Mechanically, the Act lets Queensland ministers and departmental chief executives designate state funding as covered, then monitor and enforce its proper use. It creates powers to require information, inspect premises, appoint authorised officers and interim managers, suspend or recover funding, and seek penalties or compensation. It applies to entities that receive departmental funding to deliver services with social, environmental or economic benefit.
Who pays and decides: the State provides and controls the funding and remediation powers; funded entities bear compliance costs, risk of debt recovery and possible penalties, and have limited internal review rights.
The Community Services Act 2007 sets a statutory framework by which Queensland departments may classify particular government funding as being subject to the Act (a funding declaration), and then exercise a suite of monitoring, compliance and intervention powers over entities that receive that funding (funded entities). Mechanically, the Act creates three core layers of authority and consequence.
Declaration layer. A Minister may declare funding to be governed by the Act by publishing a funding declaration on a Queensland Government website (s 12). The Act applies to declared funding from the time of declaration; if the funding was provided earlier, the Act applies from the declaration (s 10(2)). The chief executive of the administering department must keep and publish a list of declared funding (s 13) and must notify funded entities if funding becomes declared after they have entered an agreement or received the funding (s 14).
Compliance and remedial layer. Where a chief executive reasonably believes a serious concern exists (see s 16), the chief executive may seek a written report from an authorised officer (s 17), give compliance notices requiring remedial steps (s 19), suspend or stop funding or terminate funding agreements for noncompliance (s 19(5)), appoint an interim manager to remedy the concern or keep services running (ss 20, 21, Pt 5), and recover unspent or improperly used funds as a debt (s 22). The Act also contains a cooperative-approach obligation that requires consideration of non-coercive remedies before exercising powers (s 15), but non-compliance with that obligation does not invalidate action (s 15(3)).
Monitoring and enforcement layer. The Act creates authorised officers (Pt 4, ss 24-31) with powers to enter premises by consent, during business hours or with a warrant (ss 33, 35-39), inspect, copy and remove documents for copying (s 40), and require information and certification (ss 43, 44). Failure to comply with compliance notices, information requirements, or directions can attract fines (s 19(4), s 44(1)) and other enforcement steps, including criminal proceedings for various offences (Pt 7).
Current sections
Direct links to the current provisions in Community Services Act 2007.
156
pt.1
Preliminary
Preliminary
pt.1-div.1
Introduction
Introduction
sec.1
Short title
sec.1 Short title
This Act may be cited as the Community Services Act 2007 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
pt.1-div.2
Object and principles
Object and principles
sec.3
Main object and achievement
sec.3 Main object and achievement
The main object of this Act is to safeguard funding for the delivery of products or services to the community that—
contribute to Queensland’s economic, social and environmental wellbeing; and
enhance the quality of life of individuals, groups and communities.
This object is mainly achieved by providing clear and consistent powers that safeguard—
funding provided to entities to deliver products or services; and
the delivery of products or services that are provided with the funding.
s 3 sub 2014 No. 12 s 5
(sec.3-ssec.1) The main object of this Act is to safeguard funding for the delivery of products or services to the community that— contribute to Queensland’s economic, social and environmental wellbeing; and enhance the quality of life of individuals, groups and communities.
(sec.3-ssec.2) This object is mainly achieved by providing clear and consistent powers that safeguard— funding provided to entities to deliver products or services; and the delivery of products or services that are provided with the funding.
(a) contribute to Queensland’s economic, social and environmental wellbeing; and
(b) enhance the quality of life of individuals, groups and communities.
(a) funding provided to entities to deliver products or services; and
(b) the delivery of products or services that are provided with the funding.
sec.4
Guiding principles
sec.4 Guiding principles
This Act is to be administered in a way that has regard to the following principles—
the use of public funds for products and services should—
advance Queensland’s social, economic and environmental wellbeing; and
respond to the diverse needs of individuals, groups and communities;
the government should administer funding in a way that—
is efficient and transparent; and
involves clear and timely communication; and
promotes excellence in the delivery of products and services; and
provides sustainable service delivery to communities;
the contractual arrangements between government and funded entities should reflect a clear and common understanding of—
the purpose of the funding; and
the results to be achieved from the funded products and services; and
the intended recipients of the products or services;
ensuring accountability in the delivery of funded products and services will—
protect the safety and interests of users of the products or services, including those who are at risk or are vulnerable; and
help to maintain public confidence about the use of public funds;
the government and funded entities should recognise each other’s autonomy and accountabilities.
s 4 sub 2014 No. 12 s 5
(a) the use of public funds for products and services should— (i) advance Queensland’s social, economic and environmental wellbeing; and (ii) respond to the diverse needs of individuals, groups and communities;
(i) advance Queensland’s social, economic and environmental wellbeing; and
(ii) respond to the diverse needs of individuals, groups and communities;
(b) the government should administer funding in a way that— (i) is efficient and transparent; and (ii) involves clear and timely communication; and (iii) promotes excellence in the delivery of products and services; and (iv) provides sustainable service delivery to communities;
(i) is efficient and transparent; and
(ii) involves clear and timely communication; and
(iii) promotes excellence in the delivery of products and services; and
(iv) provides sustainable service delivery to communities;
(c) the contractual arrangements between government and funded entities should reflect a clear and common understanding of— (i) the purpose of the funding; and (ii) the results to be achieved from the funded products and services; and (iii) the intended recipients of the products or services;
(i) the purpose of the funding; and
(ii) the results to be achieved from the funded products and services; and
(iii) the intended recipients of the products or services;
(d) ensuring accountability in the delivery of funded products and services will— (i) protect the safety and interests of users of the products or services, including those who are at risk or are vulnerable; and (ii) help to maintain public confidence about the use of public funds;
(i) protect the safety and interests of users of the products or services, including those who are at risk or are vulnerable; and
(ii) help to maintain public confidence about the use of public funds;
(e) the government and funded entities should recognise each other’s autonomy and accountabilities.
(i) advance Queensland’s social, economic and environmental wellbeing; and
(ii) respond to the diverse needs of individuals, groups and communities;
(i) is efficient and transparent; and
(ii) involves clear and timely communication; and
(iii) promotes excellence in the delivery of products and services; and
(iv) provides sustainable service delivery to communities;
(i) the purpose of the funding; and
(ii) the results to be achieved from the funded products and services; and
(iii) the intended recipients of the products or services;
(i) protect the safety and interests of users of the products or services, including those who are at risk or are vulnerable; and
(ii) help to maintain public confidence about the use of public funds;
sec.5
Finite resources available
sec.5 Finite resources available
In administering this Act, regard must be had to the following—
the State has finite resources available to provide as funding;
there is a need to ensure the State’s resources provided as funding are used properly to deliver funded products and services.
s 5 sub 2014 No. 12 s 5
(a) the State has finite resources available to provide as funding;
(b) there is a need to ensure the State’s resources provided as funding are used properly to deliver funded products and services.
pt.1-div.3
Interpretation
Interpretation
sec.6
Definitions
sec.6 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
s 6 amd 2014 No. 12 s 6
sec.7
Meaning of funded entity and funded product or service
sec.7 Meaning of funded entity and funded product or service
A funded entity is an entity that receives funding provided by a department to deliver a product or service.
A funded product or service , in relation to a funded entity, is a product or service required to be delivered by the funded entity with funding received by the funded entity.
For subsections (1) and (2) , it does not matter whether—
the entity received the funding from the department or from another entity that received the funding from the department; or
the entity has a funding agreement with the department about the funding; or
other funds or resources are also used by the entity to deliver the product or service.
s 7 amd 2008 No. 5 s 32B
sub 2014 No. 12 s 7
(sec.7-ssec.1) A funded entity is an entity that receives funding provided by a department to deliver a product or service.
(sec.7-ssec.2) A funded product or service , in relation to a funded entity, is a product or service required to be delivered by the funded entity with funding received by the funded entity.
(sec.7-ssec.3) For subsections (1) and (2) , it does not matter whether— the entity received the funding from the department or from another entity that received the funding from the department; or the entity has a funding agreement with the department about the funding; or other funds or resources are also used by the entity to deliver the product or service.
(a) the entity received the funding from the department or from another entity that received the funding from the department; or
(b) the entity has a funding agreement with the department about the funding; or
(c) other funds or resources are also used by the entity to deliver the product or service.
sec.8
Meaning of funding and funding agreement
sec.8 Meaning of funding and funding agreement
A department provides funding if the department provides aid or support in the form of money or other assistance to an entity—
to enable the entity to deliver a product or service to the community where the product or service has a social, environmental or economic benefit for Queensland; and
on conditions that—
require specified products or services to be delivered; and
require the entity to be accountable to the department for delivering the products or services and the use of the money or other assistance.
lease of a building
transfer of land
goods or services
in-kind support
A funding agreement is a written agreement with an entity about a department providing funding to the entity.
s 8 sub 2014 No. 12 s 7
(sec.8-ssec.1) A department provides funding if the department provides aid or support in the form of money or other assistance to an entity— to enable the entity to deliver a product or service to the community where the product or service has a social, environmental or economic benefit for Queensland; and on conditions that— require specified products or services to be delivered; and require the entity to be accountable to the department for delivering the products or services and the use of the money or other assistance. lease of a building transfer of land goods or services in-kind support
(sec.8-ssec.2) A funding agreement is a written agreement with an entity about a department providing funding to the entity.
(a) to enable the entity to deliver a product or service to the community where the product or service has a social, environmental or economic benefit for Queensland; and
(b) on conditions that— (i) require specified products or services to be delivered; and (ii) require the entity to be accountable to the department for delivering the products or services and the use of the money or other assistance.
(i) require specified products or services to be delivered; and
(ii) require the entity to be accountable to the department for delivering the products or services and the use of the money or other assistance.
(i) require specified products or services to be delivered; and
(ii) require the entity to be accountable to the department for delivering the products or services and the use of the money or other assistance.
• lease of a building
• transfer of land
• goods or services
• in-kind support
sec.9
References to Minister, chief executive and department
sec.9 References to Minister, chief executive and department
In a provision of this Act—
a reference to a Minister is a reference to a Minister who administers a department, or part of a department, providing funding; and
a reference to a chief executive is a reference to the chief executive of a department providing funding; and
a reference to a department is a reference to a department providing funding.
In a provision about a Minister, a reference to the department is a reference to a department, or part of a department, providing funding that is administered by the Minister.
In a provision about a chief executive, a reference to the department is a reference to the department of which the person is the chief executive.
The Acts Interpretation Act 1954 , sections 33 (2) , 33AA (2) and 33AB (2) do not apply.
The Acts Interpretation Act 1954 , sections 33 , 33AA and 33AB deal with references to Ministers, departments and chief executives. For the purposes of this Act, a reference to, for example, the chief executive is not limited to the chief executive of the public sector unit administering this Act.
s 9 sub 2014 No. 12 s 7
amd 2023 No. 23 s 247 sch 1 s 9
(sec.9-ssec.1) In a provision of this Act— a reference to a Minister is a reference to a Minister who administers a department, or part of a department, providing funding; and a reference to a chief executive is a reference to the chief executive of a department providing funding; and a reference to a department is a reference to a department providing funding.
(sec.9-ssec.2) In a provision about a Minister, a reference to the department is a reference to a department, or part of a department, providing funding that is administered by the Minister.
(sec.9-ssec.3) In a provision about a chief executive, a reference to the department is a reference to the department of which the person is the chief executive.
(sec.9-ssec.4) The Acts Interpretation Act 1954 , sections 33 (2) , 33AA (2) and 33AB (2) do not apply. The Acts Interpretation Act 1954 , sections 33 , 33AA and 33AB deal with references to Ministers, departments and chief executives. For the purposes of this Act, a reference to, for example, the chief executive is not limited to the chief executive of the public sector unit administering this Act.
(a) a reference to a Minister is a reference to a Minister who administers a department, or part of a department, providing funding; and
(b) a reference to a chief executive is a reference to the chief executive of a department providing funding; and
(c) a reference to a department is a reference to a department providing funding.
pt.2
General provisions about funding
General provisions about funding
sec.10
Application of Act
sec.10 Application of Act
This Act applies in relation to funding provided by a department that is the subject of a funding declaration.
To remove any doubt, it is declared that, if the funding was not the subject of a funding declaration when it was provided, this Act applies in relation to the funding from when it becomes the subject of a funding declaration.
s 10 sub 2014 No. 12 s 8
(sec.10-ssec.1) This Act applies in relation to funding provided by a department that is the subject of a funding declaration.
(sec.10-ssec.2) To remove any doubt, it is declared that, if the funding was not the subject of a funding declaration when it was provided, this Act applies in relation to the funding from when it becomes the subject of a funding declaration.
sec.11
Act does not limit other remedies or powers
sec.11 Act does not limit other remedies or powers
This Act does not limit—
a remedy available to a chief executive under a funding agreement; or
a chief executive’s powers apart from this Act; or
the powers that may be exercised in relation to a funded entity under another Act.
s 11 sub 2014 No. 12 s 8
(a) a remedy available to a chief executive under a funding agreement; or
(b) a chief executive’s powers apart from this Act; or
(c) the powers that may be exercised in relation to a funded entity under another Act.
sec.12
Minister may declare funding to which this Act applies
sec.12 Minister may declare funding to which this Act applies
A Minister may, by notice (a funding declaration ) published on a Queensland Government website, declare funding to be funding to which this Act applies.
A funding declaration may relate to—
funding provided, or available to be provided, under a program of funding administered by the department; or
funding provided, or to be provided, to an entity on a one-off basis.
In deciding whether to make a funding declaration, the Minister may consider the following matters—
the nature of—
the product or service to be delivered with the funding; and
the service provider market; and
the entity or entities to be provided with the funding;
the importance of the product or service to meeting the needs of individuals, groups and the community;
the characteristics and vulnerability of the users, or intended users, of the product or service;
people with disability
children and young people
the amount of funding to be provided;
whether the funding is regulated under another law or an administrative scheme;
any other matter the Minister considers is relevant.
s 12 sub 2014 No. 12 s 8
(sec.12-ssec.1) A Minister may, by notice (a funding declaration ) published on a Queensland Government website, declare funding to be funding to which this Act applies.
(sec.12-ssec.2) A funding declaration may relate to— funding provided, or available to be provided, under a program of funding administered by the department; or funding provided, or to be provided, to an entity on a one-off basis.
(sec.12-ssec.3) In deciding whether to make a funding declaration, the Minister may consider the following matters— the nature of— the product or service to be delivered with the funding; and the service provider market; and the entity or entities to be provided with the funding; the importance of the product or service to meeting the needs of individuals, groups and the community; the characteristics and vulnerability of the users, or intended users, of the product or service; people with disability children and young people the amount of funding to be provided; whether the funding is regulated under another law or an administrative scheme; any other matter the Minister considers is relevant.
(a) funding provided, or available to be provided, under a program of funding administered by the department; or
(b) funding provided, or to be provided, to an entity on a one-off basis.
(a) the nature of— (i) the product or service to be delivered with the funding; and (ii) the service provider market; and (iii) the entity or entities to be provided with the funding;
(i) the product or service to be delivered with the funding; and
(ii) the service provider market; and
(iii) the entity or entities to be provided with the funding;
(b) the importance of the product or service to meeting the needs of individuals, groups and the community;
(c) the characteristics and vulnerability of the users, or intended users, of the product or service; Examples— • people with disability • children and young people
• people with disability
• children and young people
(d) the amount of funding to be provided;
(e) whether the funding is regulated under another law or an administrative scheme;
(f) any other matter the Minister considers is relevant.
(i) the product or service to be delivered with the funding; and
(ii) the service provider market; and
(iii) the entity or entities to be provided with the funding;
• people with disability
• children and young people
sec.13
List of declared funding must be kept and published
sec.13 List of declared funding must be kept and published
A chief executive must keep a list of funding administered by the chief executive’s department that is the subject of a funding declaration.
The chief executive must publish the list on a Queensland Government website.
s 13 sub 2014 No. 12 s 8
(sec.13-ssec.1) A chief executive must keep a list of funding administered by the chief executive’s department that is the subject of a funding declaration.
(sec.13-ssec.2) The chief executive must publish the list on a Queensland Government website.
sec.14
Chief executive must notify funded entities about declaration
sec.14 Chief executive must notify funded entities about declaration
This section applies if, after a funded entity enters into a funding agreement or receives funding, the funding becomes the subject of a funding declaration.
The chief executive must give the funded entity notice of the funding declaration within 1 month after the declaration is made.
The notice must include information about the powers that can be exercised in relation to the funding under this Act.
Failure to comply with subsection (2) does not affect the validity of the funding declaration.
s 14 sub 2014 No. 12 s 8
(sec.14-ssec.1) This section applies if, after a funded entity enters into a funding agreement or receives funding, the funding becomes the subject of a funding declaration.
(sec.14-ssec.2) The chief executive must give the funded entity notice of the funding declaration within 1 month after the declaration is made.
(sec.14-ssec.3) The notice must include information about the powers that can be exercised in relation to the funding under this Act.
(sec.14-ssec.4) Failure to comply with subsection (2) does not affect the validity of the funding declaration.
sec.15
Cooperative approach
sec.15 Cooperative approach
Before a chief executive or an authorised officer exercises a power under this Act in relation to a funded entity, the chief executive or authorised officer must consider whether it would be more appropriate, instead of exercising the power—
to seek the cooperation of the funded entity; or
to use a remedy available under a funding agreement.
requesting consent to inspect a funded entity’s records
jointly developing and monitoring a remedial plan for breaches of the funding agreement
agreeing to reporting or monitoring requirements for an identified risk
Nothing in this Act limits the way in which a chief executive or authorised officer may cooperate with a funded entity in dealing with a matter in relation to which a power under this Act could be exercised.
