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Queensland act
What the law does, mechanically
Establishes the Family Responsibilities Commission (the commission), its commissioner, deputy commissioners, local commissioners, a registry and a Family Responsibilities Board (secs 9–12, 32, 116–118). The commissioner runs the commission, appoints local commissioners for particular welfare reform community areas, and delegates some functions (secs 22–25, 51).
Creates a procedure for a set of government and service agencies to notify the commission about specified problems ("agency notices"). Notifying matters include repeated unexplained school absence, non‑enrolment, child safety notifications, certain court convictions or protection orders, police protection directions, and certain social housing tenancy breaches (secs 40–44, 42–43A). Notices must be in approved forms and given within prescribed time limits.
Requires the commissioner to decide whether a "relevant person" in an agency notice is a "community member" (people who are welfare recipients and who live or have lived in a prescribed welfare reform community area) before the commission may take action (secs 7–8A, 48–49).
Gives the commission power to hold conferences with the person the notice concerns (the conference is intended to be informal but must observe natural justice) and to make decisions after the conference. Conferences are usually made up of the commissioner plus two local commissioners for the area (secs 46–51, 56–61).
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Direct links to the current provisions in Family Responsibilities Commission Act 2008.
This Act may be cited as the Family Responsibilities Commission Act 2008 .
This Act, other than the following provisions, commences on a day to be fixed by proclamation— section 6 ; section 94 ; schedule, to the extent it inserts the definitions compulsory school age , education chief executive , non-State school , school and State school .
This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act. (sec.3-ssec.1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (sec.3-ssec.2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.
The main objects of this Act are— to support the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and to help people in welfare reform community areas to resume primary responsibility for the wellbeing of their community and the individuals and families of the community. The objects are to be achieved mainly by establishing the Family Responsibilities Commission— to hold conferences about agency notices; and to deal with the matters to which the notices relate in a way that— encourages community members the subject of a conference to engage in socially responsible standards of behaviour; and promotes the interests, rights and wellbeing of children and other vulnerable persons living in a welfare reform community area. (sec.4-ssec.1) The main objects of this Act are— to support the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and to help people in welfare reform community areas to resume primary responsibility for the wellbeing of their community and the individuals and families of the community. (sec.4-ssec.2) The objects are to be achieved mainly by establishing the Family Responsibilities Commission— to hold conferences about agency notices; and to deal with the matters to which the notices relate in a way that— encourages community members the subject of a conference to engage in socially responsible standards of behaviour; and promotes the interests, rights and wellbeing of children and other vulnerable persons living in a welfare reform community area.
The Act is to be administered under the principle that the wellbeing and best interests of a child are paramount. Subject to subsection (1) , this Act is also to be administered under the following principles— in a conference about an agency notice, the commission should deal with the matters to which the notice relates in a way that— facilitates early intervention in relation to the matters; and supports the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and makes appropriate use of community support services; in a conference about an agency notice involving a child, the child’s views and wishes should be taken into account in a way that has regard to the child’s age and ability to understand; Aboriginal tradition and Island custom must be taken into account in matters involving Aboriginal people or Torres Strait Islanders; the commission should deal with agency notices in a timely way. (sec.5-ssec.1) The Act is to be administered under the principle that the wellbeing and best interests of a child are paramount. (sec.5-ssec.2) Subject to subsection (1) , this Act is also to be administered under the following principles— in a conference about an agency notice, the commission should deal with the matters to which the notice relates in a way that— facilitates early intervention in relation to the matters; and supports the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and makes appropriate use of community support services; in a conference about an agency notice involving a child, the child’s views and wishes should be taken into account in a way that has regard to the child’s age and ability to understand; Aboriginal tradition and Island custom must be taken into account in matters involving Aboriginal people or Torres Strait Islanders; the commission should deal with agency notices in a timely way.
The dictionary in the schedule defines particular words used in this Act.
A person is a community member if— the person is a welfare recipient; and either— the person’s usual place of residence is, or was on the commencement of this section, in a welfare reform community area; or the person has, at any time after the commencement of this section, lived in a welfare reform community area for at least 3 months.
A person is a welfare recipient if— under the Social Security Administration Act , part 3B , the person or the person’s partner is an eligible recipient of a category P welfare payment; or under the Social Security Administration Act , part 3B , neither the person nor the person’s partner is an eligible recipient of a category P welfare payment, but the person or the person’s partner is an eligible recipient of a category R welfare payment. s 8 amd 2011 No. 35 s 3 ; 2015 No. 30 s 2 sch 1
A welfare reform community area is an area prescribed by regulation as a welfare reform community area. Before recommending to the Governor in Council that an area be prescribed as a welfare reform community area the Minister must have regard to the main objects of this Act. s 8A ins 2014 No. 54 s 4 (sec.8A-ssec.1) A welfare reform community area is an area prescribed by regulation as a welfare reform community area. (sec.8A-ssec.2) Before recommending to the Governor in Council that an area be prescribed as a welfare reform community area the Minister must have regard to the main objects of this Act.
The Family Responsibilities Commission is established.
The commission has the following functions— to hold conferences and make decisions under this Act about agency notices in relation to community members; to deal with, under part 7 , division 2 , a person’s noncompliance with a case plan; to hear applications to the commission to amend or end a family responsibilities agreement or family responsibilities order. The commission also has the other functions given to the commission under this or another Act. s 10 amd 2010 No. 42 s 50 (sec.10-ssec.1) The commission has the following functions— to hold conferences and make decisions under this Act about agency notices in relation to community members; to deal with, under part 7 , division 2 , a person’s noncompliance with a case plan; to hear applications to the commission to amend or end a family responsibilities agreement or family responsibilities order. (sec.10-ssec.2) The commission also has the other functions given to the commission under this or another Act.
The commission has the powers necessary or convenient to perform the commission’s functions. The commission also has the other powers given to the commission under this or another Act. (sec.11-ssec.1) The commission has the powers necessary or convenient to perform the commission’s functions. (sec.11-ssec.2) The commission also has the other powers given to the commission under this or another Act.
The members of the commission are— the commissioner; and the deputy commissioners, if deputy commissioners are appointed; and the local commissioners. The commission members are to be appointed by the Governor in Council. The Minister may recommend to the Governor in Council for appointment as many deputy commissioners or local commissioners as the Minister considers necessary to ensure the effective and efficient operation of the commission. A local commissioner is to be appointed as a local commissioner for a particular welfare reform community area. All commission members are appointed under this Act and not the Public Sector Act 2022 . s 12 amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3 (sec.12-ssec.1) The members of the commission are— the commissioner; and the deputy commissioners, if deputy commissioners are appointed; and the local commissioners. (sec.12-ssec.2) The commission members are to be appointed by the Governor in Council. (sec.12-ssec.3) The Minister may recommend to the Governor in Council for appointment as many deputy commissioners or local commissioners as the Minister considers necessary to ensure the effective and efficient operation of the commission. (sec.12-ssec.4) A local commissioner is to be appointed as a local commissioner for a particular welfare reform community area. (sec.12-ssec.5) All commission members are appointed under this Act and not the Public Sector Act 2022 .
Before selecting a person for recommendation to the Governor in Council for appointment as the commissioner or a deputy commissioner, the Minister must consult with the board about the proposed appointment.
This section applies for selecting persons for recommendation to the Governor in Council for appointment as local commissioners for a welfare reform community area. The Minister must ask the community justice group for the area, or if there is no community justice group for the area, as many relevant community groups for the area as the Minister considers appropriate, to nominate persons the group or groups consider suitable for appointment as local commissioners for the area. In nominating a person under this section, a community justice group or relevant community group— must have regard to the matters mentioned in section 18 about a person’s eligibility for appointment as a local commissioner; and must give the Minister a notice stating the group is satisfied the person is a suitable person to perform the duties of a local commissioner. A person nominated by a community justice group or relevant community group may, but need not be, a member of the group. If the Minister considers not enough eligible persons are nominated for appointment as local commissioners for a welfare reform community area, the Minister may nominate persons the Minister considers suitable for appointment. In selecting persons for recommendation to the Governor in Council for appointment as local commissioners for a welfare reform community area, the Minister must— if practicable— ensure the local commissioners for the area represent the clan or family groups in the area; and subject to subsection (5) , only select persons nominated by a community justice group or relevant community group; and have regard to the need to have both male and female local commissioners for conferences. (sec.14-ssec.1) This section applies for selecting persons for recommendation to the Governor in Council for appointment as local commissioners for a welfare reform community area. (sec.14-ssec.2) The Minister must ask the community justice group for the area, or if there is no community justice group for the area, as many relevant community groups for the area as the Minister considers appropriate, to nominate persons the group or groups consider suitable for appointment as local commissioners for the area. (sec.14-ssec.3) In nominating a person under this section, a community justice group or relevant community group— must have regard to the matters mentioned in section 18 about a person’s eligibility for appointment as a local commissioner; and must give the Minister a notice stating the group is satisfied the person is a suitable person to perform the duties of a local commissioner. (sec.14-ssec.4) A person nominated by a community justice group or relevant community group may, but need not be, a member of the group. (sec.14-ssec.5) If the Minister considers not enough eligible persons are nominated for appointment as local commissioners for a welfare reform community area, the Minister may nominate persons the Minister considers suitable for appointment. (sec.14-ssec.6) In selecting persons for recommendation to the Governor in Council for appointment as local commissioners for a welfare reform community area, the Minister must— if practicable— ensure the local commissioners for the area represent the clan or family groups in the area; and subject to subsection (5) , only select persons nominated by a community justice group or relevant community group; and have regard to the need to have both male and female local commissioners for conferences.
A commission member is appointed for the term stated in the member’s instrument of appointment.
A commission member is to be paid the remuneration and allowances decided by the Governor in Council. A commission member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. (sec.16-ssec.1) A commission member is to be paid the remuneration and allowances decided by the Governor in Council. (sec.16-ssec.2) A commission member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
A person is eligible for appointment as the commissioner or a deputy commissioner only if— the person is a lawyer of a least 5 years standing; and the Minister considers the person has an appropriate understanding of the history and culture of Aboriginal people and Torres Strait Islanders; and the Minister considers the person has— appropriate experience in mediation or alternative dispute resolution; or other knowledge or experience making the person appropriate to be the commissioner or a deputy commissioner.
