Queensland Consolidated Acts

FAMILY RESPONSIBILITIES COMMISSION ACT 2008

- As at 2 September 2024
- Act 9 of 2008

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Act binds all persons

           Division 2 - Objects and principles of Act

   4.      Main objects
   5.      Principles for administering Act

           Division 3 - Interpretation

   6.      Definitions
   7.      Meaning of community member
   8.      Meaning of welfare recipient
   8A.     Meaning of welfare reform community area

   PART 2 - THE FAMILY RESPONSIBILITIES COMMISSION

           Division 1 - Establishment, functions and powers of commission

   9.      Establishment of commission
   10.     Commission’s functions
   11.     Commission’s powers

           Division 2 - Membership

   12.     Membership of commission
   13.     Selection of commissioner and deputy commissioners
   14.     Selection of local commissioners
   15.     Term of appointment
   16.     Conditions of appointment
   17.     Eligibility for appointment as commissioner or deputy commissioner
   18.     Eligibility for appointment as local commissioner
   19.     Disqualification from being commissioner or deputy commissioner
   20.     Disqualification from being local commissioner
   21.     Vacation of office

           Division 3 - Functions and powers of commissioner

   22.     Commissioner’s functions
   23.     Commissioner’s powers
   24.     Delegation by commissioner
   25.     When deputy commissioner to act as commissioner

           Division 4 - Miscellaneous

   26.     Independence of commission and commission member
   27.     Report about person’s criminal history or domestic violence history
   28.     Information about child safety
   29.     Requirement to disclose changes in criminal history or domestic violence history
   30.     Commission is a statutory body
   31.     Commission is not a tribunal under Ombudsman Act 2001, s 16

   PART 3 - THE REGISTRY

   32.     Establishment of registry
   33.     Registry staff
   34.     Eligibility for appointment as registrar
   35.     Registrar’s functions
   36.     Registrar’s powers
   37.     Delegation by registrar
   38.     Function of local registry coordinators
   39.     When staff of registry are subject to direction of commissioner

   PART 4 - AGENCY NOTICES

           Division 1 - Requirements about giving agency notices

   40.     Notice about school attendance
   41.     Notice about school enrolment
   42.     Notice about child safety and welfare matters
   43.     Court advice notices
   44.     Notice about residential tenancy agreement

           Division 2 - Miscellaneous

   45.     Entity not under obligation to investigate particular matters

   PART 5 - COMMISSION’S CONFERENCES ABOUT AGENCY NOTICES

           Division 1 - Preliminary

   46.     Purpose of conference
   47.     Commissioner’s decision to hold conference
   48.     Matters commissioner or commission may have regard to in considering whether a person is a community member

           Division 2 - Jurisdiction and operation

   49.     Holding conferences
   50.     Constitution of commission for conference generally
   50A.    Constitution of commission for particular conference
   50B.    Commissioner must monitor particular decisions
   51.     Nomination and appointment of local commissioners for conference
   52.     Disclosure of interests
   53.     Reconstituting commission for conferences generally
   53A.    Reconstituting commission for particular conferences
   54.     Representation at conference
   55.     Conference privileged

           Division 3 - Conference procedures

   56.     Procedure generally
   57.     Time and place of conference
   58.     When commission must hold conference
   59.     Conference not limited to particular agency notice
   60.     Participation in conference
   61.     Notice of conference
   62.     Obtaining views of persons not attending conference
   63.     Particular matters about conduct of conference
   64.     Adjournment of conference
   65.     Rescheduling conference
   66.     Commission may proceed in absence of person
   67.     Record of conference

   PART 6 - COMMISSION’S DECISIONS AT CONFERENCES

           Division 1 - Decisions

   68.     Decision to enter into agreement
   69.     Other decisions

           Division 2 - Notice of decisions

   70.     Notice of decision

           Division 3 - Criteria for making decisions

   71.     Matters commission has regard to in making particular decisions
   72.     Matters commission has regard to in making decision about child safety notice

           Division 4 - Other matters

   73.     Notice about requirement to attend community support service
   74.     Notice to secretary
   75.     Revocation of notice to secretary