The exercise of a power under this Act can not be challenged merely because the chief executive or authorised officer did not comply with subsection (1) .
s 15 sub 2014 No. 12 s 8
(sec.15-ssec.1) Before a chief executive or an authorised officer exercises a power under this Act in relation to a funded entity, the chief executive or authorised officer must consider whether it would be more appropriate, instead of exercising the power— to seek the cooperation of the funded entity; or to use a remedy available under a funding agreement. requesting consent to inspect a funded entity’s records jointly developing and monitoring a remedial plan for breaches of the funding agreement agreeing to reporting or monitoring requirements for an identified risk
(sec.15-ssec.2) Nothing in this Act limits the way in which a chief executive or authorised officer may cooperate with a funded entity in dealing with a matter in relation to which a power under this Act could be exercised.
(sec.15-ssec.3) The exercise of a power under this Act can not be challenged merely because the chief executive or authorised officer did not comply with subsection (1) .
(a) to seek the cooperation of the funded entity; or
(b) to use a remedy available under a funding agreement.
• requesting consent to inspect a funded entity’s records
• jointly developing and monitoring a remedial plan for breaches of the funding agreement
• agreeing to reporting or monitoring requirements for an identified risk
pt.3
Managing serious concerns
Managing serious concerns
pt.3-div.1
Preliminary
Preliminary
sec.16
Meaning of serious concern
sec.16 Meaning of serious concern
A serious concern for funding received by a funded entity exists if any of the following happen or there is a serious risk that any of the following will happen—
the funding received by the funded entity is improperly used;
funding is used for a dishonest or fraudulent purpose
funding is used for a purpose other than providing a funded product or service
the funded entity significantly fails to deliver a funded product or service;
closing an emergency accommodation service delivered with funding where the service is required, under the funding agreement, to be continually open
an act done or omission made by the funded entity in providing a funded product or service results in harm to an individual;
an individual uses a funded service delivered by a funded entity and the individual suffers physical, psychological, emotional or financial harm as a result of neglect, abuse or exploitation by the funded entity
if the funded entity received the funding to deliver disability services to which the Disability Services Act 2006 applies—the funded entity contravenes a provision of the Disability Services Act 2006 .
s 16 sub 2014 No. 12 s 8
(a) the funding received by the funded entity is improperly used; Examples of improper use of funding— • funding is used for a dishonest or fraudulent purpose • funding is used for a purpose other than providing a funded product or service
• funding is used for a dishonest or fraudulent purpose
• funding is used for a purpose other than providing a funded product or service
(b) the funded entity significantly fails to deliver a funded product or service; Example of significantly failing to deliver a product or service— closing an emergency accommodation service delivered with funding where the service is required, under the funding agreement, to be continually open
(c) an act done or omission made by the funded entity in providing a funded product or service results in harm to an individual; Example— an individual uses a funded service delivered by a funded entity and the individual suffers physical, psychological, emotional or financial harm as a result of neglect, abuse or exploitation by the funded entity
(d) if the funded entity received the funding to deliver disability services to which the Disability Services Act 2006 applies—the funded entity contravenes a provision of the Disability Services Act 2006 .
• funding is used for a dishonest or fraudulent purpose
• funding is used for a purpose other than providing a funded product or service
sec.17
Report by authorised officer
sec.17 Report by authorised officer
Before deciding whether to take action under this part in relation to a funded entity, a chief executive may obtain a written report from an authorised officer appointed by the chief executive about whether a serious concern exists for funding received by the funded entity.
s 17 sub 2014 No. 12 s 8
pt.3-div.2
Compliance notice
Compliance notice
sec.18
Application of div 2
sec.18 Application of div 2
This division applies if a chief executive reasonably believes—
a serious concern exists for funding received by a funded entity; and
the serious concern is reasonably capable of being remedied; and
it is appropriate to give the funded entity an opportunity to remedy the serious concern.
This division also applies if a chief executive reasonably believes a funded entity failed to comply with a requirement notice given to the entity by the chief executive.
This division applies to a funded entity even if funding provided under a funding agreement has been suspended.
s 18 sub 2014 No. 12 s 8
(sec.18-ssec.1) This division applies if a chief executive reasonably believes— a serious concern exists for funding received by a funded entity; and the serious concern is reasonably capable of being remedied; and it is appropriate to give the funded entity an opportunity to remedy the serious concern.
(sec.18-ssec.2) This division also applies if a chief executive reasonably believes a funded entity failed to comply with a requirement notice given to the entity by the chief executive.
(sec.18-ssec.3) This division applies to a funded entity even if funding provided under a funding agreement has been suspended.
(a) a serious concern exists for funding received by a funded entity; and
(b) the serious concern is reasonably capable of being remedied; and
(c) it is appropriate to give the funded entity an opportunity to remedy the serious concern.
sec.19
Compliance notice
sec.19 Compliance notice
The chief executive may give the funded entity a notice (a compliance notice ) requiring the funded entity to remedy the serious concern or comply with the requirement notice.
The compliance notice must state the following—
that the chief executive reasonably believes—
a serious concern exists; or
the funded entity has failed to comply with a requirement notice;
the grounds for the chief executive’s belief;
an outline of the facts and circumstances forming the basis for the grounds;
that the funded entity must remedy the serious concern or noncompliance within a stated reasonable time;
that it is an offence to fail to comply with the compliance notice unless the funded entity has a reasonable excuse.
The compliance notice may also state—
the reasonable steps the chief executive is satisfied are necessary to remedy the serious concern or noncompliance; and
that the funded entity must report in writing to the chief executive after taking a step or steps.
The funded entity must comply with the compliance notice unless the funded entity has a reasonable excuse.
Maximum penalty—100 penalty units.
If the chief executive reasonably believes the funded entity has contravened subsection (4) , the chief executive may decide—
to suspend or stop the funding despite anything in a funding agreement about the funding; or
to terminate the funding agreement to the extent it is about the funding.
s 19 sub 2014 No. 12 s 8
(sec.19-ssec.1) The chief executive may give the funded entity a notice (a compliance notice ) requiring the funded entity to remedy the serious concern or comply with the requirement notice.
(sec.19-ssec.2) The compliance notice must state the following— that the chief executive reasonably believes— a serious concern exists; or the funded entity has failed to comply with a requirement notice; the grounds for the chief executive’s belief; an outline of the facts and circumstances forming the basis for the grounds; that the funded entity must remedy the serious concern or noncompliance within a stated reasonable time; that it is an offence to fail to comply with the compliance notice unless the funded entity has a reasonable excuse.
(sec.19-ssec.3) The compliance notice may also state— the reasonable steps the chief executive is satisfied are necessary to remedy the serious concern or noncompliance; and that the funded entity must report in writing to the chief executive after taking a step or steps.
(sec.19-ssec.4) The funded entity must comply with the compliance notice unless the funded entity has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.19-ssec.5) If the chief executive reasonably believes the funded entity has contravened subsection (4) , the chief executive may decide— to suspend or stop the funding despite anything in a funding agreement about the funding; or to terminate the funding agreement to the extent it is about the funding.
(a) that the chief executive reasonably believes— (i) a serious concern exists; or (ii) the funded entity has failed to comply with a requirement notice;
(i) a serious concern exists; or
(ii) the funded entity has failed to comply with a requirement notice;
(b) the grounds for the chief executive’s belief;
(c) an outline of the facts and circumstances forming the basis for the grounds;
(d) that the funded entity must remedy the serious concern or noncompliance within a stated reasonable time;
(e) that it is an offence to fail to comply with the compliance notice unless the funded entity has a reasonable excuse.
(i) a serious concern exists; or
(ii) the funded entity has failed to comply with a requirement notice;
(a) the reasonable steps the chief executive is satisfied are necessary to remedy the serious concern or noncompliance; and
(b) that the funded entity must report in writing to the chief executive after taking a step or steps.
(a) to suspend or stop the funding despite anything in a funding agreement about the funding; or
(b) to terminate the funding agreement to the extent it is about the funding.
pt.3-div.3
Interim manager
Interim manager
sec.20
Chief executive may appoint interim manager
sec.20 Chief executive may appoint interim manager
A chief executive may appoint a person as interim manager for the funding received by a funded entity.
Part 5 contains provisions that apply to the appointment of an interim manager under this section.
s 20 sub 2014 No. 12 s 8
sec.21
Basis of appointment
sec.21 Basis of appointment
The chief executive may make the appointment only if the chief executive is satisfied—
the appointment is reasonably necessary to remedy a serious concern for the funding; and
it is essential for a funded product or service of the funded entity to continue to be delivered; and
an administrator, liquidator or receiver has not been appointed for the funded entity.
In being satisfied under subsection (1) , the chief executive—
must have regard to the likely consequences for persons using the funded product or service if the funded product or service is not delivered or delivered when a serious concern exists; and
may have regard to the following—
the type of funded product or service;
the amount of the funding;
whether funding has been suspended or stopped;
whether the funded entity received the funding from the department or from another entity that received the funding from the department;
whether the funded entity is receiving money or other assistance, including funding, from another source;
the likely consequences of the appointment;
whether an administrator, liquidator or receiver is likely to be appointed for the funded entity before the interim manager is appointed;
any other relevant matter.
s 21 sub 2014 No. 12 s 8
(sec.21-ssec.1) The chief executive may make the appointment only if the chief executive is satisfied— the appointment is reasonably necessary to remedy a serious concern for the funding; and it is essential for a funded product or service of the funded entity to continue to be delivered; and an administrator, liquidator or receiver has not been appointed for the funded entity.
(sec.21-ssec.2) In being satisfied under subsection (1) , the chief executive— must have regard to the likely consequences for persons using the funded product or service if the funded product or service is not delivered or delivered when a serious concern exists; and may have regard to the following— the type of funded product or service; the amount of the funding; whether funding has been suspended or stopped; whether the funded entity received the funding from the department or from another entity that received the funding from the department; whether the funded entity is receiving money or other assistance, including funding, from another source; the likely consequences of the appointment; whether an administrator, liquidator or receiver is likely to be appointed for the funded entity before the interim manager is appointed; any other relevant matter.
(a) the appointment is reasonably necessary to remedy a serious concern for the funding; and
(b) it is essential for a funded product or service of the funded entity to continue to be delivered; and
(c) an administrator, liquidator or receiver has not been appointed for the funded entity.
(a) must have regard to the likely consequences for persons using the funded product or service if the funded product or service is not delivered or delivered when a serious concern exists; and
(b) may have regard to the following— (i) the type of funded product or service; (ii) the amount of the funding; (iii) whether funding has been suspended or stopped; (iv) whether the funded entity received the funding from the department or from another entity that received the funding from the department; (v) whether the funded entity is receiving money or other assistance, including funding, from another source; (vi) the likely consequences of the appointment; (vii) whether an administrator, liquidator or receiver is likely to be appointed for the funded entity before the interim manager is appointed; (viii) any other relevant matter.
(i) the type of funded product or service;
(ii) the amount of the funding;
(iii) whether funding has been suspended or stopped;
(iv) whether the funded entity received the funding from the department or from another entity that received the funding from the department;
(v) whether the funded entity is receiving money or other assistance, including funding, from another source;
(vi) the likely consequences of the appointment;
(vii) whether an administrator, liquidator or receiver is likely to be appointed for the funded entity before the interim manager is appointed;
(viii) any other relevant matter.
(i) the type of funded product or service;
(ii) the amount of the funding;
(iii) whether funding has been suspended or stopped;
(iv) whether the funded entity received the funding from the department or from another entity that received the funding from the department;
(v) whether the funded entity is receiving money or other assistance, including funding, from another source;
(vi) the likely consequences of the appointment;
(vii) whether an administrator, liquidator or receiver is likely to be appointed for the funded entity before the interim manager is appointed;
(viii) any other relevant matter.
pt.3-div.4
Recovery of funding
Recovery of funding
sec.22
Recovery of funding
sec.22 Recovery of funding
This section applies if a funded entity has received, and not spent, funds (the unspent funds ) and—
the provision of funding to the funded entity has been suspended or stopped; or
a funding agreement for the funds has ended.
This section also applies if a funded entity has used funds received by the funded entity for a purpose other than the purpose for which the funds were received (the improperly used funds ).
The unspent funds or improperly used funds are a debt owing by the funded entity to the State.
This chief executive may recover the unspent funds or improperly used funds as a debt.
If there is more than 1 funded entity for the funds, the funded entities are jointly and severally liable for the debt.
s 22 amd 2009 No. 17 s 331 sch 1
sub 2014 No. 12 s 8
(sec.22-ssec.1) This section applies if a funded entity has received, and not spent, funds (the unspent funds ) and— the provision of funding to the funded entity has been suspended or stopped; or a funding agreement for the funds has ended.
(sec.22-ssec.2) This section also applies if a funded entity has used funds received by the funded entity for a purpose other than the purpose for which the funds were received (the improperly used funds ).
(sec.22-ssec.3) The unspent funds or improperly used funds are a debt owing by the funded entity to the State.
(sec.22-ssec.4) This chief executive may recover the unspent funds or improperly used funds as a debt.
(sec.22-ssec.5) If there is more than 1 funded entity for the funds, the funded entities are jointly and severally liable for the debt.
(a) the provision of funding to the funded entity has been suspended or stopped; or
(b) a funding agreement for the funds has ended.
pt.4
Monitoring and enforcement
Monitoring and enforcement
pt.4-div.1
Preliminary
Preliminary
sec.23
Purpose of pt 4
sec.23 Purpose of pt 4
This part includes provisions for the appointment of authorised officers, and gives authorised officers particular powers.
The purpose of these provisions is to ensure a chief executive has available suitably qualified persons who can help the chief executive—
deal with issues about compliance under this Act; and
ensure the proper and efficient delivery of funded products and services.
s 23 prev s 23 om 2014 No. 12 s 8
pres s 23 sub 2014 No. 12 s 9
(sec.23-ssec.1) This part includes provisions for the appointment of authorised officers, and gives authorised officers particular powers.
(sec.23-ssec.2) The purpose of these provisions is to ensure a chief executive has available suitably qualified persons who can help the chief executive— deal with issues about compliance under this Act; and ensure the proper and efficient delivery of funded products and services.
(a) deal with issues about compliance under this Act; and
(b) ensure the proper and efficient delivery of funded products and services.
sec.24
Functions of authorised officers
sec.24 Functions of authorised officers
An authorised officer has the following functions—
investigating, monitoring and ensuring compliance with this Act;
investigating or monitoring whether an occasion has arisen for the exercise of powers under this Act;
facilitating the exercise of powers under this Act;
another function conferred on an authorised officer under this Act or another Act.
s 24 prev s 24 om 2014 No. 12 s 8
pres s 24 sub 2014 No. 12 s 9
(a) investigating, monitoring and ensuring compliance with this Act;
(b) investigating or monitoring whether an occasion has arisen for the exercise of powers under this Act;
(c) facilitating the exercise of powers under this Act;
(d) another function conferred on an authorised officer under this Act or another Act.
pt.4-div.2
Authorised officers
Authorised officers
sec.25
Appointment
sec.25 Appointment
A chief executive of a department (an appointing chief executive ) may appoint any of the following persons as authorised officers—
a public service employee or another employee of the department;
for the purpose of investigating a particular matter—another person.
However, an appointing chief executive may appoint a person as an authorised officer only if—
the chief executive is satisfied the person is appropriately qualified for appointment; and
the person has the competencies, if any, prescribed under a regulation as relevant to the person’s appointment.
A person may be appointed generally or for stated provisions of this Act or another Act.
s 25 prev s 25 om 2014 No. 12 s 8
pres s 25 sub 2014 No. 12 s 10
(sec.25-ssec.1) A chief executive of a department (an appointing chief executive ) may appoint any of the following persons as authorised officers— a public service employee or another employee of the department; for the purpose of investigating a particular matter—another person.
(sec.25-ssec.2) However, an appointing chief executive may appoint a person as an authorised officer only if— the chief executive is satisfied the person is appropriately qualified for appointment; and the person has the competencies, if any, prescribed under a regulation as relevant to the person’s appointment.
(sec.25-ssec.3) A person may be appointed generally or for stated provisions of this Act or another Act.
(a) a public service employee or another employee of the department;
(b) for the purpose of investigating a particular matter—another person.
(a) the chief executive is satisfied the person is appropriately qualified for appointment; and
(b) the person has the competencies, if any, prescribed under a regulation as relevant to the person’s appointment.
sec.26
Authorised officer subject to direction
sec.26 Authorised officer subject to direction
In exercising a power given under this Act, an authorised officer is subject to the directions of the officer’s appointing chief executive.
s 26 prev s 26 om 2014 No. 12 s 8
pres s 26 sub 2014 No. 12 s 10
sec.27
Appointment conditions and limit on powers
sec.27 Appointment conditions and limit on powers
An authorised officer holds office on the conditions stated in—
the authorised officer’s instrument of appointment; or
a signed notice given to the authorised officer; or
a regulation.
The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers under this Act.
In this section—
signed notice means a notice signed by the authorised officer’s appointing chief executive.
s 27 prev s 27 om 2014 No. 12 s 10
pres s 27 amd 2014 No. 12 s 77 sch 1
(sec.27-ssec.1) An authorised officer holds office on the conditions stated in— the authorised officer’s instrument of appointment; or a signed notice given to the authorised officer; or a regulation.
(sec.27-ssec.2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers under this Act.
(sec.27-ssec.3) In this section— signed notice means a notice signed by the authorised officer’s appointing chief executive.
(a) the authorised officer’s instrument of appointment; or
(b) a signed notice given to the authorised officer; or
(c) a regulation.
sec.28
Issue of identity card
sec.28 Issue of identity card
An appointing chief executive must issue an identity card to each person the chief executive appoints as an authorised officer.
The identity card must—
contain a recent photo of the authorised officer; and
contain a copy of the authorised officer’s signature; and
identify the person as an authorised officer under this Act; and
state an expiry date for the card.
This section does not prevent the issue of a single identity card to a person for this Act and other purposes.
s 28 prev s 28 om 2014 No. 12 s 8
pres s 28 amd 2014 No. 12 s 11
(sec.28-ssec.1) An appointing chief executive must issue an identity card to each person the chief executive appoints as an authorised officer.
(sec.28-ssec.2) The identity card must— contain a recent photo of the authorised officer; and contain a copy of the authorised officer’s signature; and identify the person as an authorised officer under this Act; and state an expiry date for the card.
(sec.28-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.
