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Queensland
Communities Legislation
(Funding Red Tape Reduction)
Amendment Bill 2014
Queensland
Communities Legislation (Funding Red
Tape Reduction) Amendment Bill 2014
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Community Services Act 2007
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Replacement of ss 3-5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3 Main object and achievement. . . . . . . . . . . . . . . . . . . 9
4 Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 Finite resources available . . . . . . . . . . . . . . . . . . . . . . 10
6 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Replacement of ss 7-9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Meaning of funded entity and funded product or
service ................................ 11
8 Meaning of funding and funding agreement . . . . . . . . 12
9 References to Minister, chief executive and
department ............................ 12
8 Replacement of pts 2-6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 2 General provisions about funding
10 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Act does not limit other remedies or powers . . . . . . . 14
12 Minister may declare funding to which this Act
applies .............................. 14
13 List of declared funding must be kept and published . 15
14 Chief executive must notify funded entities about
declaration ............................ 15
15 Cooperative approach . . . . . . . . . . . . . . . . . . . . . . . . 16
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Contents
Part 3 Managing serious concerns
Division 1 Preliminary
16 Meaning of serious concern . . . . . . . . . . . . . . . . . . . . 17
17 Report by authorised officer . . . . . . . . . . . . . . . . . . . . 18
Division 2 Compliance notice
18 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
19 Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 3 Interim manager
20 Chief executive may appoint interim manager . . . . . . 20
21 Basis of appointment . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 4 Recovery of funding
22 Recovery of funding . . . . . . . . . . . . . . . . . . . . . . . . . . 21
9 Replacement of ss 39 and 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
39 Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
40 Functions of authorised officers . . . . . . . . . . . . . . . . . 22
10 Replacement of ss 41-43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
41 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
42 Authorised officer subject to direction . . . . . . . . . . . . 24
11 Amendment of s 45 (Issue of identity card) . . . . . . . . . . . . . . . . . 24
12 Amendment of s 53 (Issue of warrant) . . . . . . . . . . . . . . . . . . . . . 24
13 Amendment of s 57 (General powers after entering a place). . . . 25
14 Replacement of ss 60 and 61. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
60 Power to require information. . . . . . . . . . . . . . . . . . . . 25
61 Offence to contravene information requirement or
certification requirement . . . . . . . . . . . . . . . . . . . . . . . 26
15 Insertion of new s 61A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
61A Duty to avoid inconvenience and minimise damage. . 27
16 Amendment of s 63 (Compensation) . . . . . . . . . . . . . . . . . . . . . . 27
17 Replacement of s 68 (Main purpose of pt 8) . . . . . . . . . . . . . . . . 27
68 Application of pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
18 Omission of ss 69 and 70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
19 Amendment of s 71 (Suitability of proposed appointee). . . . . . . . 27
20 Amendment of s 72 (Terms of appointment) . . . . . . . . . . . . . . . . 28
21 Replacement of s 73 (Notice to funded service provider about
appointment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
73 Notice to funded entity about appointment. . . . . . . . . 28
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Contents
22 Replacement of s 74 (Informing persons using community
services about appointment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
74 Informing particular persons about appointment . . . . 29
23 Amendment of s 76 (Variation of appointment) . . . . . . . . . . . . . . 29
24 Amendment of s 77 (Ending of appointment). . . . . . . . . . . . . . . . 30
25 Replacement of ss 79 and 80. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
79 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
80 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
26 Amendment of s 82 (Other powers) . . . . . . . . . . . . . . . . . . . . . . . 31
27 Amendment of s 86 (Access to information or documents) . . . . . 32
