii) makes a protection order against a person; and\n- (i) convicts a person of an offence; or\n- (ii) makes a protection order against a person; and\n- (b) for a person convicted of an offence who is a child—the person is not a first-time offender; and\n- (c) at least 1 of the following applies— (i) the court was sitting in a welfare reform community area, Cooktown or Mossman; (ii) the court officer learns that the person lives, or at any time after the start day has lived, in a welfare reform community area; (iii) if the person is a child—the court officer learns that the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area.\n- (i) the court was sitting in a welfare reform community area, Cooktown or Mossman;\n- (ii) the court officer learns that the person lives, or at any time after the start day has lived, in a welfare reform community area;\n- (iii) if the person is a child—the court officer learns that the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area.\n- (i) convicts a person of an offence; or\n- (ii) makes a protection order against a person; and\n- (i) the court was sitting in a welfare reform community area, Cooktown or Mossman;\n- (ii) the court officer learns that the person lives, or at any time after the start day has lived, in a welfare reform community area;\n- (iii) if the person is a child—the court officer learns that the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area.\n- (a) if the court convicted the person of an offence— (i) the offence that the person was convicted of; and (ii) the day on which the court convicted the person; and\n- (i) the offence that the person was convicted of; and\n- (ii) the day on which the court convicted the person; and\n- (b) if the court made a protection order against the person— (i) the conditions (if any) of the protection order; and (ii) the day on which the court made the protection order; and\n- (i) the conditions (if any) of the protection order; and\n- (ii) the day on which the court made the protection order; and\n- (c) the person’s name and address; and\n- (d) information that identifies the court— (i) that convicted the person; or (ii) made the protection order against the person; and\n- (i) that convicted the person; or\n- (ii) made the protection order against the person; and\n- (e) information that identifies— (i) the place where the conduct that is the subject of the conviction or protection order happened; or (ii) the welfare reform community area mentioned in subsection (1) (c) (ii) or (iii) .\n- (i) the place where the conduct that is the subject of the conviction or protection order happened; or\n- (ii) the welfare reform community area mentioned in subsection (1) (c) (ii) or (iii) .\n- (i) the offence that the person was convicted of; and\n- (ii) the day on which the court convicted the person; and\n- (i) the conditions (if any) of the protection order; and\n- (ii) the day on which the court made the protection order; and\n- (i) that convicted the person; or\n- (ii) made the protection order against the person; and\n- (i) the place where the conduct that is the subject of the conviction or protection order happened; or\n- (ii) the welfare reform community area mentioned in subsection (1) (c) (ii) or (iii) .\n- (a) the court— (i) convicts the person; or (ii) makes the protection order against the person;\n- (i) convicts the person; or\n- (ii) makes the protection order against the person;\n- (b) the court officer learns that the person or, if the person is a child, the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area;\n- (c) for a convicted person who is a child—the court officer learns that the person is not a first-time offender.\n- (i) convicts the person; or\n- (ii) makes the protection order against the person;\n- (a) giving a court advice notice under this section;\n- (b) disclosing confidential information under subsection (4) .\n- (a) the Childrens Court; or\n- (b) the District Court; or\n- (c) a Magistrates Court; or\n- (d) the Supreme Court.\n- (a) for a court that convicts a person who is an adult— (i) for the District Court—the registrar of the court; or (ii) for a Magistrates Court—the clerk of the court; or (iii) for the Supreme Court—the registrar of the court; or\n- (i) for the District Court—the registrar of the court; or\n- (ii) for a Magistrates Court—the clerk of the court; or\n- (iii) for the Supreme Court—the registrar of the court; or\n- (b) for a court that convicts a person who is a child—the chief executive (justice); or\n- (c) for a court that makes a protection order against a person—the clerk of the court within the meaning of the Domestic and Family Violence Protection Act 2012 .\n- (i) for the District Court—the registrar of the court; or\n- (ii) for a Magistrates Court—the clerk of the court; or\n- (iii) for the Supreme Court—the registrar of the court; or\n- (a) for subsection (1) (c) (iii) , in relation to a child convicted of an offence—28 November 2014; or\n- (b) otherwise—the day on which this definition commences.","sortOrder":55},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Notice about police protection direction","content":"### sec.43A Notice about police protection direction\n\nThis section applies if—\na police protection direction is issued; and\neither or both of the following apply—\nthe relevant domestic violence occurred in a welfare reform community area;\nthe police commissioner becomes aware that the respondent lives, or at any time after the start day has lived, in a welfare reform community area.\nThe police commissioner must give the commission a notice that states—\nthe day on which the police protection direction was issued; and\nthe conditions (if any) of the police protection direction; and\nthe name and address of the respondent; and\ninformation that identifies—\nthe place where the relevant domestic violence occurred; and\nif subsection (1) (b) (ii) applies, the place in a welfare reform community area where the respondent lives or has lived.\nThe police commissioner must give the notice as soon as practicable, but not more than 10 business days, after the later of the following happens—\nthe police protection direction is issued;\nthe police commissioner becomes aware that the respondent lives, or at any time after the start day has lived, in a welfare reform community area.\nIn this section—\npolice protection direction means a police protection direction issued under the Domestic and Family Violence Protection Act 2012 .\nrelevant domestic violence , in relation to a police protection direction, see the Domestic and Family Violence Protection Act 2012 , schedule.\nrespondent , in relation to a police protection direction, see the Domestic and Family Violence Protection Act 2012 , section 21 (3) .\nstart day means 17 December 2015.\n17 December 2015 is the day from which courts have been required, under section 43 , to notify the commission of protection orders under the Domestic and Family Violence Protection Act 2012 made against residents of welfare reform community areas.\ns 43A ins 2025 No. 18 s 59B\n(sec.43A-ssec.1) This section applies if— a police protection direction is issued; and either or both of the following apply— the relevant domestic violence occurred in a welfare reform community area; the police commissioner becomes aware that the respondent lives, or at any time after the start day has lived, in a welfare reform community area.\n(sec.43A-ssec.2) The police commissioner must give the commission a notice that states— the day on which the police protection direction was issued; and the conditions (if any) of the police protection direction; and the name and address of the respondent; and information that identifies— the place where the relevant domestic violence occurred; and if subsection (1) (b) (ii) applies, the place in a welfare reform community area where the respondent lives or has lived.\n(sec.43A-ssec.3) The police commissioner must give the notice as soon as practicable, but not more than 10 business days, after the later of the following happens— the police protection direction is issued; the police commissioner becomes aware that the respondent lives, or at any time after the start day has lived, in a welfare reform community area.\n(sec.43A-ssec.4) In this section— police protection direction means a police protection direction issued under the Domestic and Family Violence Protection Act 2012 . relevant domestic violence , in relation to a police protection direction, see the Domestic and Family Violence Protection Act 2012 , schedule. respondent , in relation to a police protection direction, see the Domestic and Family Violence Protection Act 2012 , section 21 (3) . start day means 17 December 2015. 17 December 2015 is the day from which courts have been required, under section 43 , to notify the commission of protection orders under the Domestic and Family Violence Protection Act 2012 made against residents of welfare reform community areas.\n- (a) a police protection direction is issued; and\n- (b) either or both of the following apply— (i) the relevant domestic violence occurred in a welfare reform community area; (ii) the police commissioner becomes aware that the respondent lives, or at any time after the start day has lived, in a welfare reform community area.\n- (i) the relevant domestic violence occurred in a welfare reform community area;\n- (ii) the police commissioner becomes aware that the respondent lives, or at any time after the start day has lived, in a welfare reform community area.\n- (i) the relevant domestic violence occurred in a welfare reform community area;\n- (ii) the police commissioner becomes aware that the respondent lives, or at any time after the start day has lived, in a welfare reform community area.\n- (a) the day on which the police protection direction was issued; and\n- (b) the conditions (if any) of the police protection direction; and\n- (c) the name and address of the respondent; and\n- (d) information that identifies— (i) the place where the relevant domestic violence occurred; and (ii) if subsection (1) (b) (ii) applies, the place in a welfare reform community area where the respondent lives or has lived.\n- (i) the place where the relevant domestic violence occurred; and\n- (ii) if subsection (1) (b) (ii) applies, the place in a welfare reform community area where the respondent lives or has lived.\n- (i) the place where the relevant domestic violence occurred; and\n- (ii) if subsection (1) (b) (ii) applies, the place in a welfare reform community area where the respondent lives or has lived.\n- (a) the police protection direction is issued;\n- (b) the police commissioner becomes aware that the respondent lives, or at any time after the start day has lived, in a welfare reform community area.","sortOrder":56},{"sectionNumber":"sec.44","sectionType":"section","heading":"Notice about residential tenancy agreement","content":"### sec.44 Notice about residential tenancy agreement\n\nSubsection (2) applies in relation to a tenant of premises if the lessor of the premises—\nis satisfied the premises have been, or are being, used by the tenant for an illegal purpose; or\nbecomes aware that the tenant has not complied with a remedy notice relating to—\nthe tenant causing a nuisance by the use of the premises; or\nthe tenant interfering with the reasonable peace, comfort or privacy of a neighbour of the tenant; or\nthe tenant not keeping the premises and its inclusions clean, having regard to their condition when the tenant entered into the residential tenancy agreement for the premises; or\nthe tenant maliciously damaging, or allowing someone else to maliciously damage, the premises or its inclusions; or\nbecomes aware that the rent payable by the tenant under the residential tenancy agreement (the outstanding amount ) has remained unpaid in breach of the agreement for at least 7 days and the tenant—\nhas not responded to a remedy notice relating to the outstanding amount; or\nhas not entered into an agreement with the lessor to pay the outstanding amount; or\nhas breached an agreement entered into with the lessor to pay the outstanding amount.\nThe lessor must, within 5 business days after being satisfied or becoming aware of a matter mentioned in subsection (1) , give the commission notice of the matter.\nSubsection (4) applies in relation to a tenant of premises if the lessor of the premises has, after the commencement of this section and within a period of not more than 6 months, given the tenant more than 1 remedy notice relating to—\nany of the matters mentioned in subsection (1) (b) ; or\nrent remaining unpaid, in breach of the residential tenancy agreement for the premises, for at least 7 days.\nThe lessor must, within 5 business days after giving a second remedy notice to the tenant, give the commission notice of the giving of the remedy notice and the matter to which it relates.\nA notice under subsection (2) or (4) must be in the approved form.\nThe approved form must include provision for the following—\nthe name of the tenant;\nthe address of the tenanted premises;\ndetails of the matter to which the notice relates.\nIn this section—\nhousing department means the department in which the Housing Act 2003 is administered.\nlessor , in relation to premises that are social housing, means the entity that provides the housing.\nremedy notice means a notice to remedy breach for a residential tenancy under the Residential Tenancies and Rooming Accommodation Act 2008 .\nsocial housing means housing that—\nis in a welfare reform community area; and\nis directly provided, for residential use, by the housing department, a local government or another entity prescribed under a regulation.\ntenant means—\na person who is a party to a residential tenancy agreement relating to premises that are social housing; or\na person who—\nwas, at any time after the commencement of this definition, a party to a residential tenancy agreement relating to premises that are social housing; and\nis a party to a residential tenancy agreement relating to premises, not in a welfare reform community area, directly provided by the housing department for residential use.\ns 44 amd 2008 No. 73 s 554 sch 1\n(sec.44-ssec.1) Subsection (2) applies in relation to a tenant of premises if the lessor of the premises— is satisfied the premises have been, or are being, used by the tenant for an illegal purpose; or becomes aware that the tenant has not complied with a remedy notice relating to— the tenant causing a nuisance by the use of the premises; or the tenant interfering with the reasonable peace, comfort or privacy of a neighbour of the tenant; or the tenant not keeping the premises and its inclusions clean, having regard to their condition when the tenant entered into the residential tenancy agreement for the premises; or the tenant maliciously damaging, or allowing someone else to maliciously damage, the premises or its inclusions; or becomes aware that the rent payable by the tenant under the residential tenancy agreement (the outstanding amount ) has remained unpaid in breach of the agreement for at least 7 days and the tenant— has not responded to a remedy notice relating to the outstanding amount; or has not entered into an agreement with the lessor to pay the outstanding amount; or has breached an agreement entered into with the lessor to pay the outstanding amount.\n(sec.44-ssec.2) The lessor must, within 5 business days after being satisfied or becoming aware of a matter mentioned in subsection (1) , give the commission notice of the matter.\n(sec.44-ssec.3) Subsection (4) applies in relation to a tenant of premises if the lessor of the premises has, after the commencement of this section and within a period of not more than 6 months, given the tenant more than 1 remedy notice relating to— any of the matters mentioned in subsection (1) (b) ; or rent remaining unpaid, in breach of the residential tenancy agreement for the premises, for at least 7 days.\n(sec.44-ssec.4) The lessor must, within 5 business days after giving a second remedy notice to the tenant, give the commission notice of the giving of the remedy notice and the matter to which it relates.\n(sec.44-ssec.5) A notice under subsection (2) or (4) must be in the approved form.\n(sec.44-ssec.6) The approved form must include provision for the following— the name of the tenant; the address of the tenanted premises; details of the matter to which the notice relates.\n(sec.44-ssec.7) In this section— housing department means the department in which the Housing Act 2003 is administered. lessor , in relation to premises that are social housing, means the entity that provides the housing. remedy notice means a notice to remedy breach for a residential tenancy under the Residential Tenancies and Rooming Accommodation Act 2008 . social housing means housing that— is in a welfare reform community area; and is directly provided, for residential use, by the housing department, a local government or another entity prescribed under a regulation. tenant means— a person who is a party to a residential tenancy agreement relating to premises that are social housing; or a person who— was, at any time after the commencement of this definition, a party to a residential tenancy agreement relating to premises that are social housing; and is a party to a residential tenancy agreement relating to premises, not in a welfare reform community area, directly provided by the housing department for residential use.\n- (a) is satisfied the premises have been, or are being, used by the tenant for an illegal purpose; or\n- (b) becomes aware that the tenant has not complied with a remedy notice relating to— (i) the tenant causing a nuisance by the use of the premises; or (ii) the tenant interfering with the reasonable peace, comfort or privacy of a neighbour of the tenant; or (iii) the tenant not keeping the premises and its inclusions clean, having regard to their condition when the tenant entered into the residential tenancy agreement for the premises; or (iv) the tenant maliciously damaging, or allowing someone else to maliciously damage, the premises or its inclusions; or\n- (i) the tenant causing a nuisance by the use of the premises; or\n- (ii) the tenant interfering with the reasonable peace, comfort or privacy of a neighbour of the tenant; or\n- (iii) the tenant not keeping the premises and its inclusions clean, having regard to their condition when the tenant entered into the residential tenancy agreement for the premises; or\n- (iv) the tenant maliciously damaging, or allowing someone else to maliciously damage, the premises or its inclusions; or\n- (c) becomes aware that the rent payable by the tenant under the residential tenancy agreement (the outstanding amount ) has remained unpaid in breach of the agreement for at least 7 days and the tenant— (i) has not responded to a remedy notice relating to the outstanding amount; or (ii) has not entered into an agreement with the lessor to pay the outstanding amount; or (iii) has breached an agreement entered into with the lessor to pay the outstanding amount.\n- (i) has not responded to a remedy notice relating to the outstanding amount; or\n- (ii) has not entered into an agreement with the lessor to pay the outstanding amount; or\n- (iii) has breached an agreement entered into with the lessor to pay the outstanding amount.\n- (i) the tenant causing a nuisance by the use of the premises; or\n- (ii) the tenant interfering with the reasonable peace, comfort or privacy of a neighbour of the tenant; or\n- (iii) the tenant not keeping the premises and its inclusions clean, having regard to their condition when the tenant entered into the residential tenancy agreement for the premises; or\n- (iv) the tenant maliciously damaging, or allowing someone else to maliciously damage, the premises or its inclusions; or\n- (i) has not responded to a remedy notice relating to the outstanding amount; or\n- (ii) has not entered into an agreement with the lessor to pay the outstanding amount; or\n- (iii) has breached an agreement entered into with the lessor to pay the outstanding amount.\n- (a) any of the matters mentioned in subsection (1) (b) ; or\n- (b) rent remaining unpaid, in breach of the residential tenancy agreement for the premises, for at least 7 days.\n- (a) the name of the tenant;\n- (b) the address of the tenanted premises;\n- (c) details of the matter to which the notice relates.\n- (a) is in a welfare reform community area; and\n- (b) is directly provided, for residential use, by the housing department, a local government or another entity prescribed under a regulation.\n- (a) a person who is a party to a residential tenancy agreement relating to premises that are social housing; or\n- (b) a person who— (i) was, at any time after the commencement of this definition, a party to a residential tenancy agreement relating to premises that are social housing; and (ii) is a party to a residential tenancy agreement relating to premises, not in a welfare reform community area, directly provided by the housing department for residential use.\n- (i) was, at any time after the commencement of this definition, a party to a residential tenancy agreement relating to premises that are social housing; and\n- (ii) is a party to a residential tenancy agreement relating to premises, not in a welfare reform community area, directly provided by the housing department for residential use.\n- (i) was, at any time after the commencement of this definition, a party to a residential tenancy agreement relating to premises that are social housing; and\n- (ii) is a party to a residential tenancy agreement relating to premises, not in a welfare reform community area, directly provided by the housing department for residential use.","sortOrder":57},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":58},{"sectionNumber":"sec.45","sectionType":"section","heading":"Entity not under obligation to investigate particular matters","content":"### sec.45 Entity not under obligation to investigate particular matters\n\nThis section applies to an entity that, under this part, must give the commission an agency notice on becoming aware that—\na person lives, or lived, in a welfare reform community area; or\na person’s conduct to which an allegation mentioned in section 42 (1) relates is happening, or has happened, in a welfare reform community area.\nThe duty imposed on the entity to give the commission an agency notice in relation to the person or the person’s conduct does not require the entity to conduct an investigation about the person or the person’s conduct.\n(sec.45-ssec.1) This section applies to an entity that, under this part, must give the commission an agency notice on becoming aware that— a person lives, or lived, in a welfare reform community area; or a person’s conduct to which an allegation mentioned in section 42 (1) relates is happening, or has happened, in a welfare reform community area.\n(sec.45-ssec.2) The duty imposed on the entity to give the commission an agency notice in relation to the person or the person’s conduct does not require the entity to conduct an investigation about the person or the person’s conduct.\n- (a) a person lives, or lived, in a welfare reform community area; or\n- (b) a person’s conduct to which an allegation mentioned in section 42 (1) relates is happening, or has happened, in a welfare reform community area.","sortOrder":59},{"sectionNumber":"pt.5","sectionType":"part","heading":"Commission’s conferences about agency notices","content":"# Commission’s conferences about agency notices","sortOrder":60},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":61},{"sectionNumber":"sec.46","sectionType":"section","heading":"Purpose of conference","content":"### sec.46 Purpose of conference\n\nThe purpose of a conference held under this part is to provide a forum for the commission—\nto discuss the matters to which an agency notice relates with a relevant person for the notice who is a community member; and\nif practicable, to reach agreement with the person about the appropriate action to be taken in relation to the matters to help achieve the objects of this Act; and\nif agreement is not reached—to make decisions under section 69 to help achieve the objects of this Act.\n- (a) to discuss the matters to which an agency notice relates with a relevant person for the notice who is a community member; and\n- (b) if practicable, to reach agreement with the person about the appropriate action to be taken in relation to the matters to help achieve the objects of this Act; and\n- (c) if agreement is not reached—to make decisions under section 69 to help achieve the objects of this Act.","sortOrder":62},{"sectionNumber":"sec.47","sectionType":"section","heading":"Commissioner’s decision to hold conference","content":"### sec.47 Commissioner’s decision to hold conference\n\nIn deciding whether to hold a conference, the commissioner—\nmust have regard to the objects of this Act; and\nmay have regard to other matters the commissioner considers relevant, including, for example—\nwhether the commission has previously received an agency notice relating to the person the subject of the proposed conference; and\nthe nature of the matters raised in any agency notice relating to the person; and\nif the proposed conference is about a school attendance notice—the extent to which a student mentioned in the notice has been absent from school.\n- (a) must have regard to the objects of this Act; and\n- (b) may have regard to other matters the commissioner considers relevant, including, for example— (i) whether the commission has previously received an agency notice relating to the person the subject of the proposed conference; and (ii) the nature of the matters raised in any agency notice relating to the person; and (iii) if the proposed conference is about a school attendance notice—the extent to which a student mentioned in the notice has been absent from school.\n- (i) whether the commission has previously received an agency notice relating to the person the subject of the proposed conference; and\n- (ii) the nature of the matters raised in any agency notice relating to the person; and\n- (iii) if the proposed conference is about a school attendance notice—the extent to which a student mentioned in the notice has been absent from school.\n- (i) whether the commission has previously received an agency notice relating to the person the subject of the proposed conference; and\n- (ii) the nature of the matters raised in any agency notice relating to the person; and\n- (iii) if the proposed conference is about a school attendance notice—the extent to which a student mentioned in the notice has been absent from school.","sortOrder":63},{"sectionNumber":"sec.48","sectionType":"section","heading":"Matters commissioner or commission may have regard to in considering whether a person is a community member","content":"### sec.48 Matters commissioner or commission may have regard to in considering whether a person is a community member\n\nIn considering, for the purpose of section 7 (b) , whether a relevant person for an agency notice is a community member, the commissioner or commission may have regard to any of the following matters—\nthe postal address, or address of the place of residence, of the person last known to the secretary;\nwhether a child of the person is enrolled at a school in a welfare reform community area;\nwhether the person is or has been a party to a residential tenancy agreement relating to premises in a welfare reform community area;\nif the person is an Aboriginal person or a Torres Strait Islander—the person’s usual place of residence, having regard to the person’s family or kinship relationships;\nthe frequency and duration of, and reasons for, any periods the person spends outside of a welfare reform community area;\nanything else the commissioner or commission considers relevant.\ns 48 amd 2011 No. 35 s 4\n- (a) the postal address, or address of the place of residence, of the person last known to the secretary;\n- (b) whether a child of the person is enrolled at a school in a welfare reform community area;\n- (c) whether the person is or has been a party to a residential tenancy agreement relating to premises in a welfare reform community area;\n- (d) if the person is an Aboriginal person or a Torres Strait Islander—the person’s usual place of residence, having regard to the person’s family or kinship relationships;\n- (e) the frequency and duration of, and reasons for, any periods the person spends outside of a welfare reform community area;\n- (f) anything else the commissioner or commission considers relevant.","sortOrder":64},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Jurisdiction and operation","content":"## Jurisdiction and operation","sortOrder":65},{"sectionNumber":"sec.49","sectionType":"section","heading":"Holding conferences","content":"### sec.49 Holding conferences\n\nThe commission may hold a conference in relation to a relevant person for an agency notice only if the commissioner considers the relevant person for the notice is a community member.","sortOrder":66},{"sectionNumber":"sec.50","sectionType":"section","heading":"Constitution of commission for conference generally","content":"### sec.50 Constitution of commission for conference generally\n\nSubject to section 50A , for a conference, the commission is to be constituted by—\nthe commissioner; and\n2 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the conference lives or lived.\nThe local commissioners mentioned in subsection (1) (b) are to be nominated by a local registry coordinator, and appointed by the commissioner, under section 51 .\ns 50 amd 2010 No. 42 s 51\n(sec.50-ssec.1) Subject to section 50A , for a conference, the commission is to be constituted by— the commissioner; and 2 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the conference lives or lived.\n(sec.50-ssec.2) The local commissioners mentioned in subsection (1) (b) are to be nominated by a local registry coordinator, and appointed by the commissioner, under section 51 .\n- (a) the commissioner; and\n- (b) 2 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the conference lives or lived.","sortOrder":67},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Constitution of commission for particular conference","content":"### sec.50A Constitution of commission for particular conference\n\nIf the commissioner considers it appropriate in the circumstances, the commissioner may, for a particular conference, direct the commission to be constituted by 3 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the conference lives or lived.\nThe local commissioners are to be nominated by a local registry coordinator, and appointed by the commissioner, under section 51 .\nThe commissioner must nominate one of the local commissioners to be the chairperson of the commission for the conference.\nThe chairperson is to preside at the conference.\ns 50A ins 2010 No. 42 s 52\namd 2013 No. 48 s 2A\n(sec.50A-ssec.1) If the commissioner considers it appropriate in the circumstances, the commissioner may, for a particular conference, direct the commission to be constituted by 3 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the conference lives or lived.\n(sec.50A-ssec.2) The local commissioners are to be nominated by a local registry coordinator, and appointed by the commissioner, under section 51 .\n(sec.50A-ssec.3) The commissioner must nominate one of the local commissioners to be the chairperson of the commission for the conference.\n(sec.50A-ssec.4) The chairperson is to preside at the conference.","sortOrder":68},{"sectionNumber":"sec.50B","sectionType":"section","heading":"Commissioner must monitor particular decisions","content":"### sec.50B Commissioner must monitor particular decisions\n\nIf the commission is constituted under section 50A for a conference, the commissioner must monitor the decision of the commission for the conference for consistency of the decision with other decisions of the commission when constituted under section 50 or 50A .