(a) contain a recent photo of the authorised officer; and
(b) contain a copy of the authorised officer’s signature; and
(c) identify the person as an authorised officer under this Act; and
(d) state an expiry date for the card.
sec.29
Production or display of identity card
sec.29 Production or display of identity card
In exercising a power under this Act in relation to another person, an authorised officer must—
produce the authorised officer’s identity card for the other person’s inspection before exercising the power; or
have the identity card displayed so it is clearly visible to the other person when exercising the power.
However, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.
For subsection (1) , an authorised officer does not exercise a power in relation to another person only because the authorised officer has entered a place as mentioned in section 33 (1) (b) or (2) .
s 29 prev s 29 om 2014 No. 12 s 8
(sec.29-ssec.1) In exercising a power under this Act in relation to another person, an authorised officer must— produce the authorised officer’s identity card for the other person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the other person when exercising the power.
(sec.29-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.
(sec.29-ssec.3) For subsection (1) , an authorised officer does not exercise a power in relation to another person only because the authorised officer has entered a place as mentioned in section 33 (1) (b) or (2) .
(a) produce the authorised officer’s identity card for the other person’s inspection before exercising the power; or
(b) have the identity card displayed so it is clearly visible to the other person when exercising the power.
sec.30
When authorised officer ceases to hold office
sec.30 When authorised officer ceases to hold office
An authorised officer ceases to hold office if any of the following happens—
the term of office stated in a condition of office ends;
under another condition of office, the authorised officer ceases to hold office;
the authorised officer’s resignation under section 31 takes effect.
Subsection (1) does not limit the ways an authorised officer may cease to hold office.
In this section—
condition of office means a condition on which the authorised officer holds office.
s 30 prev s 30 om 2014 No. 12 s 8
(sec.30-ssec.1) An authorised officer ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the authorised officer ceases to hold office; the authorised officer’s resignation under section 31 takes effect.
(sec.30-ssec.2) Subsection (1) does not limit the ways an authorised officer may cease to hold office.
(sec.30-ssec.3) In this section— condition of office means a condition on which the authorised officer holds office.
(a) the term of office stated in a condition of office ends;
(b) under another condition of office, the authorised officer ceases to hold office;
(c) the authorised officer’s resignation under section 31 takes effect.
sec.31
Resignation
sec.31 Resignation
An authorised officer may resign by signed notice given to the officer’s appointing chief executive.
s 31 prev s 31 om 2014 No. 12 s 8
pres s 31 amd 2014 No. 12 s 77 sch 1
sec.32
Return of identity card
sec.32 Return of identity card
A person who ceases to be an authorised officer must return the person’s identity card to the person’s appointing chief executive within 21 days after ceasing to be an authorised officer unless the person has a reasonable excuse.
Maximum penalty—10 penalty units.
s 32 prev s 32 amd 2013 No. 51 s 20B
om 2014 No. 12 s 8
pres s 32 amd 2014 No. 12 s 77 sch 1
pt.4-div.3
Powers of authorised officers
Powers of authorised officers
sec.33
Power to enter places
sec.33 Power to enter places
An authorised officer may enter a place if—
an occupier of the place consents to the entry; or
it is a public place and the entry is made when it is open to the public; or
it is not a home and the entry is made when the place is open for carrying on business or otherwise open for entry; or
the entry is authorised by a warrant.
For the purpose of asking an occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant—
enter land around premises at the place to an extent that is reasonable to contact the occupier; or
enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.
s 33 prev s 33 om 2014 No. 12 s 8
(sec.33-ssec.1) An authorised officer may enter a place if— an occupier of the place consents to the entry; or it is a public place and the entry is made when it is open to the public; or it is not a home and the entry is made when the place is open for carrying on business or otherwise open for entry; or the entry is authorised by a warrant.
(sec.33-ssec.2) For the purpose of asking an occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.
(a) an occupier of the place consents to the entry; or
(b) it is a public place and the entry is made when it is open to the public; or
(c) it is not a home and the entry is made when the place is open for carrying on business or otherwise open for entry; or
(d) the entry is authorised by a warrant.
(a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or
(b) enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.
sec.34
Entry with consent
sec.34 Entry with consent
This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place under section 33 (1) (a) .
Before asking for the consent, the authorised officer must tell the occupier—
the purpose of the entry; and
that the occupier is not required to consent.
If the consent is given, the authorised officer may ask the occupier to sign an acknowledgment of the consent.
The acknowledgment must state—
that the occupier has been told—
the purpose of the entry; and
that the occupier is not required to consent; and
the purpose of the entry; and
that the occupier gives the authorised officer consent to enter the place and exercise the powers under this part; and
the time and date the consent was given.
If the occupier signs the acknowledgment, the authorised officer must immediately give a copy to the occupier.
If—
an issue arises in a proceeding about whether the occupier consented to the entry; and
an acknowledgment complying with subsection (4) for the entry is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.
s 34 prev s 34 om 2014 No. 12 s 8
(sec.34-ssec.1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place under section 33 (1) (a) .
(sec.34-ssec.2) Before asking for the consent, the authorised officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.
(sec.34-ssec.3) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgment of the consent.
(sec.34-ssec.4) The acknowledgment must state— that the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and that the occupier gives the authorised officer consent to enter the place and exercise the powers under this part; and the time and date the consent was given.
(sec.34-ssec.5) If the occupier signs the acknowledgment, the authorised officer must immediately give a copy to the occupier.
(sec.34-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgment complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.
(a) the purpose of the entry; and
(b) that the occupier is not required to consent.
(a) that the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and
(i) the purpose of the entry; and
(ii) that the occupier is not required to consent; and
(b) the purpose of the entry; and
(c) that the occupier gives the authorised officer consent to enter the place and exercise the powers under this part; and
(d) the time and date the consent was given.
(i) the purpose of the entry; and
(ii) that the occupier is not required to consent; and
(a) an issue arises in a proceeding about whether the occupier consented to the entry; and
(b) an acknowledgment complying with subsection (4) for the entry is not produced in evidence;
sec.35
Application for warrant
sec.35 Application for warrant
An authorised officer may apply to a magistrate for a warrant for a place.
The authorised officer must prepare a written application that states the grounds on which the warrant is sought.
The written application must be sworn.
The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
The magistrate may require additional information supporting the application to be given by statutory declaration.
s 35 prev s 35 om 2014 No. 12 s 8
(sec.35-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.
(sec.35-ssec.2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought.
(sec.35-ssec.3) The written application must be sworn.
(sec.35-ssec.4) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.
sec.36
Issue of warrant
sec.36 Issue of warrant
The magistrate may issue a warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that it is necessary to enter the place—
to protect a person receiving a funded product or service from a funded entity at the place from risk of harm because of abuse, neglect or exploitation; or
to check whether a funded entity has taken the steps required to comply with a compliance notice; or
for a funded entity that has received funding to deliver disability services to which the Disability Services Act 2006 applies—to check whether the funded entity has complied with a provision of that Act.
However, the magistrate may issue a warrant under subsection (1) (b) or (c) only if the magistrate is satisfied noncompliance may severely affect the delivery of a funded product or service.
The warrant must state—
the place to which the warrant applies; and
that a stated authorised officer may, with necessary and reasonable help and force—
enter the place and any other place necessary for the entry; and
exercise the officer’s powers under this part; and
particulars of the reason it is necessary to enter the place that the magistrate considers appropriate in the circumstances; and
the hours of the day or night when the place may be entered; and
the magistrate’s name; and
the date and time of the warrant’s issue; and
the date, within 14 days after the warrant’s issue, the warrant ends.
s 36 prev s 36 om 2014 No. 12 s 8
pres s 36 amd 2014 No. 12 s 12
(sec.36-ssec.1) The magistrate may issue a warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that it is necessary to enter the place— to protect a person receiving a funded product or service from a funded entity at the place from risk of harm because of abuse, neglect or exploitation; or to check whether a funded entity has taken the steps required to comply with a compliance notice; or for a funded entity that has received funding to deliver disability services to which the Disability Services Act 2006 applies—to check whether the funded entity has complied with a provision of that Act.
(sec.36-ssec.2) However, the magistrate may issue a warrant under subsection (1) (b) or (c) only if the magistrate is satisfied noncompliance may severely affect the delivery of a funded product or service.
(sec.36-ssec.3) The warrant must state— the place to which the warrant applies; and that a stated authorised officer may, with necessary and reasonable help and force— enter the place and any other place necessary for the entry; and exercise the officer’s powers under this part; and particulars of the reason it is necessary to enter the place that the magistrate considers appropriate in the circumstances; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the date and time of the warrant’s issue; and the date, within 14 days after the warrant’s issue, the warrant ends.
(a) to protect a person receiving a funded product or service from a funded entity at the place from risk of harm because of abuse, neglect or exploitation; or
(b) to check whether a funded entity has taken the steps required to comply with a compliance notice; or
(c) for a funded entity that has received funding to deliver disability services to which the Disability Services Act 2006 applies—to check whether the funded entity has complied with a provision of that Act.
(a) the place to which the warrant applies; and
(b) that a stated authorised officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for the entry; and (ii) exercise the officer’s powers under this part; and
(i) enter the place and any other place necessary for the entry; and
(ii) exercise the officer’s powers under this part; and
(c) particulars of the reason it is necessary to enter the place that the magistrate considers appropriate in the circumstances; and
(d) the hours of the day or night when the place may be entered; and
(e) the magistrate’s name; and
(f) the date and time of the warrant’s issue; and
(g) the date, within 14 days after the warrant’s issue, the warrant ends.
(i) enter the place and any other place necessary for the entry; and
(ii) exercise the officer’s powers under this part; and
sec.37
Application by electronic communication and duplicate warrant
sec.37 Application by electronic communication and duplicate warrant
An application under section 35 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of—
urgent circumstances; or
other special circumstances, including, for example, the authorised officer’s remote location.
The application—
may not be made before the authorised officer prepares the written application under section 35 (2) ; but
may be made before the written application is sworn.
The magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—
it was necessary to make the application under subsection (1) ; and
the way the application was made under subsection (1) was appropriate.
After the magistrate issues the original warrant—
if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or
otherwise—
the magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and
the authorised officer must complete a form of warrant, including by writing on it—
the magistrate’s name; and
the date and time the magistrate issued the warrant; and
the other terms of the warrant.
The copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.
The authorised officer must, at the first reasonable opportunity, send to the magistrate—
the written application complying with section 35 (2) and (3) ; and
if the authorised officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.
The magistrate must keep the original warrant and, on receiving the documents under subsection (6) —
attach the documents to the original warrant; and
give the original warrant and documents to the clerk of the court of the relevant magistrates court.
Despite subsection (5) , if—
an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and
the original warrant is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.
This section does not limit section 35 .
In this section—
relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .
s 37 prev s 37 om 2014 No. 12 s 8
(sec.37-ssec.1) An application under section 35 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location.
(sec.37-ssec.2) The application— may not be made before the authorised officer prepares the written application under section 35 (2) ; but may be made before the written application is sworn.
(sec.37-ssec.3) The magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under subsection (1) ; and the way the application was made under subsection (1) was appropriate.
(sec.37-ssec.4) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or otherwise— the magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and the authorised officer must complete a form of warrant, including by writing on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the other terms of the warrant.
(sec.37-ssec.5) The copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.
(sec.37-ssec.6) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 35 (2) and (3) ; and if the authorised officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.
(sec.37-ssec.7) The magistrate must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.
(sec.37-ssec.8) Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.
(sec.37-ssec.9) This section does not limit section 35 .
(sec.37-ssec.10) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .
(a) urgent circumstances; or
(b) other special circumstances, including, for example, the authorised officer’s remote location.
(a) may not be made before the authorised officer prepares the written application under section 35 (2) ; but
(b) may be made before the written application is sworn.
(a) it was necessary to make the application under subsection (1) ; and
(b) the way the application was made under subsection (1) was appropriate.
(a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or
(b) otherwise— (i) the magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and (ii) the authorised officer must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.
(i) the magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and
(ii) the authorised officer must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.
(A) the magistrate’s name; and
(B) the date and time the magistrate issued the warrant; and
(C) the other terms of the warrant.
(i) the magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and
(ii) the authorised officer must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.
(A) the magistrate’s name; and
(B) the date and time the magistrate issued the warrant; and
(C) the other terms of the warrant.
(A) the magistrate’s name; and
(B) the date and time the magistrate issued the warrant; and
(C) the other terms of the warrant.
(a) the written application complying with section 35 (2) and (3) ; and
(b) if the authorised officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.
(a) attach the documents to the original warrant; and
(b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.
(a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and
(b) the original warrant is not produced in evidence;
sec.38
Defect in relation to a warrant
sec.38 Defect in relation to a warrant
A warrant is not invalidated by a defect in the warrant, or in compliance with section 35 , 36 or 37 , unless the defect affects the substance of the warrant in a material particular.
In this section—
warrant includes a duplicate warrant mentioned in section 37 (5) .
s 38 prev s 38 om 2014 No. 12 s 8
(sec.38-ssec.1) A warrant is not invalidated by a defect in the warrant, or in compliance with section 35 , 36 or 37 , unless the defect affects the substance of the warrant in a material particular.
(sec.38-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 37 (5) .
sec.39
Warrants—procedure before entry
sec.39 Warrants—procedure before entry
This section applies if an authorised officer named in a warrant issued under this part for a place is intending to enter the place under the warrant.
Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things—
identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised officer’s identity card or other document evidencing the appointment;
give the person a copy of the warrant;
tell the person the authorised officer is permitted by the warrant to enter the place;
give the person an opportunity to allow the authorised officer immediate entry to the place without using force.
However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.
In this section—
warrant includes a duplicate warrant mentioned in section 37 (5) .
(sec.39-ssec.1) This section applies if an authorised officer named in a warrant issued under this part for a place is intending to enter the place under the warrant.
(sec.39-ssec.2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised officer’s identity card or other document evidencing the appointment; give the person a copy of the warrant; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force.
(sec.39-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.
(sec.39-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 37 (5) .
(a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised officer’s identity card or other document evidencing the appointment;
(b) give the person a copy of the warrant;
(c) tell the person the authorised officer is permitted by the warrant to enter the place;
(d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force.
sec.40
General powers after entering a place
sec.40 General powers after entering a place
This section applies to an authorised officer who enters a place.
However, if an authorised officer enters a place to get an occupier’s consent to enter the place, this section applies to the officer only if the consent is given or the entry is otherwise authorised.
The authorised officer may do any of the following—
search any part of the place;
inspect, measure, test, photograph or film any part of the place or anything at the place;
take a thing, or a sample of or from a thing, at the place for analysis or testing;
copy a document at the place or take the document to another place to copy it;
take into or onto the place any person, equipment and materials the officer reasonably requires for the exercise of a power under this part;
confer alone with a person at the place;
require a person at the place to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (f) , including, for example, to give information;
require a person at the place to answer questions by the authorised officer to help the authorised officer ascertain whether this Act is being or has been complied with.
When making a requirement mentioned in subsection (3) (g) or (h) , the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
If an authorised officer takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.
s 40 amd 2014 No. 12 s 13
(sec.40-ssec.1) This section applies to an authorised officer who enters a place.
(sec.40-ssec.2) However, if an authorised officer enters a place to get an occupier’s consent to enter the place, this section applies to the officer only if the consent is given or the entry is otherwise authorised.
(sec.40-ssec.3) The authorised officer may do any of the following— search any part of the place; inspect, measure, test, photograph or film any part of the place or anything at the place; take a thing, or a sample of or from a thing, at the place for analysis or testing; copy a document at the place or take the document to another place to copy it; take into or onto the place any person, equipment and materials the officer reasonably requires for the exercise of a power under this part; confer alone with a person at the place; require a person at the place to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (f) , including, for example, to give information; require a person at the place to answer questions by the authorised officer to help the authorised officer ascertain whether this Act is being or has been complied with.
(sec.40-ssec.4) When making a requirement mentioned in subsection (3) (g) or (h) , the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
(sec.40-ssec.5) If an authorised officer takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.
(a) search any part of the place;
(b) inspect, measure, test, photograph or film any part of the place or anything at the place;
(c) take a thing, or a sample of or from a thing, at the place for analysis or testing;
(d) copy a document at the place or take the document to another place to copy it;
(e) take into or onto the place any person, equipment and materials the officer reasonably requires for the exercise of a power under this part;
(f) confer alone with a person at the place;
(g) require a person at the place to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (f) , including, for example, to give information;
(h) require a person at the place to answer questions by the authorised officer to help the authorised officer ascertain whether this Act is being or has been complied with.
sec.41
Failure to help authorised officer
sec.41 Failure to help authorised officer
A person required to give reasonable help under section 40 (3) (g) must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.
(sec.41-ssec.1) A person required to give reasonable help under section 40 (3) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.
(sec.41-ssec.2) It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.
sec.42
Failure to answer questions
sec.42 Failure to answer questions
A person of whom a requirement is made under section 40 (3) (h) must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.
(sec.42-ssec.1) A person of whom a requirement is made under section 40 (3) (h) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.
(sec.42-ssec.2) It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.
pt.4-div.4
Power to require information
Power to require information
sec.43
Power to require information
sec.43 Power to require information
This section applies if a chief executive or an authorised officer reasonably believes—
an offence against this Act has been committed or a serious concern exists; and
an entity may be able to give information about the offence or serious concern.
The chief executive or authorised officer may, by notice given to the entity, require the entity to give the chief executive or authorised officer information related to the offence or serious concern within a stated reasonable time and in a stated way.
A requirement under subsection (2) is an information requirement .
For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.
The chief executive or authorised officer may keep information that is a document to copy it.
If the chief executive or authorised officer copies the document, or an entry in the document, the chief executive or authorised officer may require the entity who has possession or control of the document to certify the copy as a true copy of the document or entry.
A requirement under subsection (6) is a certification requirement .
The chief executive or authorised officer must return the document to the entity as soon as practicable after copying it.