A person is eligible for appointment as a local commissioner only if— the person is an Aboriginal person or Torres Strait Islander who— is a member of a community justice group or relevant community group; or is an elder or other respected person of a welfare reform community area; or is another person who the Minister is satisfied is of good standing and lives in, or has a close connection with, a welfare reform community area; and the Minister is satisfied the person is a suitable person to perform the duties of a local commissioner.
A person can not become, or continue as, the commissioner or a deputy commissioner if— the person— is, or has been, convicted of an offence and the conviction is not a spent conviction; or is an insolvent under administration within the meaning of the Corporations Act , section 9 ; or is a public service employee, a police officer or an employee of the Commonwealth public service; or at any time after 5 years before the commencement of this section, a protection order has been made against the person; or the Minister has received a notice from the child protection chief executive under section 28 advising the Minister that the child protection chief executive considers the person may pose a risk to a child’s safety. Also, a person can not become the commissioner or a deputy commissioner if the person does not consent to the Minister requesting— a report about the person’s criminal history and domestic violence history under section 27 ; or a notice about the person under section 28 . In this section— offence means— an indictable offence; or an offence under the Drugs Misuse Act 1986 , other than an indictable offence; or an offence under the Liquor Act 1992 , section 168B . (sec.19-ssec.1) A person can not become, or continue as, the commissioner or a deputy commissioner if— the person— is, or has been, convicted of an offence and the conviction is not a spent conviction; or is an insolvent under administration within the meaning of the Corporations Act , section 9 ; or is a public service employee, a police officer or an employee of the Commonwealth public service; or at any time after 5 years before the commencement of this section, a protection order has been made against the person; or the Minister has received a notice from the child protection chief executive under section 28 advising the Minister that the child protection chief executive considers the person may pose a risk to a child’s safety. (sec.19-ssec.2) Also, a person can not become the commissioner or a deputy commissioner if the person does not consent to the Minister requesting— a report about the person’s criminal history and domestic violence history under section 27 ; or a notice about the person under section 28 . (sec.19-ssec.3) In this section— offence means— an indictable offence; or an offence under the Drugs Misuse Act 1986 , other than an indictable offence; or an offence under the Liquor Act 1992 , section 168B .
A person can not become, or continue as, a local commissioner if— the person— is, or has been, convicted of a serious offence and the conviction is not a spent conviction; or is an insolvent under administration within the meaning of the Corporations Act , section 9 ; or is, or has been, the subject of a family responsibilities agreement or a decision of the commission under section 69 (1) (b) ; or a protection order has been made against the person at any time during— 5 years before the person is proposed to be appointed under section 12 (2) ; or the person’s term of appointment; or the Minister has received a notice from the child protection chief executive under section 28 advising the Minister that the child protection chief executive considers the person may pose a risk to a child’s safety. Also, a person can not become a local commissioner if the person does not consent to the Minister requesting— a report about the person’s criminal history and domestic violence history under section 27 ; or a notice about the person under section 28 . In this section— serious offence means— a serious violent offence of which an offender is convicted under the Penalties and Sentences Act 1992 , section 161A ; or a serious offence or a disqualifying offence under the Working with Children Check Act 2000 , other than an offence mentioned in paragraph (a) ; or an offence under the Drugs Misuse Act 1986 , other than an offence mentioned in paragraph (a) or (b) ; or an offence under the Liquor Act 1992 , section 168B . s 20 amd 2014 No. 28 s 105 sch 1 ; 2014 No. 54 s 5 ; 2024 No. 50 s 140 sch 1 ; 2024 No. 49 s 130 s ch 4 pt 1 (sec.20-ssec.1) A person can not become, or continue as, a local commissioner if— the person— is, or has been, convicted of a serious offence and the conviction is not a spent conviction; or is an insolvent under administration within the meaning of the Corporations Act , section 9 ; or is, or has been, the subject of a family responsibilities agreement or a decision of the commission under section 69 (1) (b) ; or a protection order has been made against the person at any time during— 5 years before the person is proposed to be appointed under section 12 (2) ; or the person’s term of appointment; or the Minister has received a notice from the child protection chief executive under section 28 advising the Minister that the child protection chief executive considers the person may pose a risk to a child’s safety. (sec.20-ssec.2) Also, a person can not become a local commissioner if the person does not consent to the Minister requesting— a report about the person’s criminal history and domestic violence history under section 27 ; or a notice about the person under section 28 . (sec.20-ssec.3) In this section— serious offence means— a serious violent offence of which an offender is convicted under the Penalties and Sentences Act 1992 , section 161A ; or a serious offence or a disqualifying offence under the Working with Children Check Act 2000 , other than an offence mentioned in paragraph (a) ; or an offence under the Drugs Misuse Act 1986 , other than an offence mentioned in paragraph (a) or (b) ; or an offence under the Liquor Act 1992 , section 168B .
The office of a commission member becomes vacant if the member— resigns the member’s office by signed notice of resignation given to— for the commissioner or a deputy commissioner—the Minister; or for a local commissioner—the commissioner; or can not continue as a member under section 19 or 20 ; or is removed from office by the Governor in Council under subsection (2) . The Governor in Council may remove a commission member from office if the member— is incapable of properly discharging the commission’s functions; or is performing the member’s duties— carelessly, incompetently or inefficiently; or without proper regard to the principles stated in section 5 . (sec.21-ssec.1) The office of a commission member becomes vacant if the member— resigns the member’s office by signed notice of resignation given to— for the commissioner or a deputy commissioner—the Minister; or for a local commissioner—the commissioner; or can not continue as a member under section 19 or 20 ; or is removed from office by the Governor in Council under subsection (2) . (sec.21-ssec.2) The Governor in Council may remove a commission member from office if the member— is incapable of properly discharging the commission’s functions; or is performing the member’s duties— carelessly, incompetently or inefficiently; or without proper regard to the principles stated in section 5 .
The commissioner has the following functions— ensuring the efficient and quick discharge of the commission’s business; ensuring the local commissioners and the staff of the registry receive regular and appropriate training; preparing the annual report; making commission guidelines; carrying out the activities the commissioner reasonably considers necessary to achieve the objects of this Act. The commissioner also has the other functions given to the commissioner under this or another Act. (sec.22-ssec.1) The commissioner has the following functions— ensuring the efficient and quick discharge of the commission’s business; ensuring the local commissioners and the staff of the registry receive regular and appropriate training; preparing the annual report; making commission guidelines; carrying out the activities the commissioner reasonably considers necessary to achieve the objects of this Act. (sec.22-ssec.2) The commissioner also has the other functions given to the commissioner under this or another Act.
The commissioner has the powers necessary or convenient to perform the commissioner’s functions. The commissioner also has the other powers given to the commissioner under this or another Act. (sec.23-ssec.1) The commissioner has the powers necessary or convenient to perform the commissioner’s functions. (sec.23-ssec.2) The commissioner also has the other powers given to the commissioner under this or another Act.
The commissioner may delegate the commissioner’s functions under this Act to a deputy commissioner. Also, the commissioner may delegate the commissioner’s functions under this Act, other than a function under a prescribed provision, to the registrar. In addition, the commissioner may delegate the commissioner’s functions for a conference to the chairperson of the commission for the conference if— the commissioner makes a direction under section 50A (1) for the conference; and the chairperson is appropriately qualified to perform the commissioner’s functions for the conference. For subsection (2A) , the commissioner’s functions are the commissioner’s functions for endorsing a requirement for a person to be subject to income management. In this section— functions includes powers. prescribed provision means section 49 , 50 , 51 , 53 , 68 (9) , 85 , 98 or 108 (2) . s 24 amd 2015 No. 30 s 3 (sec.24-ssec.1) The commissioner may delegate the commissioner’s functions under this Act to a deputy commissioner. (sec.24-ssec.2) Also, the commissioner may delegate the commissioner’s functions under this Act, other than a function under a prescribed provision, to the registrar. (sec.24-ssec.2A) In addition, the commissioner may delegate the commissioner’s functions for a conference to the chairperson of the commission for the conference if— the commissioner makes a direction under section 50A (1) for the conference; and the chairperson is appropriately qualified to perform the commissioner’s functions for the conference. (sec.24-ssec.2B) For subsection (2A) , the commissioner’s functions are the commissioner’s functions for endorsing a requirement for a person to be subject to income management. (sec.24-ssec.3) In this section— functions includes powers. prescribed provision means section 49 , 50 , 51 , 53 , 68 (9) , 85 , 98 or 108 (2) .
A deputy commissioner, nominated by the Minister, is to act as the commissioner if— the commissioner is not available to perform the commissioner’s functions; or there is a vacancy in the office of the commissioner. This section does not limit the Acts Interpretation Act 1954 , section 24B . (sec.25-ssec.1) A deputy commissioner, nominated by the Minister, is to act as the commissioner if— the commissioner is not available to perform the commissioner’s functions; or there is a vacancy in the office of the commissioner. (sec.25-ssec.2) This section does not limit the Acts Interpretation Act 1954 , section 24B .
In performing or exercising its functions or powers, the commission— must act independently and impartially; and is not subject to direction by the Minister. A commission member, in exercising the member’s functions or powers, is not subject to direction by the Minister. (sec.26-ssec.1) In performing or exercising its functions or powers, the commission— must act independently and impartially; and is not subject to direction by the Minister. (sec.26-ssec.2) A commission member, in exercising the member’s functions or powers, is not subject to direction by the Minister.