28 Amendment of s 87 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . . 32
29 Amendment of s 91 (Compensation) . . . . . . . . . . . . . . . . . . . . . . 33
30 Amendment of s 93 (Chief executive must give notice after
making reviewable decision). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
31 Amendment of s 94 (Application for review) . . . . . . . . . . . . . . . . . 33
32 Amendment of s 95 (Stay of operation of original decision) . . . . . 33
33 Amendment of s 96 (Review decision) . . . . . . . . . . . . . . . . . . . . . 34
34 Omission of pt 9, div 3 (Review of review decision by tribunal) . . 34
35 Replacement of ss 124-126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
124 Joint exercise of powers . . . . . . . . . . . . . . . . . . . . . . . 34
125 Chief executive not required to notify particular
funded entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
36 Amendment of s 128 (Duty of confidentiality). . . . . . . . . . . . . . . . 35
37 Replacement of s 129 (Power to require information or
documents) ..................................... 36
129 Power to require information. . . . . . . . . . . . . . . . . . . . 36
38 Amendment of s 130 (Protection from liability for giving
information) ..................................... 36
39 Replacement of s 131 (Chief executive may share information
about service provider). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
131 Chief executive may share information about funded
entity ................................. 37
40 Replacement of section 132 (Delegation by Minister or chief
executive) ...................................... 37
132 Delegation by Minister or chief executive . . . . . . . . . . 37
41 Amendment of s 133 (Protecting officials from liability) . . . . . . . . 37
42 Amendment of s 136 (Definition for div 1) . . . . . . . . . . . . . . . . . . 38
43 Omission of pt 13, div 2 (Provision for Criminal Code and Other
Acts Amendment Act 2008) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Contents
44 Insertion of new pt 13, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 4 Transitional provisions for Communities
Legislation (Funding Red Tape Reduction)
Amendment Act 2014
Subdivision 1 Preliminary
147 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 2 Transitional provision for repealed Family
Services Act 1987
148 Written agreements about grants continue in force . . 40
Subdivision 3 Other transitional provisions
149 Service agreements continue in force . . . . . . . . . . . . 41
150 Obligation to enter agreement about assistance
continues ............................. 41
151 Contraventions of funding agreement or Act before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
152 Authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
153 Interim managers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
154 Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Subdivision 4 Renumbering of Act
155 Renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 44
45 Replacement of sch 1 (Reviewable decisions) . . . . . . . . . . . . . . . 45
Schedule 1 Reviewable decisions
46 Amendment and renumbering of sch 4 (Dictionary). . . . . . . . . . . 46
Part 3 Amendment of Child Protection Act 1999
47 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
48 Insertion of new ch 5, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Part 1A Honorary officers
155A Function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
155B Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
155C Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
155D Conditions of appointment . . . . . . . . . . . . . . . . . . . . . 49
49 Amendment of s 182 (Evidentiary provisions) . . . . . . . . . . . . . . . 49
50 Insertion of new ch 9, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Part 8 Transitional provision for Communities
Legislation (Funding Red Tape Reduction)
Amendment Act 2014
270 Honorary officers appointed under repealed Act . . . . 50
51 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 50
Page 4
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Contents
Part 4 Amendment of Disability Services Act 2006
52 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
53 Omission of s 16 (Meaning of approved non-government service
provider) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
54 Omission of pts 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
55 Amendment of s 41 (Complaints by consumers) . . . . . . . . . . . . . 51
56 Omission of pts 6-8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
57 Amendment of pt 10A, div 4, sdiv 3, hdg (Requirements if adult
subject to forensic order or involuntary treatment order) . . . . . . . 51