\ns 50B ins 2010 No. 42 s 52","sortOrder":69},{"sectionNumber":"sec.51","sectionType":"section","heading":"Nomination and appointment of local commissioners for conference","content":"### sec.51 Nomination and appointment of local commissioners for conference\n\nThe local commissioners for a conference are to be—\nnominated by the local registry coordinator for the welfare reform community area in consultation with the local commissioners appointed for the area; and\nappointed by the commissioner.\nA person can not be nominated under subsection (1) unless the person has successfully completed the training reasonably required by the Minister to ensure the person can properly perform the person’s duties on the commission.\nIn nominating or appointing the local commissioners for a conference, the local registry coordinator and commissioner must—\nif the person the subject of the conference is an Aboriginal person or a Torres Strait Islander—consider whether the nominees or appointees are appropriate, having regard to the clan or family group to which the person belongs; and\nhaving regard to the matter to which the agency notice relates, consider whether the local commissioners should be male or female; and\nif practicable and appropriate in the circumstances, ensure that 1 of the local commissioners is female.\n(sec.51-ssec.1) The local commissioners for a conference are to be— nominated by the local registry coordinator for the welfare reform community area in consultation with the local commissioners appointed for the area; and appointed by the commissioner.\n(sec.51-ssec.2) A person can not be nominated under subsection (1) unless the person has successfully completed the training reasonably required by the Minister to ensure the person can properly perform the person’s duties on the commission.\n(sec.51-ssec.3) In nominating or appointing the local commissioners for a conference, the local registry coordinator and commissioner must— if the person the subject of the conference is an Aboriginal person or a Torres Strait Islander—consider whether the nominees or appointees are appropriate, having regard to the clan or family group to which the person belongs; and having regard to the matter to which the agency notice relates, consider whether the local commissioners should be male or female; and if practicable and appropriate in the circumstances, ensure that 1 of the local commissioners is female.\n- (a) nominated by the local registry coordinator for the welfare reform community area in consultation with the local commissioners appointed for the area; and\n- (b) appointed by the commissioner.\n- (a) if the person the subject of the conference is an Aboriginal person or a Torres Strait Islander—consider whether the nominees or appointees are appropriate, having regard to the clan or family group to which the person belongs; and\n- (b) having regard to the matter to which the agency notice relates, consider whether the local commissioners should be male or female; and\n- (c) if practicable and appropriate in the circumstances, ensure that 1 of the local commissioners is female.","sortOrder":70},{"sectionNumber":"sec.52","sectionType":"section","heading":"Disclosure of interests","content":"### sec.52 Disclosure of interests\n\nThis section applies to a commission member constituting the commission for a conference if—\nthe member becomes aware of a direct or indirect interest, financial or otherwise, the member has in a matter being considered or about to be considered at the conference; and\nthe interest could conflict with the proper performance of the member’s duties for considering the matter.\nThe commission member must immediately disclose the issue giving rise to the conflict to the other commission members constituting the commission for the conference.\nThe commission member may take part in the conference only with the agreement of the other commission members constituting the commission for the conference.\n(sec.52-ssec.1) This section applies to a commission member constituting the commission for a conference if— the member becomes aware of a direct or indirect interest, financial or otherwise, the member has in a matter being considered or about to be considered at the conference; and the interest could conflict with the proper performance of the member’s duties for considering the matter.\n(sec.52-ssec.2) The commission member must immediately disclose the issue giving rise to the conflict to the other commission members constituting the commission for the conference.\n(sec.52-ssec.3) The commission member may take part in the conference only with the agreement of the other commission members constituting the commission for the conference.\n- (a) the member becomes aware of a direct or indirect interest, financial or otherwise, the member has in a matter being considered or about to be considered at the conference; and\n- (b) the interest could conflict with the proper performance of the member’s duties for considering the matter.","sortOrder":71},{"sectionNumber":"sec.53","sectionType":"section","heading":"Reconstituting commission for conferences generally","content":"### sec.53 Reconstituting commission for conferences generally\n\nThis section applies if a constituting member for a conference, other than a constituting member for a conference mentioned in section 50A , stops being a member or for any reason is not available for the conference.\nThe commissioner may direct that the commission for the conference be constituted by the commissioner, the remaining constituting member and another local commissioner appointed by the commissioner.\nIn appointing another local commissioner, the commissioner must have regard to the matters mentioned in section 51 (2) and (3) .\nThe commission as reconstituted must continue and finish the conference, and, for that purpose, may have regard to any record relating to the conference made by the commission as previously constituted.\ns 53 amd 2010 No. 42 s 53\n(sec.53-ssec.1) This section applies if a constituting member for a conference, other than a constituting member for a conference mentioned in section 50A , stops being a member or for any reason is not available for the conference.\n(sec.53-ssec.2) The commissioner may direct that the commission for the conference be constituted by the commissioner, the remaining constituting member and another local commissioner appointed by the commissioner.\n(sec.53-ssec.3) In appointing another local commissioner, the commissioner must have regard to the matters mentioned in section 51 (2) and (3) .\n(sec.53-ssec.4) The commission as reconstituted must continue and finish the conference, and, for that purpose, may have regard to any record relating to the conference made by the commission as previously constituted.","sortOrder":72},{"sectionNumber":"sec.53A","sectionType":"section","heading":"Reconstituting commission for particular conferences","content":"### sec.53A Reconstituting commission for particular conferences\n\nThis section applies if the commission is constituted under section 50A for a conference.\nIf a constituting member for the conference stops being a member or for any reason is not available for the conference, the commissioner may direct that the commission for the conference be constituted by—\nthe remaining constituting members and another local commissioner appointed by the commissioner; or\nthe commissioner and the remaining constituting members.\nIf the commission adjourns a conference under section 64 (2) and the commissioner does not endorse the proposed income management decision, after the adjournment the commission for the conference is to be constituted by—\nthe commissioner; and\nthe 3 local commissioners who were constituting members for the conference before the adjournment.\nIf a constituting member mentioned in subsection (3) (b) stops being a member, or for any reason is not available for the conference after the adjournment, the commissioner may direct that the commission for the conference be constituted by—\nthe commissioner and the remaining constituting members; or\nthe commissioner, the remaining constituting members and another local commissioner appointed by the commissioner.\nIn appointing another local commissioner under subsection (2) (a) or (4) (b) , the commissioner must have regard to the matters mentioned in section 51 (2) and (3) .\nThe commission as reconstituted must continue and finish the conference, and, for that purpose, may have regard to any record relating to the conference made by the commission as previously constituted.\ns 53A ins 2010 No. 42 s 54\namd 2013 No. 48 s 2B\n(sec.53A-ssec.1) This section applies if the commission is constituted under section 50A for a conference.\n(sec.53A-ssec.2) If a constituting member for the conference stops being a member or for any reason is not available for the conference, the commissioner may direct that the commission for the conference be constituted by— the remaining constituting members and another local commissioner appointed by the commissioner; or the commissioner and the remaining constituting members.\n(sec.53A-ssec.3) If the commission adjourns a conference under section 64 (2) and the commissioner does not endorse the proposed income management decision, after the adjournment the commission for the conference is to be constituted by— the commissioner; and the 3 local commissioners who were constituting members for the conference before the adjournment.\n(sec.53A-ssec.4) If a constituting member mentioned in subsection (3) (b) stops being a member, or for any reason is not available for the conference after the adjournment, the commissioner may direct that the commission for the conference be constituted by— the commissioner and the remaining constituting members; or the commissioner, the remaining constituting members and another local commissioner appointed by the commissioner.\n(sec.53A-ssec.5) In appointing another local commissioner under subsection (2) (a) or (4) (b) , the commissioner must have regard to the matters mentioned in section 51 (2) and (3) .\n(sec.53A-ssec.6) The commission as reconstituted must continue and finish the conference, and, for that purpose, may have regard to any record relating to the conference made by the commission as previously constituted.\n- (a) the remaining constituting members and another local commissioner appointed by the commissioner; or\n- (b) the commissioner and the remaining constituting members.\n- (a) the commissioner; and\n- (b) the 3 local commissioners who were constituting members for the conference before the adjournment.\n- (a) the commissioner and the remaining constituting members; or\n- (b) the commissioner, the remaining constituting members and another local commissioner appointed by the commissioner.","sortOrder":73},{"sectionNumber":"sec.54","sectionType":"section","heading":"Representation at conference","content":"### sec.54 Representation at conference\n\nA person attending the commission at a conference must represent himself or herself.\nDespite subsection (1) , the person the subject of a conference may be represented at the conference by a lawyer if the commission considers it appropriate in the interests of justice to allow the person to be represented by a lawyer.\n(sec.54-ssec.1) A person attending the commission at a conference must represent himself or herself.\n(sec.54-ssec.2) Despite subsection (1) , the person the subject of a conference may be represented at the conference by a lawyer if the commission considers it appropriate in the interests of justice to allow the person to be represented by a lawyer.","sortOrder":74},{"sectionNumber":"sec.55","sectionType":"section","heading":"Conference privileged","content":"### sec.55 Conference privileged\n\nThis section applies to—\nanything said or admitted during a conference (the information ); and\na document, or a copy of a document, prepared for or in the course of a conference.\nThe information, document or copy is not admissible as evidence in a proceeding before a court, tribunal or disciplinary body.\nSubsection (2) does not apply to the information, document or copy for the purposes of an appeal under part 11 .\n(sec.55-ssec.1) This section applies to— anything said or admitted during a conference (the information ); and a document, or a copy of a document, prepared for or in the course of a conference.\n(sec.55-ssec.2) The information, document or copy is not admissible as evidence in a proceeding before a court, tribunal or disciplinary body.\n(sec.55-ssec.3) Subsection (2) does not apply to the information, document or copy for the purposes of an appeal under part 11 .\n- (a) anything said or admitted during a conference (the information ); and\n- (b) a document, or a copy of a document, prepared for or in the course of a conference.","sortOrder":75},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Conference procedures","content":"## Conference procedures","sortOrder":76},{"sectionNumber":"sec.56","sectionType":"section","heading":"Procedure generally","content":"### sec.56 Procedure generally\n\nIn a conference, the commission—\nmust observe natural justice; and\nmust act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and\nis not bound by the rules of evidence; and\nmay inquire into, and inform itself, of anything in the way it considers appropriate.\nThe commission may, in appropriate cases, hold a conference by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the conference.\nTo the extent a matter relating to the commission’s conduct of a conference is not provided for by this Act, the commission may decide its own procedure.\n(sec.56-ssec.1) In a conference, the commission— must observe natural justice; and must act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and is not bound by the rules of evidence; and may inquire into, and inform itself, of anything in the way it considers appropriate.\n(sec.56-ssec.2) The commission may, in appropriate cases, hold a conference by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the conference.\n(sec.56-ssec.3) To the extent a matter relating to the commission’s conduct of a conference is not provided for by this Act, the commission may decide its own procedure.\n- (a) must observe natural justice; and\n- (b) must act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and\n- (c) is not bound by the rules of evidence; and\n- (d) may inquire into, and inform itself, of anything in the way it considers appropriate.","sortOrder":77},{"sectionNumber":"sec.57","sectionType":"section","heading":"Time and place of conference","content":"### sec.57 Time and place of conference\n\nThe commission may hold a conference at the time and place decided by the commissioner.\nIn deciding a time and place for a conference, the commissioner must have regard to—\nthe need for the commission to respond in a timely way to the agency notice to which the conference relates; and\nthe location of the person the subject of the conference; and\nthe availability of other persons the commissioner considers appropriate to attend the conference; and\nAboriginal tradition and Island custom, if the conference involves Aboriginal people or Torres Strait Islanders.\nSubsection (2) does not limit the matters to which the commissioner may have regard.\n(sec.57-ssec.1) The commission may hold a conference at the time and place decided by the commissioner.\n(sec.57-ssec.2) In deciding a time and place for a conference, the commissioner must have regard to— the need for the commission to respond in a timely way to the agency notice to which the conference relates; and the location of the person the subject of the conference; and the availability of other persons the commissioner considers appropriate to attend the conference; and Aboriginal tradition and Island custom, if the conference involves Aboriginal people or Torres Strait Islanders.\n(sec.57-ssec.3) Subsection (2) does not limit the matters to which the commissioner may have regard.\n- (a) the need for the commission to respond in a timely way to the agency notice to which the conference relates; and\n- (b) the location of the person the subject of the conference; and\n- (c) the availability of other persons the commissioner considers appropriate to attend the conference; and\n- (d) Aboriginal tradition and Island custom, if the conference involves Aboriginal people or Torres Strait Islanders.","sortOrder":78},{"sectionNumber":"sec.58","sectionType":"section","heading":"When commission must hold conference","content":"### sec.58 When commission must hold conference\n\nThe commission must hold a conference within whichever is the longer of the following periods—\n1 year after receiving the agency notice to which the conference relates;\nif the person the subject of the conference is a prisoner when the notice was received, or becomes a prisoner within the period mentioned in paragraph (a) and before the commission holds a conference—6 months after the person stops being a prisoner;\nif paragraph (b) does not apply and the commission has taken reasonable steps to find the person but has not found the person within 6 months after receiving the notice—6 months after the person is found.\nIn this section—\nprisoner means a prisoner in a corrective services facility under the Corrective Services Act 2006 .\n(sec.58-ssec.1) The commission must hold a conference within whichever is the longer of the following periods— 1 year after receiving the agency notice to which the conference relates; if the person the subject of the conference is a prisoner when the notice was received, or becomes a prisoner within the period mentioned in paragraph (a) and before the commission holds a conference—6 months after the person stops being a prisoner; if paragraph (b) does not apply and the commission has taken reasonable steps to find the person but has not found the person within 6 months after receiving the notice—6 months after the person is found.\n(sec.58-ssec.2) In this section— prisoner means a prisoner in a corrective services facility under the Corrective Services Act 2006 .\n- (a) 1 year after receiving the agency notice to which the conference relates;\n- (b) if the person the subject of the conference is a prisoner when the notice was received, or becomes a prisoner within the period mentioned in paragraph (a) and before the commission holds a conference—6 months after the person stops being a prisoner;\n- (c) if paragraph (b) does not apply and the commission has taken reasonable steps to find the person but has not found the person within 6 months after receiving the notice—6 months after the person is found.","sortOrder":79},{"sectionNumber":"sec.59","sectionType":"section","heading":"Conference not limited to particular agency notice","content":"### sec.59 Conference not limited to particular agency notice\n\nIf the commissioner considers it appropriate in the circumstances, a conference may be about—\nmore than 1 agency notice relating to a particular person; and\nmore than 1 relevant person for an agency notice.\n- (a) more than 1 agency notice relating to a particular person; and\n- (b) more than 1 relevant person for an agency notice.","sortOrder":80},{"sectionNumber":"sec.60","sectionType":"section","heading":"Participation in conference","content":"### sec.60 Participation in conference\n\nThe following persons may take part in a conference—\nthe person the subject of the conference;\nsomeone the person mentioned in paragraph (a) chooses to provide support to the person;\nany other person the commission considers may help the commission deal with the issues raised in the agency notice to which the conference relates, including, for example, a member of the family of the person mentioned in paragraph (a) .\nAlso, if the registrar has under section 61 given notice of a conference to the notifying agency for the agency notice to which the conference relates, and the notice requires the agency to attend the conference, the agency or a person representing the agency must attend, and may take part in, the conference.\nSubject to subsections (1) and (2) , a conference must be held in private.\n(sec.60-ssec.1) The following persons may take part in a conference— the person the subject of the conference; someone the person mentioned in paragraph (a) chooses to provide support to the person; any other person the commission considers may help the commission deal with the issues raised in the agency notice to which the conference relates, including, for example, a member of the family of the person mentioned in paragraph (a) .\n(sec.60-ssec.2) Also, if the registrar has under section 61 given notice of a conference to the notifying agency for the agency notice to which the conference relates, and the notice requires the agency to attend the conference, the agency or a person representing the agency must attend, and may take part in, the conference.\n(sec.60-ssec.3) Subject to subsections (1) and (2) , a conference must be held in private.\n- (a) the person the subject of the conference;\n- (b) someone the person mentioned in paragraph (a) chooses to provide support to the person;\n- (c) any other person the commission considers may help the commission deal with the issues raised in the agency notice to which the conference relates, including, for example, a member of the family of the person mentioned in paragraph (a) .","sortOrder":81},{"sectionNumber":"sec.61","sectionType":"section","heading":"Notice of conference","content":"### sec.61 Notice of conference\n\nBefore the commission holds a conference, the registrar must give notice of the conference to—\nthe person the subject of the conference; and\nany other person the commissioner considers likely to make a useful contribution to the conduct of the conference.\nAlso, before the commission holds a conference the registrar may give notice of the conference to the notifying agency for the agency notice to which the conference relates.\nThe notice must include the following details of the proposed conference—\nthe day, time and place for the conference;\nthe purpose of the conference;\ninformation about the particular issues to be considered at the conference;\ninformation about the conduct of the conference.\nA notice given to a notifying agency under subsection (2) must state whether or not the commission requires the notifying agency to attend the conference.\n(sec.61-ssec.1) Before the commission holds a conference, the registrar must give notice of the conference to— the person the subject of the conference; and any other person the commissioner considers likely to make a useful contribution to the conduct of the conference.\n(sec.61-ssec.2) Also, before the commission holds a conference the registrar may give notice of the conference to the notifying agency for the agency notice to which the conference relates.\n(sec.61-ssec.3) The notice must include the following details of the proposed conference— the day, time and place for the conference; the purpose of the conference; information about the particular issues to be considered at the conference; information about the conduct of the conference.\n(sec.61-ssec.4) A notice given to a notifying agency under subsection (2) must state whether or not the commission requires the notifying agency to attend the conference.\n- (a) the person the subject of the conference; and\n- (b) any other person the commissioner considers likely to make a useful contribution to the conduct of the conference.\n- (a) the day, time and place for the conference;\n- (b) the purpose of the conference;\n- (c) information about the particular issues to be considered at the conference;\n- (d) information about the conduct of the conference.","sortOrder":82},{"sectionNumber":"sec.62","sectionType":"section","heading":"Obtaining views of persons not attending conference","content":"### sec.62 Obtaining views of persons not attending conference\n\nThe commissioner must take reasonable steps to ascertain before the conference, and make known at the conference, the views relevant to the conference of all the following—\na person given a notice under section 61 (1) (b) who notifies the commissioner that he or she will not be attending the conference;\nif the person the subject of the conference is an Aboriginal person or a Torres Strait Islander—a member of the clan or family group of the person who has not been given a notice under section 61 (1) (b) but whose views the commissioner considers should be obtained.\nHowever, the commissioner—\nis required to act under subsection (1) in relation to the views of a particular person only if the views may reasonably be ascertained and the commissioner does not expect the person to be attending the conference; and\nmay make known at the conference a person’s views only if the registrar has, at least 3 days before the conference, given the person the subject of the conference notice of the views.\nFor this section, if the commission is constituted under section 50A for a conference, the duty imposed on the commissioner under subsection (1) is taken to be a duty imposed on the chairperson of the commission for the conference.\ns 62 amd 2010 No. 42 s 55\n(sec.62-ssec.1) The commissioner must take reasonable steps to ascertain before the conference, and make known at the conference, the views relevant to the conference of all the following— a person given a notice under section 61 (1) (b) who notifies the commissioner that he or she will not be attending the conference; if the person the subject of the conference is an Aboriginal person or a Torres Strait Islander—a member of the clan or family group of the person who has not been given a notice under section 61 (1) (b) but whose views the commissioner considers should be obtained.\n(sec.62-ssec.2) However, the commissioner— is required to act under subsection (1) in relation to the views of a particular person only if the views may reasonably be ascertained and the commissioner does not expect the person to be attending the conference; and may make known at the conference a person’s views only if the registrar has, at least 3 days before the conference, given the person the subject of the conference notice of the views.\n(sec.62-ssec.3) For this section, if the commission is constituted under section 50A for a conference, the duty imposed on the commissioner under subsection (1) is taken to be a duty imposed on the chairperson of the commission for the conference.\n- (a) a person given a notice under section 61 (1) (b) who notifies the commissioner that he or she will not be attending the conference;\n- (b) if the person the subject of the conference is an Aboriginal person or a Torres Strait Islander—a member of the clan or family group of the person who has not been given a notice under section 61 (1) (b) but whose views the commissioner considers should be obtained.\n- (a) is required to act under subsection (1) in relation to the views of a particular person only if the views may reasonably be ascertained and the commissioner does not expect the person to be attending the conference; and\n- (b) may make known at the conference a person’s views only if the registrar has, at least 3 days before the conference, given the person the subject of the conference notice of the views.","sortOrder":83},{"sectionNumber":"sec.63","sectionType":"section","heading":"Particular matters about conduct of conference","content":"### sec.63 Particular matters about conduct of conference\n\nThe commission must take reasonable and practicable measures to ensure—\na conference is conducted in a way that recognises and is responsive to the needs of persons taking part in the conference, including, for example, their customs and traditions; and\npeople taking part in a conference—\nunderstand the commission’s role in the conference and the conference procedures; and\nhave an opportunity to participate in the conference and have their submissions considered; and\nif the first language of the person the subject of the conference is not English—appropriate arrangements are made to facilitate the person’s understanding of, and full participation in, the conference.\n- (a) a conference is conducted in a way that recognises and is responsive to the needs of persons taking part in the conference, including, for example, their customs and traditions; and\n- (b) people taking part in a conference— (i) understand the commission’s role in the conference and the conference procedures; and (ii) have an opportunity to participate in the conference and have their submissions considered; and\n- (i) understand the commission’s role in the conference and the conference procedures; and\n- (ii) have an opportunity to participate in the conference and have their submissions considered; and\n- (c) if the first language of the person the subject of the conference is not English—appropriate arrangements are made to facilitate the person’s understanding of, and full participation in, the conference.\n- (i) understand the commission’s role in the conference and the conference procedures; and\n- (ii) have an opportunity to participate in the conference and have their submissions considered; and","sortOrder":84},{"sectionNumber":"sec.64","sectionType":"section","heading":"Adjournment of conference","content":"### sec.64 Adjournment of conference\n\nIn considering whether to adjourn a conference, the commission must take into account the impact that the adjournment may have on the commission’s ability to deal in a timely way with the issues raised in the agency notice to which it relates.\nHowever, if the commission is constituted under section 50A for a conference, it must adjourn the conference to obtain the commissioner’s endorsement if it proposes to make an income management decision.\nIf the commission adjourns a conference, it must—\ngive reasons for the adjournment; and\nstate any matters it requires a party to the conference to address during the adjournment.\ns 64 amd 2010 No. 42 s 56 ; 2013 No. 48 s 2C\n(sec.64-ssec.1) In considering whether to adjourn a conference, the commission must take into account the impact that the adjournment may have on the commission’s ability to deal in a timely way with the issues raised in the agency notice to which it relates.\n(sec.64-ssec.2) However, if the commission is constituted under section 50A for a conference, it must adjourn the conference to obtain the commissioner’s endorsement if it proposes to make an income management decision.\n(sec.64-ssec.3) If the commission adjourns a conference, it must— give reasons for the adjournment; and state any matters it requires a party to the conference to address during the adjournment.\n- (a) give reasons for the adjournment; and\n- (b) state any matters it requires a party to the conference to address during the adjournment.","sortOrder":85},{"sectionNumber":"sec.65","sectionType":"section","heading":"Rescheduling conference","content":"### sec.65 Rescheduling conference\n\nThis section applies if a person who is given a notice under section 61 (1) (a) to attend a conference (the first conference ) fails to attend the conference.\nThe commission must reschedule the conference and the registrar must give notice of the rescheduled conference to—\nthe person; and\nany other person given notice of the first conference under section 61 (1) (b) or (2) .\nThe notice must state the time and place of the rescheduled conference.\n(sec.65-ssec.1) This section applies if a person who is given a notice under section 61 (1) (a) to attend a conference (the first conference ) fails to attend the conference.\n(sec.65-ssec.2) The commission must reschedule the conference and the registrar must give notice of the rescheduled conference to— the person; and any other person given notice of the first conference under section 61 (1) (b) or (2) .\n(sec.65-ssec.3) The notice must state the time and place of the rescheduled conference.