To decide whether a person is disqualified from membership of the commission under section 19 (1) (a) (i) or (b) or section 20 (1) (a) (i) or (b), the Minister may ask the commissioner of police for— a written report about the person’s criminal history or domestic violence history; and if the request is about the person’s criminal history—a brief description of the circumstances of a conviction mentioned in the criminal history. The commissioner of police must comply with the request. However, the Minister may make a request under subsection (1) about a person who is not a commission member only if the person has given the Minister written consent for the request. The duty imposed on the commissioner of police to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access. If the Minister receives a report about a person under this section, the Minister must give a copy of the report to the person. The Minister must ensure a report given to the Minister under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. (sec.27-ssec.1) To decide whether a person is disqualified from membership of the commission under section 19 (1) (a) (i) or (b) or section 20 (1) (a) (i) or (b), the Minister may ask the commissioner of police for— a written report about the person’s criminal history or domestic violence history; and if the request is about the person’s criminal history—a brief description of the circumstances of a conviction mentioned in the criminal history. (sec.27-ssec.2) The commissioner of police must comply with the request. (sec.27-ssec.3) However, the Minister may make a request under subsection (1) about a person who is not a commission member only if the person has given the Minister written consent for the request. (sec.27-ssec.4) The duty imposed on the commissioner of police to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access. (sec.27-ssec.5) If the Minister receives a report about a person under this section, the Minister must give a copy of the report to the person. (sec.27-ssec.6) The Minister must ensure a report given to the Minister under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
To decide whether a person is disqualified from membership of the commission under section 19 (1) (c) or 20 (1) (c) , the Minister may ask the child protection chief executive to give the Minister a notice about whether the child protection chief executive considers the person may pose a risk to a child’s safety. The child protection chief executive must comply with the request. Also, if the child protection chief executive considers a person who is a commission member may pose a risk to a child’s safety, the child protection chief executive must give the Minister a notice stating the child protection chief executive considers the person may pose a risk to a child’s safety. In considering whether, in the child protection chief executive’s opinion, a person may pose a risk to a child’s safety, the child protection chief executive may have regard to any information that— is in the child protection chief executive’s possession or to which the child protection chief executive has access; and has been obtained under the Child Protection Act 1999 . The Minister may make a request under subsection (1) about a person who is not a commission member only if the person has given the Minister written consent for the request. The duty imposed on the child protection chief executive under this section applies only to information in the child protection chief executive’s possession or to which the child protection chief executive has access. If the Minister receives a notice about a person under this section, the Minister must give a copy of the notice to the person. The Minister must ensure a notice given to the Minister under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. (sec.28-ssec.1) To decide whether a person is disqualified from membership of the commission under section 19 (1) (c) or 20 (1) (c) , the Minister may ask the child protection chief executive to give the Minister a notice about whether the child protection chief executive considers the person may pose a risk to a child’s safety. (sec.28-ssec.2) The child protection chief executive must comply with the request. (sec.28-ssec.3) Also, if the child protection chief executive considers a person who is a commission member may pose a risk to a child’s safety, the child protection chief executive must give the Minister a notice stating the child protection chief executive considers the person may pose a risk to a child’s safety. (sec.28-ssec.4) In considering whether, in the child protection chief executive’s opinion, a person may pose a risk to a child’s safety, the child protection chief executive may have regard to any information that— is in the child protection chief executive’s possession or to which the child protection chief executive has access; and has been obtained under the Child Protection Act 1999 . (sec.28-ssec.5) The Minister may make a request under subsection (1) about a person who is not a commission member only if the person has given the Minister written consent for the request. (sec.28-ssec.6) The duty imposed on the child protection chief executive under this section applies only to information in the child protection chief executive’s possession or to which the child protection chief executive has access. (sec.28-ssec.7) If the Minister receives a notice about a person under this section, the Minister must give a copy of the notice to the person. (sec.28-ssec.8) The Minister must ensure a notice given to the Minister under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
If there is a change in the criminal history or domestic violence history of the commissioner or a deputy commissioner, the commissioner or deputy commissioner must, unless the commissioner or deputy commissioner has a reasonable excuse, immediately disclose the change to the Minister. Maximum penalty—100 penalty units. If there is a change in the criminal history or domestic violence history of a local commissioner, the local commissioner must, unless the local commissioner has a reasonable excuse, immediately disclose the change to the commissioner. Maximum penalty—100 penalty units. Immediately after a local commissioner discloses a change in criminal history or domestic violence history to the commissioner under subsection (2) , the commissioner must give the Minister notice of the disclosure. Maximum penalty—100 penalty units. For a person who does not have a criminal history or domestic violence history, there is taken to be a change in the person’s criminal history or domestic violence history if the person acquires a criminal history or domestic violence history. To comply with subsection (1) or (2) — the information disclosed by the person about a conviction for an offence in the person’s criminal history must include the following— the existence of the conviction; when the offence was committed; details adequate to identify the offence; whether or not a conviction was recorded; the sentence imposed on the person; and the information disclosed by the person about a protection order for the person’s domestic violence history must include the following— the existence of the protection order; when the protection order was made against the person. (sec.29-ssec.1) If there is a change in the criminal history or domestic violence history of the commissioner or a deputy commissioner, the commissioner or deputy commissioner must, unless the commissioner or deputy commissioner has a reasonable excuse, immediately disclose the change to the Minister. Maximum penalty—100 penalty units. (sec.29-ssec.2) If there is a change in the criminal history or domestic violence history of a local commissioner, the local commissioner must, unless the local commissioner has a reasonable excuse, immediately disclose the change to the commissioner. Maximum penalty—100 penalty units. (sec.29-ssec.3) Immediately after a local commissioner discloses a change in criminal history or domestic violence history to the commissioner under subsection (2) , the commissioner must give the Minister notice of the disclosure. Maximum penalty—100 penalty units. (sec.29-ssec.4) For a person who does not have a criminal history or domestic violence history, there is taken to be a change in the person’s criminal history or domestic violence history if the person acquires a criminal history or domestic violence history. (sec.29-ssec.5) To comply with subsection (1) or (2) — the information disclosed by the person about a conviction for an offence in the person’s criminal history must include the following— the existence of the conviction; when the offence was committed; details adequate to identify the offence; whether or not a conviction was recorded; the sentence imposed on the person; and the information disclosed by the person about a protection order for the person’s domestic violence history must include the following— the existence of the protection order; when the protection order was made against the person.
The commission is a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 (the SBFA ). The SBFA , part 2B sets out the way in which the commission’s powers under this Act are affected by that Act. s 30 sub 2008 No. 38 s 252 sch 3 amd 2009 No. 9 s 136 sch 1 (sec.30-ssec.1) The commission is a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 (the SBFA ). (sec.30-ssec.2) The SBFA , part 2B sets out the way in which the commission’s powers under this Act are affected by that Act.
The commission is not a tribunal for the purposes of the Ombudsman Act 2001 , section 16 (2) (a) .
The Family Responsibilities Commission Registry is established. The registry is the registry for the commission. (sec.32-ssec.1) The Family Responsibilities Commission Registry is established. (sec.32-ssec.2) The registry is the registry for the commission.
The registry consists of— the registrar; and the other staff of the registry necessary for the commission to effectively and efficiently perform its functions. The staff of the registry must include a local registry coordinator appointed for each welfare reform community area. The registrar and the other staff are to be appointed under the Public Sector Act 2022 . s 33 amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3 (sec.33-ssec.1) The registry consists of— the registrar; and the other staff of the registry necessary for the commission to effectively and efficiently perform its functions. (sec.33-ssec.2) The staff of the registry must include a local registry coordinator appointed for each welfare reform community area. (sec.33-ssec.3) The registrar and the other staff are to be appointed under the Public Sector Act 2022 .
A person is eligible for appointment as the registrar only if the person— has an appropriate understanding of the history and culture of Aboriginal people and Torres Strait Islanders; and is— a lawyer; or otherwise—appropriately qualified to perform the functions of the registrar. s 34 amd 2015 No. 30 s 4
Subject to the directions of the commissioner, the registrar is responsible for managing the registry and the administrative affairs of the commission. The registrar has all the following functions— providing administrative support to the commission to help the commission hold conferences; keeping the records and information the registrar or the commissioner considers appropriate; coordinating the provision of appropriate support or training for local commissioners and the staff of the registry; helping the commissioner prepare the annual report and make commission guidelines; preparing case plans relating to a person’s attendance at a community support service; if, under a family responsibilities agreement or family responsibilities order, a person is required to attend a community support service under a case plan—monitoring the person’s compliance with the plan; if the registrar monitors a person’s compliance with a case plan—giving the commission reports about the person’s compliance; collecting statistical data and other information relevant to the operation of the commission for inclusion in the annual report; performing other functions the registrar or commissioner considers appropriate for the effective and efficient operation of the commission; any other functions given under this Act. (sec.35-ssec.1) Subject to the directions of the commissioner, the registrar is responsible for managing the registry and the administrative affairs of the commission. (sec.35-ssec.2) The registrar has all the following functions— providing administrative support to the commission to help the commission hold conferences; keeping the records and information the registrar or the commissioner considers appropriate; coordinating the provision of appropriate support or training for local commissioners and the staff of the registry; helping the commissioner prepare the annual report and make commission guidelines; preparing case plans relating to a person’s attendance at a community support service; if, under a family responsibilities agreement or family responsibilities order, a person is required to attend a community support service under a case plan—monitoring the person’s compliance with the plan; if the registrar monitors a person’s compliance with a case plan—giving the commission reports about the person’s compliance; collecting statistical data and other information relevant to the operation of the commission for inclusion in the annual report; performing other functions the registrar or commissioner considers appropriate for the effective and efficient operation of the commission; any other functions given under this Act.
The registrar has the powers reasonably necessary to perform the registrar’s functions. The registrar also has the other powers given to the registrar under this Act. (sec.36-ssec.1) The registrar has the powers reasonably necessary to perform the registrar’s functions. (sec.36-ssec.2) The registrar also has the other powers given to the registrar under this Act.
The registrar may delegate the registrar’s functions under this Act to an appropriately qualified member of the staff of the registry. In this section— functions includes powers. s 37 def appropriately qualified om 2015 No. 30 s 5 (sec.37-ssec.1) The registrar may delegate the registrar’s functions under this Act to an appropriately qualified member of the staff of the registry. (sec.37-ssec.2) In this section— functions includes powers.
The function of a local registry coordinator is to support the efficient and effective operation of the commission in the welfare reform community area for which the coordinator is appointed, including, for example, by— taking appropriate steps to facilitate the holding of conferences; and nominating appropriate local commissioners for a conference; and providing information about community support services and the operation of the commission to persons living in the area; and keeping the records and information the registrar considers appropriate.
In performing or exercising their functions or powers under this Act, the registrar and other staff of the registry are only subject to the direction of the commissioner on matters relating to the management of the registry and the administrative affairs of the commission.