When making an information requirement or certification requirement, the chief executive or authorised officer must warn the entity it is an offence not to comply with the requirement, unless the entity has a reasonable excuse.
s 43 prev s 43 om 2014 No. 12 s 10
pres s 43 sub 2014 No. 12 s 14
(sec.43-ssec.1) This section applies if a chief executive or an authorised officer reasonably believes— an offence against this Act has been committed or a serious concern exists; and an entity may be able to give information about the offence or serious concern.
(sec.43-ssec.2) The chief executive or authorised officer may, by notice given to the entity, require the entity to give the chief executive or authorised officer information related to the offence or serious concern within a stated reasonable time and in a stated way.
(sec.43-ssec.3) A requirement under subsection (2) is an information requirement .
(sec.43-ssec.4) For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.
(sec.43-ssec.5) The chief executive or authorised officer may keep information that is a document to copy it.
(sec.43-ssec.6) If the chief executive or authorised officer copies the document, or an entry in the document, the chief executive or authorised officer may require the entity who has possession or control of the document to certify the copy as a true copy of the document or entry.
(sec.43-ssec.7) A requirement under subsection (6) is a certification requirement .
(sec.43-ssec.8) The chief executive or authorised officer must return the document to the entity as soon as practicable after copying it.
(sec.43-ssec.9) When making an information requirement or certification requirement, the chief executive or authorised officer must warn the entity it is an offence not to comply with the requirement, unless the entity has a reasonable excuse.
(a) an offence against this Act has been committed or a serious concern exists; and
(b) an entity may be able to give information about the offence or serious concern.
sec.44
Offence to contravene information requirement or certification requirement
sec.44 Offence to contravene information requirement or certification requirement
An entity of whom an information requirement or certification requirement is made must comply with the requirement unless the entity has a reasonable excuse.
Maximum penalty—50 penalty units.
It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.
If a court convicts a person of an offence against subsection (1) , the court may also order the person to give to a stated chief executive or authorised officer, within a stated time and in a stated way, the information to which the information requirement related.
s 44 sub 2014 No. 12 s 14
(sec.44-ssec.1) An entity of whom an information requirement or certification requirement is made must comply with the requirement unless the entity has a reasonable excuse. Maximum penalty—50 penalty units.
(sec.44-ssec.2) It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.
(sec.44-ssec.3) If a court convicts a person of an offence against subsection (1) , the court may also order the person to give to a stated chief executive or authorised officer, within a stated time and in a stated way, the information to which the information requirement related.
pt.4-div.5
Other matters
Other matters
sec.45
Duty to avoid inconvenience and minimise damage
sec.45 Duty to avoid inconvenience and minimise damage
In exercising a power, an authorised officer must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.
s 45 ins 2014 No. 12 s 15
sec.46
Notice of damage
sec.46 Notice of damage
This section applies if—
an authorised officer damages property when exercising or purporting to exercise a power; or
a person (the other person ) acting under the direction or authority of an authorised officer damages property.
The authorised officer must immediately give notice of particulars of the damage to a person who appears to the authorised officer to be an owner of the property.
If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s or other person’s control, the authorised officer may state the belief in the notice.
If, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.
This section does not apply to damage the authorised officer reasonably believes is trivial.
In this section—
owner , of property, includes a person in possession or control of it.
(sec.46-ssec.1) This section applies if— an authorised officer damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction or authority of an authorised officer damages property.
(sec.46-ssec.2) The authorised officer must immediately give notice of particulars of the damage to a person who appears to the authorised officer to be an owner of the property.
(sec.46-ssec.3) If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s or other person’s control, the authorised officer may state the belief in the notice.
(sec.46-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.
(sec.46-ssec.5) This section does not apply to damage the authorised officer reasonably believes is trivial.
(sec.46-ssec.6) In this section— owner , of property, includes a person in possession or control of it.
(a) an authorised officer damages property when exercising or purporting to exercise a power; or
(b) a person (the other person ) acting under the direction or authority of an authorised officer damages property.
sec.47
Compensation
sec.47 Compensation
If a person incurs loss or expense because of the exercise or purported exercise of a power under division 3 , subdivision 1 or 3 , the person may claim compensation from the State.
Without limiting subsection (1) , compensation may also be claimed for loss or expense incurred in complying with a requirement made of the person under this part.
Compensation may be claimed and ordered to be paid in a proceeding—
brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or
for an offence against this Act brought against the person claiming compensation.
A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.
s 47 amd 2014 No. 12 s 16
(sec.47-ssec.1) If a person incurs loss or expense because of the exercise or purported exercise of a power under division 3 , subdivision 1 or 3 , the person may claim compensation from the State.
(sec.47-ssec.2) Without limiting subsection (1) , compensation may also be claimed for loss or expense incurred in complying with a requirement made of the person under this part.
(sec.47-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.
(sec.47-ssec.4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.
(a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or
(b) for an offence against this Act brought against the person claiming compensation.
sec.48
False or misleading statements
sec.48 False or misleading statements
A person must not state anything to a chief executive or an authorised officer that the person knows is false or misleading in a material particular.
Maximum penalty—40 penalty units.
s 48 amd 2014 No. 12 s 77 sch 1
sec.49
False or misleading documents
sec.49 False or misleading documents
A person must not give a chief executive or an authorised officer a document containing information that the person knows is false or misleading in a material particular.
Maximum penalty—40 penalty units.
Subsection (1) does not apply to a person if the person, when giving the document—
tells a chief executive or authorised officer, 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.
s 49 amd 2014 No. 12 s 77 sch 1
(sec.49-ssec.1) A person must not give a chief executive or an authorised officer a document containing information that the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units.
(sec.49-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells a chief executive or authorised officer, 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.
(a) tells a chief executive or authorised officer, to the best of the person’s ability, how it is false or misleading; and
(b) if the person has, or can reasonably obtain, the correct information—gives the correct information.
sec.50
Obstructing an authorised officer
sec.50 Obstructing an authorised officer
A person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
If a person has obstructed an authorised officer and the officer decides to proceed with the exercise of the power, the officer must warn the person that—
it is an offence to obstruct the officer, unless the person has a reasonable excuse; and
the officer considers the person’s conduct an obstruction.
(sec.50-ssec.1) A person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.
(sec.50-ssec.2) If a person has obstructed an authorised officer and the officer decides to proceed with the exercise of the power, the officer must warn the person that— it is an offence to obstruct the officer, unless the person has a reasonable excuse; and the officer considers the person’s conduct an obstruction.
(a) it is an offence to obstruct the officer, unless the person has a reasonable excuse; and
(b) the officer considers the person’s conduct an obstruction.
sec.51
Impersonation of an authorised officer
sec.51 Impersonation of an authorised officer
A person must not pretend to be an authorised officer.
Maximum penalty—40 penalty units.
pt.5
Interim manager
Interim manager
pt.5-div.1
Preliminary
Preliminary
sec.52
Application of pt 5
sec.52 Application of pt 5
This part applies to the appointment, by a chief executive under part 3 , division 3 , of an interim manager for the funding received by a funded entity.
s 52 sub 2014 No. 12 s 17
pt.5-div.2
Appointment
Appointment
sec.53
Suitability of proposed appointee
sec.53 Suitability of proposed appointee
The chief executive may make the appointment only if the chief executive is satisfied the proposed appointee is suitable for the appointment under this section.
In deciding whether a person is suitable for the appointment, the chief executive must have regard to the following matters—
the type of funded product or service;
the reason for the appointment;
the person’s expertise or experience relevant to the appointment;
any conflict of interest that may arise in the course of the person acting as interim manager;
any other relevant matter of which the chief executive is aware.
A person who has agreed to a proposed appointment must advise the chief executive, before the appointment is made, whether the person is aware of a conflict of interest that may arise in the course of the person acting as interim manager.
Maximum penalty—40 penalty units.
Only an adult may be appointed as interim manager.
s 53 amd 2014 No. 12 s 19
(sec.53-ssec.1) The chief executive may make the appointment only if the chief executive is satisfied the proposed appointee is suitable for the appointment under this section.
(sec.53-ssec.2) In deciding whether a person is suitable for the appointment, the chief executive must have regard to the following matters— the type of funded product or service; the reason for the appointment; the person’s expertise or experience relevant to the appointment; any conflict of interest that may arise in the course of the person acting as interim manager; any other relevant matter of which the chief executive is aware.
(sec.53-ssec.3) A person who has agreed to a proposed appointment must advise the chief executive, before the appointment is made, whether the person is aware of a conflict of interest that may arise in the course of the person acting as interim manager. Maximum penalty—40 penalty units.
(sec.53-ssec.4) Only an adult may be appointed as interim manager.
(a) the type of funded product or service;
(b) the reason for the appointment;
(c) the person’s expertise or experience relevant to the appointment;
(d) any conflict of interest that may arise in the course of the person acting as interim manager;
(e) any other relevant matter of which the chief executive is aware.
sec.54
Terms of appointment
sec.54 Terms of appointment
An appointment of a person as interim manager of a funded entity must state the following matters—
the person’s name;
details of the funded entity;
the funded product or service to be delivered;
the way in which, or the extent to which the funded product or service is to be delivered;
details of the person’s function as interim manager;
any limitations on the person’s powers as interim manager;
the period of the appointment;
any conditions of the appointment;
anything else the chief executive considers appropriate.
s 54 amd 2014 No. 12 s 20
(a) the person’s name;
(b) details of the funded entity;
(c) the funded product or service to be delivered;
(d) the way in which, or the extent to which the funded product or service is to be delivered;
(e) details of the person’s function as interim manager;
(f) any limitations on the person’s powers as interim manager;
(g) the period of the appointment;
(h) any conditions of the appointment;
(i) anything else the chief executive considers appropriate.
sec.55
Notice to funded entity about appointment
sec.55 Notice to funded entity about appointment
Immediately after appointing a person as interim manager for the funding received by a funded entity, the chief executive must give notice of the appointment to the funded entity.
The chief executive must also give notice of the appointment to any other funded entity, if any, for the funding.
The notice must be accompanied by a copy of the appointment.
s 55 sub 2014 No. 12 s 21
(sec.55-ssec.1) Immediately after appointing a person as interim manager for the funding received by a funded entity, the chief executive must give notice of the appointment to the funded entity.
(sec.55-ssec.2) The chief executive must also give notice of the appointment to any other funded entity, if any, for the funding.
(sec.55-ssec.3) The notice must be accompanied by a copy of the appointment.
sec.56
Informing particular persons about appointment
sec.56 Informing particular persons about appointment
The chief executive may direct the interim manager to inform persons using a funded product or service of the funded entity about the appointment before the interim manager exercises a power under this part, for example, by—
giving them notice of the appointment; or
posting notice of the appointment at the premises of the funded entity where they are likely to see it.
In this section—
appointment includes a variation of the appointment.
s 56 sub 2014 No. 12 s 22
(sec.56-ssec.1) The chief executive may direct the interim manager to inform persons using a funded product or service of the funded entity about the appointment before the interim manager exercises a power under this part, for example, by— giving them notice of the appointment; or posting notice of the appointment at the premises of the funded entity where they are likely to see it.
(sec.56-ssec.2) In this section— appointment includes a variation of the appointment.
(a) giving them notice of the appointment; or
(b) posting notice of the appointment at the premises of the funded entity where they are likely to see it.
sec.57
Initial period of appointment
sec.57 Initial period of appointment
An interim manager may be appointed for a period of not more than 3 months.
sec.58
Variation of appointment
sec.58 Variation of appointment
After an interim manager starts to carry out the manager’s function, the chief executive may, by notice—
extend the period of the appointment; or
vary the appointment in another way.
However, the chief executive must not vary the appointment to apply to other funding received by the funded entity.
The chief executive may extend the period of the appointment if the chief executive is satisfied the extension is reasonably necessary in all the circumstances.
The period of the appointment may be extended more than once.
However—
the period of an extension must not be more than 3 months; and
the total period of the initial appointment and any extension or extensions must not be more than 6 months.
The chief executive may vary the appointment in a way other than by extending the period of the appointment if the chief executive is satisfied the variation is appropriate, having regard to—
the matters stated in section 21 ; and
the operation of the funded entity since the appointment started.
If the appointment is varied under this section, the chief executive must ensure notice of the variation is given to the funded entity.
s 58 amd 2014 No. 12 s 23
(sec.58-ssec.1) After an interim manager starts to carry out the manager’s function, the chief executive may, by notice— extend the period of the appointment; or vary the appointment in another way.
(sec.58-ssec.2) However, the chief executive must not vary the appointment to apply to other funding received by the funded entity.
(sec.58-ssec.3) The chief executive may extend the period of the appointment if the chief executive is satisfied the extension is reasonably necessary in all the circumstances.
(sec.58-ssec.4) The period of the appointment may be extended more than once.
(sec.58-ssec.5) However— the period of an extension must not be more than 3 months; and the total period of the initial appointment and any extension or extensions must not be more than 6 months.
(sec.58-ssec.6) The chief executive may vary the appointment in a way other than by extending the period of the appointment if the chief executive is satisfied the variation is appropriate, having regard to— the matters stated in section 21 ; and the operation of the funded entity since the appointment started.
(sec.58-ssec.7) If the appointment is varied under this section, the chief executive must ensure notice of the variation is given to the funded entity.
(a) extend the period of the appointment; or
(b) vary the appointment in another way.
(a) the period of an extension must not be more than 3 months; and
(b) the total period of the initial appointment and any extension or extensions must not be more than 6 months.
(a) the matters stated in section 21 ; and
(b) the operation of the funded entity since the appointment started.
sec.59
Ending of appointment
sec.59 Ending of appointment
The chief executive may, by notice given to an interim manager, end the manager’s appointment at any time before the end of the period of appointment if the chief executive is satisfied the appointment is no longer appropriate, having regard to the matters stated in section 21 .
The chief executive must, by notice given to an interim manager, end the interim manager’s appointment if the chief executive becomes aware that the funded entity—
is insolvent; or
is being wound up voluntarily.
Immediately after ending an appointment under subsection (1) or (2) , the chief executive—
must give notice about the ending of the appointment to each funded entity given notice of the appointment under section 55 ; and
may inform persons using a funded product or service of the funded entity about the ending of the appointment in the way the chief executive considers appropriate.
In this section—
insolvent , in relation to a funded entity, means the funded entity is unable to pay all its debts as and when they become due and payable.
s 59 amd 2014 No. 12 s 24
(sec.59-ssec.1) The chief executive may, by notice given to an interim manager, end the manager’s appointment at any time before the end of the period of appointment if the chief executive is satisfied the appointment is no longer appropriate, having regard to the matters stated in section 21 .
(sec.59-ssec.2) The chief executive must, by notice given to an interim manager, end the interim manager’s appointment if the chief executive becomes aware that the funded entity— is insolvent; or is being wound up voluntarily.
(sec.59-ssec.3) Immediately after ending an appointment under subsection (1) or (2) , the chief executive— must give notice about the ending of the appointment to each funded entity given notice of the appointment under section 55 ; and may inform persons using a funded product or service of the funded entity about the ending of the appointment in the way the chief executive considers appropriate.
(sec.59-ssec.4) In this section— insolvent , in relation to a funded entity, means the funded entity is unable to pay all its debts as and when they become due and payable.
(a) is insolvent; or
(b) is being wound up voluntarily.
(a) must give notice about the ending of the appointment to each funded entity given notice of the appointment under section 55 ; and
(b) may inform persons using a funded product or service of the funded entity about the ending of the appointment in the way the chief executive considers appropriate.
pt.5-div.3
Function and powers
Function and powers
sec.60
Application of div 3
sec.60 Application of div 3
This division applies to a person appointed as interim manager of a funded entity.
s 60 amd 2014 No. 12 s 77 sch 1
sec.61
Functions
sec.61 Functions
The interim manager’s functions are, to the extent stated in the instrument of appointment—
to remedy a serious concern for the funding received by the funded entity; and
to ensure a funded product or service of the funded entity continues to be delivered by the funded entity.
s 61 sub 2014 No. 12 s 25
(a) to remedy a serious concern for the funding received by the funded entity; and
(b) to ensure a funded product or service of the funded entity continues to be delivered by the funded entity.
sec.62
Powers
sec.62 Powers
So far as is necessary to carry out his or her functions, the interim manager may—
enter any part of the funded entity’s premises; and
use the facilities or things in the premises that it appears are intended for use, or are ordinarily used, to deliver a funded product or service of the funded entity; and
ask for and accept payments owing to the funded entity; and
do anything in relation to the funded product or service, on behalf of the funded entity, that the funded entity is permitted or required to do.
s 62 sub 2014 No. 12 s 25
(a) enter any part of the funded entity’s premises; and
(b) use the facilities or things in the premises that it appears are intended for use, or are ordinarily used, to deliver a funded product or service of the funded entity; and
(c) ask for and accept payments owing to the funded entity; and
(d) do anything in relation to the funded product or service, on behalf of the funded entity, that the funded entity is permitted or required to do.
sec.63
Direction by chief executive
sec.63 Direction by chief executive
An interim manager is subject to the chief executive’s direction in performing the interim manager’s function and exercising the powers given under this part.
sec.64
Other powers
sec.64 Other powers
The interim manager has the other powers of the funded entity that are necessary or convenient to carry out the manager’s function.
It may be necessary for the interim manager to carry out repairs to the funded entity’s property or direct staff of the funded entity in providing a funded product or service.
s 64 amd 2014 No. 12 s 26
sec.65
Limitation on powers under instrument of appointment
sec.65 Limitation on powers under instrument of appointment
A power conferred on the interim manager under this part applies subject to any limitation stated in the instrument of appointment.
sec.66
Production of instrument of appointment for inspection
sec.66 Production of instrument of appointment for inspection
This section applies if—
the interim manager is exercising, or proposes to exercise, a power given under this part in relation to a person; and
the person asks the manager to produce the manager’s instrument of appointment for the person’s inspection.
The manager must comply with the request.
(sec.66-ssec.1) This section applies if— the interim manager is exercising, or proposes to exercise, a power given under this part in relation to a person; and the person asks the manager to produce the manager’s instrument of appointment for the person’s inspection.
(sec.66-ssec.2) The manager must comply with the request.