\n- (a) the person; and\n- (b) any other person given notice of the first conference under section 61 (1) (b) or (2) .","sortOrder":86},{"sectionNumber":"sec.66","sectionType":"section","heading":"Commission may proceed in absence of person","content":"### sec.66 Commission may proceed in absence of person\n\nIf a person the subject of a rescheduled conference fails to attend the conference, the commission may hold the conference, and make a decision under part 6 about the agency notice to which it relates, in the absence of the person.\nHowever, the commission may make the decision only if satisfied—\nit has enough information to make an informed decision about the agency notice, having regard to the objects of this Act and the wellbeing of the person the subject of the conference or any other person; and\nthe person the subject of the conference has, under section 65 , received notice of the rescheduled conference or reasonable steps were taken to give the person notice of the rescheduled conference.\n(sec.66-ssec.1) If a person the subject of a rescheduled conference fails to attend the conference, the commission may hold the conference, and make a decision under part 6 about the agency notice to which it relates, in the absence of the person.\n(sec.66-ssec.2) However, the commission may make the decision only if satisfied— it has enough information to make an informed decision about the agency notice, having regard to the objects of this Act and the wellbeing of the person the subject of the conference or any other person; and the person the subject of the conference has, under section 65 , received notice of the rescheduled conference or reasonable steps were taken to give the person notice of the rescheduled conference.\n- (a) it has enough information to make an informed decision about the agency notice, having regard to the objects of this Act and the wellbeing of the person the subject of the conference or any other person; and\n- (b) the person the subject of the conference has, under section 65 , received notice of the rescheduled conference or reasonable steps were taken to give the person notice of the rescheduled conference.","sortOrder":87},{"sectionNumber":"sec.67","sectionType":"section","heading":"Record of conference","content":"### sec.67 Record of conference\n\nThe commission must keep a record of each conference.\nThe record must include all the following information—\nthe day the conference was held and its duration;\nthe names of the persons who took part in the conference;\nthe commission’s decision on the conference and the reasons for the decision;\nif the commission’s decision is not unanimous—the decision, and the reasons for the decision, of the commission members who did not agree with the commission’s decision.\nSubsection (2) does not limit the information the record may include.\n(sec.67-ssec.1) The commission must keep a record of each conference.\n(sec.67-ssec.2) The record must include all the following information— the day the conference was held and its duration; the names of the persons who took part in the conference; the commission’s decision on the conference and the reasons for the decision; if the commission’s decision is not unanimous—the decision, and the reasons for the decision, of the commission members who did not agree with the commission’s decision.\n(sec.67-ssec.3) Subsection (2) does not limit the information the record may include.\n- (a) the day the conference was held and its duration;\n- (b) the names of the persons who took part in the conference;\n- (c) the commission’s decision on the conference and the reasons for the decision;\n- (d) if the commission’s decision is not unanimous—the decision, and the reasons for the decision, of the commission members who did not agree with the commission’s decision.","sortOrder":88},{"sectionNumber":"pt.6","sectionType":"part","heading":"Commission’s decisions at conferences","content":"# Commission’s decisions at conferences","sortOrder":89},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Decisions","content":"## Decisions","sortOrder":90},{"sectionNumber":"sec.68","sectionType":"section","heading":"Decision to enter into agreement","content":"### sec.68 Decision to enter into agreement\n\nAfter holding a conference, the commission may decide to enter into an agreement (a family responsibilities agreement ) with the person the subject of the conference if satisfied the person is a community member.\nA family responsibilities agreement must be about—\nthe person attending an appropriate community support service under a case plan; or\nthe commission giving the secretary a notice requiring that the person be subject to income management.\nAlso, if the commission is constituted under section 50A , a notice mentioned in subsection (2) (b) may only require the person to be subject to income management if—\nthe requirement has first been endorsed by the commissioner; or\nSee section 64 (2) which provides for the conference to be adjourned to obtain the commissioner’s endorsement.\nif, after considering the requirement and each of the constituting member’s reasons for the decision or not agreeing with the decision, the commissioner does not endorse it—the requirement is affirmed by the commission as constituted under section 53A (3) or (4) .\nBefore making a decision mentioned in section 69 (1) (b) (iii) or (iv) , the commission must take reasonable steps to enter into a family responsibilities agreement with the person if the commission considers it appropriate in the circumstances.\nIf a family responsibilities agreement is about a person attending a community support service under a case plan, the agreement must state—\nthe period, of not more than 1 year, for which the person is required to attend the community support service; and\ndetails of the community support service; and\ninformation about the preparation of the case plan under this Act.\nIf a family responsibilities agreement is about the commission giving the secretary a notice requiring that a person be subject to income management, the agreement must state—\nthe period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; and\nthe proportion of the person’s welfare payments that is required to be deducted under income management.\nSubsections (5) and (6) do not limit the matters that may be included in a family responsibilities agreement.\nBefore entering into a family responsibilities agreement with a person, the commission must take the reasonable and appropriate steps to ensure the terms of the agreement are fully understood by the person.\nA family responsibilities agreement for a person must be signed by—\nthe person; and\nthe commissioner or a constituting member for the conference.\ns 68 amd 2011 No. 35 s 5 ; 2013 No. 48 s 2D ; 2015 No. 30 s 2 sch 1\n(sec.68-ssec.1) After holding a conference, the commission may decide to enter into an agreement (a family responsibilities agreement ) with the person the subject of the conference if satisfied the person is a community member.\n(sec.68-ssec.2) A family responsibilities agreement must be about— the person attending an appropriate community support service under a case plan; or the commission giving the secretary a notice requiring that the person be subject to income management.\n(sec.68-ssec.3A) Also, if the commission is constituted under section 50A , a notice mentioned in subsection (2) (b) may only require the person to be subject to income management if— the requirement has first been endorsed by the commissioner; or See section 64 (2) which provides for the conference to be adjourned to obtain the commissioner’s endorsement. if, after considering the requirement and each of the constituting member’s reasons for the decision or not agreeing with the decision, the commissioner does not endorse it—the requirement is affirmed by the commission as constituted under section 53A (3) or (4) .\n(sec.68-ssec.4) Before making a decision mentioned in section 69 (1) (b) (iii) or (iv) , the commission must take reasonable steps to enter into a family responsibilities agreement with the person if the commission considers it appropriate in the circumstances.\n(sec.68-ssec.5) If a family responsibilities agreement is about a person attending a community support service under a case plan, the agreement must state— the period, of not more than 1 year, for which the person is required to attend the community support service; and details of the community support service; and information about the preparation of the case plan under this Act.\n(sec.68-ssec.6) If a family responsibilities agreement is about the commission giving the secretary a notice requiring that a person be subject to income management, the agreement must state— the period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; and the proportion of the person’s welfare payments that is required to be deducted under income management.\n(sec.68-ssec.7) Subsections (5) and (6) do not limit the matters that may be included in a family responsibilities agreement.\n(sec.68-ssec.8) Before entering into a family responsibilities agreement with a person, the commission must take the reasonable and appropriate steps to ensure the terms of the agreement are fully understood by the person.\n(sec.68-ssec.9) A family responsibilities agreement for a person must be signed by— the person; and the commissioner or a constituting member for the conference.\n- (a) the person attending an appropriate community support service under a case plan; or\n- (b) the commission giving the secretary a notice requiring that the person be subject to income management.\n- (a) the requirement has first been endorsed by the commissioner; or Note— See section 64 (2) which provides for the conference to be adjourned to obtain the commissioner’s endorsement.\n- (b) if, after considering the requirement and each of the constituting member’s reasons for the decision or not agreeing with the decision, the commissioner does not endorse it—the requirement is affirmed by the commission as constituted under section 53A (3) or (4) .\n- (a) the period, of not more than 1 year, for which the person is required to attend the community support service; and\n- (b) details of the community support service; and\n- (c) information about the preparation of the case plan under this Act.\n- (a) the period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; and\n- (b) the proportion of the person’s welfare payments that is required to be deducted under income management.\n- (a) the person; and\n- (b) the commissioner or a constituting member for the conference.","sortOrder":91},{"sectionNumber":"sec.69","sectionType":"section","heading":"Other decisions","content":"### sec.69 Other decisions\n\nIf, after holding a conference about an agency notice, the commission does not enter into a family responsibilities agreement with the person the subject of the conference, the commission may decide—\nto take no further action in relation to the notice; or\nto do 1 or more of the following, if the commission is satisfied the person is a community member—\nreprimand the person;\nrecommend that the person attend an appropriate community support service;\ndirect the person to attend an appropriate community support service under a case plan for not more than 1 year;\ngive the secretary a notice requiring that the person be subject to income management for at least 3 months but not more than 1 year.\nBefore making a decision mentioned in subsection (1) (b) (iv) , the commission must consider whether it is more appropriate in all the circumstances merely to direct the person to attend an appropriate community support service under a case plan.\nAlso, if the commission is constituted under section 50A , a decision mentioned in subsection (1) (b) (iv) may only require the person to be subject to income management if—\nthe requirement has first been endorsed by the commissioner; or\nSee section 64 (2) which provides for the conference to be adjourned to obtain the commissioner’s endorsement.\nif, after considering the requirement and each constituting member’s reasons for the decision or not agreeing with the decision, the commissioner does not endorse it—the requirement is affirmed by the commission as constituted under section 53A (3) or (4) .\nIf the commission makes a decision under this section, the commission must take the reasonable and appropriate steps to ensure the person fully understands the decision.\ns 69 amd 2011 No. 35 s 6 ; 2013 No. 48 s 2E ; 2015 No. 30 s 2 sch 1\n(sec.69-ssec.1) If, after holding a conference about an agency notice, the commission does not enter into a family responsibilities agreement with the person the subject of the conference, the commission may decide— to take no further action in relation to the notice; or to do 1 or more of the following, if the commission is satisfied the person is a community member— reprimand the person; recommend that the person attend an appropriate community support service; direct the person to attend an appropriate community support service under a case plan for not more than 1 year; give the secretary a notice requiring that the person be subject to income management for at least 3 months but not more than 1 year.\n(sec.69-ssec.2) Before making a decision mentioned in subsection (1) (b) (iv) , the commission must consider whether it is more appropriate in all the circumstances merely to direct the person to attend an appropriate community support service under a case plan.\n(sec.69-ssec.3A) Also, if the commission is constituted under section 50A , a decision mentioned in subsection (1) (b) (iv) may only require the person to be subject to income management if— the requirement has first been endorsed by the commissioner; or See section 64 (2) which provides for the conference to be adjourned to obtain the commissioner’s endorsement. if, after considering the requirement and each constituting member’s reasons for the decision or not agreeing with the decision, the commissioner does not endorse it—the requirement is affirmed by the commission as constituted under section 53A (3) or (4) .\n(sec.69-ssec.4) If the commission makes a decision under this section, the commission must take the reasonable and appropriate steps to ensure the person fully understands the decision.\n- (a) to take no further action in relation to the notice; or\n- (b) to do 1 or more of the following, if the commission is satisfied the person is a community member— (i) reprimand the person; (ii) recommend that the person attend an appropriate community support service; (iii) direct the person to attend an appropriate community support service under a case plan for not more than 1 year; (iv) give the secretary a notice requiring that the person be subject to income management for at least 3 months but not more than 1 year.\n- (i) reprimand the person;\n- (ii) recommend that the person attend an appropriate community support service;\n- (iii) direct the person to attend an appropriate community support service under a case plan for not more than 1 year;\n- (iv) give the secretary a notice requiring that the person be subject to income management for at least 3 months but not more than 1 year.\n- (i) reprimand the person;\n- (ii) recommend that the person attend an appropriate community support service;\n- (iii) direct the person to attend an appropriate community support service under a case plan for not more than 1 year;\n- (iv) give the secretary a notice requiring that the person be subject to income management for at least 3 months but not more than 1 year.\n- (a) the requirement has first been endorsed by the commissioner; or Note— See section 64 (2) which provides for the conference to be adjourned to obtain the commissioner’s endorsement.\n- (b) if, after considering the requirement and each constituting member’s reasons for the decision or not agreeing with the decision, the commissioner does not endorse it—the requirement is affirmed by the commission as constituted under section 53A (3) or (4) .","sortOrder":92},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Notice of decisions","content":"## Notice of decisions","sortOrder":93},{"sectionNumber":"sec.70","sectionType":"section","heading":"Notice of decision","content":"### sec.70 Notice of decision\n\nAs soon as practicable after the commission makes a decision under section 69 , the registrar must give the person the subject of the conference notice of the decision.\nThe notice of the decision must state all of the following—\nthe decision and the reasons for it;\nif the decision is, or includes, a direction to the person to attend a community support service under a case plan—\nthe period, of not more than 1 year, for which the person is required to attend the community support service; and\ndetails of the community support service; and\ninformation about the preparation of the case plan under this Act;\nif the decision is to give, or includes giving, the secretary a notice requiring that the person be subject to income management—\nthe period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; and\nthe proportion of the person’s welfare payments that is required to be deducted under income management.\nIf the notice is for a decision mentioned in subsection (2) (b) or (c) , the notice must be accompanied by an appeal notice for the decision.\ns 70 amd 2011 No. 35 s 7\n(sec.70-ssec.1) As soon as practicable after the commission makes a decision under section 69 , the registrar must give the person the subject of the conference notice of the decision.\n(sec.70-ssec.2) The notice of the decision must state all of the following— the decision and the reasons for it; if the decision is, or includes, a direction to the person to attend a community support service under a case plan— the period, of not more than 1 year, for which the person is required to attend the community support service; and details of the community support service; and information about the preparation of the case plan under this Act; if the decision is to give, or includes giving, the secretary a notice requiring that the person be subject to income management— the period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; and the proportion of the person’s welfare payments that is required to be deducted under income management.\n(sec.70-ssec.3) If the notice is for a decision mentioned in subsection (2) (b) or (c) , the notice must be accompanied by an appeal notice for the decision.\n- (a) the decision and the reasons for it;\n- (b) if the decision is, or includes, a direction to the person to attend a community support service under a case plan— (i) the period, of not more than 1 year, for which the person is required to attend the community support service; and (ii) details of the community support service; and (iii) information about the preparation of the case plan under this Act;\n- (i) the period, of not more than 1 year, for which the person is required to attend the community support service; and\n- (ii) details of the community support service; and\n- (iii) information about the preparation of the case plan under this Act;\n- (c) if the decision is to give, or includes giving, the secretary a notice requiring that the person be subject to income management— (i) the period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; and (ii) the proportion of the person’s welfare payments that is required to be deducted under income management.\n- (i) the period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; and\n- (ii) the proportion of the person’s welfare payments that is required to be deducted under income management.\n- (i) the period, of not more than 1 year, for which the person is required to attend the community support service; and\n- (ii) details of the community support service; and\n- (iii) information about the preparation of the case plan under this Act;\n- (i) the period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; and\n- (ii) the proportion of the person’s welfare payments that is required to be deducted under income management.","sortOrder":94},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Criteria for making decisions","content":"## Criteria for making decisions","sortOrder":95},{"sectionNumber":"sec.71","sectionType":"section","heading":"Matters commission has regard to in making particular decisions","content":"### sec.71 Matters commission has regard to in making particular decisions\n\nThis section applies to a decision under section 69 —\nto direct a person to attend a community support service under a case plan; or\nto give the secretary a notice requiring that a person be subject to income management.\nIn making the decision, the commission—\nmust have regard to—\nthe nature of the matters to which the agency notice for the conference relates; and\nhow the decision is likely—\nto facilitate early intervention in relation to the matters; and\nto help the person engage in socially responsible standards of behaviour; and\nmay have regard to—\nany action taken by the notifying agency for the agency notice in relation to the matters to which the notice relates; and\nany other agency notices received by the commission in relation to the person; and\nanything else the commission considers relevant.\ns 71 amd 2011 No. 35 s 8\n(sec.71-ssec.1) This section applies to a decision under section 69 — to direct a person to attend a community support service under a case plan; or to give the secretary a notice requiring that a person be subject to income management.\n(sec.71-ssec.2) In making the decision, the commission— must have regard to— the nature of the matters to which the agency notice for the conference relates; and how the decision is likely— to facilitate early intervention in relation to the matters; and to help the person engage in socially responsible standards of behaviour; and may have regard to— any action taken by the notifying agency for the agency notice in relation to the matters to which the notice relates; and any other agency notices received by the commission in relation to the person; and anything else the commission considers relevant.\n- (a) to direct a person to attend a community support service under a case plan; or\n- (b) to give the secretary a notice requiring that a person be subject to income management.\n- (a) must have regard to— (i) the nature of the matters to which the agency notice for the conference relates; and (ii) how the decision is likely— (A) to facilitate early intervention in relation to the matters; and (B) to help the person engage in socially responsible standards of behaviour; and\n- (i) the nature of the matters to which the agency notice for the conference relates; and\n- (ii) how the decision is likely— (A) to facilitate early intervention in relation to the matters; and (B) to help the person engage in socially responsible standards of behaviour; and\n- (A) to facilitate early intervention in relation to the matters; and\n- (B) to help the person engage in socially responsible standards of behaviour; and\n- (b) may have regard to— (i) any action taken by the notifying agency for the agency notice in relation to the matters to which the notice relates; and (ii) any other agency notices received by the commission in relation to the person; and (iii) anything else the commission considers relevant.\n- (i) any action taken by the notifying agency for the agency notice in relation to the matters to which the notice relates; and\n- (ii) any other agency notices received by the commission in relation to the person; and\n- (iii) anything else the commission considers relevant.\n- (i) the nature of the matters to which the agency notice for the conference relates; and\n- (ii) how the decision is likely— (A) to facilitate early intervention in relation to the matters; and (B) to help the person engage in socially responsible standards of behaviour; and\n- (A) to facilitate early intervention in relation to the matters; and\n- (B) to help the person engage in socially responsible standards of behaviour; and\n- (A) to facilitate early intervention in relation to the matters; and\n- (B) to help the person engage in socially responsible standards of behaviour; and\n- (i) any action taken by the notifying agency for the agency notice in relation to the matters to which the notice relates; and\n- (ii) any other agency notices received by the commission in relation to the person; and\n- (iii) anything else the commission considers relevant.","sortOrder":96},{"sectionNumber":"sec.72","sectionType":"section","heading":"Matters commission has regard to in making decision about child safety notice","content":"### sec.72 Matters commission has regard to in making decision about child safety notice\n\nThis section applies to a decision at a conference about a child safety notice if the decision is—\nto enter into a family responsibilities agreement about the person the subject of the conference attending a community support service; or\nto recommend or direct that the person attend a community support service.\nIn making the decision, the commission must have regard to any case plan prepared under the Child Protection Act 1999 , chapter 2 , part 3A , in relation to a child the subject of the allegation to which the child safety notice relates.\nThis section does not limit section 71 .\n(sec.72-ssec.1) This section applies to a decision at a conference about a child safety notice if the decision is— to enter into a family responsibilities agreement about the person the subject of the conference attending a community support service; or to recommend or direct that the person attend a community support service.\n(sec.72-ssec.2) In making the decision, the commission must have regard to any case plan prepared under the Child Protection Act 1999 , chapter 2 , part 3A , in relation to a child the subject of the allegation to which the child safety notice relates.\n(sec.72-ssec.3) This section does not limit section 71 .\n- (a) to enter into a family responsibilities agreement about the person the subject of the conference attending a community support service; or\n- (b) to recommend or direct that the person attend a community support service.","sortOrder":97},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":98},{"sectionNumber":"sec.73","sectionType":"section","heading":"Notice about requirement to attend community support service","content":"### sec.73 Notice about requirement to attend community support service\n\nThis section applies if the commission decides—\nto enter into an agreement with a person about attending a community support service; or\nto direct a person to attend a community support service.\nThe commission must, as soon as practicable after making the decision, inform the registrar—\nof the decision; and\nif the agreement or direction includes section 76 matters, that a case plan need not be recorded for the person.\nSee section 77 (2) for the circumstances in which the registrar need not record a case plan.\ns 73 amd 2010 No. 42 s 57\n(sec.73-ssec.1) This section applies if the commission decides— to enter into an agreement with a person about attending a community support service; or to direct a person to attend a community support service.\n(sec.73-ssec.2) The commission must, as soon as practicable after making the decision, inform the registrar— of the decision; and if the agreement or direction includes section 76 matters, that a case plan need not be recorded for the person. See section 77 (2) for the circumstances in which the registrar need not record a case plan.\n- (a) to enter into an agreement with a person about attending a community support service; or\n- (b) to direct a person to attend a community support service.\n- (a) of the decision; and\n- (b) if the agreement or direction includes section 76 matters, that a case plan need not be recorded for the person. Note— See section 77 (2) for the circumstances in which the registrar need not record a case plan.","sortOrder":99},{"sectionNumber":"sec.74","sectionType":"section","heading":"Notice to secretary","content":"### sec.74 Notice to secretary\n\nAs soon as practicable after entering into a family responsibilities agreement, or making a decision under section 69 , requiring that a person be subject to income management, the commission must give the secretary notice of the agreement or decision.\nThe notice must be in the approved form.\nThe approved form must include provision for the following—\nthe person’s name;\nthe period, of at least 3 months but not more than 1 year, for which the person will be subject to income management;\nthe proportion of the person’s welfare payments that is required to be deducted under income management.\nThe notice must be accompanied by a copy of the family responsibilities agreement or other decision of the commission relating to the requirement for the person to be subject to income management.\ns 74 amd 2011 No. 35 s 9\n(sec.74-ssec.1) As soon as practicable after entering into a family responsibilities agreement, or making a decision under section 69 , requiring that a person be subject to income management, the commission must give the secretary notice of the agreement or decision.\n(sec.74-ssec.2) The notice must be in the approved form.\n(sec.74-ssec.3) The approved form must include provision for the following— the person’s name; the period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; the proportion of the person’s welfare payments that is required to be deducted under income management.\n(sec.74-ssec.4) The notice must be accompanied by a copy of the family responsibilities agreement or other decision of the commission relating to the requirement for the person to be subject to income management.\n- (a) the person’s name;\n- (b) the period, of at least 3 months but not more than 1 year, for which the person will be subject to income management;\n- (c) the proportion of the person’s welfare payments that is required to be deducted under income management.","sortOrder":100},{"sectionNumber":"sec.75","sectionType":"section","heading":"Revocation of notice to secretary","content":"### sec.75 Revocation of notice to secretary\n\nThis section applies if—\na person is subject to income management because of a notice (the original notice ) given to the secretary; and\nthe commission decides, at a conference, to give the secretary a further notice requiring that the person be subject to income management.\nThe further notice must be accompanied by a notice revoking the original notice.\ns 75 amd 2011 No. 35 s 10\n(sec.75-ssec.1) This section applies if— a person is subject to income management because of a notice (the original notice ) given to the secretary; and the commission decides, at a conference, to give the secretary a further notice requiring that the person be subject to income management.\n(sec.75-ssec.2) The further notice must be accompanied by a notice revoking the original notice.\n- (a) a person is subject to income management because of a notice (the original notice ) given to the secretary; and\n- (b) the commission decides, at a conference, to give the secretary a further notice requiring that the person be subject to income management.","sortOrder":101},{"sectionNumber":"pt.7","sectionType":"part","heading":"Provisions about case plans","content":"# Provisions about case plans","sortOrder":102},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Case plans","content":"## Case plans","sortOrder":103},{"sectionNumber":"sec.76","sectionType":"section","heading":"Meaning of case plan","content":"### sec.76 Meaning of case plan\n\nA case plan is a written plan—\nprepared by the registrar; and\nrelating to a person’s attendance at a community support service; and\nincluding all the following matters—\nthe goal to be achieved by implementing the plan;\ndetails of the community support service to which the plan relates;\ninformation about whether a person’s attendance at a community support service under the plan is compulsory;\nif a person’s attendance at a community support service under the plan is compulsory—information about the consequences of not complying with the plan.\nSubsection (1) (c) does not limit the matters a case plan may include.