Subsection (2) applies if— a student at a school in a welfare reform community area is absent from the school for all or part of any 3 school days during a school term; and the principal of the school is not satisfied there is a reasonable explanation for the absences. The principal must give notice of the absences to the commission as soon as practicable but not more than 10 school days after the third absence happens. Subsection (4) applies if— a student at a school that is not in a welfare reform community area is absent from the school for all or part of any 3 school days during a school term; and the principal of the school is not satisfied there is a reasonable explanation for the absences; and the principal is, or becomes, aware the student or a parent of the student lives, or at any time after the commencement of this section has lived, in a welfare reform community area. The principal must give notice of the absences to the commission— if the principal is aware of a matter mentioned in subsection (3) (c) when the third absence happens—as soon as practicable but not more than 10 school days after the third absence happens; or if paragraph (a) does not apply—as soon as practicable but not more than 10 school days after becoming aware of the matter. A notice under this section must be in the approved form. The approved form must include provision for the following— the student’s name and date of birth; the name and address, if known, of the parents of the student; the days the student was absent from school; the duration of the student’s absences; the reason, if any, recorded by the school for the absences. In considering whether a student is absent, or there is a reasonable explanation for a student’s absence, from a school, the principal of the school must have regard to any commission guidelines relating to matters about student attendance at schools. (sec.40-ssec.1) Subsection (2) applies if— a student at a school in a welfare reform community area is absent from the school for all or part of any 3 school days during a school term; and the principal of the school is not satisfied there is a reasonable explanation for the absences. (sec.40-ssec.2) The principal must give notice of the absences to the commission as soon as practicable but not more than 10 school days after the third absence happens. (sec.40-ssec.3) Subsection (4) applies if— a student at a school that is not in a welfare reform community area is absent from the school for all or part of any 3 school days during a school term; and the principal of the school is not satisfied there is a reasonable explanation for the absences; and the principal is, or becomes, aware the student or a parent of the student lives, or at any time after the commencement of this section has lived, in a welfare reform community area. (sec.40-ssec.4) The principal must give notice of the absences to the commission— if the principal is aware of a matter mentioned in subsection (3) (c) when the third absence happens—as soon as practicable but not more than 10 school days after the third absence happens; or if paragraph (a) does not apply—as soon as practicable but not more than 10 school days after becoming aware of the matter. (sec.40-ssec.5) A notice under this section must be in the approved form. (sec.40-ssec.6) The approved form must include provision for the following— the student’s name and date of birth; the name and address, if known, of the parents of the student; the days the student was absent from school; the duration of the student’s absences; the reason, if any, recorded by the school for the absences. (sec.40-ssec.7) In considering whether a student is absent, or there is a reasonable explanation for a student’s absence, from a school, the principal of the school must have regard to any commission guidelines relating to matters about student attendance at schools.
This section applies if the education chief executive becomes aware— a child of compulsory school age is not enrolled at a school; and the child or a parent of the child lives, or at any time after the commencement of this section has lived, in a welfare reform community area. The education chief executive must as soon as practicable give the commission notice of the child’s non-enrolment. The notice must be in the approved form. The approved form must include provision for— the name and, if known, the address of the child; and the name and address, if known, of the parents of the child. This section does not apply to a child of compulsory school age if— an exemption under the Education (General Provisions) Act 2006 , chapter 9 , part 3 , is in force for the child; or the Education (General Provisions) Act 2006 , section 176 (1) does not apply in relation to the child because of chapter 9 , part 4 of that Act. (sec.41-ssec.1) This section applies if the education chief executive becomes aware— a child of compulsory school age is not enrolled at a school; and the child or a parent of the child lives, or at any time after the commencement of this section has lived, in a welfare reform community area. (sec.41-ssec.2) The education chief executive must as soon as practicable give the commission notice of the child’s non-enrolment. (sec.41-ssec.3) The notice must be in the approved form. (sec.41-ssec.4) The approved form must include provision for— the name and, if known, the address of the child; and the name and address, if known, of the parents of the child. (sec.41-ssec.5) This section does not apply to a child of compulsory school age if— an exemption under the Education (General Provisions) Act 2006 , chapter 9 , part 3 , is in force for the child; or the Education (General Provisions) Act 2006 , section 176 (1) does not apply in relation to the child because of chapter 9 , part 4 of that Act.
This section applies if the child protection chief executive— becomes aware, whether because of notification given to the chief executive or otherwise, of alleged harm or alleged risk of harm to a child; and becomes aware the allegation is in relation to— conduct that is happening, or has happened, in a welfare reform community area; or conduct of a person who lives, or at any time after the commencement of this section has lived, in a welfare reform community area. The child protection chief executive must give the commission notice of the alleged harm or alleged risk of harm to the child. The notice must be given to the commission— if an authorised officer under the Child Protection Act 1999 investigates the allegation to assess the child’s need of protection—within 5 business days after the investigation and assessment of the allegation ends; or if paragraph (a) does not apply—within 5 business days after the later of the following to happen— the child protection chief executive becomes aware of the alleged harm or alleged risk of harm to the child; the child protection chief executive becomes aware of a matter mentioned in subsection (1) (b) . The notice must be in the approved form. The approved form must include provision for the following— the day the child protection chief executive became aware of the alleged harm or alleged risk of harm; whether the allegation was investigated as mentioned in subsection (3) (a) ; the name and, if known, the address of the child allegedly harmed or allegedly at risk of harm; the name and address, if known, of the parents of the child; the name and address, if known, of any person allegedly causing harm to the child, or allegedly causing the child to be at risk of harm; details of the alleged harm or alleged risk of harm to the child; information to identify the welfare reform community area where— the conduct the subject of the allegation is happening or has happened; or the person whose conduct is the subject of the allegation lives or lived. In this section— harm , to a child, see the Child Protection Act 1999 , section 9 . (sec.42-ssec.1) This section applies if the child protection chief executive— becomes aware, whether because of notification given to the chief executive or otherwise, of alleged harm or alleged risk of harm to a child; and becomes aware the allegation is in relation to— conduct that is happening, or has happened, in a welfare reform community area; or conduct of a person who lives, or at any time after the commencement of this section has lived, in a welfare reform community area. (sec.42-ssec.2) The child protection chief executive must give the commission notice of the alleged harm or alleged risk of harm to the child. (sec.42-ssec.3) The notice must be given to the commission— if an authorised officer under the Child Protection Act 1999 investigates the allegation to assess the child’s need of protection—within 5 business days after the investigation and assessment of the allegation ends; or if paragraph (a) does not apply—within 5 business days after the later of the following to happen— the child protection chief executive becomes aware of the alleged harm or alleged risk of harm to the child; the child protection chief executive becomes aware of a matter mentioned in subsection (1) (b) . (sec.42-ssec.4) The notice must be in the approved form. (sec.42-ssec.5) The approved form must include provision for the following— the day the child protection chief executive became aware of the alleged harm or alleged risk of harm; whether the allegation was investigated as mentioned in subsection (3) (a) ; the name and, if known, the address of the child allegedly harmed or allegedly at risk of harm; the name and address, if known, of the parents of the child; the name and address, if known, of any person allegedly causing harm to the child, or allegedly causing the child to be at risk of harm; details of the alleged harm or alleged risk of harm to the child; information to identify the welfare reform community area where— the conduct the subject of the allegation is happening or has happened; or the person whose conduct is the subject of the allegation lives or lived. (sec.42-ssec.6) In this section— harm , to a child, see the Child Protection Act 1999 , section 9 .
This section applies if— a court— convicts a person of an offence; or makes a protection order against a person; and for a person convicted of an offence who is a child—the person is not a first-time offender; and at least 1 of the following applies— the court was sitting in a welfare reform community area, Cooktown or Mossman; the court officer learns that the person lives, or at any time after the start day has lived, in a welfare reform community area; if the person is a child—the court officer learns that the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area. The court officer must give the commission a notice (a court advice notice ) that states— if the court convicted the person of an offence— the offence that the person was convicted of; and the day on which the court convicted the person; and if the court made a protection order against the person— the conditions (if any) of the protection order; and the day on which the court made the protection order; and the person’s name and address; and information that identifies the court— that convicted the person; or made the protection order against the person; and information that identifies— the place where the conduct that is the subject of the conviction or protection order happened; or the welfare reform community area mentioned in subsection (1) (c) (ii) or (iii) . The court officer must give the notice as soon as practicable, but not more than 10 business days, after the later of the following— the court— convicts the person; or makes the protection order against the person; the court officer learns that the person or, if the person is a child, the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area; for a convicted person who is a child—the court officer learns that the person is not a first-time offender. A person who has gained, gains or has access to, confidential information relating to a child through involvement in the administration of the Youth Justice Act 1992 may disclose the information to the chief executive (justice) for the purpose of facilitating the giving of court advice notices. To remove any doubt, it is declared that, for the Youth Justice Act 1992 , section 301 , neither of the following is publication of identifying information about a child— giving a court advice notice under this section; disclosing confidential information under subsection (4) . In this section— chief executive (justice) means the chief executive of the department in which the Attorney-General Act 1999 is administered. conviction , in relation to a child, means a finding of guilt within the meaning of the Youth Justice Act 1992 . court means— the Childrens Court; or the District Court; or a Magistrates Court; or the Supreme Court. court officer means— for a court that convicts a person who is an adult— for the District Court—the registrar of the court; or for a Magistrates Court—the clerk of the court; or for the Supreme Court—the registrar of the court; or for a court that convicts a person who is a child—the chief executive (justice); or for a court that makes a protection order against a person—the clerk of the court within the meaning of the Domestic and Family Violence Protection Act 2012 . first-time offender , in relation to a child convicted of an offence, means a child who has not previously been convicted of an offence. protection order see the Domestic and Family Violence Protection Act 2012 , schedule . start day means— for subsection (1) (c) (iii) , in relation to a child convicted of an offence—28 November 2014; or otherwise—the day on which this definition commences. s 43 sub 2014 No. 54 s 6 ; 2015 No. 30 s 6 amd 2019 No. 23 s 48 s ch 1 pt 1 ; 2024 No. 45 s 112B (sec.43-ssec.1) This section applies if— a court— convicts a person of an offence; or makes a protection order against a person; and for a person convicted of an offence who is a child—the person is not a first-time offender; and at least 1 of the following applies— the court was sitting in a welfare reform community area, Cooktown or Mossman; the court officer learns that the person lives, or at any time after the start day has lived, in a welfare reform community area; if the person is a child—the court officer learns that the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area. (sec.43-ssec.2) The court officer must give the commission a notice (a court advice notice ) that states— if the court convicted the person of an offence— the offence that the person was convicted of; and the day on which the court convicted the person; and if the court made a protection order against the person— the conditions (if any) of the protection order; and the day on which the court made the protection order; and the person’s name and address; and information that identifies the court— that convicted the person; or made the protection order against the person; and information that identifies— the place where the conduct that is the subject of the conviction or protection order happened; or the welfare reform community area mentioned in subsection (1) (c) (ii) or (iii) . (sec.43-ssec.3) The court officer must give the notice as soon as practicable, but not more than 10 business days, after the later of the following— the court— convicts the person; or makes the protection order against the person; the court officer learns that the person or, if the person is a child, the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area; for a convicted person who is a child—the court officer learns that the person is not a first-time offender. (sec.43-ssec.4) A person who has gained, gains or has access to, confidential information relating to a child through involvement in the administration of the Youth Justice Act 1992 may disclose the information to the chief executive (justice) for the purpose of facilitating the giving of court advice notices. (sec.43-ssec.5) To remove any doubt, it is declared that, for the Youth Justice Act 1992 , section 301 , neither of the following is publication of identifying information about a child— giving a court advice notice under this section; disclosing confidential information under subsection (4) . (sec.43-ssec.6) In this section— chief executive (justice) means the chief executive of the department in which the Attorney-General Act 1999 is administered. conviction , in relation to a child, means a finding of guilt within the meaning of the Youth Justice Act 1992 . court means— the Childrens Court; or the District Court; or a Magistrates Court; or the Supreme Court. court officer means— for a court that convicts a person who is an adult— for the District Court—the registrar of the court; or for a Magistrates Court—the clerk of the court; or for the Supreme Court—the registrar of the court; or for a court that convicts a person who is a child—the chief executive (justice); or for a court that makes a protection order against a person—the clerk of the court within the meaning of the Domestic and Family Violence Protection Act 2012 . first-time offender , in relation to a child convicted of an offence, means a child who has not previously been convicted of an offence. protection order see the Domestic and Family Violence Protection Act 2012 , schedule . start day means— for subsection (1) (c) (iii) , in relation to a child convicted of an offence—28 November 2014; or otherwise—the day on which this definition commences.