(a) the interim manager is exercising, or proposes to exercise, a power given under this part in relation to a person; and
(b) the person asks the manager to produce the manager’s instrument of appointment for the person’s inspection.
sec.67
Obstruction
sec.67 Obstruction
A person must not obstruct an interim manager in the exercise of a power, unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
If a person has obstructed an interim manager and the manager decides to proceed with the exercise of the power, the manager must warn the person that—
it is an offence to obstruct the manager, unless the person has a reasonable excuse; and
the manager considers the person’s conduct an obstruction.
(sec.67-ssec.1) A person must not obstruct an interim manager in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.
(sec.67-ssec.2) If a person has obstructed an interim manager and the manager decides to proceed with the exercise of the power, the manager must warn the person that— it is an offence to obstruct the manager, unless the person has a reasonable excuse; and the manager considers the person’s conduct an obstruction.
(a) it is an offence to obstruct the manager, unless the person has a reasonable excuse; and
(b) the manager considers the person’s conduct an obstruction.
pt.5-div.4
Other matters
Other matters
sec.68
Access to information or documents
sec.68 Access to information or documents
The interim manager may ask an executive officer of the funded entity for information or documents that the manager reasonably needs to carry out the manager’s function.
The funded entity and the executive officer of the funded entity may disclose the information despite another provision in this or another Act.
The chief executive may disclose information to an interim manager, or give an interim manager access to documents, to the extent the chief executive considers appropriate for the purpose of the manager’s appointment.
s 68 amd 2014 No. 12 s 27
(sec.68-ssec.1) The interim manager may ask an executive officer of the funded entity for information or documents that the manager reasonably needs to carry out the manager’s function.
(sec.68-ssec.2) The funded entity and the executive officer of the funded entity may disclose the information despite another provision in this or another Act.
(sec.68-ssec.3) The chief executive may disclose information to an interim manager, or give an interim manager access to documents, to the extent the chief executive considers appropriate for the purpose of the manager’s appointment.
sec.69
Confidentiality
sec.69 Confidentiality
This section applies to a person—
who is, or has been, appointed as interim manager of a funded entity; and
who, in the course of the appointment or because of an opportunity provided by the appointment, has gained or has access to confidential information about the funded entity or someone else.
The person must not disclose the information to anyone else or give access to the information to anyone else, other than—
for a purpose of this part; or
under section 72 ; or
with the consent of the funded entity or other person to whom the information relates; or
in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or
if the person reasonably believes a serious concern exists—to report the person’s belief to an entity that can take appropriate action; or
as expressly permitted or required by another Act.
Maximum penalty—40 penalty units.
s 69 prev s 69 om 2014 No. 12 s 18
pres s 69 amd 2014 No. 12 s 28
(sec.69-ssec.1) This section applies to a person— who is, or has been, appointed as interim manager of a funded entity; and who, in the course of the appointment or because of an opportunity provided by the appointment, has gained or has access to confidential information about the funded entity or someone else.
(sec.69-ssec.2) The person must not disclose the information to anyone else or give access to the information to anyone else, other than— for a purpose of this part; or under section 72 ; or with the consent of the funded entity or other person to whom the information relates; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or if the person reasonably believes a serious concern exists—to report the person’s belief to an entity that can take appropriate action; or as expressly permitted or required by another Act. Maximum penalty—40 penalty units.
(a) who is, or has been, appointed as interim manager of a funded entity; and
(b) who, in the course of the appointment or because of an opportunity provided by the appointment, has gained or has access to confidential information about the funded entity or someone else.
(a) for a purpose of this part; or
(b) under section 72 ; or
(c) with the consent of the funded entity or other person to whom the information relates; or
(d) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or
(e) if the person reasonably believes a serious concern exists—to report the person’s belief to an entity that can take appropriate action; or
(f) as expressly permitted or required by another Act.
sec.70
Remuneration
sec.70 Remuneration
An interim manager is entitled to be paid the reasonable amount of remuneration agreed with the chief executive.
s 70 prev s 70 om 2014 No. 12 s 18
sec.71
Funded entity liable for remuneration and other costs
sec.71 Funded entity liable for remuneration and other costs
If an interim manager is appointed to a funded entity, the chief executive may give the entity a written demand for the amount of an administration cost.
The chief executive may recover the amount as a debt owed to the State.
In this section—
administration cost means the remuneration paid to the interim manager and any other reasonable cost incurred in carrying out the manager’s function.
s 71 amd 2014 No. 12 s 77 sch 1
(sec.71-ssec.1) If an interim manager is appointed to a funded entity, the chief executive may give the entity a written demand for the amount of an administration cost.
(sec.71-ssec.2) The chief executive may recover the amount as a debt owed to the State.
(sec.71-ssec.3) In this section— administration cost means the remuneration paid to the interim manager and any other reasonable cost incurred in carrying out the manager’s function.
sec.72
Accounts and reports
sec.72 Accounts and reports
An interim manager appointed to a funded entity must give to the chief executive—
records of all amounts received or paid in the course of the appointment; and
the other reports about the administration that the chief executive requires.
The records and other reports must be given as soon as possible after the end of the appointment or, if required by the chief executive at a time during the appointment, at that time.
The chief executive must give a copy of each record or report to the funded entity.
s 72 amd 2014 No. 12 s 77 sch 1
(sec.72-ssec.1) An interim manager appointed to a funded entity must give to the chief executive— records of all amounts received or paid in the course of the appointment; and the other reports about the administration that the chief executive requires.
(sec.72-ssec.2) The records and other reports must be given as soon as possible after the end of the appointment or, if required by the chief executive at a time during the appointment, at that time.
(sec.72-ssec.3) The chief executive must give a copy of each record or report to the funded entity.
(a) records of all amounts received or paid in the course of the appointment; and
(b) the other reports about the administration that the chief executive requires.
sec.73
Compensation
sec.73 Compensation
A person may claim compensation from the State if the person incurs loss or damage because of the exercise or purported exercise of a power under this part.
Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.
A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.
s 73 amd 2014 No. 12 s 29
(sec.73-ssec.1) A person may claim compensation from the State if the person incurs loss or damage because of the exercise or purported exercise of a power under this part.
(sec.73-ssec.2) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.
(sec.73-ssec.3) A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.
pt.6
Reviews
Reviews
pt.6-div.1
Reviewable decisions
Reviewable decisions
sec.74
Reviewable decisions
sec.74 Reviewable decisions
Schedule 1 states—
decisions of a chief executive under this Act that are reviewable decisions; and
for each reviewable decision, the person who may seek to have the decision reviewed under this part (the interested person ).
s 74 amd 2014 No. 12 s 77 sch 1
(a) decisions of a chief executive under this Act that are reviewable decisions; and
(b) for each reviewable decision, the person who may seek to have the decision reviewed under this part (the interested person ).
sec.75
Chief executive must give notice after making reviewable decision
sec.75 Chief executive must give notice after making reviewable decision
Immediately after making a reviewable decision, a chief executive must give to the interested person a notice stating—
the decision; and
the reasons for the decision; and
that, within 28 days after receiving the notice, the interested person may apply to the chief executive for a review of the decision; and
how the interested person may apply for the review.
Subsection (1) does not apply if the chief executive can not locate the interested person after making reasonable enquiries.
s 75 amd 2014 No. 12 ss 30 , 77 sch 1
(sec.75-ssec.1) Immediately after making a reviewable decision, a chief executive must give to the interested person a notice stating— the decision; and the reasons for the decision; and that, within 28 days after receiving the notice, the interested person may apply to the chief executive for a review of the decision; and how the interested person may apply for the review.
(sec.75-ssec.2) Subsection (1) does not apply if the chief executive can not locate the interested person after making reasonable enquiries.
(a) the decision; and
(b) the reasons for the decision; and
(c) that, within 28 days after receiving the notice, the interested person may apply to the chief executive for a review of the decision; and
(d) how the interested person may apply for the review.
pt.6-div.2
Review of decision by chief executive
Review of decision by chief executive
sec.76
Application for review
sec.76 Application for review
This section applies to the interested person for a reviewable decision.
Within 28 days after the interested person receives a notice under section 75 from a chief executive about the decision, the interested person may apply to the chief executive to review the decision.
The chief executive may extend the time for applying for the review.
Also, the interested person may apply to the chief executive to review the decision if the chief executive has not given the interested person a notice under section 75 about the decision.
The application must be in the approved form and supported by enough information to enable the chief executive to decide the application.
s 76 amd 2014 No. 12 s 31
(sec.76-ssec.1) This section applies to the interested person for a reviewable decision.
(sec.76-ssec.2) Within 28 days after the interested person receives a notice under section 75 from a chief executive about the decision, the interested person may apply to the chief executive to review the decision.
(sec.76-ssec.3) The chief executive may extend the time for applying for the review.
(sec.76-ssec.4) Also, the interested person may apply to the chief executive to review the decision if the chief executive has not given the interested person a notice under section 75 about the decision.
(sec.76-ssec.5) The application must be in the approved form and supported by enough information to enable the chief executive to decide the application.
sec.77
Stay of operation of original decision
sec.77 Stay of operation of original decision
An application under section 76 for review of a decision does not stay the decision.
However, before the decision takes effect, the chief executive may, by notice given to the interested person, stay the operation of the decision for a stated period.
The chief executive may stay the decision to secure the effectiveness of the review.
The stay may be granted on conditions the chief executive considers appropriate and has effect for the period stated by the chief executive.
The period of the stay must not extend past the time when the chief executive makes the review decision.
s 77 amd 2014 No. 12 s 32
(sec.77-ssec.1) An application under section 76 for review of a decision does not stay the decision.
(sec.77-ssec.2) However, before the decision takes effect, the chief executive may, by notice given to the interested person, stay the operation of the decision for a stated period.
(sec.77-ssec.3) The chief executive may stay the decision to secure the effectiveness of the review.
(sec.77-ssec.4) The stay may be granted on conditions the chief executive considers appropriate and has effect for the period stated by the chief executive.
(sec.77-ssec.5) The period of the stay must not extend past the time when the chief executive makes the review decision.
sec.78
Review decision
sec.78 Review decision
This section applies to an application under section 76 for review of a decision (the original decision ).
Unless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by—
the person who made the original decision; or
a person in a less senior office than the person who made the original decision.
Within 28 days after receiving the application, the chief executive must review the original decision and make a decision (the review decision )—
confirming the original decision; or
amending the original decision; or
substituting another decision for the original decision.
Immediately after deciding the application, the chief executive must give the interested person a notice stating the decision and the reasons for the decision.
If the chief executive does not decide the application within 28 days after receiving it, the chief executive is taken to have made a review decision confirming the original decision.
s 78 amd 2014 No. 12 s 33
(sec.78-ssec.1) This section applies to an application under section 76 for review of a decision (the original decision ).
(sec.78-ssec.2) Unless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision.
(sec.78-ssec.3) Within 28 days after receiving the application, the chief executive must review the original decision and make a decision (the review decision )— confirming the original decision; or amending the original decision; or substituting another decision for the original decision.
(sec.78-ssec.4) Immediately after deciding the application, the chief executive must give the interested person a notice stating the decision and the reasons for the decision.
(sec.78-ssec.5) If the chief executive does not decide the application within 28 days after receiving it, the chief executive is taken to have made a review decision confirming the original decision.
(a) the person who made the original decision; or
(b) a person in a less senior office than the person who made the original decision.
(a) confirming the original decision; or
(b) amending the original decision; or
(c) substituting another decision for the original decision.
pt.6-div.3
Review of review decision by tribunal
Review of review decision by tribunal
pt.7
Legal proceedings
Legal proceedings
pt.7-div.1
Application
Application
sec.79
Application of pt 7
sec.79 Application of pt 7
This part applies to a proceeding under this Act.
pt.7-div.2
Evidence
Evidence
sec.80
Appointments and authority
sec.80 Appointments and authority
The following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—
a chief executive’s appointment;
an authorised officer’s appointment;
the authority of a chief executive or an authorised officer to do anything under this Act.
s 80 amd 2014 No. 12 s 77 sch 1
(a) a chief executive’s appointment;
(b) an authorised officer’s appointment;
(c) the authority of a chief executive or an authorised officer to do anything under this Act.
sec.81
Signatures
sec.81 Signatures
A signature purporting to be the signature of a chief executive or an authorised officer is evidence of the signature it purports to be.
s 81 amd 2014 No. 12 s 77 sch 1
sec.82
Evidentiary provisions
sec.82 Evidentiary provisions
A certificate purporting to be signed by a chief executive and stating any of the following matters is evidence of the matter—
a stated document is 1 of the following things made, given, issued or kept under this Act—
an appointment, approval or decision;
a notice or requirement;
a record, or an extract from a record;
a stated document is another document kept under this Act;
a stated document is a copy of a thing mentioned in paragraph (a) or (b) ;
on a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person;
on a stated day, a stated person was given a stated notice under this Act;
on a stated day, a stated requirement was made of a stated person.
In a complaint starting a proceeding, a statement that the matter of complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.
s 82 amd 2014 No. 12 s 77 sch 1
(sec.82-ssec.1) A certificate purporting to be signed by a chief executive and stating any of the following matters is evidence of the matter— a stated document is 1 of the following things made, given, issued or kept under this Act— an appointment, approval or decision; a notice or requirement; a record, or an extract from a record; a stated document is another document kept under this Act; a stated document is a copy of a thing mentioned in paragraph (a) or (b) ; on a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person; on a stated day, a stated person was given a stated notice under this Act; on a stated day, a stated requirement was made of a stated person.
(sec.82-ssec.2) In a complaint starting a proceeding, a statement that the matter of complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.
(a) a stated document is 1 of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice or requirement; (iii) a record, or an extract from a record;
(i) an appointment, approval or decision;
(ii) a notice or requirement;
(iii) a record, or an extract from a record;
(b) a stated document is another document kept under this Act;
(c) a stated document is a copy of a thing mentioned in paragraph (a) or (b) ;
(d) on a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person;
(e) on a stated day, a stated person was given a stated notice under this Act;
(f) on a stated day, a stated requirement was made of a stated person.
(i) an appointment, approval or decision;
(ii) a notice or requirement;
(iii) a record, or an extract from a record;
pt.7-div.3
Proceedings
Proceedings
sec.83
Proceeding for offences
sec.83 Proceeding for offences
A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .
sec.84
When proceeding may start
sec.84 When proceeding may start
A proceeding for an offence against this Act must start within the later of the following periods to end—
1 year after the commission of the offence;
6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.
(a) 1 year after the commission of the offence;
(b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.
sec.85
Allegations of false or misleading information or document
sec.85 Allegations of false or misleading information or document
In any 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’.
sec.86
Forfeiture on conviction
sec.86 Forfeiture on conviction
On conviction of a person for an offence against this Act, a court may order the forfeiture to the State of—
anything used to commit the offence; or
anything else the subject of the offence.
The court may make any order to enforce the forfeiture it considers appropriate.
This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.
(sec.86-ssec.1) On conviction of a person for an offence against this Act, a court may order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence.
(sec.86-ssec.2) The court may make any order to enforce the forfeiture it considers appropriate.
(sec.86-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.
(a) anything used to commit the offence; or
(b) anything else the subject of the offence.
sec.87
Dealing with forfeited thing
sec.87 Dealing with forfeited thing
On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the State as the State considers appropriate.
Without limiting subsection (1) , the State may destroy the thing.
(sec.87-ssec.1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the State as the State considers appropriate.
(sec.87-ssec.2) Without limiting subsection (1) , the State may destroy the thing.
sec.88
Responsibility for acts or omissions of representative
sec.88 Responsibility for acts or omissions of representative
This section applies in a proceeding for an offence against this Act.
If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—
the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and
the representative had the state of mind.
An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.
In this section—
representative means—
for a corporation—an executive officer, employee or agent of the corporation; or
for an individual—an employee or agent of the individual.
state of mind of a person includes—
the person’s knowledge, intention, opinion, belief or purpose; and
the person’s reasons for the intention, opinion, belief or purpose.
(sec.88-ssec.1) This section applies in a proceeding for an offence against this Act.
(sec.88-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.
(sec.88-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.
(sec.88-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.
(a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and
(b) the representative had the state of mind.
(a) for a corporation—an executive officer, employee or agent of the corporation; or
(b) for an individual—an employee or agent of the individual.
(a) the person’s knowledge, intention, opinion, belief or purpose; and
(b) the person’s reasons for the intention, opinion, belief or purpose.
pt.8
Miscellaneous
Miscellaneous
sec.89
Joint exercise of powers
sec.89 Joint exercise of powers
This section applies if more than 1 department provides funding received by a funded entity.
The chief executive of 1 of the departments (the first chief executive ) may exercise a power on behalf of any or all of the chief executives of the other departments in relation to the funding received by the funded entity.
The first chief executive may only act on behalf of a chief executive of another department with the written consent of the other chief executive.
The exercise of a power by the first chief executive on behalf of the chief executive of another department may be in relation to all or part of the funding provided by the other chief executive’s department.
Nothing in this section limits the power of a chief executive under this Act.
s 89 sub 2014 No. 12 s 35
(sec.89-ssec.1) This section applies if more than 1 department provides funding received by a funded entity.
(sec.89-ssec.2) The chief executive of 1 of the departments (the first chief executive ) may exercise a power on behalf of any or all of the chief executives of the other departments in relation to the funding received by the funded entity.
(sec.89-ssec.3) The first chief executive may only act on behalf of a chief executive of another department with the written consent of the other chief executive.
(sec.89-ssec.4) The exercise of a power by the first chief executive on behalf of the chief executive of another department may be in relation to all or part of the funding provided by the other chief executive’s department.
(sec.89-ssec.5) Nothing in this section limits the power of a chief executive under this Act.
sec.90
Chief executive not required to notify particular funded entities
sec.90 Chief executive not required to notify particular funded entities
This section applies if, under this Act, a chief executive is required to give notice to a funded entity that has received funding.
The chief executive is not required to give the notice to the funded entity (the first entity ) if—
the first entity received the funding from another funded entity (the second entity ); and
the first entity is not an approved subcontractor of the second entity.