\n(sec.76-ssec.1) A case plan is a written plan— prepared by the registrar; and relating to a person’s attendance at a community support service; and including all the following matters— the goal to be achieved by implementing the plan; details of the community support service to which the plan relates; information about whether a person’s attendance at a community support service under the plan is compulsory; if a person’s attendance at a community support service under the plan is compulsory—information about the consequences of not complying with the plan.\n(sec.76-ssec.2) Subsection (1) (c) does not limit the matters a case plan may include.\n- (a) prepared by the registrar; and\n- (b) relating to a person’s attendance at a community support service; and\n- (c) including all the following matters— (i) the goal to be achieved by implementing the plan; (ii) details of the community support service to which the plan relates; (iii) information about whether a person’s attendance at a community support service under the plan is compulsory; (iv) if a person’s attendance at a community support service under the plan is compulsory—information about the consequences of not complying with the plan.\n- (i) the goal to be achieved by implementing the plan;\n- (ii) details of the community support service to which the plan relates;\n- (iii) information about whether a person’s attendance at a community support service under the plan is compulsory;\n- (iv) if a person’s attendance at a community support service under the plan is compulsory—information about the consequences of not complying with the plan.\n- (i) the goal to be achieved by implementing the plan;\n- (ii) details of the community support service to which the plan relates;\n- (iii) information about whether a person’s attendance at a community support service under the plan is compulsory;\n- (iv) if a person’s attendance at a community support service under the plan is compulsory—information about the consequences of not complying with the plan.","sortOrder":104},{"sectionNumber":"sec.77","sectionType":"section","heading":"Recording of case plan","content":"### sec.77 Recording of case plan\n\nThe registrar must record each case plan in the approved form.\nHowever, the registrar need not record a case plan under subsection (1) if the commission decides to—\nenter into a family responsibilities agreement under section 68 (2) (a) and the agreement includes section 76 matters; or\nmake a family responsibilities order to direct a person under section 69 (1) (b) (iii) and the order includes section 76 matters.\ns 77 amd 2010 No. 42 s 58\n(sec.77-ssec.1) The registrar must record each case plan in the approved form.\n(sec.77-ssec.2) However, the registrar need not record a case plan under subsection (1) if the commission decides to— enter into a family responsibilities agreement under section 68 (2) (a) and the agreement includes section 76 matters; or make a family responsibilities order to direct a person under section 69 (1) (b) (iii) and the order includes section 76 matters.\n- (a) enter into a family responsibilities agreement under section 68 (2) (a) and the agreement includes section 76 matters; or\n- (b) make a family responsibilities order to direct a person under section 69 (1) (b) (iii) and the order includes section 76 matters.","sortOrder":105},{"sectionNumber":"sec.78","sectionType":"section","heading":"Preparation and endorsement of particular case plans","content":"### sec.78 Preparation and endorsement of particular case plans\n\nThis section applies if the registrar must prepare a case plan (a compulsory case plan ) for—\na family responsibilities agreement; or\na decision of the commission directing a person to attend a community support service under a case plan.\nThe registrar must prepare the case plan as soon as practicable after the decision is made.\nWithin 7 days after the case plan is prepared, the commissioner must endorse the plan unless section 79 applies.\n(sec.78-ssec.1) This section applies if the registrar must prepare a case plan (a compulsory case plan ) for— a family responsibilities agreement; or a decision of the commission directing a person to attend a community support service under a case plan.\n(sec.78-ssec.2) The registrar must prepare the case plan as soon as practicable after the decision is made.\n(sec.78-ssec.3) Within 7 days after the case plan is prepared, the commissioner must endorse the plan unless section 79 applies.\n- (a) a family responsibilities agreement; or\n- (b) a decision of the commission directing a person to attend a community support service under a case plan.","sortOrder":106},{"sectionNumber":"sec.79","sectionType":"section","heading":"Commissioner may ask registrar to amend compulsory case plan","content":"### sec.79 Commissioner may ask registrar to amend compulsory case plan\n\nThis section applies if the commissioner is satisfied a compulsory case plan prepared for a particular person, or something in the plan, does not adequately address the issues of concern to the commission in making the decision for which the plan was prepared.\nThe commissioner may ask the registrar to amend the case plan to the extent necessary to adequately address the issues mentioned in subsection (1) .\nThe commissioner must endorse the amended plan if the commissioner considers it satisfactorily addresses the issues mentioned in subsection (1) .\nThe commissioner may act under subsection (2) more than once.\n(sec.79-ssec.1) This section applies if the commissioner is satisfied a compulsory case plan prepared for a particular person, or something in the plan, does not adequately address the issues of concern to the commission in making the decision for which the plan was prepared.\n(sec.79-ssec.2) The commissioner may ask the registrar to amend the case plan to the extent necessary to adequately address the issues mentioned in subsection (1) .\n(sec.79-ssec.3) The commissioner must endorse the amended plan if the commissioner considers it satisfactorily addresses the issues mentioned in subsection (1) .\n(sec.79-ssec.4) The commissioner may act under subsection (2) more than once.","sortOrder":107},{"sectionNumber":"sec.80","sectionType":"section","heading":"Registrar to give copy of, and explain, compulsory case plan","content":"### sec.80 Registrar to give copy of, and explain, compulsory case plan\n\nAs soon as practicable after a compulsory case plan for a particular person has been recorded in the approved form and endorsed by the commissioner, the registrar must—\ngive a copy of the plan to the person; and\nexplain the plan to the person in a way that ensures the person fully understands it.\n- (a) give a copy of the plan to the person; and\n- (b) explain the plan to the person in a way that ensures the person fully understands it.","sortOrder":108},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Noncompliance with case plans","content":"## Noncompliance with case plans","sortOrder":109},{"sectionNumber":"sec.81","sectionType":"section","heading":"Definitions for div 2","content":"### sec.81 Definitions for div 2\n\nIn this division—\ncase plan includes—\nif a family responsibilities agreement includes section 76 matters—the matters; or\nif a family responsibilities order to direct a person to attend a community support service includes section 76 matters—the matters.\ns 81 def case plan ins 2010 No. 42 s 60 (2)\nproposed action , for a show cause notice given to a person, means the following actions—\nif the person is subject to income management when the notice is given—\nincreasing the period for which the person will be subject to income management; or\nincreasing the proportion of the person’s welfare payments that is required to be deducted under income management;\nif the person is not subject to income management when the notice is given—giving the secretary a notice requiring that the person be subject to income management.\ns 81 def proposed action amd 2011 No. 35 s 11\ns 81 amd 2010 No. 42 s 60 (1)\n- (a) if a family responsibilities agreement includes section 76 matters—the matters; or\n- (b) if a family responsibilities order to direct a person to attend a community support service includes section 76 matters—the matters.\n- (a) if the person is subject to income management when the notice is given— (i) increasing the period for which the person will be subject to income management; or (ii) increasing the proportion of the person’s welfare payments that is required to be deducted under income management;\n- (i) increasing the period for which the person will be subject to income management; or\n- (ii) increasing the proportion of the person’s welfare payments that is required to be deducted under income management;\n- (b) if the person is not subject to income management when the notice is given—giving the secretary a notice requiring that the person be subject to income management.\n- (i) increasing the period for which the person will be subject to income management; or\n- (ii) increasing the proportion of the person’s welfare payments that is required to be deducted under income management;","sortOrder":110},{"sectionNumber":"sec.82","sectionType":"section","heading":"Show cause notice","content":"### sec.82 Show cause notice\n\nThis section applies if the commissioner reasonably believes a person who is a welfare recipient has not complied with a requirement under a case plan about the person attending a community support service.\nThe commissioner must give the person a notice under this section (a show cause notice ).\nThe show cause notice must state all the following—\nthe proposed action the commission is considering taking under this part;\nif the proposed action is to increase the period for which the person will be subject to income management—the proposed increase;\nif the proposed action is to increase the proportion of the person’s welfare payments that is required to be deducted under income management—the proposed increase;\nan outline of the facts and circumstances forming the basis of the commissioner’s reasonable belief about the person’s noncompliance;\nthat the person may make oral representations to the commission, at the stated time and place, to show why the proposed action should not be taken.\nThe stated time must be at least 14 days after the person is given the show cause notice.\nIn deciding a place for the person to make the representations, the commission must have regard to where the person lives.\ns 82 amd 2010 No. 42 s 61\n(sec.82-ssec.1) This section applies if the commissioner reasonably believes a person who is a welfare recipient has not complied with a requirement under a case plan about the person attending a community support service.\n(sec.82-ssec.2) The commissioner must give the person a notice under this section (a show cause notice ).\n(sec.82-ssec.3) The show cause notice must state all the following— the proposed action the commission is considering taking under this part; if the proposed action is to increase the period for which the person will be subject to income management—the proposed increase; if the proposed action is to increase the proportion of the person’s welfare payments that is required to be deducted under income management—the proposed increase; an outline of the facts and circumstances forming the basis of the commissioner’s reasonable belief about the person’s noncompliance; that the person may make oral representations to the commission, at the stated time and place, to show why the proposed action should not be taken.\n(sec.82-ssec.4) The stated time must be at least 14 days after the person is given the show cause notice.\n(sec.82-ssec.5) In deciding a place for the person to make the representations, the commission must have regard to where the person lives.\n- (a) the proposed action the commission is considering taking under this part;\n- (b) if the proposed action is to increase the period for which the person will be subject to income management—the proposed increase;\n- (c) if the proposed action is to increase the proportion of the person’s welfare payments that is required to be deducted under income management—the proposed increase;\n- (d) an outline of the facts and circumstances forming the basis of the commissioner’s reasonable belief about the person’s noncompliance;\n- (e) that the person may make oral representations to the commission, at the stated time and place, to show why the proposed action should not be taken.","sortOrder":111},{"sectionNumber":"sec.83","sectionType":"section","heading":"How oral representations may be made","content":"### sec.83 How oral representations may be made\n\nSubject to this part, the commission may allow the person to make oral representations about the proposed action stated in the show cause notice in the way the commission considers appropriate.\nIf asked by the person, the commission must allow another person (a person’s representative ) to make oral representations to the commission to show why the proposed action should not be taken.\nHowever, a person’s representative may be a lawyer only if the commission considers it appropriate in the interests of justice to allow the representations to be made by a lawyer.\nThe commission may, in appropriate cases, allow a person to make oral representations by using any technology allowing reasonably contemporaneous and continuous communication between the person and the commission.\n(sec.83-ssec.1) Subject to this part, the commission may allow the person to make oral representations about the proposed action stated in the show cause notice in the way the commission considers appropriate.\n(sec.83-ssec.2) If asked by the person, the commission must allow another person (a person’s representative ) to make oral representations to the commission to show why the proposed action should not be taken.\n(sec.83-ssec.3) However, a person’s representative may be a lawyer only if the commission considers it appropriate in the interests of justice to allow the representations to be made by a lawyer.\n(sec.83-ssec.4) The commission may, in appropriate cases, allow a person to make oral representations by using any technology allowing reasonably contemporaneous and continuous communication between the person and the commission.","sortOrder":112},{"sectionNumber":"sec.84","sectionType":"section","heading":"Commission to consider oral representations","content":"### sec.84 Commission to consider oral representations\n\nThe commission must consider all representations (the accepted representations ) made under section 83 .","sortOrder":113},{"sectionNumber":"sec.85","sectionType":"section","heading":"Constitution of commission for show cause process","content":"### sec.85 Constitution of commission for show cause process\n\nFor acting under this division, the commission is to be constituted by—\nthe commissioner; and\n2 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the show cause notice lives or lived.\nThe local commissioners mentioned in subsection (1) (b) are to be—\nif practicable, the local commissioners who were constituting members for the conference at which the decision to which the show cause notice relates was made; or\notherwise—nominated by the local registry coordinator for the welfare reform community area, and appointed by the commissioner, under section 51 .\nFor subsection (2) (b) , section 51 applies—\nas if a reference in the section to a conference were a reference to the show cause process; and\nas if the reference in the section to the agency notice were a reference to the show cause notice.\nIn dealing with a show cause notice under this division, the commission—\nmust observe natural justice; and\nmust act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and\nis not bound by the rules of evidence; and\nmay inquire into, and inform itself, of anything in the way it considers appropriate.\n(sec.85-ssec.1) For acting under this division, the commission is to be constituted by— the commissioner; and 2 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the show cause notice lives or lived.\n(sec.85-ssec.2) The local commissioners mentioned in subsection (1) (b) are to be— if practicable, the local commissioners who were constituting members for the conference at which the decision to which the show cause notice relates was made; or otherwise—nominated by the local registry coordinator for the welfare reform community area, and appointed by the commissioner, under section 51 .\n(sec.85-ssec.3) For subsection (2) (b) , section 51 applies— as if a reference in the section to a conference were a reference to the show cause process; and as if the reference in the section to the agency notice were a reference to the show cause notice.\n(sec.85-ssec.4) In dealing with a show cause notice under this division, the commission— must observe natural justice; and must act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and is not bound by the rules of evidence; and may inquire into, and inform itself, of anything in the way it considers appropriate.\n- (a) the commissioner; and\n- (b) 2 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the show cause notice lives or lived.\n- (a) if practicable, the local commissioners who were constituting members for the conference at which the decision to which the show cause notice relates was made; or\n- (b) otherwise—nominated by the local registry coordinator for the welfare reform community area, and appointed by the commissioner, under section 51 .\n- (a) as if a reference in the section to a conference were a reference to the show cause process; and\n- (b) as if the reference in the section to the agency notice were a reference to the show cause notice.\n- (a) must observe natural justice; and\n- (b) must act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and\n- (c) is not bound by the rules of evidence; and\n- (d) may inquire into, and inform itself, of anything in the way it considers appropriate.","sortOrder":114},{"sectionNumber":"sec.86","sectionType":"section","heading":"Ending show cause process without taking proposed action","content":"### sec.86 Ending show cause process without taking proposed action\n\nIf, after considering the person’s accepted representations for the show cause notice, the commission is satisfied it is not appropriate to take the proposed action stated in the notice, the commission may decide—\nto take no further action about the notice; or\nto ask the registrar to amend the case plan for the person to the extent necessary to adequately address the issues that gave rise to the notice.\nThe registrar must as soon as practicable give the person notice of the commission’s decision under this section.\nA case plan amended by the registrar under subsection (1) (b) must be endorsed by the commissioner.\nIf a person’s case plan is amended under subsection (1) (b) , the registrar must—\ngive the person a copy of the amended plan; and\nexplain the amended plan to the person in a way that ensures the person fully understands it.\nAn amendment of a case plan must not result in the person being required to attend a community service, under the plan, for more than 1 year.\ns 86 amd 2010 No. 42 s 62\n(sec.86-ssec.1) If, after considering the person’s accepted representations for the show cause notice, the commission is satisfied it is not appropriate to take the proposed action stated in the notice, the commission may decide— to take no further action about the notice; or to ask the registrar to amend the case plan for the person to the extent necessary to adequately address the issues that gave rise to the notice.\n(sec.86-ssec.2) The registrar must as soon as practicable give the person notice of the commission’s decision under this section.\n(sec.86-ssec.3) A case plan amended by the registrar under subsection (1) (b) must be endorsed by the commissioner.\n(sec.86-ssec.4) If a person’s case plan is amended under subsection (1) (b) , the registrar must— give the person a copy of the amended plan; and explain the amended plan to the person in a way that ensures the person fully understands it.\n(sec.86-ssec.5) An amendment of a case plan must not result in the person being required to attend a community service, under the plan, for more than 1 year.\n- (a) to take no further action about the notice; or\n- (b) to ask the registrar to amend the case plan for the person to the extent necessary to adequately address the issues that gave rise to the notice.\n- (a) give the person a copy of the amended plan; and\n- (b) explain the amended plan to the person in a way that ensures the person fully understands it.","sortOrder":115},{"sectionNumber":"sec.87","sectionType":"section","heading":"Commission may decide to take proposed action","content":"### sec.87 Commission may decide to take proposed action\n\nThis section applies if—\nthere are no accepted representations for the show cause notice; or\nafter considering the accepted representations for the show cause notice, the commission reasonably believes it is appropriate to take the proposed action stated in the notice—\nto help the person engage in socially responsible standards of behaviour; or\nto help restore local authority in a welfare reform community area.\nThe commission may—\nif the proposed action was to increase the period for which the person will be subject to income management—give the secretary a notice to increase the period for not longer than the proposed period stated in the show cause notice; or\nif the proposed action was to increase the proportion of the person’s welfare payment that is required to be deducted under income management—give the secretary a notice to increase the proportion by not more than the proposed increase stated in the show cause notice; or\nif the proposed action was to give the secretary a notice requiring that the person be subject to income management—give the secretary a notice requiring that the person be subject to income management for at least 3 months but not more than 1 year.\nIf the commission decides to take action under subsection (2) , the commission must as soon as practicable give the person notice of the decision.\nThe notice must state all the following—\nthe decision and the reasons for it;\nfor a decision mentioned in subsection (2) (a) —the period for which the person will be subject to income management;\nfor a decision mentioned in subsection (2) (b) —the proportion of the person’s welfare payments that is required to be deducted under income management;\nfor a decision mentioned in subsection (2) (c) —\nthe period, of at least 3 months but not more than 1 year, the person will be subject to income management; and\nthe proportion of the person’s welfare payments that is required to be deducted under income management.\nThe notice must be accompanied by an appeal notice for the decision.\nA decision to increase the proportion of a person’s welfare payment that is required to be deducted under income management takes effect on the day the secretary, after receiving notice of the decision, acts under the Social Security Administration Act to give effect to the decision.\ns 87 amd 2011 No. 35 s 12 ; 2015 No. 30 s 2 sch 1\n(sec.87-ssec.1) This section applies if— there are no accepted representations for the show cause notice; or after considering the accepted representations for the show cause notice, the commission reasonably believes it is appropriate to take the proposed action stated in the notice— to help the person engage in socially responsible standards of behaviour; or to help restore local authority in a welfare reform community area.\n(sec.87-ssec.2) The commission may— if the proposed action was to increase the period for which the person will be subject to income management—give the secretary a notice to increase the period for not longer than the proposed period stated in the show cause notice; or if the proposed action was to increase the proportion of the person’s welfare payment that is required to be deducted under income management—give the secretary a notice to increase the proportion by not more than the proposed increase stated in the show cause notice; or if the proposed action was to give the secretary a notice requiring that the person be subject to income management—give the secretary a notice requiring that the person be subject to income management for at least 3 months but not more than 1 year.\n(sec.87-ssec.4) If the commission decides to take action under subsection (2) , the commission must as soon as practicable give the person notice of the decision.\n(sec.87-ssec.5) The notice must state all the following— the decision and the reasons for it; for a decision mentioned in subsection (2) (a) —the period for which the person will be subject to income management; for a decision mentioned in subsection (2) (b) —the proportion of the person’s welfare payments that is required to be deducted under income management; for a decision mentioned in subsection (2) (c) — the period, of at least 3 months but not more than 1 year, the person will be subject to income management; and the proportion of the person’s welfare payments that is required to be deducted under income management.\n(sec.87-ssec.6) The notice must be accompanied by an appeal notice for the decision.\n(sec.87-ssec.7) A decision to increase the proportion of a person’s welfare payment that is required to be deducted under income management takes effect on the day the secretary, after receiving notice of the decision, acts under the Social Security Administration Act to give effect to the decision.\n- (a) there are no accepted representations for the show cause notice; or\n- (b) after considering the accepted representations for the show cause notice, the commission reasonably believes it is appropriate to take the proposed action stated in the notice— (i) to help the person engage in socially responsible standards of behaviour; or (ii) to help restore local authority in a welfare reform community area.\n- (i) to help the person engage in socially responsible standards of behaviour; or\n- (ii) to help restore local authority in a welfare reform community area.\n- (i) to help the person engage in socially responsible standards of behaviour; or\n- (ii) to help restore local authority in a welfare reform community area.\n- (a) if the proposed action was to increase the period for which the person will be subject to income management—give the secretary a notice to increase the period for not longer than the proposed period stated in the show cause notice; or\n- (b) if the proposed action was to increase the proportion of the person’s welfare payment that is required to be deducted under income management—give the secretary a notice to increase the proportion by not more than the proposed increase stated in the show cause notice; or\n- (c) if the proposed action was to give the secretary a notice requiring that the person be subject to income management—give the secretary a notice requiring that the person be subject to income management for at least 3 months but not more than 1 year.\n- (a) the decision and the reasons for it;\n- (b) for a decision mentioned in subsection (2) (a) —the period for which the person will be subject to income management;\n- (c) for a decision mentioned in subsection (2) (b) —the proportion of the person’s welfare payments that is required to be deducted under income management;\n- (d) for a decision mentioned in subsection (2) (c) — (i) the period, of at least 3 months but not more than 1 year, the person will be subject to income management; and (ii) the proportion of the person’s welfare payments that is required to be deducted under income management.\n- (i) the period, of at least 3 months but not more than 1 year, the person will be subject to income management; and\n- (ii) the proportion of the person’s welfare payments that is required to be deducted under income management.\n- (i) the period, of at least 3 months but not more than 1 year, the person will be subject to income management; and\n- (ii) the proportion of the person’s welfare payments that is required to be deducted under income management.","sortOrder":116},{"sectionNumber":"sec.88","sectionType":"section","heading":"Limitation on increasing period of income management","content":"### sec.88 Limitation on increasing period of income management\n\nThis section applies if, in relation to a decision of the commission under part 6 , the commission proposes to increase the period for which a person will be subject to income management.\nThe proposed increase must not result in the person being subject to income management, in relation to the decision, for more than 1 year.\n(sec.88-ssec.1) This section applies if, in relation to a decision of the commission under part 6 , the commission proposes to increase the period for which a person will be subject to income management.\n(sec.88-ssec.2) The proposed increase must not result in the person being subject to income management, in relation to the decision, for more than 1 year.","sortOrder":117},{"sectionNumber":"sec.89","sectionType":"section","heading":"Notice to secretary","content":"### sec.89 Notice to secretary\n\nA notice given to the secretary under section 87 (2) must be in the approved form.\nThe approved form must include provision for—\nif the notice is about increasing the period for which a person will be subject to income management—\nthe person’s name; and\nthe period for which the person will be subject to income management; and\nif the notice is about increasing the proportion of a person’s welfare payments that is required to be deducted under income management—\nthe person’s name; and\nthe proportion of the person’s welfare payments that is required to be deducted under income management; and\nif the notice requires that a person be subject to income management—\nthe person’s name; and\nthe period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; and\nthe proportion of the person’s welfare payments that is required to be deducted under income management.\ns 89 amd 2011 No. 35 s 13\n(sec.89-ssec.1) A notice given to the secretary under section 87 (2) must be in the approved form.\n(sec.89-ssec.2) The approved form must include provision for— if the notice is about increasing the period for which a person will be subject to income management— the person’s name; and the period for which the person will be subject to income management; and if the notice is about increasing the proportion of a person’s welfare payments that is required to be deducted under income management— the person’s name; and the proportion of the person’s welfare payments that is required to be deducted under income management; and if the notice requires that a person be subject to income management— the person’s name; and the period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; and the proportion of the person’s welfare payments that is required to be deducted under income management.\n- (a) if the notice is about increasing the period for which a person will be subject to income management— (i) the person’s name; and (ii) the period for which the person will be subject to income management; and\n- (i) the person’s name; and\n- (ii) the period for which the person will be subject to income management; and\n- (b) if the notice is about increasing the proportion of a person’s welfare payments that is required to be deducted under income management— (i) the person’s name; and (ii) the proportion of the person’s welfare payments that is required to be deducted under income management; and\n- (i) the person’s name; and\n- (ii) the proportion of the person’s welfare payments that is required to be deducted under income management; and\n- (c) if the notice requires that a person be subject to income management— (i) the person’s name; and (ii) the period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; and (iii) the proportion of the person’s welfare payments that is required to be deducted under income management.\n- (i) the person’s name; and\n- (ii) the period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; and\n- (iii) the proportion of the person’s welfare payments that is required to be deducted under income management.