This section applies if— a police protection direction is issued; and either or both of the following apply— the relevant domestic violence occurred in a welfare reform community area; the police commissioner becomes aware that the respondent lives, or at any time after the start day has lived, in a welfare reform community area. The police commissioner must give the commission a notice that states— the day on which the police protection direction was issued; and the conditions (if any) of the police protection direction; and the name and address of the respondent; and information that identifies— the place where the relevant domestic violence occurred; and if subsection (1) (b) (ii) applies, the place in a welfare reform community area where the respondent lives or has lived. The police commissioner must give the notice as soon as practicable, but not more than 10 business days, after the later of the following happens— the police protection direction is issued; the police commissioner becomes aware that the respondent lives, or at any time after the start day has lived, in a welfare reform community area. In this section— police protection direction means a police protection direction issued under the Domestic and Family Violence Protection Act 2012 . relevant domestic violence , in relation to a police protection direction, see the Domestic and Family Violence Protection Act 2012 , schedule. respondent , in relation to a police protection direction, see the Domestic and Family Violence Protection Act 2012 , section 21 (3) . start day means 17 December 2015. 17 December 2015 is the day from which courts have been required, under section 43 , to notify the commission of protection orders under the Domestic and Family Violence Protection Act 2012 made against residents of welfare reform community areas. s 43A ins 2025 No. 18 s 59B (sec.43A-ssec.1) This section applies if— a police protection direction is issued; and either or both of the following apply— the relevant domestic violence occurred in a welfare reform community area; the police commissioner becomes aware that the respondent lives, or at any time after the start day has lived, in a welfare reform community area. (sec.43A-ssec.2) The police commissioner must give the commission a notice that states— the day on which the police protection direction was issued; and the conditions (if any) of the police protection direction; and the name and address of the respondent; and information that identifies— the place where the relevant domestic violence occurred; and if subsection (1) (b) (ii) applies, the place in a welfare reform community area where the respondent lives or has lived. (sec.43A-ssec.3) The police commissioner must give the notice as soon as practicable, but not more than 10 business days, after the later of the following happens— the police protection direction is issued; the police commissioner becomes aware that the respondent lives, or at any time after the start day has lived, in a welfare reform community area. (sec.43A-ssec.4) In this section— police protection direction means a police protection direction issued under the Domestic and Family Violence Protection Act 2012 . relevant domestic violence , in relation to a police protection direction, see the Domestic and Family Violence Protection Act 2012 , schedule. respondent , in relation to a police protection direction, see the Domestic and Family Violence Protection Act 2012 , section 21 (3) . start day means 17 December 2015. 17 December 2015 is the day from which courts have been required, under section 43 , to notify the commission of protection orders under the Domestic and Family Violence Protection Act 2012 made against residents of welfare reform community areas.
Subsection (2) applies in relation to a tenant of premises if the lessor of the premises— is satisfied the premises have been, or are being, used by the tenant for an illegal purpose; or becomes aware that the tenant has not complied with a remedy notice relating to— the tenant causing a nuisance by the use of the premises; or the tenant interfering with the reasonable peace, comfort or privacy of a neighbour of the tenant; or the tenant not keeping the premises and its inclusions clean, having regard to their condition when the tenant entered into the residential tenancy agreement for the premises; or the tenant maliciously damaging, or allowing someone else to maliciously damage, the premises or its inclusions; or becomes aware that the rent payable by the tenant under the residential tenancy agreement (the outstanding amount ) has remained unpaid in breach of the agreement for at least 7 days and the tenant— has not responded to a remedy notice relating to the outstanding amount; or has not entered into an agreement with the lessor to pay the outstanding amount; or has breached an agreement entered into with the lessor to pay the outstanding amount. The lessor must, within 5 business days after being satisfied or becoming aware of a matter mentioned in subsection (1) , give the commission notice of the matter. Subsection (4) applies in relation to a tenant of premises if the lessor of the premises has, after the commencement of this section and within a period of not more than 6 months, given the tenant more than 1 remedy notice relating to— any of the matters mentioned in subsection (1) (b) ; or rent remaining unpaid, in breach of the residential tenancy agreement for the premises, for at least 7 days. The lessor must, within 5 business days after giving a second remedy notice to the tenant, give the commission notice of the giving of the remedy notice and the matter to which it relates. A notice under subsection (2) or (4) must be in the approved form. The approved form must include provision for the following— the name of the tenant; the address of the tenanted premises; details of the matter to which the notice relates. In this section— housing department means the department in which the Housing Act 2003 is administered. lessor , in relation to premises that are social housing, means the entity that provides the housing. remedy notice means a notice to remedy breach for a residential tenancy under the Residential Tenancies and Rooming Accommodation Act 2008 . social housing means housing that— is in a welfare reform community area; and is directly provided, for residential use, by the housing department, a local government or another entity prescribed under a regulation. tenant means— a person who is a party to a residential tenancy agreement relating to premises that are social housing; or a person who— was, at any time after the commencement of this definition, a party to a residential tenancy agreement relating to premises that are social housing; and is a party to a residential tenancy agreement relating to premises, not in a welfare reform community area, directly provided by the housing department for residential use. s 44 amd 2008 No. 73 s 554 sch 1 (sec.44-ssec.1) Subsection (2) applies in relation to a tenant of premises if the lessor of the premises— is satisfied the premises have been, or are being, used by the tenant for an illegal purpose; or becomes aware that the tenant has not complied with a remedy notice relating to— the tenant causing a nuisance by the use of the premises; or the tenant interfering with the reasonable peace, comfort or privacy of a neighbour of the tenant; or the tenant not keeping the premises and its inclusions clean, having regard to their condition when the tenant entered into the residential tenancy agreement for the premises; or the tenant maliciously damaging, or allowing someone else to maliciously damage, the premises or its inclusions; or becomes aware that the rent payable by the tenant under the residential tenancy agreement (the outstanding amount ) has remained unpaid in breach of the agreement for at least 7 days and the tenant— has not responded to a remedy notice relating to the outstanding amount; or has not entered into an agreement with the lessor to pay the outstanding amount; or has breached an agreement entered into with the lessor to pay the outstanding amount. (sec.44-ssec.2) The lessor must, within 5 business days after being satisfied or becoming aware of a matter mentioned in subsection (1) , give the commission notice of the matter. (sec.44-ssec.3) Subsection (4) applies in relation to a tenant of premises if the lessor of the premises has, after the commencement of this section and within a period of not more than 6 months, given the tenant more than 1 remedy notice relating to— any of the matters mentioned in subsection (1) (b) ; or rent remaining unpaid, in breach of the residential tenancy agreement for the premises, for at least 7 days. (sec.44-ssec.4) The lessor must, within 5 business days after giving a second remedy notice to the tenant, give the commission notice of the giving of the remedy notice and the matter to which it relates. (sec.44-ssec.5) A notice under subsection (2) or (4) must be in the approved form. (sec.44-ssec.6) The approved form must include provision for the following— the name of the tenant; the address of the tenanted premises; details of the matter to which the notice relates. (sec.44-ssec.7) In this section— housing department means the department in which the Housing Act 2003 is administered. lessor , in relation to premises that are social housing, means the entity that provides the housing. remedy notice means a notice to remedy breach for a residential tenancy under the Residential Tenancies and Rooming Accommodation Act 2008 . social housing means housing that— is in a welfare reform community area; and is directly provided, for residential use, by the housing department, a local government or another entity prescribed under a regulation. tenant means— a person who is a party to a residential tenancy agreement relating to premises that are social housing; or a person who— was, at any time after the commencement of this definition, a party to a residential tenancy agreement relating to premises that are social housing; and is a party to a residential tenancy agreement relating to premises, not in a welfare reform community area, directly provided by the housing department for residential use.
This section applies to an entity that, under this part, must give the commission an agency notice on becoming aware that— a person lives, or lived, in a welfare reform community area; or a person’s conduct to which an allegation mentioned in section 42 (1) relates is happening, or has happened, in a welfare reform community area. The duty imposed on the entity to give the commission an agency notice in relation to the person or the person’s conduct does not require the entity to conduct an investigation about the person or the person’s conduct. (sec.45-ssec.1) This section applies to an entity that, under this part, must give the commission an agency notice on becoming aware that— a person lives, or lived, in a welfare reform community area; or a person’s conduct to which an allegation mentioned in section 42 (1) relates is happening, or has happened, in a welfare reform community area. (sec.45-ssec.2) The duty imposed on the entity to give the commission an agency notice in relation to the person or the person’s conduct does not require the entity to conduct an investigation about the person or the person’s conduct.