In this section—
approved subcontractor , of a funded entity, means an entity that may receive funding from the funded entity to deliver a funded product or service under—
a funding agreement about the funding; or
a written approval given by the chief executive.
s 90 sub 2014 No. 12 s 35
(sec.90-ssec.1) This section applies if, under this Act, a chief executive is required to give notice to a funded entity that has received funding.
(sec.90-ssec.2) The chief executive is not required to give the notice to the funded entity (the first entity ) if— the first entity received the funding from another funded entity (the second entity ); and the first entity is not an approved subcontractor of the second entity.
(sec.90-ssec.3) In this section— approved subcontractor , of a funded entity, means an entity that may receive funding from the funded entity to deliver a funded product or service under— a funding agreement about the funding; or a written approval given by the chief executive.
(a) the first entity received the funding from another funded entity (the second entity ); and
(b) the first entity is not an approved subcontractor of the second entity.
(a) a funding agreement about the funding; or
(b) a written approval given by the chief executive.
sec.91
Confidentiality of information about criminal history and related information
sec.91 Confidentiality of information about criminal history and related information
This section applies to a person who—
is, or has been, the chief executive, a public service employee, or a selection panel member; and
in that capacity acquired information, or gained access to a document, under previous part 10 about another person’s criminal history or about an investigation relating to the possible commission of a serious offence by another person.
The person must not disclose the information, or give access to the document, to anyone else.
Maximum penalty—100 penalty units or 2 years imprisonment.
Subsection (2) does not apply to the disclosure of information, or giving of access to a document, about a person—
to the chief executive, a public service employee or selection panel member for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the department; or
if the person is an adult—with the person’s consent; or
if the disclosure or giving of access is otherwise required under an Act.
In this section—
criminal history , of a person, means—
every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act; and
every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act.
engaged by the department means engaged by the department within the meaning of section 100 of this Act as in force from time to time before the commencement of this definition.
previous part 10 means part 10 of this Act as in force from time to time before the commencement of this definition.
selection panel member means a member of a panel formed to make a recommendation to the chief executive about a person’s engagement by the department.
serious offence means an offence that was a serious offence under section 103 of this Act as in force from time to time before the commencement of this definition.
s 91 amd 2010 No. 5 ss 74 , 80 (3) (reloc def from sch 4 )
(sec.91-ssec.1) This section applies to a person who— is, or has been, the chief executive, a public service employee, or a selection panel member; and in that capacity acquired information, or gained access to a document, under previous part 10 about another person’s criminal history or about an investigation relating to the possible commission of a serious offence by another person.
(sec.91-ssec.2) The person must not disclose the information, or give access to the document, to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment.
(sec.91-ssec.3) Subsection (2) does not apply to the disclosure of information, or giving of access to a document, about a person— to the chief executive, a public service employee or selection panel member for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the department; or if the person is an adult—with the person’s consent; or if the disclosure or giving of access is otherwise required under an Act.
(sec.91-ssec.4) In this section— criminal history , of a person, means— every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act; and every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act. engaged by the department means engaged by the department within the meaning of section 100 of this Act as in force from time to time before the commencement of this definition. previous part 10 means part 10 of this Act as in force from time to time before the commencement of this definition. selection panel member means a member of a panel formed to make a recommendation to the chief executive about a person’s engagement by the department. serious offence means an offence that was a serious offence under section 103 of this Act as in force from time to time before the commencement of this definition.
(a) is, or has been, the chief executive, a public service employee, or a selection panel member; and
(b) in that capacity acquired information, or gained access to a document, under previous part 10 about another person’s criminal history or about an investigation relating to the possible commission of a serious offence by another person.
(a) to the chief executive, a public service employee or selection panel member for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the department; or
(b) if the person is an adult—with the person’s consent; or
(c) if the disclosure or giving of access is otherwise required under an Act.
(a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act; and
(b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act.
sec.92
Duty of confidentiality
sec.92 Duty of confidentiality
This section applies to a person—
who is, or has been, any of the following—
a chief executive of a department providing funding;
a public service employee or another employee of a department providing funding;
an authorised officer; and
who, in the course of administering this Act or because of an opportunity provided by involvement in administering this Act, has gained, gains or has access to, confidential information about an individual, other than information mentioned in section 91 (1) (b) .
The person must not disclose the information, or give access to the information, to anyone else, other than—
for administering, monitoring or enforcing compliance with this Act; or
with the consent of the individual to whom the information relates; or
in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or
as expressly permitted or required under an Act; or
if the person reasonably believes a serious concern exists—to report the person’s belief to an entity that can take appropriate action.
Maximum penalty—40 penalty units.
s 92 amd 2014 No. 12 s 36
(sec.92-ssec.1) This section applies to a person— who is, or has been, any of the following— a chief executive of a department providing funding; a public service employee or another employee of a department providing funding; an authorised officer; and who, in the course of administering this Act or because of an opportunity provided by involvement in administering this Act, has gained, gains or has access to, confidential information about an individual, other than information mentioned in section 91 (1) (b) .
(sec.92-ssec.2) The person must not disclose the information, or give access to the information, to anyone else, other than— for administering, monitoring or enforcing compliance with this Act; or with the consent of the individual to whom the information relates; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or as expressly permitted or required under an Act; or if the person reasonably believes a serious concern exists—to report the person’s belief to an entity that can take appropriate action. Maximum penalty—40 penalty units.
(a) who is, or has been, any of the following— (i) a chief executive of a department providing funding; (ii) a public service employee or another employee of a department providing funding; (iii) an authorised officer; and
(i) a chief executive of a department providing funding;
(ii) a public service employee or another employee of a department providing funding;
(iii) an authorised officer; and
(b) who, in the course of administering this Act or because of an opportunity provided by involvement in administering this Act, has gained, gains or has access to, confidential information about an individual, other than information mentioned in section 91 (1) (b) .
(i) a chief executive of a department providing funding;
(ii) a public service employee or another employee of a department providing funding;
(iii) an authorised officer; and
(a) for administering, monitoring or enforcing compliance with this Act; or
(b) with the consent of the individual to whom the information relates; or
(c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or
(d) as expressly permitted or required under an Act; or
(e) if the person reasonably believes a serious concern exists—to report the person’s belief to an entity that can take appropriate action.
sec.93
Power to require information
sec.93 Power to require information
A chief executive may, by notice (a requirement notice ), require a funded entity to give the chief executive, within a stated reasonable time, information relating to the provision of a funded product or service by the funded entity.
The funded entity must comply with the requirement notice.
The funded entity may comply with the requirement by giving a copy of a document certified as a true copy of the document.
s 93 prev s 93 amd 2009 No. 24 s 42
pres s 93 sub 2014 No. 12 s 37
(sec.93-ssec.1) A chief executive may, by notice (a requirement notice ), require a funded entity to give the chief executive, within a stated reasonable time, information relating to the provision of a funded product or service by the funded entity.
(sec.93-ssec.2) The funded entity must comply with the requirement notice.
(sec.93-ssec.3) The funded entity may comply with the requirement by giving a copy of a document certified as a true copy of the document.
sec.94
Protection from liability for giving information
sec.94 Protection from liability for giving information
This section applies to the giving of information to a chief executive by a funded entity under section 93 .
A funded entity, or a person on behalf of the entity, may give the information despite any other law that would otherwise prohibit or restrict the giving of the information.
If a person, acting honestly on reasonable grounds, gives the information to the chief executive, the person is not liable, civilly, criminally or under an administrative process, for giving the information.
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.
Without limiting subsections (3) and (4) —
in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—
does not contravene the Act , oath or rule of law or practice by giving the information; and
is not liable to disciplinary action for giving the information.
In this section—
information includes a document.
s 94 amd 2014 No. 12 s 38
(sec.94-ssec.1) This section applies to the giving of information to a chief executive by a funded entity under section 93 .
(sec.94-ssec.2) A funded entity, or a person on behalf of the entity, may give the information despite any other law that would otherwise prohibit or restrict the giving of the information.
(sec.94-ssec.3) If a person, acting honestly on reasonable grounds, gives the information to the chief executive, the person is not liable, civilly, criminally or under an administrative process, for giving the information.
(sec.94-ssec.4) 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.
(sec.94-ssec.5) Without limiting subsections (3) and (4) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.
(sec.94-ssec.6) In this section— information includes a document.
(a) breached any code of professional etiquette or ethics; or
(b) departed from accepted standards of professional conduct.
(a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
(b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.
(i) does not contravene the Act , oath or rule of law or practice by giving the information; and
(ii) is not liable to disciplinary action for giving the information.
(i) does not contravene the Act , oath or rule of law or practice by giving the information; and
(ii) is not liable to disciplinary action for giving the information.
sec.95
Chief executive may share information about funded entity
sec.95 Chief executive may share information about funded entity
A chief executive may give information about a funded entity to—
a department if the funded entity receives funding the department has provided; or
another entity if the chief executive considers the entity has an interest in the proper and efficient delivery of a funded product or service of the funded entity.
A chief executive may act under subsection (1) without the consent of the funded entity.
s 95 prev s 95 amd 2009 No. 24 s 44
pres s 95 sub 2014 No. 12 s 39
(sec.95-ssec.1) A chief executive may give information about a funded entity to— a department if the funded entity receives funding the department has provided; or another entity if the chief executive considers the entity has an interest in the proper and efficient delivery of a funded product or service of the funded entity.
(sec.95-ssec.2) A chief executive may act under subsection (1) without the consent of the funded entity.
(a) a department if the funded entity receives funding the department has provided; or
(b) another entity if the chief executive considers the entity has an interest in the proper and efficient delivery of a funded product or service of the funded entity.
sec.96
Delegation by Minister or chief executive
sec.96 Delegation by Minister or chief executive
A Minister or a chief executive of a department may delegate the Minister’s or chief executive’s functions under this Act to an appropriately qualified person who is a public service employee or other employee of the department.
In this section—
function includes a power.
s 96 prev s 96 amd 2009 No. 24 s 45
pres s 96 sub 2014 No. 12 s 40
(sec.96-ssec.1) A Minister or a chief executive of a department may delegate the Minister’s or chief executive’s functions under this Act to an appropriately qualified person who is a public service employee or other employee of the department.
(sec.96-ssec.2) In this section— function includes a power.
More sections below
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
pt.1-div.1 Introduction
Introduction
sec.1 Short title
sec.1 Short title
This Act may be cited as the Community Services Act 2007 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
pt.1-div.2 Object and principles
Object and principles
sec.3 Main object and achievement
sec.3 Main object and achievement
The main object of this Act is to safeguard funding for the delivery of products or services to the community that—
contribute to Queensland’s economic, social and environmental wellbeing; and
enhance the quality of life of individuals, groups and communities.
This object is mainly achieved by providing clear and consistent powers that safeguard—
funding provided to entities to deliver products or services; and
the delivery of products or services that are provided with the funding.
s 3 sub 2014 No. 12 s 5
(sec.3-ssec.1) The main object of this Act is to safeguard funding for the delivery of products or services to the community that— contribute to Queensland’s economic, social and environmental wellbeing; and enhance the quality of life of individuals, groups and communities.
(sec.3-ssec.2) This object is mainly achieved by providing clear and consistent powers that safeguard— funding provided to entities to deliver products or services; and the delivery of products or services that are provided with the funding.
(a) contribute to Queensland’s economic, social and environmental wellbeing; and
(b) enhance the quality of life of individuals, groups and communities.
(a) funding provided to entities to deliver products or services; and
(b) the delivery of products or services that are provided with the funding.
sec.4 Guiding principles
sec.4 Guiding principles
This Act is to be administered in a way that has regard to the following principles—
the use of public funds for products and services should—
advance Queensland’s social, economic and environmental wellbeing; and
respond to the diverse needs of individuals, groups and communities;
the government should administer funding in a way that—
is efficient and transparent; and
involves clear and timely communication; and
promotes excellence in the delivery of products and services; and
provides sustainable service delivery to communities;
the contractual arrangements between government and funded entities should reflect a clear and common understanding of—
the purpose of the funding; and
the results to be achieved from the funded products and services; and
the intended recipients of the products or services;
ensuring accountability in the delivery of funded products and services will—
protect the safety and interests of users of the products or services, including those who are at risk or are vulnerable; and
help to maintain public confidence about the use of public funds;
the government and funded entities should recognise each other’s autonomy and accountabilities.
s 4 sub 2014 No. 12 s 5
The Act states its main object and the administrative principles to be observed (ss 3-5). Officially, the Act is designed to safeguard public funding and the delivery of products or services that contribute to Queensland’s wellbeing (s 3). The Act supplies evidentiary presumptions and administrative review routes (Pt 6, ss 74-78), protections for officials acting honestly (s 97), confidentiality duties for officials and interim managers (ss 69, 91, 92), and transitional savings tied to earlier instruments such as the Family Services Act 1987 (Pt 9). The Act also authorises delegation to suitably qualified departmental employees (s 96) and allows regulations to prescribe fees and penalties (s 99).
Taken mechanically, the Act concentrates decision-making about whether funding is caught by the statutory regime in the Minister (s 12) and the relevant chief executive, while supplying a toolkit that ranges from information demands and compliance notices through to appointment of interim managers and recovery of funds (ss 19, 20, 22, 71). The Act couples those powers with procedural safeguards: prescribed notice obligations (s 75), evidentiary certificates (s 82), review of decisions by the chief executive (ss 76-78), and limited compensation pathways for persons who suffer loss from exercise of powers (ss 47, 73).
Main concepts
The Act defines and organises a small set of operational concepts that determine when and how the statute applies.
Funding, funded entity, and funded product or service. A department provides funding where it gives money or other assistance to an entity to enable delivery of a product or service with social, environmental or economic benefit, on conditions that specify required products or services and accountability to the department (s 8). A funded entity is any entity that receives such funding to deliver a product or service (s 7). A funded product or service is a product or service the funded entity is required to deliver with the funding (s 7).
Funding declaration and scope. The statutory regime applies only to funding that is the subject of a funding declaration made by a Minister and published online (s 12). A declaration can relate to programmatic funding administered by a department or to one-off funding to an entity (s 12(2)). The Minister may consider a non-exhaustive list of matters when deciding to declare funding, including the nature of the product or service, the service provider market, vulnerability of service users, amount of funding, and whether the funding is regulated under another law (s 12(3)).
Serious concern. The threshold for stronger intervention is a "serious concern" about funding received by a funded entity (s 16). The Act lists four categories that constitute a serious concern or serious risk: improper use of funding (including dishonest, fraudulent use or use for other purposes); significant failure to deliver a funded product or service; acts or omissions resulting in harm to an individual from provision of a funded product or service; and contraventions of the Disability Services Act 2006 where applicable (s 16). Each category includes examples (s 16 notes examples such as closure of an emergency accommodation service required to be open, or harm through neglect, abuse or exploitation).
Compliance notice and remedial process. Where the chief executive reasonably believes a serious concern exists and it is capable of remedy, and that giving the entity an opportunity to remedy is appropriate, the chief executive may issue a compliance notice requiring remedial steps (s 18, s 19). A compliance notice must state the grounds, an outline of facts, a reasonable time, and warn that noncompliance is an offence unless there is a reasonable excuse (s 19(2), (4)). The chief executive may suspend, stop or terminate funding if the funded entity contravenes a compliance notice (s 19(5)).
Interim manager. Where necessary and subject to prerequisites, a chief executive may appoint an interim manager for the funding of a funded entity to remedy a serious concern and to ensure continuity of funded services (ss 20, 21, 61). The appointment is time-limited, typically up to 3 months initially with extensions permitted up to a total of 6 months (s 57, s 58). Interim managers have statutory powers to use premises, accept payments owing to the entity, and act on behalf of the funded entity to deliver funded products or services, subject to directions from the chief executive (ss 62-64).
Information and inspection powers. Authorised officers may be appointed by a chief executive if appropriately qualified (s 25). They must carry identity cards (ss 28-29) and are subject to appointing chief executive directions (s 26). Powers include entry by consent, entry to public or business premises at appropriate times, or entry by warrant (ss 33-39); inspection, copying and removal for copying of documents (s 40); and formal information and certification requirements (ss 43-44). Offences exist for providing false or misleading information or documents (ss 48-49), obstructing officers (s 50), and impersonation (s 51).
Financial recovery and liabilities. Unspent or improperly used funds are made a debt owing to the State and recoverable by the chief executive (s 22). If multiple entities share the funds, they are jointly and severally liable (s 22(5)). If an interim manager is appointed, the funded entity may be demanded to pay administration costs, including remuneration of the interim manager, and those amounts are recoverable as debts (s 71).
Review and evidence. The Act provides for internal review by the chief executive (ss 76-78) and identifies which chief executive decisions are reviewable in schedule 1 (s 74). It supplies evidentiary mechanisms for proceedings (ss 80-82), including certificates signed by a chief executive as evidence of certain administrative facts (s 82).
These concepts establish a regime where a department can bring declared funding under intensive oversight, move from cooperative measures to coercive interventions where "serious concerns" arise, and recover funds or appoint managers to secure service continuity.
Who it affects
The Act allocates rights, obligations and liabilities across identifiable groups. Each is described with the statutory provision that confers or imposes the role.
Funded entities. Entities that receive funding from a department to deliver products or services fall squarely within the Act’s reach once the funding is declared (ss 7, 10). Funded entities must comply with requirement notices (s 93), compliance notices (s 19), and information requirements or certification requirements (s 43). They face penalties for contraventions, possible suspension or termination of funding (s 19(5)), recovery of unspent or improperly used funds as debts (s 22), and liability to pay administration costs when an interim manager is appointed (s 71). If more than one entity received the funding, joint and several liability applies for recovery (s 22(5)).
Subcontractors and third parties. The Act acknowledges multi-tier funding arrangements. A funded entity includes entities that receive funding indirectly through another entity (s 7(3)(a)). The chief executive is not required to give certain notices to entities that have received funding from another funded entity unless they are an approved subcontractor (s 90). This creates two classes: approved subcontractors who attract direct statutory notice duties, and indirect recipients who may not (s 90).