\n- (i) the person’s name; and\n- (ii) the period for which the person will be subject to income management; and\n- (i) the person’s name; and\n- (ii) the proportion of the person’s welfare payments that is required to be deducted under income management; and\n- (i) the person’s name; and\n- (ii) the period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; and\n- (iii) the proportion of the person’s welfare payments that is required to be deducted under income management.","sortOrder":118},{"sectionNumber":"pt.8","sectionType":"part","heading":"Information exchange","content":"# Information exchange","sortOrder":119},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":120},{"sectionNumber":"sec.90","sectionType":"section","heading":"Definitions for pt 8","content":"### sec.90 Definitions for pt 8\n\nIn this part—\nprescribed entity means—\nthe chief executive of a department that is mainly responsible for any of the following matters—\nchild protection services;\neducation;\nhousing services;\nadult corrective services;\ncriminal justice matters; or\nthe police commissioner; or\nthe principal of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; or\nthe chief executive officer, however called, of an entity that provides a community support service that is attended by a person under a case plan; or\na person who provides relevant services in relation to children of compulsory school age, or in relation to parents of the children, in welfare reform community areas.\ns 91 def prescribed entity amd 2017 No. 24 s 239\nprovides relevant services means provides services, under a scheme relating to the implementation of welfare reform and the provision of educational programs or services in welfare reform community areas, that are about the enrolment or attendance of children at school.\n- (a) the chief executive of a department that is mainly responsible for any of the following matters— (i) child protection services; (ii) education; (iii) housing services; (iv) adult corrective services; (v) criminal justice matters; or\n- (i) child protection services;\n- (ii) education;\n- (iii) housing services;\n- (iv) adult corrective services;\n- (v) criminal justice matters; or\n- (b) the police commissioner; or\n- (c) the principal of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; or\n- (d) the chief executive officer, however called, of an entity that provides a community support service that is attended by a person under a case plan; or\n- (e) a person who provides relevant services in relation to children of compulsory school age, or in relation to parents of the children, in welfare reform community areas.\n- (i) child protection services;\n- (ii) education;\n- (iii) housing services;\n- (iv) adult corrective services;\n- (v) criminal justice matters; or","sortOrder":121},{"sectionNumber":"sec.91","sectionType":"section","heading":"What is relevant information","content":"### sec.91 What is relevant information\n\nRelevant information means information that the holder of the information reasonably believes may—\nhelp the commissioner or commission to properly consider matters to which an agency notice relates; or\nhelp the commissioner to decide whether to hold a conference about an agency notice; or\nhelp the commissioner or commission to decide whether a relevant person for an agency notice is a community member; or\nhelp the commissioner to identify appropriate persons to attend a conference; or\nhelp the commission to make appropriate decisions relating to a person the subject of a conference; or\nhelp the registrar to prepare case plans; or\nhelp the registrar to assess the effectiveness of, and to monitor compliance with, a case plan.\nRelevant information may be information about—\na relevant person for an agency notice; or\na student the subject of a school attendance notice; or\na child the subject of a child safety notice; or\nthe family of a relevant person, student or child mentioned in paragraph (a) , (b) or (c) .\nRelevant information may be comprised of facts or opinion.\nRelevant information does not include information about a person’s criminal history to the extent it relates to a spent conviction or information about an expunged conviction or expunged charge under the Criminal Law (Historical Homosexual Convictions Expungement) Act 2017 .\ns 91 amd 2017 No. 37 s 51\n(sec.91-ssec.1) Relevant information means information that the holder of the information reasonably believes may— help the commissioner or commission to properly consider matters to which an agency notice relates; or help the commissioner to decide whether to hold a conference about an agency notice; or help the commissioner or commission to decide whether a relevant person for an agency notice is a community member; or help the commissioner to identify appropriate persons to attend a conference; or help the commission to make appropriate decisions relating to a person the subject of a conference; or help the registrar to prepare case plans; or help the registrar to assess the effectiveness of, and to monitor compliance with, a case plan.\n(sec.91-ssec.2) Relevant information may be information about— a relevant person for an agency notice; or a student the subject of a school attendance notice; or a child the subject of a child safety notice; or the family of a relevant person, student or child mentioned in paragraph (a) , (b) or (c) .\n(sec.91-ssec.3) Relevant information may be comprised of facts or opinion.\n(sec.91-ssec.4) Relevant information does not include information about a person’s criminal history to the extent it relates to a spent conviction or information about an expunged conviction or expunged charge under the Criminal Law (Historical Homosexual Convictions Expungement) Act 2017 .\n- (a) help the commissioner or commission to properly consider matters to which an agency notice relates; or\n- (b) help the commissioner to decide whether to hold a conference about an agency notice; or\n- (c) help the commissioner or commission to decide whether a relevant person for an agency notice is a community member; or\n- (d) help the commissioner to identify appropriate persons to attend a conference; or\n- (e) help the commission to make appropriate decisions relating to a person the subject of a conference; or\n- (f) help the registrar to prepare case plans; or\n- (g) help the registrar to assess the effectiveness of, and to monitor compliance with, a case plan.\n- (a) a relevant person for an agency notice; or\n- (b) a student the subject of a school attendance notice; or\n- (c) a child the subject of a child safety notice; or\n- (d) the family of a relevant person, student or child mentioned in paragraph (a) , (b) or (c) .","sortOrder":122},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Particular provisions about information exchange","content":"## Particular provisions about information exchange","sortOrder":123},{"sectionNumber":"sec.92","sectionType":"section","heading":"Commissioner may give information to particular entities","content":"### sec.92 Commissioner may give information to particular entities\n\nThe commissioner may give personal information about a person to a prescribed entity if the commissioner reasonably considers giving the information—\nmay help the entity to decide whether particular relevant information should be given to the commissioner or commission; or\nis necessary to help the commissioner, or the commission, and the entity to coordinate any support services for the person.\nThe commissioner may, for the purposes of the Social Security Administration Act , section 123ZEA , give personal information about a person to the secretary if the commissioner reasonably considers giving the information may help the commissioner or commission—\nto decide whether a person is a community member; or\nto make an appropriate decision under this Act in relation to the person.\nAlso, the commissioner may give personal information about a person to a relevant entity if the commissioner reasonably considers giving the information is necessary to help the commissioner or entity to evaluate the effectiveness and operation of the commission under this Act.\nIn this section—\npersonal information , about a person, means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.\nrelevant entity means the following—\nthe chief executive of a department that is mainly responsible for any of the following matters—\nchild protection services;\neducation;\nhousing services;\ncriminal justice matters;\nthe secretary.\ns 92 amd 2011 No. 35 s 14 ; 2014 No. 28 s 105 sch 1\n(sec.92-ssec.1) The commissioner may give personal information about a person to a prescribed entity if the commissioner reasonably considers giving the information— may help the entity to decide whether particular relevant information should be given to the commissioner or commission; or is necessary to help the commissioner, or the commission, and the entity to coordinate any support services for the person.\n(sec.92-ssec.2) The commissioner may, for the purposes of the Social Security Administration Act , section 123ZEA , give personal information about a person to the secretary if the commissioner reasonably considers giving the information may help the commissioner or commission— to decide whether a person is a community member; or to make an appropriate decision under this Act in relation to the person.\n(sec.92-ssec.3) Also, the commissioner may give personal information about a person to a relevant entity if the commissioner reasonably considers giving the information is necessary to help the commissioner or entity to evaluate the effectiveness and operation of the commission under this Act.\n(sec.92-ssec.4) In this section— personal information , about a person, means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. relevant entity means the following— the chief executive of a department that is mainly responsible for any of the following matters— child protection services; education; housing services; criminal justice matters; the secretary.\n- (a) may help the entity to decide whether particular relevant information should be given to the commissioner or commission; or\n- (b) is necessary to help the commissioner, or the commission, and the entity to coordinate any support services for the person.\n- (a) to decide whether a person is a community member; or\n- (b) to make an appropriate decision under this Act in relation to the person.\n- (b) the chief executive of a department that is mainly responsible for any of the following matters— (i) child protection services; (ii) education; (iii) housing services; (iv) criminal justice matters;\n- (i) child protection services;\n- (ii) education;\n- (iii) housing services;\n- (iv) criminal justice matters;\n- (c) the secretary.\n- (i) child protection services;\n- (ii) education;\n- (iii) housing services;\n- (iv) criminal justice matters;","sortOrder":124},{"sectionNumber":"sec.93","sectionType":"section","heading":"Information requirement made by commissioner","content":"### sec.93 Information requirement made by commissioner\n\nThe commissioner may ask a prescribed entity for particular relevant information in the entity’s possession or control.\nHowever, the commissioner may ask a prescribed entity mentioned in the definition prescribed entity , paragraph (d) , for relevant information only if the information is in relation to a person who has been directed by the commission to attend a community support service under a case plan.\nIf the commissioner asks a prescribed entity for relevant information under this section, the entity must comply with the request unless the entity reasonably considers that—\ngiving the information could reasonably be expected—\nto prejudice the investigation of a contravention or possible contravention of a law in a particular case; or\nto prejudice an investigation under the Coroners Act 2003 ; or\nto enable the existence of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or\nto identify a confidential source of information in relation to the enforcement or administration of a law; or\nto identify a person as a notifier under the Child Protection Act 1999 , section 186 ; or\nto endanger a person’s life or physical safety; or\nto prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and\nit would not be in the public interest to give the information.\nFor subsection (1) , information is not taken to be in the prescribed entity’s control merely because of an agreement between the prescribed entity and another entity under which the other entity must give the information to the prescribed entity.\ns 93 amd 2022 No. 7 s 132 sch 1\n(sec.93-ssec.1) The commissioner may ask a prescribed entity for particular relevant information in the entity’s possession or control.\n(sec.93-ssec.2) However, the commissioner may ask a prescribed entity mentioned in the definition prescribed entity , paragraph (d) , for relevant information only if the information is in relation to a person who has been directed by the commission to attend a community support service under a case plan.\n(sec.93-ssec.3) If the commissioner asks a prescribed entity for relevant information under this section, the entity must comply with the request unless the entity reasonably considers that— giving the information could reasonably be expected— to prejudice the investigation of a contravention or possible contravention of a law in a particular case; or to prejudice an investigation under the Coroners Act 2003 ; or to enable the existence of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or to identify a confidential source of information in relation to the enforcement or administration of a law; or to identify a person as a notifier under the Child Protection Act 1999 , section 186 ; or to endanger a person’s life or physical safety; or to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and it would not be in the public interest to give the information.\n(sec.93-ssec.4) For subsection (1) , information is not taken to be in the prescribed entity’s control merely because of an agreement between the prescribed entity and another entity under which the other entity must give the information to the prescribed entity.\n- (a) giving the information could reasonably be expected— (i) to prejudice the investigation of a contravention or possible contravention of a law in a particular case; or (ii) to prejudice an investigation under the Coroners Act 2003 ; or (iii) to enable the existence of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or (iv) to identify a confidential source of information in relation to the enforcement or administration of a law; or (v) to identify a person as a notifier under the Child Protection Act 1999 , section 186 ; or (vi) to endanger a person’s life or physical safety; or (vii) to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and\n- (i) to prejudice the investigation of a contravention or possible contravention of a law in a particular case; or\n- (ii) to prejudice an investigation under the Coroners Act 2003 ; or\n- (iii) to enable the existence of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or\n- (iv) to identify a confidential source of information in relation to the enforcement or administration of a law; or\n- (v) to identify a person as a notifier under the Child Protection Act 1999 , section 186 ; or\n- (vi) to endanger a person’s life or physical safety; or\n- (vii) to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and\n- (b) it would not be in the public interest to give the information.\n- (i) to prejudice the investigation of a contravention or possible contravention of a law in a particular case; or\n- (ii) to prejudice an investigation under the Coroners Act 2003 ; or\n- (iii) to enable the existence of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or\n- (iv) to identify a confidential source of information in relation to the enforcement or administration of a law; or\n- (v) to identify a person as a notifier under the Child Protection Act 1999 , section 186 ; or\n- (vi) to endanger a person’s life or physical safety; or\n- (vii) to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and","sortOrder":125},{"sectionNumber":"sec.94","sectionType":"section","heading":"Education chief executive may give particular information","content":"### sec.94 Education chief executive may give particular information\n\nThe education chief executive may give personal information about a person to a relevant entity if the education chief executive reasonably considers giving the information may help the education chief executive and the entity to coordinate or provide educational programs or services in relation to children of compulsory school age in welfare reform community areas.\na literacy or numeracy program\na program or service designed to involve parents in ensuring their children are enrolled at, and attend, a school\nA relevant entity may record, disclose or use personal information about a person given to the entity under this section for the purpose of—\nproviding educational programs or services in relation to children of compulsory school age in welfare reform community areas; or\ncoordinating, with the education chief executive, the provision of the educational programs or services; or\nevaluating the effectiveness of the educational programs or services.\nIn this section—\npersonal information , about a person, means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.\nrelevant entity means an entity involved in the provision of educational programs or services, in relation to children of compulsory school age in welfare reform community areas, that form part of a scheme relating to the implementation of welfare reform and the provision of educational programs or services in the areas.\ns 94 amd 2014 No. 54 s 7\n(sec.94-ssec.1) The education chief executive may give personal information about a person to a relevant entity if the education chief executive reasonably considers giving the information may help the education chief executive and the entity to coordinate or provide educational programs or services in relation to children of compulsory school age in welfare reform community areas. a literacy or numeracy program a program or service designed to involve parents in ensuring their children are enrolled at, and attend, a school\n(sec.94-ssec.2) A relevant entity may record, disclose or use personal information about a person given to the entity under this section for the purpose of— providing educational programs or services in relation to children of compulsory school age in welfare reform community areas; or coordinating, with the education chief executive, the provision of the educational programs or services; or evaluating the effectiveness of the educational programs or services.\n(sec.94-ssec.3) In this section— personal information , about a person, means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. relevant entity means an entity involved in the provision of educational programs or services, in relation to children of compulsory school age in welfare reform community areas, that form part of a scheme relating to the implementation of welfare reform and the provision of educational programs or services in the areas.\n- • a literacy or numeracy program\n- • a program or service designed to involve parents in ensuring their children are enrolled at, and attend, a school\n- (a) providing educational programs or services in relation to children of compulsory school age in welfare reform community areas; or\n- (b) coordinating, with the education chief executive, the provision of the educational programs or services; or\n- (c) evaluating the effectiveness of the educational programs or services.","sortOrder":126},{"sectionNumber":"sec.95","sectionType":"section","heading":"Giving of information protected","content":"### sec.95 Giving of information protected\n\nThis section applies if a person, acting honestly, gives information or a record (the information ) to the commission, the commissioner, the registrar or another entity—\nin compliance with this division; or\notherwise under this Act.\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 subsection (2) or (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 for disciplinary action for giving the information.\n(sec.95-ssec.1) This section applies if a person, acting honestly, gives information or a record (the information ) to the commission, the commissioner, the registrar or another entity— in compliance with this division; or otherwise under this Act.\n(sec.95-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.95-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.95-ssec.4) Without limiting subsection (2) or (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 for disciplinary action for giving the information.\n- (a) in compliance with this division; or\n- (b) otherwise under this Act.\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 for 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 for 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 for disciplinary action for giving the information.","sortOrder":127},{"sectionNumber":"sec.96","sectionType":"section","heading":"Interaction with other laws","content":"### sec.96 Interaction with other laws\n\nThis part does not limit a power or obligation under another Act or law to give information.\nThis part applies to information despite any other law that would otherwise prohibit or restrict the giving of the information.\nEducation (General Provisions) Act 2006 , section 426\n(sec.96-ssec.1) This part does not limit a power or obligation under another Act or law to give information.\n(sec.96-ssec.2) This part applies to information despite any other law that would otherwise prohibit or restrict the giving of the information. Education (General Provisions) Act 2006 , section 426","sortOrder":128},{"sectionNumber":"pt.9","sectionType":"part","heading":"Amending or ending family responsibilities agreements or orders","content":"# Amending or ending family responsibilities agreements or orders","sortOrder":129},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Applications","content":"## Applications","sortOrder":130},{"sectionNumber":"sec.97","sectionType":"section","heading":"Application to amend or end family responsibilities agreement or order","content":"### sec.97 Application to amend or end family responsibilities agreement or order\n\nA person the subject of a family responsibilities agreement or family responsibilities order may apply to the commission to amend or end the agreement or order.\nThe application must state all the following—\nthe person’s name and contact details;\ndetails of the agreement or order;\nthe reasons that the person is seeking the amendment or ending of the agreement or order;\nif the application is to amend the agreement or order—details of the proposed amendment.\n(sec.97-ssec.1) A person the subject of a family responsibilities agreement or family responsibilities order may apply to the commission to amend or end the agreement or order.\n(sec.97-ssec.2) The application must state all the following— the person’s name and contact details; details of the agreement or order; the reasons that the person is seeking the amendment or ending of the agreement or order; if the application is to amend the agreement or order—details of the proposed amendment.\n- (a) the person’s name and contact details;\n- (b) details of the agreement or order;\n- (c) the reasons that the person is seeking the amendment or ending of the agreement or order;\n- (d) if the application is to amend the agreement or order—details of the proposed amendment.","sortOrder":131},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Commissioner may dismiss particular applications","content":"## Commissioner may dismiss particular applications","sortOrder":132},{"sectionNumber":"sec.97A","sectionType":"section","heading":"Frivolous or vexatious applications","content":"### sec.97A Frivolous or vexatious applications\n\nThis section applies if the commissioner considers an application under division 1 is frivolous or vexatious.\nThe commissioner may give the applicant a notice stating that the application may be dismissed unless the applicant makes oral or written representations to the commissioner, within a stated period of at least 14 days, to show that the application is not frivolous or vexatious.\nThe commissioner must consider all representations (the accepted representations ) made under subsection (2) .\nThe commissioner may dismiss the application if—\nat the end of the stated period, there are no accepted representations about the application; or\nafter considering the accepted representations about the application, the commissioner still considers the application is frivolous or vexatious.\nIf the commissioner decides to dismiss the application, the commissioner must give to the applicant—\na notice stating—\nthat the application is dismissed; and\nthe reasons for the decision; and\nan appeal notice for the decision.\ns 97A ins 2010 No. 42 s 64\n(sec.97A-ssec.1) This section applies if the commissioner considers an application under division 1 is frivolous or vexatious.\n(sec.97A-ssec.2) The commissioner may give the applicant a notice stating that the application may be dismissed unless the applicant makes oral or written representations to the commissioner, within a stated period of at least 14 days, to show that the application is not frivolous or vexatious.\n(sec.97A-ssec.3) The commissioner must consider all representations (the accepted representations ) made under subsection (2) .\n(sec.97A-ssec.4) The commissioner may dismiss the application if— at the end of the stated period, there are no accepted representations about the application; or after considering the accepted representations about the application, the commissioner still considers the application is frivolous or vexatious.\n(sec.97A-ssec.5) If the commissioner decides to dismiss the application, the commissioner must give to the applicant— a notice stating— that the application is dismissed; and the reasons for the decision; and an appeal notice for the decision.\n- (a) at the end of the stated period, there are no accepted representations about the application; or\n- (b) after considering the accepted representations about the application, the commissioner still considers the application is frivolous or vexatious.\n- (a) a notice stating— (i) that the application is dismissed; and (ii) the reasons for the decision; and\n- (i) that the application is dismissed; and\n- (ii) the reasons for the decision; and\n- (b) an appeal notice for the decision.\n- (i) that the application is dismissed; and\n- (ii) the reasons for the decision; and","sortOrder":133},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Hearing and deciding applications","content":"## Hearing and deciding applications","sortOrder":134},{"sectionNumber":"sec.98","sectionType":"section","heading":"Constitution of commission","content":"### sec.98 Constitution of commission\n\nFor hearing an application under division 1 (the application hearing ), the commission is to be constituted by—\nthe commissioner; and\n2 local commissioners appointed for the welfare reform community area in which the commissioner considers the applicant lives or lived.\nThe local commissioners mentioned in subsection (1) (b) are to be—\nif practicable, the local commissioners who were constituting members for the conference at which the family responsibilities agreement was entered into or the family responsibilities order was made; or\notherwise—nominated by the local registry coordinator for the welfare reform community area, and appointed by the commissioner, under section 51 .\nFor subsection (2) (b) , section 51 applies—\nas if a reference in the section to a conference were a reference to the application hearing; and\nas if the reference in the section to the agency notice were a reference to the application hearing.\nFor an application hearing, the commission—\nmust observe natural justice; and\nmust act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and\nis not bound by the rules of evidence; and\nmay inquire into, and inform itself, of anything in the way it considers appropriate.\ns 98 amd 2010 No. 42 s 65\n(sec.98-ssec.1) For hearing an application under division 1 (the application hearing ), the commission is to be constituted by— the commissioner; and 2 local commissioners appointed for the welfare reform community area in which the commissioner considers the applicant lives or lived.\n(sec.98-ssec.2) The local commissioners mentioned in subsection (1) (b) are to be— if practicable, the local commissioners who were constituting members for the conference at which the family responsibilities agreement was entered into or the family responsibilities order was made; or otherwise—nominated by the local registry coordinator for the welfare reform community area, and appointed by the commissioner, under section 51 .\n(sec.98-ssec.3) For subsection (2) (b) , section 51 applies— as if a reference in the section to a conference were a reference to the application hearing; and as if the reference in the section to the agency notice were a reference to the application hearing.\n(sec.98-ssec.4) For an application hearing, the commission— must observe natural justice; and must act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and is not bound by the rules of evidence; and may inquire into, and inform itself, of anything in the way it considers appropriate.\n- (a) the commissioner; and\n- (b) 2 local commissioners appointed for the welfare reform community area in which the commissioner considers the applicant lives or lived.\n- (a) if practicable, the local commissioners who were constituting members for the conference at which the family responsibilities agreement was entered into or the family responsibilities order was made; or\n- (b) otherwise—nominated by the local registry coordinator for the welfare reform community area, and appointed by the commissioner, under section 51 .\n- (a) as if a reference in the section to a conference were a reference to the application hearing; and\n- (b) as if the reference in the section to the agency notice were a reference to the application hearing.\n- (a) must observe natural justice; and\n- (b) must act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and\n- (c) is not bound by the rules of evidence; and\n- (d) may inquire into, and inform itself, of anything in the way it considers appropriate.","sortOrder":135},{"sectionNumber":"sec.99","sectionType":"section","heading":"Decision about application","content":"### sec.99 Decision about application\n\nThe commission must consider the application and decide—\nto amend, or refuse to amend, the family responsibilities agreement or family responsibilities order; or\nto end, or refuse to end, the agreement or order.\nDespite subsection (1) , the commission may dismiss the application, and refuse to amend or end the family responsibilities agreement or family responsibilities order, if the commission considers the application is frivolous or vexatious.\nThe commission may amend or end the agreement or order only if satisfied the amendment or ending of the agreement or order is not likely to be detrimental to the interests, rights and wellbeing of children, and other vulnerable persons living in a welfare reform community area.\nAs soon as practicable after deciding an application under this section, the commission must give the applicant notice of the decision and the reasons for the decision.\nThe notice must be accompanied by an appeal notice for the decision if the commission decides to refuse to amend or end the family responsibilities agreement or family responsibilities order.\nThe amendment or ending of a family responsibilities agreement or family responsibilities order takes effect on—\nif the agreement or order is about income management—the day the secretary, after receiving notice of the amendment or ending, acts under the Social Security Administration Act to give effect to the amendment or ending of the agreement or order; or\nif paragraph (a) does not apply, the later of the following days—\nthe day the notice is given to the applicant;\nthe later day stated in the notice for that purpose.