58 Amendment of pt 10A, div 8, sdiv 2, hdg (Requirements for
relevant service providers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
59 Omission of pts 11 and 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
60 Omission of pt 14 (Reviews). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
61 Amendment of s 193 (Appointments and authority) . . . . . . . . . . . 52
62 Amendment of s 194 (Signatures) . . . . . . . . . . . . . . . . . . . . . . . . 52
63 Amendment of s 195 (Evidentiary provisions) . . . . . . . . . . . . . . . 52
64 Amendment of s 222 (Confidentiality of other information) . . . . . 52
65 Insertion of new s 226A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
226A Monitoring and enforcement. . . . . . . . . . . . . . . . . . . . 53
66 Amendment of s 227 (Delegation by Minister) . . . . . . . . . . . . . . . 53
67 Amendment of s 228 (Delegation by chief executive) . . . . . . . . . 53
68 Amendment of s 229 (Protecting officials from liability) . . . . . . . . 54
69 Amendment of s 237 (Certain non-government service providers
taken to be approved under part 6 and to be funded
non-government service providers) . . . . . . . . . . . . . . . . . . . . . . . 54
70 Amendment of s 238 (When grants of financial assistance under
the repealed Act continue) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
71 Amendment of s 239 (Queensland disability service standards to
continue in force) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
72 Amendment of s 240 (Disability sector quality system to continue
in force). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
73 Insertion of new pt 16, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 10 Transitional provisions for Communities
Legislation (Funding Red Tape Reduction)
Amendment Act 2014
326 Definitions for div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . 55
327 Funding agreements continue in force . . . . . . . . . . . . 56
328 Obligation to enter agreement about assistance
continues .............................. 57
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Contents
329 Contraventions of funding agreement or Act before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
330 Interim managers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
331 Confidentiality obligation continues to apply to
authorised officers and interim managers . . . . . . . . . 59
332 Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
333 Renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 60
74 Replacement of sch 2 (Reviewable decisions) . . . . . . . . . . . . . . . 61
Schedule 2 Renumbered cross-references
75 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 65
Part 5 Repeal of Family Services Act 1987
76 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Part 6 Minor and consequential amendments
77 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 66
Community Services Act 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Maintenance Act 1965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Police Service Administration Act 1990 . . . . . . . . . . . . . . . . . . . . 69
Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Page 6
2014
A Bill
for
An Act to amend the Community Services Act 2007, the Child
Protection Act 1999 and the Disability Services Act 2006 for
particular purposes, to repeal the Family Services Act 1987,
and to make minor and consequential amendments of other
legislation as stated in schedule 1
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Communities Legislation 4
(Funding Red Tape Reduction) Amendment Act 2014. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Community 8
Services Act 2007 9
Clause 3 Act amended 10
This part amends the Community Services Act 2007. 11
Note-- 12
See also the amendments in schedule 1. 13
Clause 4 Amendment of long title 14
Long title, from `assistance' to `the community services,'-- 15
omit, insert-- 16
powers to safeguard funding for the delivery of 17
products and services to the community 18
Page 8
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 5]
Clause 5 Replacement of ss 3-5 1
Sections 3 to 5-- 2
omit, insert-- 3
3 Main object and achievement 4
(1) The main object of this Act is to safeguard 5
funding for the delivery of products or services to 6
the community that-- 7
(a) contribute to Queensland's economic, social 8
and environmental wellbeing; and 9
(b) enhance the quality of life of individuals, 10
groups and communities. 11
(2) This object is mainly achieved by providing clear 12
and consistent powers that safeguard-- 13
(a) funding provided to entities to deliver 14
products or services; and 15