Persons using funded services. The Act explicitly recognises users of funded services, and the vulnerability of certain groups is a specified consideration in deciding whether to declare funding (s 12(3)(c)). Serious concern includes conduct that results in harm to an individual using a funded service (s 16(c)). The chief executive may direct interim managers to inform service users of appointments (s 56), reflecting an operational requirement to protect users where services are subject to intervention.
Chief executives and Ministers. Ministers decide whether funding is declared (s 12). Chief executives administer the regime: keeping the list of declared funding (s 13), notifying funded entities (s 14), appointing authorised officers (s 25), issuing compliance notices (s 19), appointing interim managers (s 20), recovering funds (s 22), giving requirement notices (s 93), sharing information (s 95), and delegating functions (s 96). The Acts Interpretation Act provisions about references to Ministers and chief executives do not apply to this Act, broadening who is captured by those references (s 9(4)).
Authorised officers. Persons appointed by a chief executive and appropriately qualified may be authorised officers (s 25). They conduct inspections, investigations and monitoring functions (s 24), exercise entry and search powers (ss 33-40), and make information demands (s 43). They are required to have identity cards (ss 28-29) and are subject to direction (s 26). Their appointments may be limited by instrument or regulation (s 27).
Interim managers. Persons appointed as interim managers have statutory functions and powers limited by their instrument of appointment (ss 53-65). They are accountable to the chief executive (s 63), must provide accounts and reports to the chief executive and the funded entity (s 72), and are subject to confidentiality rules (s 69). Remuneration agreed with the chief executive is payable and recoverable from the funded entity as an administration cost (ss 70-71).
Officials and employees. Officials include Ministers, chief executives, authorised officers, public service employees and persons acting under their directions (s 97). The Act protects officials from civil liability for acts done honestly and without negligence under the Act (s 97). Officials who gain access to confidential or criminal-history information face duties not to disclose that information, with significant penalties for unlawful disclosure in some cases (ss 91-92).
Courts and magistrates. The Act prescribes that proceedings for offences are taken summarily (s 83) and sets time bars for commencing proceedings (s 84). Magistrates determine whether warrants for entry should issue under the Act with specific statutory criteria (s 36) and manage the procedural requirements for warrants, including electronic applications and duplicate warrants (s 37).
In practical terms, the Act imposes regulatory burdens primarily on funded entities and those in supply chains who receive declared funding, while concentrating decision and enforcement discretion in departmental chief executives and Ministers. Funded entities bear direct financial exposure from recovery powers and administrative-cost demands and face criminal and civil penalties for contraventions of information, obstruction and compliance provisions.
Key duties and rights
The Act creates statutory duties for departmental actors, authorised officers, funded entities and interim managers, and also grants certain rights to those affected. The following summaries cite the operative sections.
Duties imposed on chief executives and Ministers
Decide funding declarations. A Minister may declare funding subject to the Act and may consider factors such as the service provider market, vulnerability of users, and whether the funding is regulated elsewhere (s 12).
Publish lists and notify. A chief executive must keep and publish a list of declared funding on a Queensland Government website (s 13) and notify funded entities if funding becomes declared after they entered an agreement or received funding, within one month (s 14(2)).
Consider cooperative approaches. Before exercising powers under the Act, chief executives or authorised officers must consider whether cooperation or contractual remedies would be more appropriate (s 15(1)). The chief executive is not precluded from exercising powers where cooperation is possible, and failure to consider cooperation does not give rise to a procedural challenge (s 15(3)).
Make appointments and issue notices. The chief executive appoints authorised officers (s 25), may give compliance notices (s 19), appoint an interim manager (s 20, 21), and may require information from funded entities (s 93).
Duties on authorised officers
Investigate and monitor. Authorised officers are tasked with investigating and monitoring compliance under the Act and facilitating the exercise of powers (s 24).
Identification and conduct. They must carry and present identity cards when exercising powers (ss 28-29), take reasonable steps to avoid inconvenience and minimise damage when exercising powers (s 45), and give notice of damage when they or their agents cause property damage (s 46).
Entry and inspection. Authorised officers may enter premises by consent, during business hours for non-homes, or by warrant (ss 33, 35-39). After lawful entry they may search, photograph, copy documents, require reasonable help and require answers to questions (s 40). They must warn persons that failure to answer or help may be an offence (s 40(4)).
Duties on funded entities and other persons
Comply with requirement and information notices. Funded entities must comply with requirement notices about service provision (s 93) and information or certification requirements issued for investigations (s 43). Failure to comply with an information requirement can attract a maximum penalty of 50 penalty units (s 44).
Comply with compliance notices. Funded entities must comply with compliance notices unless they have a reasonable excuse (s 19(4)). Noncompliance permits the chief executive to suspend or stop funding or terminate agreements (s 19(5)).
Provide reasonable help and answers. Persons at the place of inspection must give reasonable help and answer questions unless they have a reasonable excuse, including that compliance might incriminate them (ss 41-42).
Maintain confidentiality and truthfulness. Persons must not give false or misleading statements or documents to a chief executive or authorised officer (ss 48-49) and must not obstruct officers (s 50) or impersonate them (s 51).
Rights and safeguards
Right to notice and reasons. For reviewable decisions listed in schedule 1, the chief executive must notify the interested person of the decision and reasons and advise of the 28-day right to apply for internal review (s 75).
Internal review by chief executive. The interested person may apply for review by the chief executive; the chief executive must ensure the review is not conducted by the original decision-maker and must decide within 28 days, with the power to confirm, amend or substitute the decision (ss 76-78).
Procedural protections for warrants. Warrants must be issued by a magistrate on reasonable grounds limited to protecting persons at risk, checking compliance with compliance notices, or checking compliance with the Disability Services Act where applicable, and warrants are time-limited to 14 days (s 36). Before executing a warrant, an officer must identify themselves, present the warrant and allow an opportunity for entry without force, unless immediate entry is necessary (s 39).
Compensation rights. Persons who suffer loss or expense because of exercise or purported exercise of powers under certain divisions may claim compensation from the State in appropriate courts, with courts required to be satisfied it is just to order compensation (ss 47, 73).
Evidentiary presumptions. Administrative acts such as appointments and authority are presumed in proceedings unless reasonably challenged (s 80). Certificates by chief executives are admissible as evidence of administrative facts (s 82).
Protections for officials. Officials acting honestly and without negligence are protected from civil liability; if liability is excluded, it attaches to the State instead (s 97).
These duties and rights frame a regime with administrative enforcement powers and concurrent procedural protections, internal review mechanisms and limited judicial oversight avenues for affected parties.
Penalties and enforcement
The Act provides criminal penalties, civil recoveries, administrative sanctions and procedural enforcement tools. The statutory design balances coercive instruments with internal review and compensation routes.
Criminal penalties and monetary sanctions
Compliance notice contravention. Failure to comply with a compliance notice is an offence punishable by a maximum penalty of 100 penalty units (s 19(4)). Noncompliance authorised the chief executive to suspend, stop or terminate funding (s 19(5)).
Information and certification requirements. Contravening an information requirement or certification requirement attracts a maximum penalty of 50 penalty units (s 44(1)). Individuals may claim a reasonable excuse where responses would incriminate them (s 44(2)).
Failure to help or answer. Failure to provide reasonable help or to answer questions when required by an authorised officer (ss 40(3)(g) and (h)) is an offence, each with a maximum penalty of 40 penalty units (ss 41 and 42). A reasonable excuse exists if compliance might incriminate the person (ss 41(2), 42(2)).
False or misleading conduct. Giving false or misleading statements to a chief executive or authorised officer attracts a maximum penalty of 40 penalty units (s 48). Providing false or misleading documents also attracts a maximum penalty of 40 penalty units unless the person notified the authority of the falsehood and gave corrected information if available (s 49).
Obstruction and impersonation. Obstructing an authorised officer or interim manager in the exercise of a power carries a maximum penalty of 40 penalty units (ss 50, 67). Impersonating an authorised officer is an offence with a maximum penalty of 40 penalty units (s 51).
Confidentiality breaches. Disclosure of criminal-history or related information contrary to s 91 carries a maximum penalty of 100 penalty units or 2 years imprisonment (s 91(2)). The general confidentiality duty in s 92 carries a maximum penalty of 40 penalty units.
Enforcement mechanisms and remedies
Suspension, stopping and termination of funding. The chief executive may suspend or stop funding and terminate funding agreements to the extent they relate to the funding where the chief executive reasonably believes a funded entity contravened a compliance notice (s 19(5)). The Act does not limit remedies available under the funding agreement (s 11).
Recovery of funds. Unspent funds and funds used for other purposes are declared debts owing to the State and recoverable by the chief executive. Multiple funded entities can be held jointly and severally liable (s 22).
Interim manager appointment and cost recovery. Chief executives can appoint interim managers (ss 20-21). Admin costs paid to interim managers and reasonable costs of administering the manager’s function may be demanded from, and recovered from, the funded entity as a debt (s 71).
Warrants, entry and inspection. Authorised officers may apply for warrants from a magistrate for entry to premises where necessary to protect service users from harm, check compliance with compliance notices, or check compliance with the Disability Services Act 2006 where applicable (s 36). Warrants can authorise use of necessary and reasonable help and force (s 36(3)(b)), and duplicate warrants applied via electronic communication are valid (s 37).
Forfeiture and destruction. On conviction, courts may order forfeiture of things used to commit an offence or that are the subject of an offence and direct disposal or destruction (ss 86-87).
Procedural and evidentiary aspects
Summary proceedings and time limits. Offences under the Act are to be prosecuted summarily under the Justices Act 1886 (s 83). Time for starting proceedings is the later of one year after commission or six months after the complainant knew of the offence but within two years of commission (s 84).
Evidentiary presumptions. Appointments, signature authenticity and certificates purporting to be signed by chief executives are admissible evidence (ss 80-82), simplifying administrative prosecutions.
Delegation and joint exercise. Ministers and chief executives may delegate functions to qualified departmental employees (s 96) and a chief executive of one department may act on behalf of others with written consent (s 89), facilitating joint enforcement action where multiple departments fund an entity.
Compensation and protection for affected persons
Compensation for loss. A person who suffers loss from the exercise or purported exercise of powers under certain divisions may claim compensation from the State (ss 47, 73). Courts have discretion and must be satisfied an order is just in the circumstances.
Protection for officials. Officials acting honestly and without negligence are not civilly liable; liability instead attaches to the State (s 97). Interim managers are similarly protected unless loss results from their dishonesty or negligence (s 97(2)).
Taken together, the Act couples strong administrative enforcement instruments with civil recovery pathways and criminal sanctions for falsehood, obstruction and noncompliance, while preserving internal review rights and limited compensation avenues for those who suffer loss from exercise of powers.
How it interacts with other laws
The Act contains express cross-references, disapplies certain interpretive rules and contains transitional savings tying it to prior regimes. The statutory text itself identifies direct interactions; these are summarised below with section references.
Disability Services Act 2006. Where funded entities received funding to deliver disability services regulated by the Disability Services Act 2006, contraventions of that Act form part of the definition of serious concern, and may ground warrants to check compliance (s 16(d), s 36(1)(c)).
Family Services Act 1987 and transitional provisions. The Act contains multiple transitional provisions preserving written agreements, service agreements and continuance of grants that were in force under the repealed Family Services Act 1987 (Pt 9 Div 1, ss 101-114). For example, agreements in force immediately before commencement continue in force (s 111), and service agreements remain in force with specific terms subject to change (s 112). The unamended Act may continue to apply for contraventions that pre-date certain amendments (s 114).
Working with Children (Risk Management and Screening) Act 2000 and Public Service Act 2008. Transitional amendments concerning criminal-history screening direct that post-amendment assessment pathways for regulated employees be handled under the Working with Children Act or the Public Service Act depending on employment type (s 107). The text also refers readers to the Public Service Act 2008 sections about criminal-history disclosures for departmental employees (s 105).
Acts Interpretation Act 1954. The Act expressly disapplies certain interpretive provisions that would otherwise restrict references to Ministers, chief executives and departments (s 9(4)). The effect is to broaden who can be treated as "the Minister" or "the chief executive" for purposes of administering the Act; the Act itself explains this in s 9(4).
Evidentiary and procedural statutes. Proceedings for offences are to be taken summarily under the Justices Act 1886 (s 83). For matters involving warrant applications or magistrates, the Act requires that magistrates place documents with the clerk of the court of the relevant Magistrates Court (s 37(7)).
Other Acts and confidentiality. The Act’s confidentiality provisions authorise disclosure of information despite other laws that would otherwise prohibit disclosure in specific contexts (s 94(2)). The chief executive may give information about a funded entity to other departments or entities with a proper interest in delivery of services (s 95). The Act also recognises that certain disclosures are permitted if required by an Act or lawful process (ss 69, 92).
Delegation and multi-department funding. Where more than one department funds a funded entity, the chief executive of one department may exercise powers on behalf of others with written consent, facilitating cross-departmental enforcement without duplicating statutory authorisations (s 89).
Regulation-making power. The Governor in Council may make regulations under the Act, including prescribing fees and penalties up to 20 penalty units for contraventions of regulations (s 99). This gives a subordinate law pathway for detailed operational rules.
The Act therefore operates as an overlay on departmental funding arrangements and interacts with pre-existing sectoral laws (notably the Disability Services Act and former Family Services Act), the Public Service Act in screening matters, and court and magistrates procedures. Its express disapplication of certain Acts Interpretation provisions (s 9(4)) and permissive provisions for disclosure (s 94) affect how confidentiality and administrative authority operate across statutory boundaries.
Amendment history
The text supplied records multiple amendments and transitional provisions. Where the statute notes amendment references, the entries below explain what the Act itself records, without attempting to reconstruct legislative history beyond those textual markers.
2014 amendments. Numerous provisions carry amendment notations referencing "2014 No. 12". For example, s 3 records s 3 sub 2014 No. 12 s 5; s 4, s 5, s 7 and many other sections note "sub 2014 No. 12 s 5" or similar annotations. Part 4’s purpose provision was reinserted in 2014 (see s 23 prev/pres notes). Part 5 contains new or amended interim manager provisions (Pt 5 Div 2-4) with amendment annotations to 2014 No. 12 (see, for example, ss 53-59 and s 68-73 with 2014 amendments). Section 32 return of identity card was amended 2013 No. 51 s 20B and later declared omitted and present status notes reference 2014 No. 12 s 77 sch 1.
2010 and 2009 amendments. Several sections show amendments or past provisions tied to 2010 No. 5 and 2009 No. 17. For example, s 22 notes amendment by 2009 No. 17 s 331 sch 1, and multiple transitional provisions in Pt 9 reference enactments such as the Criminal History Screening Legislation Amendment Act 2010. Sections in Pt 9 reflect the transitional architecture created by amendments in 2010 (ss 104-109).
2013 and 2019 amendments. The text notes amendments,e.g., s 32 was subject to change by 2013 No. 51 s 20C. Section 107 includes amendment notes referencing 2010 No. 33 s 117; 2014 No. 28 s 105 sch 1; and 2019 No. 18 s 86(2) sch 2, indicating successive legislative intervention on police information use and transitional handling.
2023 amendment. Section 9 documents a 2023 amendment "amd 2023 No. 23 s 247 sch 1 s 9", which addresses how references to Ministers, chief executives and departments are to be read under this Act and disapplies particular provisions of the Acts Interpretation Act 1954.
Transitional and savings provisions. Part 9 contains detailed transitional provisions for prior Acts and for specific amending Acts. For example, Pt 9 Div 1 contains provisions (ss 100-103) ensuring continuity for service providers previously funded under the Family Services Act 1987. Pt 9 Div 3 addresses transitional matters for the 2014 Communities Legislation (Funding Red Tape Reduction) Amendment Act and contains definitions and provisions preserving certain agreements and authorisations (ss 110-117).
Omitted or relocated material. The statute notes that certain definitions and previous provisions were omitted by amendment (e.g., "The definitions approved service provider, assistance, funded service provider, service agreement and service provider were omitted from this Act by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014" in s 100). Multiple sections have "prev s ..." and "pres s ..." editorial notes indicating relocation or repeal of earlier material.
These annotations indicate that the Act has been the vehicle for at least a decade of adjustments to definitions, procedural arrangements for authorised officers and interim management, transitional arrangements for sectoral funding frameworks, and clarifications on confidentiality and criminal-history screening. The Act as provided contains internal notes showing which sections were revised, inserted, omitted or rephrased by numbered amending Acts; the statute text itself should be consulted for precise operative language as amended (see the amendment notes attached to s 3, s 9, Pt 4 and Pt 5 sections, and Pt 9 transitional provisions).
Litigation history
The supplied statutory text contains no case law citations and does not report any judicial decisions interpreting or applying the Act. The Act does, however, set out dispute resolution and judicial interfaces that would be the locus of litigation or judicial review if disputes arise.
Administrative review and tribunal avenues. The Act identifies decisions that are reviewable by listing them in schedule 1 (s 74). For reviewable decisions, an interested person must receive notice setting out the decision and reasons and is afforded 28 days to apply for an internal review by the chief executive (s 75). The internal review process is mandated to be handled by a different decision-maker than the original decision-maker where practicable (s 78(2)), with a 28-day default decision timeframe (s 78(3)-(5)). The schedule 1 mechanism suggests that litigated disputes are likely to follow exhaustion of internal review remedies before moving to judicial review, administrative appeal to any relevant tribunal (schedule 1 and transitional provisions reference QCAT in some transitional contexts, s 117), or judicial proceedings where legal questions or statutory interpretations arise.
Criminal and summary prosecutions. The Act prescribes that proceedings for offences under the Act be taken summarily under the Justices Act 1886 (s 83). Time limits on starting prosecutions are proscribed (s 84). The evidentiary provisions (ss 80-82) make administrative proof of appointments, notices and records streamlined, which impacts prosecutorial practice in summary matters.
Potential judicial oversight points. The Act creates judicially reviewable points where a magistrate must be satisfied of reasonable grounds before issuing a warrant (s 36) and where courts adjudicate claims for compensation arising from exercise of powers (ss 47, 73). Courts also have the power to order forfeiture following conviction (ss 86-87). Those are procedural and remedial interfaces where litigation may occur.