\ns 99 amd 2011 No. 35 s 15\n(sec.99-ssec.1) The commission must consider the application and decide— to amend, or refuse to amend, the family responsibilities agreement or family responsibilities order; or to end, or refuse to end, the agreement or order.\n(sec.99-ssec.2) Despite subsection (1) , the commission may dismiss the application, and refuse to amend or end the family responsibilities agreement or family responsibilities order, if the commission considers the application is frivolous or vexatious.\n(sec.99-ssec.3) The commission may amend or end the agreement or order only if satisfied the amendment or ending of the agreement or order is not likely to be detrimental to the interests, rights and wellbeing of children, and other vulnerable persons living in a welfare reform community area.\n(sec.99-ssec.4) As soon as practicable after deciding an application under this section, the commission must give the applicant notice of the decision and the reasons for the decision.\n(sec.99-ssec.5) The notice must be accompanied by an appeal notice for the decision if the commission decides to refuse to amend or end the family responsibilities agreement or family responsibilities order.\n(sec.99-ssec.6) The amendment or ending of a family responsibilities agreement or family responsibilities order takes effect on— if the agreement or order is about income management—the day the secretary, after receiving notice of the amendment or ending, acts under the Social Security Administration Act to give effect to the amendment or ending of the agreement or order; or if paragraph (a) does not apply, the later of the following days— the day the notice is given to the applicant; the later day stated in the notice for that purpose.\n- (a) to amend, or refuse to amend, the family responsibilities agreement or family responsibilities order; or\n- (b) to end, or refuse to end, the agreement or order.\n- (a) if the agreement or order is about income management—the day the secretary, after receiving notice of the amendment or ending, acts under the Social Security Administration Act to give effect to the amendment or ending of the agreement or order; or\n- (b) if paragraph (a) does not apply, the later of the following days— (i) the day the notice is given to the applicant; (ii) the later day stated in the notice for that purpose.\n- (i) the day the notice is given to the applicant;\n- (ii) the later day stated in the notice for that purpose.\n- (i) the day the notice is given to the applicant;\n- (ii) the later day stated in the notice for that purpose.","sortOrder":136},{"sectionNumber":"sec.100","sectionType":"section","heading":"Inquiry about application","content":"### sec.100 Inquiry about application\n\nBefore deciding an application under this division, the commission may, by notice given to the applicant, require the applicant to give the commission within the reasonable period of at least 21 days stated in the notice, further information or a document the commission reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\nThe information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.\ns 100 amd 2010 No. 42 s 66\n(sec.100-ssec.1) Before deciding an application under this division, the commission may, by notice given to the applicant, require the applicant to give the commission within the reasonable period of at least 21 days stated in the notice, further information or a document the commission reasonably requires to decide the application.\n(sec.100-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.100-ssec.3) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.","sortOrder":137},{"sectionNumber":"sec.101","sectionType":"section","heading":"Failure to decide application","content":"### sec.101 Failure to decide application\n\nSubject to subsections (2) and (3) , if the commission fails to decide an application within 2 months after its receipt, the failure is taken to be a decision by the commission to refuse to amend or end the family responsibilities agreement or family responsibilities order.\nSubsection (3) applies if—\na person has made an application under division 1 ; and\nthe commission has, under section 100 , required the person to give the commission further information or a document.\nThe commission is taken to have refused to amend or end the family responsibilities agreement or family responsibilities order if the commission does not decide the application within 2 months after the commission receives the further information or document, verified, if required, by statutory declaration.\nIf the application is refused under this section, the applicant is entitled to be given an appeal notice for the decision.\ns 101 amd 2010 No. 42 s 67\n(sec.101-ssec.1) Subject to subsections (2) and (3) , if the commission fails to decide an application within 2 months after its receipt, the failure is taken to be a decision by the commission to refuse to amend or end the family responsibilities agreement or family responsibilities order.\n(sec.101-ssec.2) Subsection (3) applies if— a person has made an application under division 1 ; and the commission has, under section 100 , required the person to give the commission further information or a document.\n(sec.101-ssec.3) The commission is taken to have refused to amend or end the family responsibilities agreement or family responsibilities order if the commission does not decide the application within 2 months after the commission receives the further information or document, verified, if required, by statutory declaration.\n(sec.101-ssec.4) If the application is refused under this section, the applicant is entitled to be given an appeal notice for the decision.\n- (a) a person has made an application under division 1 ; and\n- (b) the commission has, under section 100 , required the person to give the commission further information or a document.","sortOrder":138},{"sectionNumber":"sec.102","sectionType":"section","heading":"Notice to secretary","content":"### sec.102 Notice to secretary\n\nThis section applies if the commission decides to amend or end a family responsibilities agreement or family responsibilities order relating to income management for a person.\nThe commission must give the secretary notice of the amendment or ending of the family responsibilities agreement or family responsibilities order.\nThe notice must be in the approved form.\nThe approved form must include provision for—\nthe person’s name; and\nfor a notice about amending a family responsibilities agreement or family responsibilities order, details of the amendment to—\nthe period for which the person will be subject to income management; or\nthe proportion of the person’s welfare payment that is required to be deducted under income management.\nThe notice must be accompanied by a copy of the decision and the reasons for it.\ns 102 amd 2011 No. 35 s 16\n(sec.102-ssec.1) This section applies if the commission decides to amend or end a family responsibilities agreement or family responsibilities order relating to income management for a person.\n(sec.102-ssec.2) The commission must give the secretary notice of the amendment or ending of the family responsibilities agreement or family responsibilities order.\n(sec.102-ssec.3) The notice must be in the approved form.\n(sec.102-ssec.4) The approved form must include provision for— the person’s name; and for a notice about amending a family responsibilities agreement or family responsibilities order, details of the amendment to— the period for which the person will be subject to income management; or the proportion of the person’s welfare payment that is required to be deducted under income management.\n(sec.102-ssec.5) The notice must be accompanied by a copy of the decision and the reasons for it.\n- (a) the person’s name; and\n- (b) for a notice about amending a family responsibilities agreement or family responsibilities order, details of the amendment to— (i) the period for which the person will be subject to income management; or (ii) the proportion of the person’s welfare payment that is required to be deducted under income management.\n- (i) the period for which the person will be subject to income management; or\n- (ii) the proportion of the person’s welfare payment that is required to be deducted under income management.\n- (i) the period for which the person will be subject to income management; or\n- (ii) the proportion of the person’s welfare payment that is required to be deducted under income management.","sortOrder":139},{"sectionNumber":"sec.103","sectionType":"section","heading":"Limitation on increasing period of income management","content":"### sec.103 Limitation on increasing period of income management\n\nThis section applies if, under this division, the commission proposes to amend a family responsibilities agreement or family responsibilities order to increase the period for which a person will be subject to income management.\nThe proposed increase must not result in the person being subject to income management for more than 1 year in relation to the amended family responsibilities agreement or family responsibilities order.\ns 103 amd 2010 No. 42 s 68\n(sec.103-ssec.1) This section applies if, under this division, the commission proposes to amend a family responsibilities agreement or family responsibilities order to increase the period for which a person will be subject to income management.\n(sec.103-ssec.2) The proposed increase must not result in the person being subject to income management for more than 1 year in relation to the amended family responsibilities agreement or family responsibilities order.","sortOrder":140},{"sectionNumber":"sec.104","sectionType":"section","heading":"Amendment of case plan","content":"### sec.104 Amendment of case plan\n\nThis section applies if the commission decides to amend a family responsibilities agreement or family responsibilities order in relation to a person’s attendance at a community support service under a case plan.\nThe commissioner may ask the registrar to amend the compulsory case plan for the person to the extent necessary to adequately provide for the amendment.\nA compulsory case plan amended by the registrar under subsection (2) must be endorsed by the commissioner.\nThe registrar must as soon as practicable—\ngive the person a copy of the amended plan; and\nexplain the amended plan to the person in a way that ensures the person fully understands it.\nAn amendment of a compulsory case plan must not result in the person being required to attend a community service, under the case plan, for more than 1 year.\n(sec.104-ssec.1) This section applies if the commission decides to amend a family responsibilities agreement or family responsibilities order in relation to a person’s attendance at a community support service under a case plan.\n(sec.104-ssec.2) The commissioner may ask the registrar to amend the compulsory case plan for the person to the extent necessary to adequately provide for the amendment.\n(sec.104-ssec.3) A compulsory case plan amended by the registrar under subsection (2) must be endorsed by the commissioner.\n(sec.104-ssec.4) The registrar must as soon as practicable— give the person a copy of the amended plan; and explain the amended plan to the person in a way that ensures the person fully understands it.\n(sec.104-ssec.5) An amendment of a compulsory case plan must not result in the person being required to attend a community service, under the case plan, for more than 1 year.\n- (a) give the person a copy of the amended plan; and\n- (b) explain the amended plan to the person in a way that ensures the person fully understands it.","sortOrder":141},{"sectionNumber":"pt.10","sectionType":"part","heading":"Voluntary referrals to commission","content":"# Voluntary referrals to commission","sortOrder":142},{"sectionNumber":"sec.105","sectionType":"section","heading":"Purpose of pt 10","content":"### sec.105 Purpose of pt 10\n\nThe purpose of this part is to provide for a process under which a community member may voluntarily seek help from the commission about the community member engaging in socially responsible standards of behaviour.","sortOrder":143},{"sectionNumber":"sec.106","sectionType":"section","heading":"Asking for referral to community support services or income management","content":"### sec.106 Asking for referral to community support services or income management\n\nA person who is a community member may ask—\nthe local registry coordinator for a welfare reform community area to refer the person to a community support service; or\nthe commission to give the secretary a notice requiring that the person be subject to income management for at least 3 months but not more than 1 year.\ns 106 amd 2011 No. 35 s 17\n- (a) the local registry coordinator for a welfare reform community area to refer the person to a community support service; or\n- (b) the commission to give the secretary a notice requiring that the person be subject to income management for at least 3 months but not more than 1 year.","sortOrder":144},{"sectionNumber":"sec.107","sectionType":"section","heading":"Responding to request about referral to community support service","content":"### sec.107 Responding to request about referral to community support service\n\nThis section applies if, under section 106 , a community member asks the local registry coordinator for a welfare reform community area to refer the person to a community support service.\nThe registrar may appoint a case manager—\nto prepare a case plan in relation to the community member’s attendance at the community support service; and\nto help the community member attend the community support service.\nBefore acting under subsection (2) , the local registry coordinator may consult with any commission members about the appropriateness of referring the community member to the community support service.\n(sec.107-ssec.1) This section applies if, under section 106 , a community member asks the local registry coordinator for a welfare reform community area to refer the person to a community support service.\n(sec.107-ssec.2) The registrar may appoint a case manager— to prepare a case plan in relation to the community member’s attendance at the community support service; and to help the community member attend the community support service.\n(sec.107-ssec.3) Before acting under subsection (2) , the local registry coordinator may consult with any commission members about the appropriateness of referring the community member to the community support service.\n- (a) to prepare a case plan in relation to the community member’s attendance at the community support service; and\n- (b) to help the community member attend the community support service.","sortOrder":145},{"sectionNumber":"sec.108","sectionType":"section","heading":"Responding to request about referral to income management","content":"### sec.108 Responding to request about referral to income management\n\nThis section applies if—\nunder section 106 , a community member asks the commission to give the secretary a notice requiring that the person be subject to income management; and\nafter consultation with the community member, the commissioner is satisfied the giving of the notice to the secretary is in the best interests of the person, a child of the person or another member of the person’s family.\nThe commissioner may enter into an agreement (a voluntary agreement ) with the person about the proposed income management.\nThe agreement must—\nbe signed by the person; and\nstate all the following—\nthe period, of at least 3 months but not more than 1 year, for which the person agrees to be subject to income management; and\nthe proportion of the person’s welfare payments that is to be deducted under income management.\nThe commissioner must take the reasonable and appropriate steps to ensure the terms of the agreement are fully understood by the person.\nIf the commissioner enters into an agreement with a person about income management, the commission must as soon as practicable give the secretary notice, in the approved form, of the agreement.\nThe approved form must include provision for—\nthe person’s name; and\nthe details of the agreement.\ns 108 amd 2011 No. 35 s 18 ; 2015 No. 30 s 2 sch 1\n(sec.108-ssec.1) This section applies if— under section 106 , a community member asks the commission to give the secretary a notice requiring that the person be subject to income management; and after consultation with the community member, the commissioner is satisfied the giving of the notice to the secretary is in the best interests of the person, a child of the person or another member of the person’s family.\n(sec.108-ssec.2) The commissioner may enter into an agreement (a voluntary agreement ) with the person about the proposed income management.\n(sec.108-ssec.4) The agreement must— be signed by the person; and state all the following— the period, of at least 3 months but not more than 1 year, for which the person agrees to be subject to income management; and the proportion of the person’s welfare payments that is to be deducted under income management.\n(sec.108-ssec.5) The commissioner must take the reasonable and appropriate steps to ensure the terms of the agreement are fully understood by the person.\n(sec.108-ssec.6) If the commissioner enters into an agreement with a person about income management, the commission must as soon as practicable give the secretary notice, in the approved form, of the agreement.\n(sec.108-ssec.7) The approved form must include provision for— the person’s name; and the details of the agreement.\n- (a) under section 106 , a community member asks the commission to give the secretary a notice requiring that the person be subject to income management; and\n- (b) after consultation with the community member, the commissioner is satisfied the giving of the notice to the secretary is in the best interests of the person, a child of the person or another member of the person’s family.\n- (a) be signed by the person; and\n- (b) state all the following— (i) the period, of at least 3 months but not more than 1 year, for which the person agrees to be subject to income management; and (ii) the proportion of the person’s welfare payments that is to be deducted under income management.\n- (i) the period, of at least 3 months but not more than 1 year, for which the person agrees to be subject to income management; and\n- (ii) the proportion of the person’s welfare payments that is to be deducted under income management.\n- (i) the period, of at least 3 months but not more than 1 year, for which the person agrees to be subject to income management; and\n- (ii) the proportion of the person’s welfare payments that is to be deducted under income management.\n- (a) the person’s name; and\n- (b) the details of the agreement.","sortOrder":146},{"sectionNumber":"sec.109","sectionType":"section","heading":"Amendment or ending of voluntary agreement","content":"### sec.109 Amendment or ending of voluntary agreement\n\nThis section applies if—\na person has entered into a voluntary agreement about income management with the commissioner; and\nthe person asks the commissioner to amend or end the agreement.\nThe commissioner must amend or end the agreement, as requested by the person, unless the commissioner is satisfied the amendment or ending would be detrimental to the interests, rights and wellbeing of children, and other vulnerable persons living in a welfare reform community area.\nThe commission must give the secretary notice of the amendment or ending of the voluntary agreement.\nThe notice must be in the approved form.\nThe approved form must include provision for—\nthe person’s name; and\nfor a notice about amending a voluntary agreement, details of the amendment to—\nthe period for which the person will be subject to income management under the agreement; or\nthe proportion of the person’s welfare payment that is required to be deducted under income management.\nThe amendment or ending of the voluntary agreement takes effect on the day the secretary, after receiving notice of the amendment or ending, acts under the Social Security Administration Act to give effect to the amendment or ending of the agreement.\nIf the commissioner refuses to amend or end a person’s voluntary agreement, the registrar must give notice of the decision, and the reasons for it, to the person.\nThe notice mentioned in subsection (7) must be accompanied by an appeal notice for the decision.\ns 109 amd 2011 No. 35 s 19\n(sec.109-ssec.1) This section applies if— a person has entered into a voluntary agreement about income management with the commissioner; and the person asks the commissioner to amend or end the agreement.\n(sec.109-ssec.2) The commissioner must amend or end the agreement, as requested by the person, unless the commissioner is satisfied the amendment or ending would be detrimental to the interests, rights and wellbeing of children, and other vulnerable persons living in a welfare reform community area.\n(sec.109-ssec.3) The commission must give the secretary notice of the amendment or ending of the voluntary agreement.\n(sec.109-ssec.4) The notice must be in the approved form.\n(sec.109-ssec.5) The approved form must include provision for— the person’s name; and for a notice about amending a voluntary agreement, details of the amendment to— the period for which the person will be subject to income management under the agreement; or the proportion of the person’s welfare payment that is required to be deducted under income management.\n(sec.109-ssec.6) The amendment or ending of the voluntary agreement takes effect on the day the secretary, after receiving notice of the amendment or ending, acts under the Social Security Administration Act to give effect to the amendment or ending of the agreement.\n(sec.109-ssec.7) If the commissioner refuses to amend or end a person’s voluntary agreement, the registrar must give notice of the decision, and the reasons for it, to the person.\n(sec.109-ssec.8) The notice mentioned in subsection (7) must be accompanied by an appeal notice for the decision.\n- (a) a person has entered into a voluntary agreement about income management with the commissioner; and\n- (b) the person asks the commissioner to amend or end the agreement.\n- (a) the person’s name; and\n- (b) for a notice about amending a voluntary agreement, details of the amendment to— (i) the period for which the person will be subject to income management under the agreement; or (ii) the proportion of the person’s welfare payment that is required to be deducted under income management.\n- (i) the period for which the person will be subject to income management under the agreement; or\n- (ii) the proportion of the person’s welfare payment that is required to be deducted under income management.\n- (i) the period for which the person will be subject to income management under the agreement; or\n- (ii) the proportion of the person’s welfare payment that is required to be deducted under income management.","sortOrder":147},{"sectionNumber":"pt.11","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":148},{"sectionNumber":"sec.110","sectionType":"section","heading":"Who may appeal","content":"### sec.110 Who may appeal\n\nA person who is given, or is entitled to be given, an appeal notice for a decision may appeal against the decision to a Magistrates Court, but only on a question of law.","sortOrder":149},{"sectionNumber":"sec.111","sectionType":"section","heading":"Starting appeal","content":"### sec.111 Starting appeal\n\nAn appeal may be started at a Magistrates Court sitting in or near the welfare reform community area in which the person lives or lived.\nSubsection (1) does not limit the Magistrates Court at which the appeal may be started under the Uniform Civil Procedure Rules 1999 .\nThe notice of appeal under the Uniform Civil Procedure Rules 1999 must be filed with the registrar of the court within 28 days after—\nif the person is given an appeal notice for the decision—the day the person is given the notice; or\nif paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\nThe court may, at any time, extend the period for filing the notice of appeal.\n(sec.111-ssec.1) An appeal may be started at a Magistrates Court sitting in or near the welfare reform community area in which the person lives or lived.\n(sec.111-ssec.2) Subsection (1) does not limit the Magistrates Court at which the appeal may be started under the Uniform Civil Procedure Rules 1999 .\n(sec.111-ssec.3) The notice of appeal under the Uniform Civil Procedure Rules 1999 must be filed with the registrar of the court within 28 days after— if the person is given an appeal notice for the decision—the day the person is given the notice; or if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\n(sec.111-ssec.4) The court may, at any time, extend the period for filing the notice of appeal.\n- (a) if the person is given an appeal notice for the decision—the day the person is given the notice; or\n- (b) if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.","sortOrder":150},{"sectionNumber":"sec.112","sectionType":"section","heading":"Court can not stay decision","content":"### sec.112 Court can not stay decision\n\nThe court can not stay the operation of the decision.","sortOrder":151},{"sectionNumber":"sec.113","sectionType":"section","heading":"Hearing procedures","content":"### sec.113 Hearing procedures\n\nIn hearing the appeal, the court—\nhas the same powers as the commission as constituted under this Act for the purpose of making the decision appealed against (the decision maker ); and\nis not bound by the rules of evidence; and\nmust comply with natural justice.\n- (a) has the same powers as the commission as constituted under this Act for the purpose of making the decision appealed against (the decision maker ); and\n- (b) is not bound by the rules of evidence; and\n- (c) must comply with natural justice.","sortOrder":152},{"sectionNumber":"sec.114","sectionType":"section","heading":"Court’s powers on appeal","content":"### sec.114 Court’s powers on appeal\n\nIn deciding the appeal, the court may—\nconfirm or amend the decision appealed against; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the issue to the decision maker with the directions the court considers appropriate.\nIf the court amends the decision appealed against, or substitutes another decision, the amended or substituted decision is, for this Act, other than this part, taken to be the decision maker’s decision.\n(sec.114-ssec.1) In deciding the appeal, the court may— confirm or amend the decision appealed against; or set aside the decision and substitute another decision; or set aside the decision and return the issue to the decision maker with the directions the court considers appropriate.\n(sec.114-ssec.2) If the court amends the decision appealed against, or substitutes another decision, the amended or substituted decision is, for this Act, other than this part, taken to be the decision maker’s decision.\n- (a) confirm or amend the decision appealed against; or\n- (b) set aside the decision and substitute another decision; or\n- (c) set aside the decision and return the issue to the decision maker with the directions the court considers appropriate.","sortOrder":153},{"sectionNumber":"sec.115","sectionType":"section","heading":"Appeal to District Court","content":"### sec.115 Appeal to District Court\n\nAn appeal lies to the District Court against a decision of a Magistrates Court under this part, but only on a question of law.","sortOrder":154},{"sectionNumber":"pt.12","sectionType":"part","heading":"Family Responsibilities Board","content":"# Family Responsibilities Board","sortOrder":155},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Establishment and functions","content":"## Establishment and functions","sortOrder":156},{"sectionNumber":"sec.116","sectionType":"section","heading":"Establishment of Family Responsibilities Board","content":"### sec.116 Establishment of Family Responsibilities Board\n\nThe Family Responsibilities Board is established.","sortOrder":157},{"sectionNumber":"sec.117","sectionType":"section","heading":"Board’s functions","content":"### sec.117 Board’s functions\n\nThe board has the following functions—\nto give advice and make recommendations to the Minister about the operation of the commission, including, for example, advice and recommendations about the action the board considers the State or Commonwealth should take to help improve the operation of the commission;\nif asked by the commissioner, to give advice and make recommendations to the commission about the performance of its functions;\nto consider reports given to the board under section 144 .\nThe board also has the other functions given to the board under this Act or by the Minister.\n(sec.117-ssec.1) The board has the following functions— to give advice and make recommendations to the Minister about the operation of the commission, including, for example, advice and recommendations about the action the board considers the State or Commonwealth should take to help improve the operation of the commission; if asked by the commissioner, to give advice and make recommendations to the commission about the performance of its functions; to consider reports given to the board under section 144 .\n(sec.117-ssec.2) The board also has the other functions given to the board under this Act or by the Minister.\n- (a) to give advice and make recommendations to the Minister about the operation of the commission, including, for example, advice and recommendations about the action the board considers the State or Commonwealth should take to help improve the operation of the commission;\n- (b) if asked by the commissioner, to give advice and make recommendations to the commission about the performance of its functions;\n- (c) to consider reports given to the board under section 144 .","sortOrder":158},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":159},{"sectionNumber":"sec.118","sectionType":"section","heading":"Membership of board","content":"### sec.118 Membership of board\n\nThe board consists of the following members—\n1 person nominated by the Minister;\n1 person nominated by the Commonwealth;\n1 person nominated by the Cape York Institute for Policy and Leadership.\nThe board members are to be appointed by the Governor in Council.\nThe board member mentioned in subsection (1) (a) is the chairperson of the board.\nThe Minister may recommend a person for appointment to the Governor in Council only if satisfied the person has the necessary expertise and experience for the performance of the board’s functions.\nAll members are appointed under this Act and not the Public Sector Act 2022 .\ns 118 amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.118-ssec.1) The board consists of the following members— 1 person nominated by the Minister; 1 person nominated by the Commonwealth; 1 person nominated by the Cape York Institute for Policy and Leadership.\n(sec.118-ssec.2) The board members are to be appointed by the Governor in Council.\n(sec.118-ssec.3) The board member mentioned in subsection (1) (a) is the chairperson of the board.\n(sec.118-ssec.4) The Minister may recommend a person for appointment to the Governor in Council only if satisfied the person has the necessary expertise and experience for the performance of the board’s functions.\n(sec.118-ssec.5) All members are appointed under this Act and not the Public Sector Act 2022 .\n- (a) 1 person nominated by the Minister;\n- (b) 1 person nominated by the Commonwealth;\n- (c) 1 person nominated by the Cape York Institute for Policy and Leadership.","sortOrder":160},{"sectionNumber":"sec.119","sectionType":"section","heading":"Term of appointment","content":"### sec.119 Term of appointment\n\nA board member is appointed for the term stated in the member’s instrument of appointment.","sortOrder":161},{"sectionNumber":"sec.120","sectionType":"section","heading":"Conditions of appointment","content":"### sec.120 Conditions of appointment\n\nA board member is to be paid the remuneration and allowances decided by the Governor in Council.