(b) the delivery of products or services that are 16
provided with the funding. 17
4 Guiding principles 18
This Act is to be administered in a way that has 19
regard to the following principles-- 20
(a) the use of public funds for products and 21
services should-- 22
(i) advance Queensland's social, 23
economic and environmental 24
wellbeing; and 25
(ii) respond to the diverse needs of 26
individuals, groups and communities; 27
(b) the government should administer funding 28
in a way that-- 29
(i) is efficient and transparent; and 30
Page 9
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 5]
(ii) involves clear and timely 1
communication; and 2
(iii) promotes excellence in the delivery of 3
products and services; and 4
(iv) provides sustainable service delivery to 5
communities; 6
(c) the contractual arrangements between 7
government and funded entities should 8
reflect a clear and common understanding 9
of-- 10
(i) the purpose of the funding; and 11
(ii) the results to be achieved from the 12
funded products and services; and 13
(iii) the intended recipients of the products 14
or services; 15
(d) ensuring accountability in the delivery of 16
funded products and services will-- 17
(i) protect the safety and interests of users 18
of the products or services, including 19
those who are at risk or are vulnerable; 20
and 21
(ii) help to maintain public confidence 22
about the use of public funds; 23
(e) the government and funded entities should 24
recognise each other's autonomy and 25
accountabilities. 26
5 Finite resources available 27
In administering this Act, regard must be had to 28
the following-- 29
(a) the State has finite resources available to 30
provide as funding; 31
Page 10
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 6]
(b) there is a need to ensure the State's 1
resources provided as funding are used 2
properly to deliver funded products and 3
services. 4
Clause 6 Amendment of s 6 (Definitions) 5
Section 6, `schedule 4'-- 6
omit, insert-- 7
schedule 2 8
Clause 7 Replacement of ss 7-9 9
Sections 7 to 9-- 10
omit, insert-- 11
7 Meaning of funded entity and funded product 12
or service 13
(1) A funded entity is an entity that receives funding 14
provided by a department to deliver a product or 15
service. 16
(2) A funded product or service, in relation to a 17
funded entity, is a product or service required to 18
be delivered by the funded entity with funding 19
received by the funded entity. 20
(3) For subsections (1) and (2), it does not matter 21
whether-- 22
(a) the entity received the funding from the 23
department or from another entity that 24
received the funding from the department; 25
or 26
(b) the entity has a funding agreement with the 27
department about the funding; or 28
(c) other funds or resources are also used by the 29
entity to deliver the product or service. 30
Page 11
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 7]
8 Meaning of funding and funding agreement 1
(1) A department provides funding if the department 2
provides aid or support in the form of money or 3
other assistance to an entity-- 4
(a) to enable the entity to deliver a product or 5
service to the community where the product 6
or service has a social, environmental or 7
economic benefit for Queensland; and 8
(b) on conditions that-- 9
(i) require specified products or services 10
to be delivered; and 11
(ii) require the entity to be accountable to 12
the department for delivering the 13
products or services and the use of the 14
money or other assistance. 15
Examples of assistance other than money the department 16
may provide-- 17
· lease of a building 18
· transfer of land 19
· goods or services 20
· in-kind support 21
(2) A funding agreement is a written agreement 22
with an entity about a department providing 23
funding to the entity. 24
9 References to Minister, chief executive and 25
department 26
(1) In a provision of this Act-- 27
(a) a reference to a Minister is a reference to a 28
Minister who administers a department, or 29
part of a department, providing funding; and 30
(b) a reference to a chief executive is a 31
reference to the chief executive of a 32
department providing funding; and 33
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 8]
(c) a reference to a department is a reference to 1
a department providing funding. 2
(2) In a provision about a Minister, a reference to the 3
department is a reference to a department, or part 4
of a department, providing funding that is 5
administered by the Minister. 6
(3) In a provision about a chief executive, a reference 7
to the department is a reference to the department 8
of which the person is the chief executive. 9
(4) The Acts Interpretation Act 1954, section 33(2), 10