No cases in the statute text. Because the source material provided contains no case references, this deep dive does not list judicial authorities. Any practitioner seeking reported decisions would need to search Queensland case law for matters referencing this Act, warrants issued under s 36, prosecutions for statutory offences in Pt 7, or compensation claims under ss 47 or 73.
In short, the statute establishes administrative review processes, summary criminal enforcement, and judicial interfaces for warrants, compensation and forfeiture, but the provided text does not itself supply litigation history or judicial interpretations.
Gotchas
The Act contains operational traps and practical friction points for funded entities, departmental officers and advisers. These “gotchas” derive from textual design choices and should be considered in contracting, compliance and risk management.
Application only by declaration, but with retroactivity. The Act applies only to funding that has been declared (s 10(1), s 12), yet if funding is declared after it was provided the Act attaches from the date of declaration and may thus alter obligations mid-stream (s 10(2)). Chief executives must notify funded entities within one month where declaration occurs after funding was provided (s 14), but failure to give that notice does not affect the validity of the funding declaration (s 14(4)). Practical implication: funded entities can become subject to a new regulatory overlay without timely notice and with limited remedy against the validity of the declaration.
Broad ministerial discretion. The Minister has wide latitude in deciding to declare funding, with a non-exhaustive list of considerations that includes "any other matter the Minister considers is relevant" (s 12(3)(f)). That discretion centralises the decision to bring funding into the regime and can change the compliance obligations and enforcement exposure of funded entities.
Serious concern definition mixes governance and safety grounds. The statutory definition of serious concern ranges from misuse of funds and non-delivery through to actual harm to service users and contraventions of the Disability Services Act 2006 (s 16). That means an organisation may face the same series of powers where the problem is financial management as where the problem is client safety.
Compliance notices can trigger suspension and debt recovery. A failure to comply with a compliance notice is an offence with a significant monetary penalty (100 penalty units) (s 19(4)). More critically, the chief executive may suspend or stop funding or terminate the funding agreement where noncompliance is reasonably believed (s 19(5)). Once funding is suspended or the agreement ends, unspent funds are recoverable as a debt (s 22). Practical effect: noncompliance with remedial notices can produce immediate cash flow and insolvency risk.
Joint and several liability. When more than one entity is associated with funds, the Act makes them jointly and severally liable for recovery of unspent or improperly used funds (s 22(5)). For entities in consortiums or subcontracting chains, this can create unanticipated inter-entity exposure.
Interim manager costs charged to funded entity. If an interim manager is appointed, the chief executive may demand payment of administration costs from the funded entity and recover them as a debt (s 71). That means the funded entity bears the cost of the State’s remedial intervention while potentially also facing funding suspension.
Information demands and breadth of inspection powers. Authorised officers can require documents, copies and certified copies, and may remove documents for copying (ss 40, 43). Information requirements for electronic documents require clear images or written versions (s 43(4)). Failure to comply attracts penalties (s 44). Operationally, entities should be prepared for confidentiality issues, data transfer and certification logistics.
Cooperative obligation is non-justiciable. The chief executive or authorised officer must consider cooperation before exercising powers (s 15(1)), but the exercise of a power cannot be challenged merely because that consideration was not complied with (s 15(3)). That reduces the legal protection of entities relying on procedural fairness claims about the cooperative approach.
Warrants: limited grounds but potentially forceful execution. Magistrates must be satisfied of reasonable grounds for harm or severe noncompliance before issuing warrants (s 36), and warrants may authorise entry with necessary and reasonable help and force (s 36(3)). Duplicate warrants issued by phone or electronic communication are valid and the officer must later file the handwritten application (s 37). Practically, this can produce rapid enforcement action in urgent or remote circumstances.
Confidentiality and disclosure protections for whistleblowers. The Act protects persons who, acting honestly on reasonable grounds, disclose information to the chief executive under s 93 from civil or professional liability and grants absolute privilege in defamation for that disclosure (s 94). That reduces the legal hurdles for internal disclosures but also means organisations cannot rely on confidentiality to resist information demands in these contexts.
Review schedule absent from supplied text. Section 74 makes schedule 1 the list of reviewable decisions and identifies interested persons, but the supplied text does not include schedule 1. Practitioners must obtain the schedule to know which decisions attract internal review rights.
These points reduce surprises: declare funding may apply retrospectively; compliance notices and information demands have immediate financial and criminal consequences; authorised officers and interim managers carry broad operational authority; and certain procedural safeguards are limited or non-justiciable.
How to comply
Compliance under the Community Services Act 2007 requires a mix of preventive governance, record-keeping, contractual clarity and ready operational responses to information demands and inspections. The following checklist translates statutory duties into pragmatic actions, referenced to the Act.
Track declarations and publication lists (s 12, s 13, s 10).
Monitor Queensland Government websites and departmental lists of declared funding (s 13). If your funding becomes declared, expect the chief executive to notify you within one month; nevertheless, prepare to comply from the date of declaration because failure to notify does not affect validity (s 14(2), (4)).
Align funding agreements with statutory obligations (ss 8, 11, 15).
Ensure funding agreements explicitly document required deliverables, accountability and reporting expectations consistent with s 8. Preserve remedies and show‑cause procedures but recognise that the Act does not limit remedies available under a funding agreement (s 11), and that a chief executive may choose cooperation routes (s 15).
Implement robust financial controls and segregation (s 16, s 22).
Prevent improper use of funds by segregating declared funding in accounts, maintaining audit trails, and applying expenditure controls that evidence funds were used for the funded product or service. Unspent funds are recoverable as a debt if funding is suspended or the agreement ends (s 22).
Prepare for compliance notices and information requests (ss 19, 43, 44).
Create a designated compliance officer and a rapid-response team to prepare and certify copies of documents and provide required electronic images of files (s 43(4)). Maintain processes to certify true copies if required (s 43(6)). Understand that penalties apply for noncompliance unless a reasonable excuse exists (s 44).
Maintain records and readiness for inspections (ss 40, 72).
Keep up-to-date records of all amounts received and disbursed and be prepared to provide those accounts to a chief executive or interim manager at the end or during an appointment (s 72). Prepare premises for lawful entry: identify non-home premises that are open for business, ensure authorised signage and staff identification, and document consent acknowledgements per s 34.
Manage service-user safety and incident reporting (s 16(c), s 21(2)(a)).
Because "serious concern" includes harm to individuals, maintain incident-reporting protocols, continuous care plans for essential services and risk registers. The chief executive must have regard to likely consequences for service users when considering interim manager appointments (s 21(2)(a)).
Prepare for interim manager scenarios (Pt 5).
Ensure that contracts and internal records are accessible to an interim manager. Understand that the interim manager may use premises, accept payments owing, and exercise powers to maintain service delivery (ss 62-64). Budget for possible administration costs that may be demanded and recovered by the State (s 71).
Protect confidentiality while complying with disclosure rules (ss 69, 91, 92, 94).
Train staff on the scope of statutory confidentiality duties and the statutory protections for disclosures made honestly on reasonable grounds (s 94). Ensure that any staff with access to criminal-history information understand the severe penalty for unlawful disclosure (s 91).
Record and challenge decisions in time (Pt 6).
Where a chief executive’s action is a reviewable decision (schedule 1; s 74), ensure that the interested person receives and retains the notice of decision and reasons (s 75) and that any internal review application is lodged within 28 days (s 76). If staying of an original decision is needed to secure review effectiveness, apply promptly (s 77).
Integrate obligations into procurement and subcontracting (s 90).
Review subcontracting arrangements and obtain chief executive approvals for approved subcontractors where appropriate, because the chief executive need not notify downstream entities that are not approved subcontractors (s 90). Draft subcontract terms to allocate risk for joint and several liability (s 22(5)).
Train staff on interactions with authorised officers (ss 28-31, 33-41).
Ensure nominated staff know to ask to see identity cards (ss 28-29), understand the circumstances for consent, and recognise the consequences of obstruction or false statements (ss 48-50). Keep procedures to record any warrants shown (s 39).
Document policies for responding to requests for police or screening information (Pt 9 transitional rules, ss 104-109).
Where criminal-history screening or related transitional provisions are relevant, follow the directions in Pt 9 and the cross-referenced screening statutes (s 107 and related notes).
Seek early engagement with the department.
Use the cooperative-approach requirement to open lines of communication with chief executive staff where potential issues arise (s 15). Consider joint remedial plans, consent for inspections, or agreed reporting to avoid escalation to compliance notices.
Legal preparedness.
Retain advisers familiar with summary prosecutions, debt recovery and administrative review under the Act. Because evidentiary certificates by chief executives are admissible (s 82), maintain documented contemporaneous records to rebut or respond swiftly in any proceedings.
This operational checklist aligns corporate governance, finance, contracts, compliance and legal teams with the statutory mechanics of the Act. Implementation should be risk-based in light of the potential for suspension, debt recovery, interim management and sanctions outlined in the Act.
(a) the use of public funds for products and services should— (i) advance Queensland’s social, economic and environmental wellbeing; and (ii) respond to the diverse needs of individuals, groups and communities;
(i) advance Queensland’s social, economic and environmental wellbeing; and
(ii) respond to the diverse needs of individuals, groups and communities;
(b) the government should administer funding in a way that— (i) is efficient and transparent; and (ii) involves clear and timely communication; and (iii) promotes excellence in the delivery of products and services; and (iv) provides sustainable service delivery to communities;
(i) is efficient and transparent; and
(ii) involves clear and timely communication; and
(iii) promotes excellence in the delivery of products and services; and
(iv) provides sustainable service delivery to communities;
(c) the contractual arrangements between government and funded entities should reflect a clear and common understanding of— (i) the purpose of the funding; and (ii) the results to be achieved from the funded products and services; and (iii) the intended recipients of the products or services;
(i) the purpose of the funding; and
(ii) the results to be achieved from the funded products and services; and
(iii) the intended recipients of the products or services;
(d) ensuring accountability in the delivery of funded products and services will— (i) protect the safety and interests of users of the products or services, including those who are at risk or are vulnerable; and (ii) help to maintain public confidence about the use of public funds;
(i) protect the safety and interests of users of the products or services, including those who are at risk or are vulnerable; and
(ii) help to maintain public confidence about the use of public funds;
(e) the government and funded entities should recognise each other’s autonomy and accountabilities.
(i) advance Queensland’s social, economic and environmental wellbeing; and
(ii) respond to the diverse needs of individuals, groups and communities;
(i) is efficient and transparent; and
(ii) involves clear and timely communication; and
(iii) promotes excellence in the delivery of products and services; and
(iv) provides sustainable service delivery to communities;
(i) the purpose of the funding; and
(ii) the results to be achieved from the funded products and services; and
(iii) the intended recipients of the products or services;
(i) protect the safety and interests of users of the products or services, including those who are at risk or are vulnerable; and
(ii) help to maintain public confidence about the use of public funds;
sec.5 Finite resources available
sec.5 Finite resources available
In administering this Act, regard must be had to the following—
the State has finite resources available to provide as funding;
there is a need to ensure the State’s resources provided as funding are used properly to deliver funded products and services.
s 5 sub 2014 No. 12 s 5
(a) the State has finite resources available to provide as funding;
(b) there is a need to ensure the State’s resources provided as funding are used properly to deliver funded products and services.
pt.1-div.3 Interpretation
Interpretation
sec.6 Definitions
sec.6 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
s 6 amd 2014 No. 12 s 6
sec.7 Meaning of funded entity and funded product or service
sec.7 Meaning of funded entity and funded product or service
A funded entity is an entity that receives funding provided by a department to deliver a product or service.
A funded product or service , in relation to a funded entity, is a product or service required to be delivered by the funded entity with funding received by the funded entity.
For subsections (1) and (2) , it does not matter whether—
the entity received the funding from the department or from another entity that received the funding from the department; or
the entity has a funding agreement with the department about the funding; or
other funds or resources are also used by the entity to deliver the product or service.
s 7 amd 2008 No. 5 s 32B
sub 2014 No. 12 s 7
(sec.7-ssec.1) A funded entity is an entity that receives funding provided by a department to deliver a product or service.
(sec.7-ssec.2) A funded product or service , in relation to a funded entity, is a product or service required to be delivered by the funded entity with funding received by the funded entity.
(sec.7-ssec.3) For subsections (1) and (2) , it does not matter whether— the entity received the funding from the department or from another entity that received the funding from the department; or the entity has a funding agreement with the department about the funding; or other funds or resources are also used by the entity to deliver the product or service.
(a) the entity received the funding from the department or from another entity that received the funding from the department; or
(b) the entity has a funding agreement with the department about the funding; or
(c) other funds or resources are also used by the entity to deliver the product or service.
sec.8 Meaning of funding and funding agreement
sec.8 Meaning of funding and funding agreement
A department provides funding if the department provides aid or support in the form of money or other assistance to an entity—
to enable the entity to deliver a product or service to the community where the product or service has a social, environmental or economic benefit for Queensland; and
on conditions that—
require specified products or services to be delivered; and
require the entity to be accountable to the department for delivering the products or services and the use of the money or other assistance.
lease of a building
transfer of land
goods or services
in-kind support
A funding agreement is a written agreement with an entity about a department providing funding to the entity.
s 8 sub 2014 No. 12 s 7
(sec.8-ssec.1) A department provides funding if the department provides aid or support in the form of money or other assistance to an entity— to enable the entity to deliver a product or service to the community where the product or service has a social, environmental or economic benefit for Queensland; and on conditions that— require specified products or services to be delivered; and require the entity to be accountable to the department for delivering the products or services and the use of the money or other assistance. lease of a building transfer of land goods or services in-kind support
(sec.8-ssec.2) A funding agreement is a written agreement with an entity about a department providing funding to the entity.
(a) to enable the entity to deliver a product or service to the community where the product or service has a social, environmental or economic benefit for Queensland; and
(b) on conditions that— (i) require specified products or services to be delivered; and (ii) require the entity to be accountable to the department for delivering the products or services and the use of the money or other assistance.
(i) require specified products or services to be delivered; and
(ii) require the entity to be accountable to the department for delivering the products or services and the use of the money or other assistance.
(i) require specified products or services to be delivered; and
(ii) require the entity to be accountable to the department for delivering the products or services and the use of the money or other assistance.
• lease of a building
• transfer of land
• goods or services
• in-kind support
sec.9 References to Minister, chief executive and department
sec.9 References to Minister, chief executive and department
In a provision of this Act—
a reference to a Minister is a reference to a Minister who administers a department, or part of a department, providing funding; and
a reference to a chief executive is a reference to the chief executive of a department providing funding; and
a reference to a department is a reference to a department providing funding.
In a provision about a Minister, a reference to the department is a reference to a department, or part of a department, providing funding that is administered by the Minister.
In a provision about a chief executive, a reference to the department is a reference to the department of which the person is the chief executive.
The Acts Interpretation Act 1954 , sections 33 (2) , 33AA (2) and 33AB (2) do not apply.
The Acts Interpretation Act 1954 , sections 33 , 33AA and 33AB deal with references to Ministers, departments and chief executives. For the purposes of this Act, a reference to, for example, the chief executive is not limited to the chief executive of the public sector unit administering this Act.
s 9 sub 2014 No. 12 s 7
amd 2023 No. 23 s 247 sch 1 s 9
(sec.9-ssec.1) In a provision of this Act— a reference to a Minister is a reference to a Minister who administers a department, or part of a department, providing funding; and a reference to a chief executive is a reference to the chief executive of a department providing funding; and a reference to a department is a reference to a department providing funding.
(sec.9-ssec.2) In a provision about a Minister, a reference to the department is a reference to a department, or part of a department, providing funding that is administered by the Minister.
(sec.9-ssec.3) In a provision about a chief executive, a reference to the department is a reference to the department of which the person is the chief executive.
(sec.9-ssec.4) The Acts Interpretation Act 1954 , sections 33 (2) , 33AA (2) and 33AB (2) do not apply. The Acts Interpretation Act 1954 , sections 33 , 33AA and 33AB deal with references to Ministers, departments and chief executives. For the purposes of this Act, a reference to, for example, the chief executive is not limited to the chief executive of the public sector unit administering this Act.
(a) a reference to a Minister is a reference to a Minister who administers a department, or part of a department, providing funding; and
(b) a reference to a chief executive is a reference to the chief executive of a department providing funding; and
(c) a reference to a department is a reference to a department providing funding.
pt.2 General provisions about funding
General provisions about funding
sec.10 Application of Act
sec.10 Application of Act
This Act applies in relation to funding provided by a department that is the subject of a funding declaration.
To remove any doubt, it is declared that, if the funding was not the subject of a funding declaration when it was provided, this Act applies in relation to the funding from when it becomes the subject of a funding declaration.
s 10 sub 2014 No. 12 s 8
(sec.10-ssec.1) This Act applies in relation to funding provided by a department that is the subject of a funding declaration.
(sec.10-ssec.2) To remove any doubt, it is declared that, if the funding was not the subject of a funding declaration when it was provided, this Act applies in relation to the funding from when it becomes the subject of a funding declaration.
sec.11 Act does not limit other remedies or powers
sec.11 Act does not limit other remedies or powers
This Act does not limit—
a remedy available to a chief executive under a funding agreement; or
a chief executive’s powers apart from this Act; or
the powers that may be exercised in relation to a funded entity under another Act.
s 11 sub 2014 No. 12 s 8
(a) a remedy available to a chief executive under a funding agreement; or
(b) a chief executive’s powers apart from this Act; or
(c) the powers that may be exercised in relation to a funded entity under another Act.
sec.12 Minister may declare funding to which this Act applies
sec.12 Minister may declare funding to which this Act applies
A Minister may, by notice (a funding declaration ) published on a Queensland Government website, declare funding to be funding to which this Act applies.
A funding declaration may relate to—
funding provided, or available to be provided, under a program of funding administered by the department; or
funding provided, or to be provided, to an entity on a one-off basis.
In deciding whether to make a funding declaration, the Minister may consider the following matters—
the nature of—
the product or service to be delivered with the funding; and
the service provider market; and
the entity or entities to be provided with the funding;
the importance of the product or service to meeting the needs of individuals, groups and the community;
the chara
This is an opening excerpt, not the complete document.