\nA board member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.120-ssec.1) A board member is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.120-ssec.2) A board member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.","sortOrder":162},{"sectionNumber":"sec.121","sectionType":"section","heading":"Vacation of office","content":"### sec.121 Vacation of office\n\nThe office of a board member becomes vacant if the member—\nresigns office by signed notice given to the Minister; or\nis removed from office by the Governor in Council under subsection (2) .\nThe Governor in Council may remove a board member from office if the member—\nis incapable of properly discharging the board’s functions; or\nis not, or is no longer, a suitable person to hold the office.\n(sec.121-ssec.1) The office of a board member becomes vacant if the member— resigns office by signed notice given to the Minister; or is removed from office by the Governor in Council under subsection (2) .\n(sec.121-ssec.2) The Governor in Council may remove a board member from office if the member— is incapable of properly discharging the board’s functions; or is not, or is no longer, a suitable person to hold the office.\n- (a) resigns office by signed notice given to the Minister; or\n- (b) is removed from office by the Governor in Council under subsection (2) .\n- (a) is incapable of properly discharging the board’s functions; or\n- (b) is not, or is no longer, a suitable person to hold the office.","sortOrder":163},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Business of board","content":"## Business of board","sortOrder":164},{"sectionNumber":"sec.122","sectionType":"section","heading":"Conduct of business","content":"### sec.122 Conduct of business\n\nSubject to this Act, the board may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":165},{"sectionNumber":"sec.123","sectionType":"section","heading":"Board meetings","content":"### sec.123 Board meetings\n\nBoard meetings are to be held at the times and places the chairperson of the board decides.\nA board meeting must be held at least once in every 6 months.\nAt a meeting of the board, a quorum is at least 2 members.\nA board meeting may be held by using any technology allowing reasonably contemporaneous and continuous communication between the board members.\nHowever, the board members must meet in person at least once a year.\ns 123 amd 2012 No. 30 s 3 ; 2014 No. 54 s 8\n(sec.123-ssec.1) Board meetings are to be held at the times and places the chairperson of the board decides.\n(sec.123-ssec.2) A board meeting must be held at least once in every 6 months.\n(sec.123-ssec.3) At a meeting of the board, a quorum is at least 2 members.\n(sec.123-ssec.4) A board meeting may be held by using any technology allowing reasonably contemporaneous and continuous communication between the board members.\n(sec.123-ssec.5) However, the board members must meet in person at least once a year.","sortOrder":166},{"sectionNumber":"pt.12-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":167},{"sectionNumber":"sec.124","sectionType":"section","heading":"Commission or commission member not subject to direction by board","content":"### sec.124 Commission or commission member not subject to direction by board\n\nIn performing or exercising a function or power, the commission or a commission member is not subject to direction by the board.","sortOrder":168},{"sectionNumber":"pt.13","sectionType":"part","heading":"Particular offences and legal proceedings","content":"# Particular offences and legal proceedings","sortOrder":169},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":170},{"sectionNumber":"sec.125","sectionType":"section","heading":"False or misleading statements","content":"### sec.125 False or misleading statements\n\nA person must not state anything to the commission or a commission member the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.","sortOrder":171},{"sectionNumber":"sec.126","sectionType":"section","heading":"False or misleading documents","content":"### sec.126 False or misleading documents\n\nA person must not give to the commission or a commission member a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the commission or commission member to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information, gives the correct information.\n(sec.126-ssec.1) A person must not give to the commission or a commission member a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.126-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the commission or commission member to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information, gives the correct information.\n- (a) tells the commission or commission member to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information, gives the correct information.","sortOrder":172},{"sectionNumber":"sec.127","sectionType":"section","heading":"Retaliation against official or official’s family","content":"### sec.127 Retaliation against official or official’s family\n\nA person must not, without reasonable excuse, cause, or threaten to cause, any injury or detriment to an official or a member of the family of an official in retaliation because of anything lawfully done by the official under this Act.\nMaximum penalty—100 penalty units.","sortOrder":173},{"sectionNumber":"sec.128","sectionType":"section","heading":"Reprisal and grounds for reprisal","content":"### sec.128 Reprisal and grounds for reprisal\n\nA person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that—\nan agency notice has been given to the commission; or\nthe other person or someone else has helped or may help the commission.\nAlso, a person must not cause, or attempt or conspire to cause, detriment to a member of a community justice group or a relevant community group for a welfare reform community area because the group did not nominate the person or someone else as a local commissioner for the area.\nAn attempt to cause detriment includes an attempt to induce a person to cause detriment.\nA contravention of subsection (1) or (2) is a reprisal or the taking of a reprisal.\nA ground mentioned in subsection (1) or (2) as the ground for a reprisal is the unlawful ground for the reprisal.\nFor the contravention mentioned in subsection (4) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\n(sec.128-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that— an agency notice has been given to the commission; or the other person or someone else has helped or may help the commission.\n(sec.128-ssec.2) Also, a person must not cause, or attempt or conspire to cause, detriment to a member of a community justice group or a relevant community group for a welfare reform community area because the group did not nominate the person or someone else as a local commissioner for the area.\n(sec.128-ssec.3) An attempt to cause detriment includes an attempt to induce a person to cause detriment.\n(sec.128-ssec.4) A contravention of subsection (1) or (2) is a reprisal or the taking of a reprisal.\n(sec.128-ssec.5) A ground mentioned in subsection (1) or (2) as the ground for a reprisal is the unlawful ground for the reprisal.\n(sec.128-ssec.6) For the contravention mentioned in subsection (4) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\n- (a) an agency notice has been given to the commission; or\n- (b) the other person or someone else has helped or may help the commission.","sortOrder":174},{"sectionNumber":"sec.129","sectionType":"section","heading":"Offence of taking reprisal","content":"### sec.129 Offence of taking reprisal\n\nA person must not take a reprisal.\nMaximum penalty—100 penalty units.","sortOrder":175},{"sectionNumber":"sec.130","sectionType":"section","heading":"Damages entitlement for reprisal","content":"### sec.130 Damages entitlement for reprisal\n\nA reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result.\nAny appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.\nIf the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.\n(sec.130-ssec.1) A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result.\n(sec.130-ssec.2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.\n(sec.130-ssec.3) If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.","sortOrder":176},{"sectionNumber":"sec.131","sectionType":"section","heading":"Offence to disrupt conference or other proceeding","content":"### sec.131 Offence to disrupt conference or other proceeding\n\nIn relation to a conference or other proceeding of the commission under this Act, a person must not—\ndeliberately interrupt the conference or proceeding; or\ncreate or continue, or join in creating or continuing, a disturbance in or near a place where the commission is conducting the conference or other proceeding.\nMaximum penalty—100 penalty units.\n- (a) deliberately interrupt the conference or proceeding; or\n- (b) create or continue, or join in creating or continuing, a disturbance in or near a place where the commission is conducting the conference or other proceeding.","sortOrder":177},{"sectionNumber":"sec.132","sectionType":"section","heading":"Summary offences","content":"### sec.132 Summary offences\n\nAn offence against this Act is a summary offence.","sortOrder":178},{"sectionNumber":"sec.133","sectionType":"section","heading":"Limitation on time for starting summary offence","content":"### sec.133 Limitation on time for starting summary offence\n\nA summary proceeding under the Justices Act 1886 for a summary offence must start within whichever is the longer of the following—\n1 year after the commission of the offence;\n6 months after the offence comes to the knowledge of the complainant, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the knowledge of the complainant, but within 2 years after the commission of the offence.","sortOrder":179},{"sectionNumber":"sec.134","sectionType":"section","heading":"Allegations of false or misleading information or document","content":"### sec.134 Allegations of false or misleading information or document\n\nIn a proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’.","sortOrder":180},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Evidentiary provisions","content":"## Evidentiary provisions","sortOrder":181},{"sectionNumber":"sec.135","sectionType":"section","heading":"Appointments and authority","content":"### sec.135 Appointments and authority\n\nIn a proceeding, the following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment under this Act of a commission member or a member of the staff of the registry;\nthe authority of a commission member or a member of the staff of the registry to do anything under this Act.\n- (a) the appointment under this Act of a commission member or a member of the staff of the registry;\n- (b) the authority of a commission member or a member of the staff of the registry to do anything under this Act.","sortOrder":182},{"sectionNumber":"sec.136","sectionType":"section","heading":"Signatures","content":"### sec.136 Signatures\n\nA signature purporting to be the signature of a commission member or the registrar is evidence of the signature it purports to be.","sortOrder":183},{"sectionNumber":"sec.137","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.137 Other evidentiary aids\n\nIn a proceeding, a certificate purporting to be that of the commissioner stating any of the following matters is evidence of the matter—\na stated document is an appointment or notice made or given under this Act;\na stated document is a document given to the commission under this Act;\na stated document is a copy of a document mentioned in paragraph (a) or (b) ;\non a stated day, a stated requirement was made of a person.\nA statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.\n(sec.137-ssec.1) In a proceeding, a certificate purporting to be that of the commissioner stating any of the following matters is evidence of the matter— a stated document is an appointment or notice made or given under this Act; a stated document is a document given to the commission under this Act; a stated document is a copy of a document mentioned in paragraph (a) or (b) ; on a stated day, a stated requirement was made of a person.\n(sec.137-ssec.2) A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.\n- (a) a stated document is an appointment or notice made or given under this Act;\n- (b) a stated document is a document given to the commission under this Act;\n- (c) a stated document is a copy of a document mentioned in paragraph (a) or (b) ;\n- (d) on a stated day, a stated requirement was made of a person.","sortOrder":184},{"sectionNumber":"pt.14","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":185},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"General matters about commission’s operations","content":"## General matters about commission’s operations","sortOrder":186},{"sectionNumber":"sec.138","sectionType":"section","heading":"Commission’s notices to secretary","content":"### sec.138 Commission’s notices to secretary\n\nSubsection (2) applies if the commission gives the secretary notice of a family responsibilities agreement or voluntary agreement about income management for a person under section 74 , 102 or 108 .\nThe notice may include, or be accompanied by—\na written direction to the secretary about the exercise of a power of the secretary under a relevant provision in relation to income management for the person; or\na recommendation from the commission about how the secretary should exercise a power of the secretary under a relevant provision in relation to income management for the person.\nSubsection (4) applies if the commission gives the secretary a notice—\nunder section 74 about a family responsibilities order requiring a person be subject to income management; or\nunder section 87 (2) about income management for a person; or\nunder section 102 about a family responsibilities order relating to income management for a person.\nThe notice may include, or be accompanied by—\na written direction to the secretary about how the secretary should exercise a power of the secretary under the Social Security Administration Act , section 123XM (3) , 123XN (3) , 123XO (3) or 123XP (3) , in relation to income management for the person; or\na recommendation from the commission about how the secretary should exercise a power of the secretary under a relevant provision in relation to income management for the person.\nSubsection (6) applies if the commission gives the secretary a written direction or recommendation about how the secretary should exercise a power of the secretary under the Social Security Administration Act , part 3B , division 6 , in relation to income management for a person (the first person ).\nThe direction or recommendation may be accompanied by a notice stating that a specified bank account held by another person is a nominated third party account in relation to the first person.\nIn this section—\nrelevant provision means any of the following provisions of the Social Security Administration Act —\nsection 123XM (3) , 123XN (3) , 123XO (3) or 123XP (3) ;\npart 3B , division 6 .\ns 138 amd 2011 No. 35 s 20\n(sec.138-ssec.1) Subsection (2) applies if the commission gives the secretary notice of a family responsibilities agreement or voluntary agreement about income management for a person under section 74 , 102 or 108 .\n(sec.138-ssec.2) The notice may include, or be accompanied by— a written direction to the secretary about the exercise of a power of the secretary under a relevant provision in relation to income management for the person; or a recommendation from the commission about how the secretary should exercise a power of the secretary under a relevant provision in relation to income management for the person.\n(sec.138-ssec.3) Subsection (4) applies if the commission gives the secretary a notice— under section 74 about a family responsibilities order requiring a person be subject to income management; or under section 87 (2) about income management for a person; or under section 102 about a family responsibilities order relating to income management for a person.\n(sec.138-ssec.4) The notice may include, or be accompanied by— a written direction to the secretary about how the secretary should exercise a power of the secretary under the Social Security Administration Act , section 123XM (3) , 123XN (3) , 123XO (3) or 123XP (3) , in relation to income management for the person; or a recommendation from the commission about how the secretary should exercise a power of the secretary under a relevant provision in relation to income management for the person.\n(sec.138-ssec.5) Subsection (6) applies if the commission gives the secretary a written direction or recommendation about how the secretary should exercise a power of the secretary under the Social Security Administration Act , part 3B , division 6 , in relation to income management for a person (the first person ).\n(sec.138-ssec.6) The direction or recommendation may be accompanied by a notice stating that a specified bank account held by another person is a nominated third party account in relation to the first person.\n(sec.138-ssec.7) In this section— relevant provision means any of the following provisions of the Social Security Administration Act — section 123XM (3) , 123XN (3) , 123XO (3) or 123XP (3) ; part 3B , division 6 .\n- (a) a written direction to the secretary about the exercise of a power of the secretary under a relevant provision in relation to income management for the person; or\n- (b) a recommendation from the commission about how the secretary should exercise a power of the secretary under a relevant provision in relation to income management for the person.\n- (a) under section 74 about a family responsibilities order requiring a person be subject to income management; or\n- (b) under section 87 (2) about income management for a person; or\n- (c) under section 102 about a family responsibilities order relating to income management for a person.\n- (a) a written direction to the secretary about how the secretary should exercise a power of the secretary under the Social Security Administration Act , section 123XM (3) , 123XN (3) , 123XO (3) or 123XP (3) , in relation to income management for the person; or\n- (b) a recommendation from the commission about how the secretary should exercise a power of the secretary under a relevant provision in relation to income management for the person.\n- (a) section 123XM (3) , 123XN (3) , 123XO (3) or 123XP (3) ;\n- (b) part 3B , division 6 .","sortOrder":187},{"sectionNumber":"sec.139","sectionType":"section","heading":"Decision-making by commission","content":"### sec.139 Decision-making by commission\n\nThis section applies to the commission in making a decision—\nunder part 6 at a conference; or\nunder part 7 , division 2 about a show cause notice; or\nunder part 9 about an application to amend or end a family responsibilities agreement or a family responsibilities order.\nThe commission must make every reasonable effort to reach a unanimous decision.\nIf the commission can not reach a unanimous decision, the majority decision of the commission members is the decision of the commission.\n(sec.139-ssec.1) This section applies to the commission in making a decision— under part 6 at a conference; or under part 7 , division 2 about a show cause notice; or under part 9 about an application to amend or end a family responsibilities agreement or a family responsibilities order.\n(sec.139-ssec.2) The commission must make every reasonable effort to reach a unanimous decision.\n(sec.139-ssec.3) If the commission can not reach a unanimous decision, the majority decision of the commission members is the decision of the commission.\n- (a) under part 6 at a conference; or\n- (b) under part 7 , division 2 about a show cause notice; or\n- (c) under part 9 about an application to amend or end a family responsibilities agreement or a family responsibilities order.","sortOrder":188},{"sectionNumber":"sec.140","sectionType":"section","heading":"Constitution of commission in particular circumstances","content":"### sec.140 Constitution of commission in particular circumstances\n\nThis section applies if—\nunder this Act, the commission is required or permitted to do a thing; and\nthe Act does not require the commission to be constituted in a particular way for doing the thing.\nFor the purpose of doing the thing, the commission is constituted by the commissioner.\nIf the commissioner does the thing, it is taken to have been done by the commission.\n(sec.140-ssec.1) This section applies if— under this Act, the commission is required or permitted to do a thing; and the Act does not require the commission to be constituted in a particular way for doing the thing.\n(sec.140-ssec.2) For the purpose of doing the thing, the commission is constituted by the commissioner.\n(sec.140-ssec.3) If the commissioner does the thing, it is taken to have been done by the commission.\n- (a) under this Act, the commission is required or permitted to do a thing; and\n- (b) the Act does not require the commission to be constituted in a particular way for doing the thing.","sortOrder":189},{"sectionNumber":"sec.141","sectionType":"section","heading":"Commissioner to destroy particular documents","content":"### sec.141 Commissioner to destroy particular documents\n\nThis section applies to an agency notice received by the commission if the commissioner is satisfied no relevant person for the notice is a community member.\nThe commissioner must destroy the agency notice and any other documents obtained by the commission or the commissioner for the purpose of deciding whether any relevant person for the notice was a community member.\nThe commissioner must act under subsection (2) as soon as practicable after the commissioner is satisfied no relevant person for the agency notice is a community member.\n(sec.141-ssec.1) This section applies to an agency notice received by the commission if the commissioner is satisfied no relevant person for the notice is a community member.\n(sec.141-ssec.2) The commissioner must destroy the agency notice and any other documents obtained by the commission or the commissioner for the purpose of deciding whether any relevant person for the notice was a community member.\n(sec.141-ssec.3) The commissioner must act under subsection (2) as soon as practicable after the commissioner is satisfied no relevant person for the agency notice is a community member.","sortOrder":190},{"sectionNumber":"sec.142","sectionType":"section","heading":"Registrar to give notice of decisions","content":"### sec.142 Registrar to give notice of decisions\n\nIf asked by the notifying agency for an agency notice to which a conference relates, the registrar must give the notifying agency notice of the commission’s decision at the conference as soon as practicable after the conference ends.\nIf, under section 86 , 87 or 99 , the commission makes a decision (a subsequent decision ) about a matter relating to the decision mentioned in subsection (1) , the registrar also must give the notifying agency notice of the subsequent decision as soon as practicable after it is made.\nA notifying agency may make a request as mentioned in subsection (1) in relation to a particular agency notice or all agency notices given by the notifying agency.\n(sec.142-ssec.1) If asked by the notifying agency for an agency notice to which a conference relates, the registrar must give the notifying agency notice of the commission’s decision at the conference as soon as practicable after the conference ends.\n(sec.142-ssec.2) If, under section 86 , 87 or 99 , the commission makes a decision (a subsequent decision ) about a matter relating to the decision mentioned in subsection (1) , the registrar also must give the notifying agency notice of the subsequent decision as soon as practicable after it is made.\n(sec.142-ssec.3) A notifying agency may make a request as mentioned in subsection (1) in relation to a particular agency notice or all agency notices given by the notifying agency.","sortOrder":191},{"sectionNumber":"sec.143","sectionType":"section","heading":"Annual report on operation of commission","content":"### sec.143 Annual report on operation of commission\n\nAs soon as practicable after each financial year, but not later than 31 October, the commissioner must prepare and give the Minister a written report containing—\na review of the operation of the commission during the financial year; and\nthe other information, required by the Minister, relating to the performance of the commission’s functions under this Act.\nHowever, the report must not contain information from which a person could be identified as the subject of an agency notice.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n(sec.143-ssec.1) As soon as practicable after each financial year, but not later than 31 October, the commissioner must prepare and give the Minister a written report containing— a review of the operation of the commission during the financial year; and the other information, required by the Minister, relating to the performance of the commission’s functions under this Act.\n(sec.143-ssec.2) However, the report must not contain information from which a person could be identified as the subject of an agency notice.\n(sec.143-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n- (a) a review of the operation of the commission during the financial year; and\n- (b) the other information, required by the Minister, relating to the performance of the commission’s functions under this Act.","sortOrder":192},{"sectionNumber":"sec.144","sectionType":"section","heading":"Other reports","content":"### sec.144 Other reports\n\nAs soon as practicable after each quarter, the commissioner must give the board a written report about the operation of the commission in the quarter.\nThe report must include information, required by the board, relating to the operation of the commission.\nHowever, the report must not contain information from which a person could be identified as the subject of an agency notice.\n(sec.144-ssec.1) As soon as practicable after each quarter, the commissioner must give the board a written report about the operation of the commission in the quarter.\n(sec.144-ssec.2) The report must include information, required by the board, relating to the operation of the commission.\n(sec.144-ssec.3) However, the report must not contain information from which a person could be identified as the subject of an agency notice.","sortOrder":193},{"sectionNumber":"sec.145","sectionType":"section","heading":"Commission guidelines","content":"### sec.145 Commission guidelines\n\nThe commissioner may make guidelines ( commission guidelines ), consistent with this Act—\nfor dealing with information obtained by the commission or the registry under this Act; or\nto provide guidance to persons about matters relating to the operation of this Act or the commission.\nThe purpose of the guidelines mentioned in subsection (1) (a) is to ensure—\nnatural justice is afforded to the persons about whom the information is obtained; and\nonly relevant information is used in considering a matter to which an agency notice relates; and\ndecisions about relevant persons for an agency notice, based on the relevant information, are made consistently.\nA commission guideline may be amended or replaced by a later guideline made under this section.\nThe commissioner must give a copy of a commission guideline to a person on request.\nThe commissioner must give a copy of each commission guideline relating to matters about student attendance at schools to—\nthe education chief executive; and\nthe Association of Independent Schools of Queensland Inc.; and\nCatholic Education Queensland Ltd ACN 689 899 223.\ns 145 amd 2025 No. 24 s 39ZY\n(sec.145-ssec.1) The commissioner may make guidelines ( commission guidelines ), consistent with this Act— for dealing with information obtained by the commission or the registry under this Act; or to provide guidance to persons about matters relating to the operation of this Act or the commission.\n(sec.145-ssec.2) The purpose of the guidelines mentioned in subsection (1) (a) is to ensure— natural justice is afforded to the persons about whom the information is obtained; and only relevant information is used in considering a matter to which an agency notice relates; and decisions about relevant persons for an agency notice, based on the relevant information, are made consistently.\n(sec.145-ssec.3) A commission guideline may be amended or replaced by a later guideline made under this section.\n(sec.145-ssec.4) The commissioner must give a copy of a commission guideline to a person on request.\n(sec.145-ssec.5) The commissioner must give a copy of each commission guideline relating to matters about student attendance at schools to— the education chief executive; and the Association of Independent Schools of Queensland Inc.; and Catholic Education Queensland Ltd ACN 689 899 223.\n- (a) for dealing with information obtained by the commission or the registry under this Act; or\n- (b) to provide guidance to persons about matters relating to the operation of this Act or the commission.\n- (a) natural justice is afforded to the persons about whom the information is obtained; and\n- (b) only relevant information is used in considering a matter to which an agency notice relates; and\n- (c) decisions about relevant persons for an agency notice, based on the relevant information, are made consistently.\n- (a) the education chief executive; and\n- (b) the Association of Independent Schools of Queensland Inc.; and\n- (c) Catholic Education Queensland Ltd ACN 689 899 223.","sortOrder":194},{"sectionNumber":"sec.146","sectionType":"section","heading":"Commissioner may ask registrar to amend case plan—change of address","content":"### sec.146 Commissioner may ask registrar to amend case plan—change of address\n\nThis section applies if the commissioner becomes aware that—\na person who is the subject of a family responsibilities agreement or family responsibilities order directing the person to attend a community support service has changed the person’s residential address since the agreement was entered into or the order was given; and\nbecause of the change of residential address, the person can no longer attend the community support service under the case plan for the agreement or order.\nThe commissioner may ask the registrar to amend the case plan to the extent necessary to provide for the person to attend an appropriate community support service under the case plan.\nThe commissioner must endorse the amended plan if the commissioner considers it satisfactorily provides for the person to attend an appropriate community support service.\nThe commissioner may act under subsection (2) more than once.\nAs soon as practicable after the amended case plan has been endorsed by the commissioner, the registrar must—\ngive a copy of the amended plan to the person; and\nexplain the plan to the person in a way that ensures the person fully understands it.\n(sec.146-ssec.1) This section applies if the commissioner becomes aware that— a person who is the subject of a family responsibilities agreement or family responsibilities order directing the person to attend a community support service has changed the person’s residential address since the agreement was entered into or the order was given; and because of the change of residential address, the person can no longer attend the community support service under the case plan for the agreement or order.\n(sec.146-ssec.2) The commissioner may ask the registrar to amend the case plan to the extent necessary to provide for the person to attend an appropriate community support service under the case plan.