The purpose of a conference held under this part is to provide a forum for the commission— to discuss the matters to which an agency notice relates with a relevant person for the notice who is a community member; and if practicable, to reach agreement with the person about the appropriate action to be taken in relation to the matters to help achieve the objects of this Act; and if agreement is not reached—to make decisions under section 69 to help achieve the objects of this Act.
In deciding whether to hold a conference, the commissioner— must have regard to the objects of this Act; and may have regard to other matters the commissioner considers relevant, including, for example— whether the commission has previously received an agency notice relating to the person the subject of the proposed conference; and the nature of the matters raised in any agency notice relating to the person; and if the proposed conference is about a school attendance notice—the extent to which a student mentioned in the notice has been absent from school.
In considering, for the purpose of section 7 (b) , whether a relevant person for an agency notice is a community member, the commissioner or commission may have regard to any of the following matters— the postal address, or address of the place of residence, of the person last known to the secretary; whether a child of the person is enrolled at a school in a welfare reform community area; whether the person is or has been a party to a residential tenancy agreement relating to premises in a welfare reform community area; if the person is an Aboriginal person or a Torres Strait Islander—the person’s usual place of residence, having regard to the person’s family or kinship relationships; the frequency and duration of, and reasons for, any periods the person spends outside of a welfare reform community area; anything else the commissioner or commission considers relevant. s 48 amd 2011 No. 35 s 4
The commission may hold a conference in relation to a relevant person for an agency notice only if the commissioner considers the relevant person for the notice is a community member.
Subject to section 50A , for a conference, the commission is to be constituted by— the commissioner; and 2 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the conference lives or lived. The local commissioners mentioned in subsection (1) (b) are to be nominated by a local registry coordinator, and appointed by the commissioner, under section 51 . s 50 amd 2010 No. 42 s 51 (sec.50-ssec.1) Subject to section 50A , for a conference, the commission is to be constituted by— the commissioner; and 2 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the conference lives or lived. (sec.50-ssec.2) The local commissioners mentioned in subsection (1) (b) are to be nominated by a local registry coordinator, and appointed by the commissioner, under section 51 .
If the commissioner considers it appropriate in the circumstances, the commissioner may, for a particular conference, direct the commission to be constituted by 3 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the conference lives or lived. The local commissioners are to be nominated by a local registry coordinator, and appointed by the commissioner, under section 51 . The commissioner must nominate one of the local commissioners to be the chairperson of the commission for the conference. The chairperson is to preside at the conference. s 50A ins 2010 No. 42 s 52 amd 2013 No. 48 s 2A (sec.50A-ssec.1) If the commissioner considers it appropriate in the circumstances, the commissioner may, for a particular conference, direct the commission to be constituted by 3 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the conference lives or lived. (sec.50A-ssec.2) The local commissioners are to be nominated by a local registry coordinator, and appointed by the commissioner, under section 51 . (sec.50A-ssec.3) The commissioner must nominate one of the local commissioners to be the chairperson of the commission for the conference. (sec.50A-ssec.4) The chairperson is to preside at the conference.
If the commission is constituted under section 50A for a conference, the commissioner must monitor the decision of the commission for the conference for consistency of the decision with other decisions of the commission when constituted under section 50 or 50A . s 50B ins 2010 No. 42 s 52
The local commissioners for a conference are to be— nominated by the local registry coordinator for the welfare reform community area in consultation with the local commissioners appointed for the area; and appointed by the commissioner. A person can not be nominated under subsection (1) unless the person has successfully completed the training reasonably required by the Minister to ensure the person can properly perform the person’s duties on the commission. In nominating or appointing the local commissioners for a conference, the local registry coordinator and commissioner must— if the person the subject of the conference is an Aboriginal person or a Torres Strait Islander—consider whether the nominees or appointees are appropriate, having regard to the clan or family group to which the person belongs; and having regard to the matter to which the agency notice relates, consider whether the local commissioners should be male or female; and if practicable and appropriate in the circumstances, ensure that 1 of the local commissioners is female. (sec.51-ssec.1) The local commissioners for a conference are to be— nominated by the local registry coordinator for the welfare reform community area in consultation with the local commissioners appointed for the area; and appointed by the commissioner. (sec.51-ssec.2) A person can not be nominated under subsection (1) unless the person has successfully completed the training reasonably required by the Minister to ensure the person can properly perform the person’s duties on the commission. (sec.51-ssec.3) In nominating or appointing the local commissioners for a conference, the local registry coordinator and commissioner must— if the person the subject of the conference is an Aboriginal person or a Torres Strait Islander—consider whether the nominees or appointees are appropriate, having regard to the clan or family group to which the person belongs; and having regard to the matter to which the agency notice relates, consider whether the local commissioners should be male or female; and if practicable and appropriate in the circumstances, ensure that 1 of the local commissioners is female.
This section applies to a commission member constituting the commission for a conference if— the member becomes aware of a direct or indirect interest, financial or otherwise, the member has in a matter being considered or about to be considered at the conference; and the interest could conflict with the proper performance of the member’s duties for considering the matter. The commission member must immediately disclose the issue giving rise to the conflict to the other commission members constituting the commission for the conference. The commission member may take part in the conference only with the agreement of the other commission members constituting the commission for the conference. (sec.52-ssec.1) This section applies to a commission member constituting the commission for a conference if— the member becomes aware of a direct or indirect interest, financial or otherwise, the member has in a matter being considered or about to be considered at the conference; and the interest could conflict with the proper performance of the member’s duties for considering the matter. (sec.52-ssec.2) The commission member must immediately disclose the issue giving rise to the conflict to the other commission members constituting the commission for the conference. (sec.52-ssec.3) The commission member may take part in the conference only with the agreement of the other commission members constituting the commission for the conference.
This section applies if a constituting member for a conference, other than a constituting member for a conference mentioned in section 50A , stops being a member or for any reason is not available for the conference. The commissioner may direct that the commission for the conference be constituted by the commissioner, the remaining constituting member and another local commissioner appointed by the commissioner. In appointing another local commissioner, the commissioner must have regard to the matters mentioned in section 51 (2) and (3) . The commission as reconstituted must continue and finish the conference, and, for that purpose, may have regard to any record relating to the conference made by the commission as previously constituted. s 53 amd 2010 No. 42 s 53 (sec.53-ssec.1) This section applies if a constituting member for a conference, other than a constituting member for a conference mentioned in section 50A , stops being a member or for any reason is not available for the conference. (sec.53-ssec.2) The commissioner may direct that the commission for the conference be constituted by the commissioner, the remaining constituting member and another local commissioner appointed by the commissioner. (sec.53-ssec.3) In appointing another local commissioner, the commissioner must have regard to the matters mentioned in section 51 (2) and (3) . (sec.53-ssec.4) The commission as reconstituted must continue and finish the conference, and, for that purpose, may have regard to any record relating to the conference made by the commission as previously constituted.
This section applies if the commission is constituted under section 50A for a conference. If a constituting member for the conference stops being a member or for any reason is not available for the conference, the commissioner may direct that the commission for the conference be constituted by— the remaining constituting members and another local commissioner appointed by the commissioner; or the commissioner and the remaining constituting members. If the commission adjourns a conference under section 64 (2) and the commissioner does not endorse the proposed income management decision, after the adjournment the commission for the conference is to be constituted by— the commissioner; and the 3 local commissioners who were constituting members for the conference before the adjournment. If a constituting member mentioned in subsection (3) (b) stops being a member, or for any reason is not available for the conference after the adjournment, the commissioner may direct that the commission for the conference be constituted by— the commissioner and the remaining constituting members; or the commissioner, the remaining constituting members and another local commissioner appointed by the commissioner. In appointing another local commissioner under subsection (2) (a) or (4) (b) , the commissioner must have regard to the matters mentioned in section 51 (2) and (3) . The commission as reconstituted must continue and finish the conference, and, for that purpose, may have regard to any record relating to the conference made by the commission as previously constituted. s 53A ins 2010 No. 42 s 54 amd 2013 No. 48 s 2B (sec.53A-ssec.1) This section applies if the commission is constituted under section 50A for a conference. (sec.53A-ssec.2) If a constituting member for the conference stops being a member or for any reason is not available for the conference, the commissioner may direct that the commission for the conference be constituted by— the remaining constituting members and another local commissioner appointed by the commissioner; or the commissioner and the remaining constituting members. (sec.53A-ssec.3) If the commission adjourns a conference under section 64 (2) and the commissioner does not endorse the proposed income management decision, after the adjournment the commission for the conference is to be constituted by— the commissioner; and the 3 local commissioners who were constituting members for the conference before the adjournment. (sec.53A-ssec.4) If a constituting member mentioned in subsection (3) (b) stops being a member, or for any reason is not available for the conference after the adjournment, the commissioner may direct that the commission for the conference be constituted by— the commissioner and the remaining constituting members; or the commissioner, the remaining constituting members and another local commissioner appointed by the commissioner. (sec.53A-ssec.5) In appointing another local commissioner under subsection (2) (a) or (4) (b) , the commissioner must have regard to the matters mentioned in section 51 (2) and (3) . (sec.53A-ssec.6) The commission as reconstituted must continue and finish the conference, and, for that purpose, may have regard to any record relating to the conference made by the commission as previously constituted.
A person attending the commission at a conference must represent himself or herself. Despite subsection (1) , the person the subject of a conference may be represented at the conference by a lawyer if the commission considers it appropriate in the interests of justice to allow the person to be represented by a lawyer. (sec.54-ssec.1) A person attending the commission at a conference must represent himself or herself. (sec.54-ssec.2) Despite subsection (1) , the person the subject of a conference may be represented at the conference by a lawyer if the commission considers it appropriate in the interests of justice to allow the person to be represented by a lawyer.