(7) and (11) does not apply. 11
Note-- 12
The Acts Interpretation Act 1954, section 33 deals with 13
references to Ministers, departments and chief 14
executives. For the purposes of this Act, a reference to, 15
for example, the chief executive is not limited to the 16
chief executive of the public sector unit administering 17
this Act. 18
Clause 8 Replacement of pts 2-6 19
Parts 2 to 6-- 20
omit, insert-- 21
Part 2 General provisions 22
about funding 23
10 Application of Act 24
(1) This Act applies in relation to funding provided 25
by a department that is the subject of a funding 26
declaration. 27
(2) To remove any doubt, it is declared that, if the 28
funding was not the subject of a funding 29
declaration when it was provided, this Act 30
applies in relation to the funding from when it 31
becomes the subject of a funding declaration. 32
Page 13
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 8]
11 Act does not limit other remedies or powers 1
This Act does not limit-- 2
(a) a remedy available to a chief executive 3
under a funding agreement; or 4
(b) a chief executive's powers apart from this 5
Act; or 6
(c) the powers that may be exercised in relation 7
to a funded entity under another Act. 8
12 Minister may declare funding to which this Act 9
applies 10
(1) A Minister may, by notice (a funding 11
declaration) published on a Queensland 12
Government website, declare funding to be 13
funding to which this Act applies. 14
(2) A funding declaration may relate to-- 15
(a) funding provided, or available to be 16
provided, under a program of funding 17
administered by the department; or 18
(b) funding provided, or to be provided, to an 19
entity on a one-off basis. 20
(3) In deciding whether to make a funding 21
declaration, the Minister may consider the 22
following matters-- 23
(a) the nature of-- 24
(i) the product or service to be delivered 25
with the funding; and 26
(ii) the service provider market; and 27
(iii) the entity or entities to be provided 28
with the funding; 29
(b) the importance of the product or service to 30
meeting the needs of individuals, groups and 31
the community; 32
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 8]
(c) the characteristics and vulnerability of the 1
users, or intended users, of the product or 2
service; 3
Examples-- 4
· people with disability 5
· children and young people 6
(d) the amount of funding to be provided; 7
(e) whether the funding is regulated under 8
another law or an administrative scheme; 9
(f) any other matter the Minister considers is 10
relevant. 11
13 List of declared funding must be kept and 12
published 13
(1) A chief executive must keep a list of funding 14
administered by the chief executive's department 15
that is the subject of a funding declaration. 16
(2) The chief executive must publish the list on a 17
Queensland Government website. 18
14 Chief executive must notify funded entities 19
about declaration 20
(1) This section applies if, after a funded entity 21
enters into a funding agreement or receives 22
funding, the funding becomes the subject of a 23
funding declaration. 24
(2) The chief executive must give the funded entity 25
notice of the funding declaration within 1 month 26
after the declaration is made. 27
(3) The notice must include information about the 28
powers that can be exercised in relation to the 29
funding under this Act. 30
Page 15
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 8]
(4) Failure to comply with subsection (2) does not 1
affect the validity of the funding declaration. 2
15 Cooperative approach 3
(1) Before a chief executive or an authorised officer 4
exercises a power under this Act in relation to a 5
funded entity, the chief executive or authorised 6
officer must consider whether it would be more 7
appropriate, instead of exercising the power-- 8
(a) to seek the cooperation of the funded entity; 9
or 10
(b) to use a remedy available under a funding 11
agreement. 12
Examples of cooperation-- 13
· requesting consent to inspect a funded entity's 14
records 15
· jointly developing and monitoring a remedial plan for 16
breaches of the funding agreement 17
· agreeing to reporting or monitoring requirements for 18
an identified risk 19
(2) Nothing in this Act limits the way in which a 20
chief executive or authorised officer may 21
cooperate with a funded entity in dealing with a 22
matter in relation to which a power under this Act 23
could be exercised. 24
(3) The exercise of a power under this Act can not be 25
challenged merely because the chief executive or 26
authorised officer did not comply with subsection 27
(1). 28
Page 16
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 8]
Part 3 Managing serious 1
concerns 2
