Family and Community Services Act 1972
Div 3Contracts for services
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Division 3—Contracts for services 24—The Minister may enter into agreements for services (1) The Minister may enter into agreements for the provision or promotion of family or community welfare services or other related services. (2) Subject to subsection (3), the Minister may enter into such an agreement with— (a) a person or group of persons with appropriate experience, qualifications or expertise in the provision or promotion of the relevant services; or (b) an organisation, established for the purpose of providing or promoting family or community welfare services, or other related services, that employs staff with appropriate experience, qualifications or expertise in the provision or promotion of the relevant services; or (c) a local government authority. (3) The Minister should avoid, so far as practicable, entering into agreements providing for long-term care of persons in need of such care unless satisfied that the other parties to the agreement do not enter into those agreements with the object of making a profit. Part 4—Support services for children Division 2—Services and facilities for children Subdivision 2—Establishment of certain facilities and programmes for children 36—Establishment of facilities and programmes for children (1) The Minister will establish— (b) such residential care facilities and other facilities and programmes as the Minister thinks necessary or desirable for children who are in need of care and protection; and (c) such other facilities or programmes for the care, support, assistance or welfare of children as the Minister thinks fit. (2) A residential care facility or other facility established under this section will be under the control of the Minister, and the Chief Executive must ensure that proper standards of administration are observed in the management of every such facility. (3) All members of Parliament, judges and any other person authorised in writing by the Minister are entitled to visit a residential care facility or other facility established under this section. Part 6—Maintenance obligation Division 1—Maintenance orders Subdivision 1—Orders with respect to children 98—Liability of near relatives for maintenance of child (1) The near relatives of any child (including a child under the guardianship of the Minister or the Chief Executive under the Children and Young People (Safety) Act 2017) are liable to pay for, or contribute towards, the cost of maintenance of the child according to their respective financial capacities. (2) The parents of a child are primarily liable under subsection (1) to pay for the maintenance of the child and any step-parent of the child is liable to pay for, or contribute towards, its maintenance only in the event of the death, disappearance (reasonable inquiries having been made) or financial incapacity of the parents or any combination of those circumstances applying in relation to the parents. 99—Issue of summons for maintenance (1) Upon complaint that any person is a near relative of a child, and is able to pay for or contribute towards the maintenance or past maintenance of the child, any justice may summon that person to appear before the Magistrates Court, at a time and place to be specified in the summons, to show cause why the person should not pay for or contribute towards, the past or future maintenance of the child. (2) A complaint under this section in respect of a child under the guardianship of the Minister or the Chief Executive under the Children and Young People (Safety) Act 2017 will be made by the Minister. (3) A justice may, instead of issuing a summons, issue a warrant for the apprehension of any person against whom a complaint has been made under this section, and for the person's detention until the hearing of the complaint, unless that person enters into a bond with or without guarantors, in such sum or sums as the justice directs, conditioned upon the person's appearance at the hearing of the complaint. 100—Order for payment of maintenance (1) At the time and place appointed for the hearing of the complaint the court may adjourn the hearing, and may summon any other persons alleged to be near relatives to appear at the time appointed for the adjourned hearing; and may, at the original or any adjourned hearing, if it is satisfied that the persons summoned, or any of them, are near relatives of the child, and are able to pay for, or contribute towards, the past or future maintenance of the child, order payment to be made by those near relatives, or one or more of them— (a) of such sum (which the court may order to be paid by instalments) for past maintenance of the child as the court considers sufficient; and (b) of such weekly or other periodical sum for the future maintenance of the child, and for such period, as the court considers sufficient. (2) If an order is made against two or more near relatives, the sums or proportions payable by each will be fixed by the court. (3) Notwithstanding any provision in any other Act to the contrary, an order for the payment of money for past maintenance under this section is not limited to payment of money for maintenance in respect of the period of six months prior to the making of the complaint, but may also relate to the payment of money for maintenance in respect of any prior period. 101—Complaints in respect of maintenance of two or more children (1) Where a person is a near relative of two or more children, a complaint under this Division may be made against that person in relation to the maintenance of all or any of the children; and the court may, upon that complaint, make orders in accordance with this Division for the payment of money for the maintenance of all or any of the children. (2) A separate order must be made in respect of each child for whose maintenance a payment is ordered. (3) A complaint under this Division may be made against any number of persons alleged to be liable for the maintenance of the same children.