This section applies to— anything said or admitted during a conference (the information ); and a document, or a copy of a document, prepared for or in the course of a conference. The information, document or copy is not admissible as evidence in a proceeding before a court, tribunal or disciplinary body. Subsection (2) does not apply to the information, document or copy for the purposes of an appeal under part 11 . (sec.55-ssec.1) This section applies to— anything said or admitted during a conference (the information ); and a document, or a copy of a document, prepared for or in the course of a conference. (sec.55-ssec.2) The information, document or copy is not admissible as evidence in a proceeding before a court, tribunal or disciplinary body. (sec.55-ssec.3) Subsection (2) does not apply to the information, document or copy for the purposes of an appeal under part 11 .
In a conference, the commission— must observe natural justice; and must act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and is not bound by the rules of evidence; and may inquire into, and inform itself, of anything in the way it considers appropriate. The commission may, in appropriate cases, hold a conference by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the conference. To the extent a matter relating to the commission’s conduct of a conference is not provided for by this Act, the commission may decide its own procedure. (sec.56-ssec.1) In a conference, the commission— must observe natural justice; and must act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and is not bound by the rules of evidence; and may inquire into, and inform itself, of anything in the way it considers appropriate. (sec.56-ssec.2) The commission may, in appropriate cases, hold a conference by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the conference. (sec.56-ssec.3) To the extent a matter relating to the commission’s conduct of a conference is not provided for by this Act, the commission may decide its own procedure.
The commission may hold a conference at the time and place decided by the commissioner. In deciding a time and place for a conference, the commissioner must have regard to— the need for the commission to respond in a timely way to the agency notice to which the conference relates; and the location of the person the subject of the conference; and the availability of other persons the commissioner considers appropriate to attend the conference; and Aboriginal tradition and Island custom, if the conference involves Aboriginal people or Torres Strait Islanders. Subsection (2) does not limit the matters to which the commissioner may have regard. (sec.57-ssec.1) The commission may hold a conference at the time and place decided by the commissioner. (sec.57-ssec.2) In deciding a time and place for a conference, the commissioner must have regard to— the need for the commission to respond in a timely way to the agency notice to which the conference relates; and the location of the person the subject of the conference; and the availability of other persons the commissioner considers appropriate to attend the conference; and Aboriginal tradition and Island custom, if the conference involves Aboriginal people or Torres Strait Islanders. (sec.57-ssec.3) Subsection (2) does not limit the matters to which the commissioner may have regard.
The commission must hold a conference within whichever is the longer of the following periods— 1 year after receiving the agency notice to which the conference relates; if the person the subject of the conference is a prisoner when the notice was received, or becomes a prisoner within the period mentioned in paragraph (a) and before the commission holds a conference—6 months after the person stops being a prisoner; if paragraph (b) does not apply and the commission has taken reasonable steps to find the person but has not found the person within 6 months after receiving the notice—6 months after the person is found. In this section— prisoner means a prisoner in a corrective services facility under the Corrective Services Act 2006 . (sec.58-ssec.1) The commission must hold a conference within whichever is the longer of the following periods— 1 year after receiving the agency notice to which the conference relates; if the person the subject of the conference is a prisoner when the notice was received, or becomes a prisoner within the period mentioned in paragraph (a) and before the commission holds a conference—6 months after the person stops being a prisoner; if paragraph (b) does not apply and the commission has taken reasonable steps to find the person but has not found the person within 6 months after receiving the notice—6 months after the person is found. (sec.58-ssec.2) In this section— prisoner means a prisoner in a corrective services facility under the Corrective Services Act 2006 .
If the commissioner considers it appropriate in the circumstances, a conference may be about— more than 1 agency notice relating to a particular person; and more than 1 relevant person for an agency notice.
The following persons may take part in a conference— the person the subject of the conference; someone the person mentioned in paragraph (a) chooses to provide support to the person; any other person the commission considers may help the commission deal with the issues raised in the agency notice to which the conference relates, including, for example, a member of the family of the person mentioned in paragraph (a) . Also, if the registrar has under section 61 given notice of a conference to the notifying agency for the agency notice to which the conference relates, and the notice requires the agency to attend the conference, the agency or a person representing the agency must attend, and may take part in, the conference. Subject to subsections (1) and (2) , a conference must be held in private. (sec.60-ssec.1) The following persons may take part in a conference— the person the subject of the conference; someone the person mentioned in paragraph (a) chooses to provide support to the person; any other person the commission considers may help the commission deal with the issues raised in the agency notice to which the conference relates, including, for example, a member of the family of the person mentioned in paragraph (a) . (sec.60-ssec.2) Also, if the registrar has under section 61 given notice of a conference to the notifying agency for the agency notice to which the conference relates, and the notice requires the agency to attend the conference, the agency or a person representing the agency must attend, and may take part in, the conference. (sec.60-ssec.3) Subject to subsections (1) and (2) , a conference must be held in private.
Before the commission holds a conference, the registrar must give notice of the conference to— the person the subject of the conference; and any other person the commissioner considers likely to make a useful contribution to the conduct of the conference. Also, before the commission holds a conference the registrar may give notice of the conference to the notifying agency for the agency notice to which the conference relates. The notice must include the following details of the proposed conference— the day, time and place for the conference; the purpose of the conference; information about the particular issues to be considered at the conference; information about the conduct of the conference. A notice given to a notifying agency under subsection (2) must state whether or not the commission requires the notifying agency to attend the conference. (sec.61-ssec.1) Before the commission holds a conference, the registrar must give notice of the conference to— the person the subject of the conference; and any other person the commissioner considers likely to make a useful contribution to the conduct of the conference. (sec.61-ssec.2) Also, before the commission holds a conference the registrar may give notice of the conference to the notifying agency for the agency notice to which the conference relates. (sec.61-ssec.3) The notice must include the following details of the proposed conference— the day, time and place for the conference; the purpose of the conference; information about the particular issues to be considered at the conference; information about the conduct of the conference. (sec.61-ssec.4) A notice given to a notifying agency under subsection (2) must state whether or not the commission requires the notifying agency to attend the conference.
The commissioner must take reasonable steps to ascertain before the conference, and make known at the conference, the views relevant to the conference of all the following— a person given a notice under section 61 (1) (b) who notifies the commissioner that he or she will not be attending the conference; if the person the subject of the conference is an Aboriginal person or a Torres Strait Islander—a member of the clan or family group of the person who has not been given a notice under section 61 (1) (b) but whose views the commissioner considers should be obtained. However, the commissioner— is required to act under subsection (1) in relation to the views of a particular person only if the views may reasonably be ascertained and the commissioner does not expect the person to be attending the conference; and may make known at the conference a person’s views only if the registrar has, at least 3 days before the conference, given the person the subject of the conference notice of the views. For this section, if the commission is constituted under section 50A for a conference, the duty imposed on the commissioner under subsection (1) is taken to be a duty imposed on the chairperson of the commission for the conference. s 62 amd 2010 No. 42 s 55 (sec.62-ssec.1) The commissioner must take reasonable steps to ascertain before the conference, and make known at the conference, the views relevant to the conference of all the following— a person given a notice under section 61 (1) (b) who notifies the commissioner that he or she will not be attending the conference; if the person the subject of the conference is an Aboriginal person or a Torres Strait Islander—a member of the clan or family group of the person who has not been given a notice under section 61 (1) (b) but whose views the commissioner considers should be obtained. (sec.62-ssec.2) However, the commissioner— is required to act under subsection (1) in relation to the views of a particular person only if the views may reasonably be ascertained and the commissioner does not expect the person to be attending the conference; and may make known at the conference a person’s views only if the registrar has, at least 3 days before the conference, given the person the subject of the conference notice of the views. (sec.62-ssec.3) For this section, if the commission is constituted under section 50A for a conference, the duty imposed on the commissioner under subsection (1) is taken to be a duty imposed on the chairperson of the commission for the conference.
The commission must take reasonable and practicable measures to ensure— a conference is conducted in a way that recognises and is responsive to the needs of persons taking part in the conference, including, for example, their customs and traditions; and people taking part in a conference— understand the commission’s role in the conference and the conference procedures; and have an opportunity to participate in the conference and have their submissions considered; and if the first language of the person the subject of the conference is not English—appropriate arrangements are made to facilitate the person’s understanding of, and full participation in, the conference.
In considering whether to adjourn a conference, the commission must take into account the impact that the adjournment may have on the commission’s ability to deal in a timely way with the issues raised in the agency notice to which it relates. However, if the commission is constituted under section 50A for a conference, it must adjourn the conference to obtain the commissioner’s endorsement if it proposes to make an income management decision. If the commission adjourns a conference, it must— give reasons for the adjournment; and state any matters it requires a party to the conference to address during the adjournment. s 64 amd 2010 No. 42 s 56 ; 2013 No. 48 s 2C (sec.64-ssec.1) In considering whether to adjourn a conference, the commission must take into account the impact that the adjournment may have on the commission’s ability to deal in a timely way with the issues raised in the agency notice to which it relates. (sec.64-ssec.2) However, if the commission is constituted under section 50A for a conference, it must adjourn the conference to obtain the commissioner’s endorsement if it proposes to make an income management decision. (sec.64-ssec.3) If the commission adjourns a conference, it must— give reasons for the adjournment; and state any matters it requires a party to the conference to address during the adjournment.
This section applies if a person who is given a notice under section 61 (1) (a) to attend a conference (the first conference ) fails to attend the conference. The commission must reschedule the conference and the registrar must give notice of the rescheduled conference to— the person; and any other person given notice of the first conference under section 61 (1) (b) or (2) . The notice must state the time and place of the rescheduled conference. (sec.65-ssec.1) This section applies if a person who is given a notice under section 61 (1) (a) to attend a conference (the first conference ) fails to attend the conference. (sec.65-ssec.2) The commission must reschedule the conference and the registrar must give notice of the rescheduled conference to— the person; and any other person given notice of the first conference under section 61 (1) (b) or (2) . (sec.65-ssec.3) The notice must state the time and place of the rescheduled conference.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Family Responsibilities Commission Act 2008 .
This Act, other than the following provisions, commences on a day to be fixed by proclamation— section 6 ; section 94 ; schedule, to the extent it inserts the definitions compulsory school age , education chief executive , non-State school , school and State school .
This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act. (sec.3-ssec.1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (sec.3-ssec.2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.