Division 1 Preliminary 3
16 Meaning of serious concern 4
A serious concern for funding received by a 5
funded entity exists if any of the following 6
happen or there is a serious risk that any of the 7
following will happen-- 8
(a) the funding received by the funded entity is 9
improperly used; 10
Examples of improper use of funding-- 11
· funding is used for a dishonest or fraudulent 12
purpose 13
· funding is used for a purpose other than 14
providing a funded product or service 15
(b) the funded entity significantly fails to 16
deliver a funded product or service; 17
Example of significantly failing to deliver a product 18
or service-- 19
closing an emergency accommodation service 20
delivered with funding where the service is 21
required, under the funding agreement, to be 22
continually open 23
(c) an act done or omission made by the funded 24
entity in providing a funded product or 25
service results in harm to an individual; 26
Example-- 27
an individual uses a funded service delivered by a 28
funded entity and the individual suffers physical, 29
psychological, emotional or financial harm as a 30
result of neglect, abuse or exploitation by the 31
funded entity 32
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
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[s 8]
(d) if the funded entity received the funding to 1
deliver disability services to which the 2
Disability Services Act 2006 applies--the 3
funded entity contravenes a provision of the 4
Disability Services Act 2006. 5
17 Report by authorised officer 6
Before deciding whether to take action under this 7
part in relation to a funded entity, a chief 8
executive may obtain a written report from an 9
authorised officer appointed by the chief 10
executive about whether a serious concern exists 11
for funding received by the funded entity. 12
Division 2 Compliance notice 13
18 Application of div 2 14
(1) This division applies if a chief executive 15
reasonably believes-- 16
(a) a serious concern exists for funding received 17
by a funded entity; and 18
(b) the serious concern is reasonably capable of 19
being remedied; and 20
(c) it is appropriate to give the funded entity an 21
opportunity to remedy the serious concern. 22
(2) This division also applies if a chief executive 23
reasonably believes a funded entity failed to 24
comply with a requirement notice given to the 25
entity by the chief executive. 26
(3) This division applies to a funded entity even if 27
funding provided under a funding agreement has 28
been suspended. 29
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 8]
19 Compliance notice 1
(1) The chief executive may give the funded entity a 2
notice (a compliance notice) requiring the 3
funded entity to remedy the serious concern or 4
comply with the requirement notice. 5
(2) The compliance notice must state the 6
following-- 7
(a) that the chief executive reasonably 8
believes-- 9
(i) a serious concern exists; or 10
(ii) the funded entity has failed to comply 11
with a requirement notice; 12
(b) the grounds for the chief executive's belief; 13
(c) an outline of the facts and circumstances 14
forming the basis for the grounds; 15
(d) that the funded entity must remedy the 16
serious concern or noncompliance within a 17
stated reasonable time; 18
(e) that it is an offence to fail to comply with 19
the compliance notice unless the funded 20
entity has a reasonable excuse. 21
(3) The compliance notice may also state-- 22
(a) the reasonable steps the chief executive is 23
satisfied are necessary to remedy the serious 24
concern or noncompliance; and 25
(b) that the funded entity must report in writing 26
to the chief executive after taking a step or 27
steps. 28
(4) The funded entity must comply with the 29
compliance notice unless the funded entity has a 30
reasonable excuse. 31
Maximum penalty--100 penalty units. 32
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 8]
(5) If the chief executive reasonably believes the 1
funded entity has contravened subsection (4), the 2
chief executive may decide-- 3
(a) to suspend or stop the funding despite 4
anything in a funding agreement about the 5
funding; or 6
(b) to terminate the funding agreement to the 7
extent it is about the funding. 8
Division 3 Interim manager 9
20 Chief executive may appoint interim manager 10
A chief executive may appoint a person as 11
interim manager for the funding received by a 12
funded entity. 13
Note-- 14
Part 8 contains provisions that apply to the appointment 15
of an interim manager under this section. 16
21 Basis of appointment 17
(1) The chief executive may make the appointment 18
only if the chief executive is satisfied-- 19
(a) the appointment is reasonably necessary to 20