   PART 7 - PROVISIONS ABOUT CASE PLANS

           Division 1 - Case plans

              Subdivision 1 - Preliminary

   76.     Meaning of case plan

              Subdivision 2 - Particular provisions about case plans

   77.     Recording of case plan
   78.     Preparation and endorsement of particular case plans
   79.     Commissioner may ask registrar to amend compulsory case plan
   80.     Registrar to give copy of, and explain, compulsory case plan

           Division 2 - Noncompliance with case plans

   81.     Definitions for div 2
   82.     Show cause notice
   83.     How oral representations may be made
   84.     Commission to consider oral representations
   85.     Constitution of commission for show cause process
   86.     Ending show cause process without taking proposed action
   87.     Commission may decide to take proposed action
   88.     Limitation on increasing period of income management
   89.     Notice to secretary

   PART 8 - INFORMATION EXCHANGE

           Division 1 - Preliminary

   90.     Definitions for pt 8
   91.     What is relevant information

           Division 2 - Particular provisions about information exchange

   92.     Commissioner may give information to particular entities
   93.     Information requirement made by commissioner
   94.     Education chief executive may give particular information
   95.     Giving of information protected
   96.     Interaction with other laws

   PART 9 - AMENDING OR ENDING FAMILY RESPONSIBILITIES AGREEMENTS OR ORDERS

           Division 1 - Applications

   97.     Application to amend or end family responsibilities agreement or order

           Division 2 - Commissioner may dismiss particular applications

   97A.    Frivolous or vexatious applications

           Division 3 - Hearing and deciding applications

   98.     Constitution of commission
   99.     Decision about application
   100.    Inquiry about application
   101.    Failure to decide application
   102.    Notice to secretary
   103.    Limitation on increasing period of income management
   104.    Amendment of case plan

   PART 10 - VOLUNTARY REFERRALS TO COMMISSION

   105.    Purpose of pt 10
   106.    Asking for referral to community support services or income management
   107.    Responding to request about referral to community support service
   108.    Responding to request about referral to income management
   109.    Amendment or ending of voluntary agreement

   PART 11 - APPEALS

   110.    Who may appeal
   111.    Starting appeal
   112.    Court can not stay decision
   113.    Hearing procedures
   114.    Court’s powers on appeal
   115.    Appeal to District Court

   PART 12 - FAMILY RESPONSIBILITIES BOARD

           Division 1 - Establishment and functions

   116.    Establishment of Family Responsibilities Board
   117.    Board’s functions

           Division 2 - Membership

   118.    Membership of board
   119.    Term of appointment
   120.    Conditions of appointment
   121.    Vacation of office

           Division 3 - Business of board

   122.    Conduct of business
   123.    Board meetings

           Division 4 - Miscellaneous

   124.    Commission or commission member not subject to direction by board

   PART 13 - PARTICULAR OFFENCES AND LEGAL PROCEEDINGS

           Division 1 - Offences

   125.    False or misleading statements
   126.    False or misleading documents
   127.    Retaliation against official or official’s family
   128.    Reprisal and grounds for reprisal
   129.    Offence of taking reprisal
   130.    Damages entitlement for reprisal
   131.    Offence to disrupt conference or other proceeding
   132.    Summary offences
   133.    Limitation on time for starting summary offence
   134.    Allegations of false or misleading information or document

           Division 2 - Evidentiary provisions

   135.    Appointments and authority
   136.    Signatures
   137.    Other evidentiary aids

   PART 14 - OTHER MATTERS

           Division 1 - General matters about commission’s operations

   138.    Commission’s notices to secretary
   139.    Decision-making by commission
   140.    Constitution of commission in particular circumstances
   141.    Commissioner to destroy particular documents
   142.    Registrar to give notice of decisions
   143.    Annual report on operation of commission
   144.    Other reports
   145.    Commission guidelines
   146.    Commissioner may ask registrar to amend case plan—change of address

           Division 2 - Miscellaneous

   147.    Preservation of confidentiality
   148.    Protecting officials from liability
   149.    Magistrate appointed as commissioner
   150.    Approved forms
   151.    Regulation-making power
   152.    (Repealed)

   PART 15 - TRANSITIONAL PROVISIONS

   153.    Commission’s first annual report
   154.    Commission’s first quarterly report
   155.    (Repealed)
   156.    (Repealed)
   157.    Transitional provision for Justice and Other Legislation Amendment Act 2010
   158.    Transitional provision for Family Responsibilities Commission Amendment Act 2013
           SCHEDULE - Dictionary