The main objects of this Act are— to support the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and to help people in welfare reform community areas to resume primary responsibility for the wellbeing of their community and the individuals and families of the community. The objects are to be achieved mainly by establishing the Family Responsibilities Commission— to hold conferences about agency notices; and to deal with the matters to which the notices relate in a way that— encourages community members the subject of a conference to engage in socially responsible standards of behaviour; and promotes the interests, rights and wellbeing of children and other vulnerable persons living in a welfare reform community area. (sec.4-ssec.1) The main objects of this Act are— to support the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and to help people in welfare reform community areas to resume primary responsibility for the wellbeing of their community and the individuals and families of the community. (sec.4-ssec.2) The objects are to be achieved mainly by establishing the Family Responsibilities Commission— to hold conferences about agency notices; and to deal with the matters to which the notices relate in a way that— encourages community members the subject of a conference to engage in socially responsible standards of behaviour; and promotes the interests, rights and wellbeing of children and other vulnerable persons living in a welfare reform community area.
Sets out the decisions the commission may make after a conference: enter into a family responsibilities agreement (a signed agreement) requiring a person to attend a community support service under a case plan or to be placed under income management; or, if no agreement, do nothing, reprimand, recommend attendance at support services, direct attendance under a case plan, or give notice to the welfare payments secretary requiring the person be subject to income management (secs 68–69, 74).
Defines case plans (written plans prepared by the registrar about required attendance at community support services), requires recording, endorsement by the commissioner, explanation to the person, and monitoring of compliance by the registrar (secs 76–80, 35).
Sets up a show‑cause process if the registrar or commissioner reasonably believes a person has not complied with a compulsory case plan; the commission may increase the length or intensity of income management or impose income management where appropriate (secs 81–89).
Provides for voluntary referrals: a community member may ask to be referred to support services or ask the commission to refer them into income management via a voluntary agreement (secs 105–109).
Establishes information‑sharing powers between the commission and a range of "prescribed entities" (education, child protection, housing, police, corrective services, community support providers, etc.). The commissioner may request or give "relevant information" and there are specific exceptions where an entity may refuse (secs 90–96, 92–94).
Prescribes confidentiality protections for information shared with the commission, immunity for people who give information honestly, limited appeal rights (appeal to a Magistrates Court only on a question of law) and criminal penalties for false statements, reprisals and disruption (secs 95, 110–115, 125–133).
Who it affects
Primary targets: people defined as "community members" — welfare recipients who live or have lived in designated "welfare reform community areas" (secs 7–8A). The Act directly affects their interactions with schools, housing providers, child protection, police and courts via notification, conferences and possible directions/agreements.
Agencies and service providers: principals, education chief executive, child protection chief executive, court officers, police, social housing lessors, and community support service providers — they have statutory duties to notify, to provide information on request, and in some cases to attend conferences (secs 40–44, 42–44, 61, 92–94).
Local communities: local commissioners and registry staff who administer conferences, and bodies that provide or receive aggregated reports and guidance (secs 14, 33, 122–144).
Why it matters (official purpose, and how the Act attempts to achieve it)
Testing the official purpose against costs, incentives and trade‑offs
Who decides: the commissioner and local commissioners make determinations about whether a person is a community member, whether to hold conferences, and whether to impose directions or income management (secs 47–51, 68–69). The Minister and Governor in Council appoint commissioners and local commissioners (secs 12–16, 14), which gives political/administrative actors appointment control.
Who pays / where costs fall: administrative and compliance costs fall on government departments (running the registry, holding conferences, training local commissioners — secs 22, 33–36, 51) and on notified individuals (time and potential loss of control over income if income management is applied — secs 68–69, 74). Community support services may see increased demand (secs 35, 76).
Incentives and behaviour change: the Act creates a formal pathway linking agency reports (school absence, child safety, tenancy breaches, court/protection notices) to local conferences and possible conditions (attendance at services, income management). That structure creates incentives for individuals to comply with school attendance and tenancy rules to avoid conferences and possible income management; it also creates incentives for agencies to notify when statutory triggers are met (secs 40–44, 42–43A).
Bureaucratic discretion and compliance burden: the commissioner has broad discretion (for example, to decide whether to hold a conference (sec 47), whether information is "relevant" (sec 91), and to request information from prescribed entities (sec 93)). Agencies must collect and transmit specified data in approved forms and meet time limits (secs 40–44, 61, 74, 89). The need for training, record‑keeping and monitoring (secs 22, 35, 67, 77) creates ongoing administrative obligations.
Information flows and implementation risk: the regime depends on timely, accurate notifications and effective information‑sharing across multiple agencies (secs 40–44, 92–94). Exceptions to information requests (e.g. where disclosure would prejudice investigations) and limits on what counts as "relevant" may create gaps or delay (sec 93). Local commissioners must be appropriately trained and reflective of community groups (secs 14, 51), which is operationally demanding.
Concentration of benefits vs diffuse costs: benefits (as framed by the Act) are concentrated in the immediate community (children, vulnerable persons) and in government interests in local order; costs are dispersed — administrative cost to government, and personal costs to welfare recipients who may face income management or compulsory program attendance (secs 4, 68–69). The Act provides appeals on questions of law only (secs 110–115), constraining legal challenges to points of law rather than fact or proportionality.
Key conditional and limits to power
Operational friction points and trade‑offs
Short list of important sections to consult
The Act is to be administered under the principle that the wellbeing and best interests of a child are paramount. Subject to subsection (1) , this Act is also to be administered under the following principles— in a conference about an agency notice, the commission should deal with the matters to which the notice relates in a way that— facilitates early intervention in relation to the matters; and supports the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and makes appropriate use of community support services; in a conference about an agency notice involving a child, the child’s views and wishes should be taken into account in a way that has regard to the child’s age and ability to understand; Aboriginal tradition and Island custom must be taken into account in matters involving Aboriginal people or Torres Strait Islanders; the commission should deal with agency notices in a timely way. (sec.5-ssec.1) The Act is to be administered under the principle that the wellbeing and best interests of a child are paramount. (sec.5-ssec.2) Subject to subsection (1) , this Act is also to be administered under the following principles— in a conference about an agency notice, the commission should deal with the matters to which the notice relates in a way that— facilitates early intervention in relation to the matters; and supports the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and makes appropriate use of community support services; in a conference about an agency notice involving a child, the child’s views and wishes should be taken into account in a way that has regard to the child’s age and ability to understand; Aboriginal tradition and Island custom must be taken into account in matters involving Aboriginal people or Torres Strait Islanders; the commission should deal with agency notices in a timely way.
The dictionary in the schedule defines particular words used in this Act.
A person is a community member if— the person is a welfare recipient; and either— the person’s usual place of residence is, or was on the commencement of this section, in a welfare reform community area; or the person has, at any time after the commencement of this section, lived in a welfare reform community area for at least 3 months.
A person is a welfare recipient if— under the Social Security Administration Act , part 3B , the person or the person’s partner is an eligible recipient of a category P welfare payment; or under the Social Security Administration Act , part 3B , neither the person nor the person’s partner is an eligible recipient of a category P welfare payment, but the person or the person’s partner is an eligible recipient of a category R welfare payment. s 8 amd 2011 No. 35 s 3 ; 2015 No. 30 s 2 sch 1
A welfare reform community area is an area prescribed by regulation as a welfare reform community area. Before recommending to the Governor in Council that an area be prescribed as a welfare reform community area the Minister must have regard to the main objects of this Act. s 8A ins 2014 No. 54 s 4 (sec.8A-ssec.1) A welfare reform community area is an area prescribed by regulation as a welfare reform community area. (sec.8A-ssec.2) Before recommending to the Governor in Council that an area be prescribed as a welfare reform community area the Minister must have regard to the main objects of this Act.
The Family Responsibilities Commission is established.
The commission has the following functions— to hold conferences and make decisions under this Act about agency notices in relation to community members; to deal with, under part 7 , division 2 , a person’s noncompliance with a case plan; to hear applications to the commission to amend or end a family responsibilities agreement or family responsibilities order. The commission also has the other functions given to the commission under this or another Act. s 10 amd 2010 No. 42 s 50 (sec.10-ssec.1) The commission has the following functions— to hold conferences and make decisions under this Act about agency notices in relation to community members; to deal with, under part 7 , division 2 , a person’s noncompliance with a case plan; to hear applications to the commission to amend or end a family responsibilities agreement or family responsibilities order. (sec.10-ssec.2) The commission also has the other functions given to the commission under this or another Act.
The commission has the powers necessary or convenient to perform the commission’s functions. The commission also has the other powers given to the commission under this or another Act. (sec.11-ssec.1) The commission has the powers necessary or convenient to perform the commission’s functions. (sec.11-ssec.2) The commission also has the other powers given to the commission under this or another Act.
The members of the commission are— the commissioner; and the deputy commissioners, if deputy commissioners are appointed; and the local commissioners. The commission members are to be appointed by the Governor in Council. The Minister may recommend to the Governor in Council for appointment as many deputy commissioners or local commissioners as the Minister considers necessary to ensure the effective and efficient operation of the commission. A local commissioner is to be appointed as a local commissioner for a particular welfare reform community area. All commission members are appointed under this Act and not the Public Sector Act 2022 . s 12 amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3 (sec.12-ssec.1) The members of the commission are— the commissioner; and the deputy commissioners, if deputy commissioners are appointed; and the local commissioners. (sec.12-ssec.2) The commission members are to be appointed by the Governor in Council. (sec.12-ssec.3) The Minister may recommend to the Governor in Council for appointment as many deputy commissioners or local commissioners as the Minister considers necessary to ensure the effective and efficient operation of the commission. (sec.12-ssec.4) A local commissioner is to be appointed as a local commissioner for a particular welfare reform community area. (sec.12-ssec.5) All commission members are appointed under this Act and not the Public Sector Act 2022 .
Before selecting a person for recommendation to the Governor in Council for appointment as the commissioner or a deputy commissioner, the Minister must consult with the board about the proposed appointment.
This section applies for selecting persons for recommendation to the Governor in Council for appointment as local commissioners for a welfare reform community area. The Minister must ask the community justice group for the area, or if there is no community justice group for the area, as many relevant community groups for the area as the Minister considers appropriate, to nominate persons the group or groups consider suitable for appointment as local commissioners for the area. In nominating a person under this section, a community justice group or relevant community group— must have regard to the matters mentioned in section 18 about a
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