\n(sec.146-ssec.3) The commissioner must endorse the amended plan if the commissioner considers it satisfactorily provides for the person to attend an appropriate community support service.\n(sec.146-ssec.4) The commissioner may act under subsection (2) more than once.\n(sec.146-ssec.5) As soon as practicable after the amended case plan has been endorsed by the commissioner, the registrar must— give a copy of the amended plan to the person; and explain the plan to the person in a way that ensures the person fully understands it.\n- (a) a person who is the subject of a family responsibilities agreement or family responsibilities order directing the person to attend a community support service has changed the person’s residential address since the agreement was entered into or the order was given; and\n- (b) because of the change of residential address, the person can no longer attend the community support service under the case plan for the agreement or order.\n- (a) give a copy of the amended plan to the person; and\n- (b) explain the plan to the person in a way that ensures the person fully understands it.","sortOrder":195},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":196},{"sectionNumber":"sec.147","sectionType":"section","heading":"Preservation of confidentiality","content":"### sec.147 Preservation of confidentiality\n\nA person must not record, disclose or use confidential information gained by the person through involvement in the administration of this Act, or otherwise under this Act, unless the person does so—\nfor the purpose of this Act; or\nwhen authorised under this Act; or\nwith the consent of the person to whom the information relates, or if the person is a child unable to consent, with the consent of a parent of the child.\nMaximum penalty—100 penalty units.\nA person is not required—\nto disclose confidential information to a court or tribunal; or\nto produce a record containing confidential information to a court or tribunal;\nunless it is necessary to do so for the purpose of this Act.\nA person gains information through involvement in the administration of this Act if the person gains the information—\nin the course of the involvement; or\nbecause of an opportunity provided by the involvement.\nThe following persons are taken to be involved in the administration of this Act—\na commission member;\na board member;\na member of the staff of the registry;\na person engaged by a community support service who has gained information about a person to whom confidential information relates.\na volunteer\nIn this section—\nconfidential information includes—\ninformation or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion; and\ninformation disclosed by an entity in an agency notice.\ns 147 amd 2010 No. 42 s 69\n(sec.147-ssec.1) A person must not record, disclose or use confidential information gained by the person through involvement in the administration of this Act, or otherwise under this Act, unless the person does so— for the purpose of this Act; or when authorised under this Act; or with the consent of the person to whom the information relates, or if the person is a child unable to consent, with the consent of a parent of the child. Maximum penalty—100 penalty units.\n(sec.147-ssec.2) A person is not required— to disclose confidential information to a court or tribunal; or to produce a record containing confidential information to a court or tribunal; unless it is necessary to do so for the purpose of this Act.\n(sec.147-ssec.3) A person gains information through involvement in the administration of this Act if the person gains the information— in the course of the involvement; or because of an opportunity provided by the involvement.\n(sec.147-ssec.4) The following persons are taken to be involved in the administration of this Act— a commission member; a board member; a member of the staff of the registry; a person engaged by a community support service who has gained information about a person to whom confidential information relates. a volunteer\n(sec.147-ssec.5) In this section— confidential information includes— information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion; and information disclosed by an entity in an agency notice.\n- (a) for the purpose of this Act; or\n- (b) when authorised under this Act; or\n- (c) with the consent of the person to whom the information relates, or if the person is a child unable to consent, with the consent of a parent of the child.\n- (a) to disclose confidential information to a court or tribunal; or\n- (b) to produce a record containing confidential information to a court or tribunal;\n- (a) in the course of the involvement; or\n- (b) because of an opportunity provided by the involvement.\n- (a) a commission member;\n- (b) a board member;\n- (c) a member of the staff of the registry;\n- (d) a person engaged by a community support service who has gained information about a person to whom confidential information relates. Example of a person engaged by a community support service— a volunteer\n- (a) information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion; and\n- (b) information disclosed by an entity in an agency notice.","sortOrder":197},{"sectionNumber":"sec.148","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.148 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.\n(sec.148-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.148-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.","sortOrder":198},{"sectionNumber":"sec.149","sectionType":"section","heading":"Magistrate appointed as commissioner","content":"### sec.149 Magistrate appointed as commissioner\n\nThis section applies if a magistrate is appointed as the commissioner.\nService as the commissioner counts as service as a magistrate for all purposes, including, for example, long service leave entitlements.\nHowever, the commissioner may not perform the duties of the office of a magistrate, or exercise the powers of a magistrate, while holding office as the commissioner.\nThe Magistrates Act 1991 , section 41 does not apply to the commissioner while holding office as the commissioner.\n(sec.149-ssec.1) This section applies if a magistrate is appointed as the commissioner.\n(sec.149-ssec.2) Service as the commissioner counts as service as a magistrate for all purposes, including, for example, long service leave entitlements.\n(sec.149-ssec.3) However, the commissioner may not perform the duties of the office of a magistrate, or exercise the powers of a magistrate, while holding office as the commissioner.\n(sec.149-ssec.4) The Magistrates Act 1991 , section 41 does not apply to the commissioner while holding office as the commissioner.","sortOrder":199},{"sectionNumber":"sec.150","sectionType":"section","heading":"Approved forms","content":"### sec.150 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":200},{"sectionNumber":"sec.151","sectionType":"section","heading":"Regulation-making power","content":"### sec.151 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 151 amd 2014 No. 54 s 9","sortOrder":201},{"sectionNumber":"sec.152","sectionType":"section","heading":null,"content":"### Section sec.152\n\ns 152 amd 2011 No. 35 s 21 ; 2012 No. 30 s 4 ; 2013 No. 48 s 3\nom 2014 No. 54 s 10","sortOrder":202},{"sectionNumber":"pt.15","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":203},{"sectionNumber":"sec.153","sectionType":"section","heading":"Commission’s first annual report","content":"### sec.153 Commission’s first annual report\n\nDespite section 143, the commission’s first annual report must relate to the period starting on the day that section commences and ending on 30 June 2009.","sortOrder":204},{"sectionNumber":"sec.154","sectionType":"section","heading":"Commission’s first quarterly report","content":"### sec.154 Commission’s first quarterly report\n\nDespite section 144, the first report under that section must—\nbe given to the board after the end of the second full quarter after the day section 144 commences; and\nrelate to the period starting on the day section 144 commences and ending at the end of the full quarter.\n- (a) be given to the board after the end of the second full quarter after the day section 144 commences; and\n- (b) relate to the period starting on the day section 144 commences and ending at the end of the full quarter.","sortOrder":205},{"sectionNumber":"sec.155","sectionType":"section","heading":null,"content":"### Section sec.155\n\ns 155 amd 2011 No. 35 s 22 ; 2012 No. 30 s 5 ; 2013 No. 48 s 4\nom 2014 No. 54 s 11","sortOrder":206},{"sectionNumber":"sec.156","sectionType":"section","heading":null,"content":"### Section sec.156\n\ns 156 amd 2011 No. 35 s 23 ; 2012 No. 30 s 6 ; 2013 No. 48 s 5\nom 2014 No. 54 s 11","sortOrder":207},{"sectionNumber":"sec.157","sectionType":"section","heading":"Transitional provision for Justice and Other Legislation Amendment Act 2010","content":"### sec.157 Transitional provision for Justice and Other Legislation Amendment Act 2010\n\nA reference in section 81, definition case plan , paragraph (a) to a family responsibilities agreement does not include a family responsibilities agreement made before the commencement of this section.\nA reference in section 81, definition case plan , paragraph (b) to a family responsibilities order does not include a family responsibilities order made before the commencement of this section.\ns 157 ins 2010 No. 42 s 70\n(sec.157-ssec.1) A reference in section 81, definition case plan , paragraph (a) to a family responsibilities agreement does not include a family responsibilities agreement made before the commencement of this section.\n(sec.157-ssec.2) A reference in section 81, definition case plan , paragraph (b) to a family responsibilities order does not include a family responsibilities order made before the commencement of this section.","sortOrder":208},{"sectionNumber":"sec.158","sectionType":"section","heading":"Transitional provision for Family Responsibilities Commission Amendment Act 2013","content":"### sec.158 Transitional provision for Family Responsibilities Commission Amendment Act 2013\n\nThis section applies to a conference if—\nthe agency notice to which the conference relates was received by the commissioner before the commencement; and\nall or part of the conference is held after the commencement.\nThis Act, as in force immediately before the commencement, continues to apply to the conference despite the commencement of the amending Act.\nIn this section—\namending Act means the Family Responsibilities Commission Amendment Act 2013 .\ncommencement means the commencement of this section.\ns 158 ins 2013 No. 48 s 6\n(sec.158-ssec.1) This section applies to a conference if— the agency notice to which the conference relates was received by the commissioner before the commencement; and all or part of the conference is held after the commencement.\n(sec.158-ssec.2) This Act, as in force immediately before the commencement, continues to apply to the conference despite the commencement of the amending Act.\n(sec.158-ssec.3) In this section— amending Act means the Family Responsibilities Commission Amendment Act 2013 . commencement means the commencement of this section.\n- (a) the agency notice to which the conference relates was received by the commissioner before the commencement; and\n- (b) all or part of the conference is held after the commencement.","sortOrder":209},{"sectionNumber":"sec.159","sectionType":"section","heading":"Transitional provision for Education (General Provisions) Amendment Act 2025","content":"### sec.159 Transitional provision for Education (General Provisions) Amendment Act 2025\n\nThis section applies if, before the commencement, a commission guideline was given under former section 145(5) to the Queensland Catholic Education Commission.\nThe commission guideline is taken to have been given to Catholic Education Queensland Ltd ACN 689 899 223.\nIn this section—\nformer section 145(5) means section 145(5) as in force from time to time before the commencement.\nQueensland Catholic Education Commission means the Queensland Catholic Education Commission within the meaning of former section 145(5).\ns 159 ins 2025 No. 24 s 39ZZ\n(sec.159-ssec.1) This section applies if, before the commencement, a commission guideline was given under former section 145(5) to the Queensland Catholic Education Commission.\n(sec.159-ssec.2) The commission guideline is taken to have been given to Catholic Education Queensland Ltd ACN 689 899 223.\n(sec.159-ssec.3) In this section— former section 145(5) means section 145(5) as in force from time to time before the commencement. Queensland Catholic Education Commission means the Queensland Catholic Education Commission within the meaning of former section 145(5).","sortOrder":210}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded from its original 2008 scope through multiple amendments. Initially focused on a small number of communities under the Cape York welfare reform trial, it was broadened by the 2014 amendments to allow any area to be prescribed as a 'welfare reform community area' by regulation (removing the fixed list approach), extended court notice obligations to include children's matters and domestic violence protection orders (2014-2015), added police protection direction notices (2025 amendment inserting s.43A), modified the definition of welfare recipient over time, and expanded income management-related provisions. What began as a targeted Cape York pilot program has become a broader, more permanent and geographically flexible welfare reform mechanism."},"complexity_factors":["Operates across multiple intersecting federal and state legislative frameworks (Social Security Administration Act, Child Protection Act, Domestic and Family Violence Protection Act, Education (General Provisions) Act, Youth Justice Act, Working with Children Check Act, and more)","Multi-tiered commission structure with different eligibility requirements, disqualification rules, and appointment processes for each tier","Complex definitions of key terms like 'community member', 'welfare recipient', 'welfare reform community area' that depend on cross-references to federal welfare law categories (category P and category R payments)","Multiple distinct agency notice types (school attendance, school enrolment, child safety, court advice, police protection direction, tenancy) each with different triggering conditions and timeframes","Income management provisions engage with federal welfare law, creating a layered state-federal legal interaction","Geographic scope is dynamic — 'welfare reform community areas' are defined by regulation, meaning the law's reach can change without amending the Act itself","Proceedings are quasi-judicial (conference-based) but not a court, creating an unusual procedural framework without standard court protections","Significant delegation and subdelegation provisions with carve-outs for specific 'prescribed provisions'","Retrospective reach — persons who lived in a welfare reform community area at any point since commencement can be captured as 'community members'","Intersection with sensitive areas of law including child protection, domestic violence, criminal history, and indigenous community governance"],"plain_english_summary":"The Act creates the Family Responsibilities Commission to work in designated remote Indigenous communities and to respond when agencies raise concerns about welfare recipients who have lived there. Through conferences the FRC seeks to address problems, make agreements or orders, and can recommend that part of a person’s welfare payments be income‑managed.\n\nIt matters because it gives a local, independent body power to impose conditions that can directly affect daily life and welfare entitlements in those communities."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":843},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2008 form. Major amendments in 2010, 2011, 2013, 2014, 2015 and 2024-2025 added: police protection direction notices (2025), expanded court advice notices to include domestic violence orders, new conference constitution options (3 local commissioners without the commissioner), voluntary income management agreements, and refined income management powers. The scope has shifted from purely reactive (responding to agency notices) to include proactive voluntary referrals and more flexible conferencing arrangements."},"complexity_factors":["Multiple overlapping definitions of 'community member' and 'welfare recipient' tied to Commonwealth social security law","Complex conference constitution rules with alternative arrangements (3 local commissioners vs commissioner + 2 locals) and reconstitution procedures","Nested conditional logic for income management decisions requiring commissioner endorsement or commission reconstitution","Extensive cross-referencing to Commonwealth Social Security Administration Act for income management mechanics","Multiple pathways for agency notices (school attendance, child safety, court convictions, police protection directions, housing) with different timing and form requirements","Detailed disqualification criteria for commissioners with layered exceptions and spent conviction rules","Show cause process for non-compliance with case plans involving separate constitution and procedural rules","Information sharing provisions with prescribed entities and public interest exceptions"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Family Responsibilities Commission** — a special body that works with welfare recipients in designated Indigenous communities (called \"welfare reform community areas\") to address problems like children missing school, child safety concerns, domestic violence, and housing issues.\n\n**Who it affects:**\n- **Community members** — people receiving welfare payments who live in designated welfare reform community areas (mainly Aboriginal and Torres Strait Islander communities in Cape York and other prescribed areas)\n- **Schools, housing providers, police, and child protection agencies** — who must notify the Commission when they identify problems\n- **Local community members** — who can be appointed as \"local commissioners\" to help run the process\n\n**How it works:**\n\n1. **Agencies send notices** — Schools, child protection services, courts, police, and housing providers must tell the Commission when they see problems (e.g., a child missing 3 days of school, allegations of child harm, criminal convictions, domestic violence orders, or housing tenancy breaches).\n\n2. **The Commission holds conferences** — The Commission meets with the person involved to discuss the issues. These conferences aim to reach voluntary agreements rather than punish people.\n\n3. **Outcomes can include:**\n   - **Family responsibilities agreements** — voluntary deals where the person agrees to attend support services or have their welfare payments \"income managed\" (where a portion of their payment is quarantined for essentials)\n   - **Directions or orders** — requiring attendance at support services or income management\n   - **Reprimands** or no further action\n\n4. **Income management** — The Commission can require that part of a person's welfare payment be set aside and managed to ensure money goes to essentials like food, rent, and bills.\n\n5. **Local involvement** — The Commission includes \"local commissioners\" — respected Aboriginal and Torres Strait Islander community members who help ensure the process respects local culture and traditions.\n\n**Key principles:**\n- Children's wellbeing comes first\n- Early intervention is preferred\n- Aboriginal tradition and Island custom must be considered\n- The Commission must act independently and impartially\n\n**Why it matters:**\nThis is a unique Australian experiment in \"welfare reform\" that tries to combine government accountability with Indigenous self-determination. It aims to reduce welfare dependency and improve community safety by involving local Indigenous leaders in decision-making, rather than just imposing penalties from outside."},"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":8,"scope_assessment":{"changed":true,"description":"Since its original enactment the Act has been extended and operationally expanded by a series of amendments that broadened information‑sharing, notice types and procedural mechanisms.  Notable scope expansions include: formalising new notice types (eg. police protection directions (s 43A)), broader prescribed entities and data exchange powers (Part 8, ss 90–94), the creation and specification of voluntary income‑management agreements (ss 106–109), and refinements to commissioner endorsement and conference constitution procedures (ss 50A, 64, 68).  These changes increased the Act’s operational reach — more pathways to trigger commission involvement, more entities obliged or permitted to share information, and more explicit administrative tools to implement income management — while retaining the original object of restoring community standards (s 4)."},"complexity_factors":["Lengthy Act with many Parts and Divisions (multiple subject areas: establishment, conferences, case plans, info exchange, appeals, board, offences)","High number of cross‑references to other Acts (Social Security Administration Act, Child Protection Act 1999, Education Acts, Youth Justice Act, Domestic and Family Violence Protection Act) creating dependency on external provisions","Numerous defined terms and schedule definitions (eg. community member, welfare recipient, welfare reform community area, relevant information, prescribed entity)","Multiple conditional decision paths (eg. conference constitution varies under ss 50/50A/53/53A; commissioner endorsement requirements under ss 64, 68, 69)","Nested procedures with statutory time limits (eg. notification timeframes in ss 40, 42, 43; conference timing in s 58; show‑cause minimum notice 14 days in s 82; case plan endorsement within 7 days s 78)","Information‑sharing regime with specific exceptions and discretion (ss 91–93) increases interpretive complexity","Several procedural privileges and limits (privilege for conference content s 55; limited appeal rights s 110; immunity and confidentiality protections ss 95, 147)","Interlocking administrative roles (Minister, Governor in Council, commissioner, registrar, local registry coordinators, local commissioners, Family Responsibilities Board) with appointment, delegation and oversight rules (secs 12–25, 116–123)"],"plain_english_summary":"**What the law does, mechanically**\n\n- Establishes the Family Responsibilities Commission (the commission), its commissioner, deputy commissioners, local commissioners, a registry and a Family Responsibilities Board (secs 9–12, 32, 116–118).  The commissioner runs the commission, appoints local commissioners for particular welfare reform community areas, and delegates some functions (secs 22–25, 51).\n\n- Creates a procedure for a set of government and service agencies to notify the commission about specified problems (\"agency notices\").  Notifying matters include repeated unexplained school absence, non‑enrolment, child safety notifications, certain court convictions or protection orders, police protection directions, and certain social housing tenancy breaches (secs 40–44, 42–43A).  Notices must be in approved forms and given within prescribed time limits.\n\n- Requires the commissioner to decide whether a \"relevant person\" in an agency notice is a \"community member\" (people who are welfare recipients and who live or have lived in a prescribed welfare reform community area) before the commission may take action (secs 7–8A, 48–49).\n\n- Gives the commission power to hold conferences with the person the notice concerns (the conference is intended to be informal but must observe natural justice) and to make decisions after the conference.  Conferences are usually made up of the commissioner plus two local commissioners for the area (secs 46–51, 56–61).\n\n- Sets out the decisions the commission may make after a conference: enter into a family responsibilities agreement (a signed agreement) requiring a person to attend a community support service under a case plan or to be placed under income management; or, if no agreement, do nothing, reprimand, recommend attendance at support services, direct attendance under a case plan, or give notice to the welfare payments secretary requiring the person be subject to income management (secs 68–69, 74).\n\n- Defines case plans (written plans prepared by the registrar about required attendance at community support services), requires recording, endorsement by the commissioner, explanation to the person, and monitoring of compliance by the registrar (secs 76–80, 35).\n\n- Sets up a show‑cause process if the registrar or commissioner reasonably believes a person has not complied with a compulsory case plan; the commission may increase the length or intensity of income management or impose income management where appropriate (secs 81–89).\n\n- Provides for voluntary referrals: a community member may ask to be referred to support services or ask the commission to refer them into income management via a voluntary agreement (secs 105–109).\n\n- Establishes information‑sharing powers between the commission and a range of \"prescribed entities\" (education, child protection, housing, police, corrective services, community support providers, etc.).  The commissioner may request or give \"relevant information\" and there are specific exceptions where an entity may refuse (secs 90–96, 92–94).\n\n- Prescribes confidentiality protections for information shared with the commission, immunity for people who give information honestly, limited appeal rights (appeal to a Magistrates Court only on a question of law) and criminal penalties for false statements, reprisals and disruption (secs 95, 110–115, 125–133).\n\n**Who it affects**\n\n- Primary targets: people defined as \"community members\" — welfare recipients who live or have lived in designated \"welfare reform community areas\" (secs 7–8A).  The Act directly affects their interactions with schools, housing providers, child protection, police and courts via notification, conferences and possible directions/agreements.\n\n- Agencies and service providers: principals, education chief executive, child protection chief executive, court officers, police, social housing lessors, and community support service providers — they have statutory duties to notify, to provide information on request, and in some cases to attend conferences (secs 40–44, 42–44, 61, 92–94).\n\n- Local communities: local commissioners and registry staff who administer conferences, and bodies that provide or receive aggregated reports and guidance (secs 14, 33, 122–144).\n\n**Why it matters (official purpose, and how the Act attempts to achieve it)**\n\n- The Act's stated objects are to \"support the restoration of socially responsible standards of behaviour and local authority\" in welfare reform community areas and to help people resume primary responsibility for wellbeing (sec 4).  Mechanically, it does this by creating a localised administrative decision‑making and case management process (conferences, agreements, case plans) backed by information sharing and, where the commission decides it is necessary, income management of welfare payments (secs 46–69, 74, 76).\n\n**Testing the official purpose against costs, incentives and trade‑offs**\n\n- Who decides: the commissioner and local commissioners make determinations about whether a person is a community member, whether to hold conferences, and whether to impose directions or income management (secs 47–51, 68–69).  The Minister and Governor in Council appoint commissioners and local commissioners (secs 12–16, 14), which gives political/administrative actors appointment control.\n\n- Who pays / where costs fall: administrative and compliance costs fall on government departments (running the registry, holding conferences, training local commissioners — secs 22, 33–36, 51) and on notified individuals (time and potential loss of control over income if income management is applied — secs 68–69, 74).  Community support services may see increased demand (secs 35, 76).\n\n- Incentives and behaviour change: the Act creates a formal pathway linking agency reports (school absence, child safety, tenancy breaches, court/protection notices) to local conferences and possible conditions (attendance at services, income management).  That structure creates incentives for individuals to comply with school attendance and tenancy rules to avoid conferences and possible income management; it also creates incentives for agencies to notify when statutory triggers are met (secs 40–44, 42–43A).\n\n- Bureaucratic discretion and compliance burden: the commissioner has broad discretion (for example, to decide whether to hold a conference (sec 47), whether information is \"relevant\" (sec 91), and to request information from prescribed entities (sec 93)).  Agencies must collect and transmit specified data in approved forms and meet time limits (secs 40–44, 61, 74, 89).  The need for training, record‑keeping and monitoring (secs 22, 35, 67, 77) creates ongoing administrative obligations.\n\n- Information flows and implementation risk: the regime depends on timely, accurate notifications and effective information‑sharing across multiple agencies (secs 40–44, 92–94).  Exceptions to information requests (e.g. where disclosure would prejudice investigations) and limits on what counts as \"relevant\" may create gaps or delay (sec 93).  Local commissioners must be appropriately trained and reflective of community groups (secs 14, 51), which is operationally demanding.\n\n- Concentration of benefits vs diffuse costs: benefits (as framed by the Act) are concentrated in the immediate community (children, vulnerable persons) and in government interests in local order; costs are dispersed — administrative cost to government, and personal costs to welfare recipients who may face income management or compulsory program attendance (secs 4, 68–69).  The Act provides appeals on questions of law only (secs 110–115), constraining legal challenges to points of law rather than fact or proportionality.\n\n**Key conditional and limits to power**\n\n- Before action the commission must be satisfied the person is a \"community member\" (secs 7, 48–49).\n- Income management decisions require notification to the Secretary and are operationalised under the Social Security Administration Act (secs 74, 138; cross‑referenced Social Security Act provisions).\n- Appeals are limited to questions of law (sec 110).  Conferences are privileged and statements there are not generally admissible in other proceedings (sec 55).\n\n**Operational friction points and trade‑offs**\n\n- The regime trades increased local administrative control and information sharing for increased compliance, data and supervision burdens on agencies and affected individuals (secs 92–93, 35, 67, 76).\n- Effectiveness depends on adequate training for local commissioners, timely information exchange and availability of community support services (secs 22, 51, 35, 92–94).  Where services are not available the Act contemplates directions but practical delivery is a separate cost.\n\n**Short list of important sections to consult**\n\n- Objects and principles: secs 4–5.\n- Who is covered: secs 7–8A.\n- Agency notices and triggers: secs 40–44, 42–43A.\n- Conferences and membership: secs 46–51, 56–69.\n- Case plans and show‑cause: secs 76–89.\n- Information exchange and confidentiality: secs 90–96, 95, 147.\n- Appeals and limits: secs 110–115.\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/family-responsibilities-commission-act-2008","history":"/api/acts/family-responsibilities-commission-act-2008/history","analysis":"/api/acts/family-responsibilities-commission-act-2008/analysis","conflicts":"/api/acts/family-responsibilities-commission-act-2008/conflicts","importantCases":"/api/acts/family-responsibilities-commission-act-2008/important-cases","documents":"/api/acts/family-responsibilities-commission-act-2008/documents"}}