remedy a serious concern for the funding; 21
and 22
(b) it is essential for a funded product or service 23
of the funded entity to continue to be 24
delivered; and 25
(c) an administrator, liquidator or receiver has 26
not been appointed for the funded entity. 27
(2) In being satisfied under subsection (1), the chief 28
executive-- 29
Page 20
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 8]
(a) must have regard to the likely consequences 1
for persons using the funded product or 2
service if the funded product or service is 3
not delivered or delivered when a serious 4
concern exists; and 5
(b) may have regard to the following-- 6
(i) the type of funded product or service; 7
(ii) the amount of the funding; 8
(iii) whether funding has been suspended or 9
stopped; 10
(iv) whether the funded entity received the 11
funding from the department or from 12
another entity that received the funding 13
from the department; 14
(v) whether the funded entity is receiving 15
money or other assistance, including 16
funding, from another source; 17
(vi) the likely consequences of the 18
appointment; 19
(vii) whether an administrator, liquidator or 20
receiver is likely to be appointed for the 21
funded entity before the interim 22
manager is appointed; 23
(viii)any other relevant matter. 24
Division 4 Recovery of funding 25
22 Recovery of funding 26
(1) This section applies if a funded entity has 27
received, and not spent, funds (the unspent 28
funds) and-- 29
(a) the provision of funding to the funded entity 30
has been suspended or stopped; or 31
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 9]
(b) a funding agreement for the funds has 1
ended. 2
(2) This section also applies if a funded entity has 3
used funds received by the funded entity for a 4
purpose other than the purpose for which the 5
funds were received (the improperly used funds). 6
(3) The unspent funds or improperly used funds are a 7
debt owing by the funded entity to the State. 8
(4) This chief executive may recover the unspent 9
funds or improperly used funds as a debt. 10
(5) If there is more than 1 funded entity for the 11
funds, the funded entities are jointly and 12
severally liable for the debt. 13
Clause 9 Replacement of ss 39 and 40 14
Sections 39 and 40-- 15
omit, insert-- 16
39 Purpose of pt 7 17
(1) This part includes provisions for the appointment 18
of authorised officers, and gives authorised 19
officers particular powers. 20
(2) The purpose of these provisions is to ensure a 21
chief executive has available suitably qualified 22
persons who can help the chief executive-- 23
(a) deal with issues about compliance under this 24
Act; and 25
(b) ensure the proper and efficient delivery of 26
funded products and services. 27
40 Functions of authorised officers 28
An authorised officer has the following 29
functions-- 30
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 10]
(a) investigating, monitoring and ensuring 1
compliance with this Act; 2
(b) investigating or monitoring whether an 3
occasion has arisen for the exercise of 4
powers under this Act; 5
(c) facilitating the exercise of powers under this 6
Act; 7
(d) another function conferred on an authorised 8
officer under this Act or another Act. 9
Clause 10 Replacement of ss 41-43 10
Sections 41 to 43-- 11
omit, insert-- 12
41 Appointment 13
(1) A chief executive of a department (an appointing 14
chief executive) may appoint any of the 15
following persons as authorised officers-- 16
(a) a public service employee or another 17
employee of the department; 18
(b) for the purpose of investigating a particular 19
matter--another person. 20
(2) However, an appointing chief executive may 21
appoint a person as an authorised officer only 22
if-- 23
(a) the chief executive is satisfied the person is 24
appropriately qualified for appointment; and 25
(b) the person has the competencies, if any, 26
prescribed under a regulation as relevant to 27
the person's appointment. 28
(3) A person may be appointed generally or for 29
stated provisions of this Act or another Act. 30
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 11]
42 Authorised officer subject to direction 1
In exercising a power given under this Act, an 2
authorised officer is subject to the directions of 3
the officer's appointing chief executive. 4
Clause 11 Amendment of s 45 (Issue of identity card) 5
Section 45(1)-- 6
omit, insert-- 7
(1) An appointing chief executive must issue an 8
identity card to each person the chief executive 9
appoints as an authorised officer. 10
Clause 12 Amendment of s 53 (Issue of warrant) 11
(1) Section 53(1)(a), `community services from a funded service 12
provider'-- 13
omit, insert-- 14
a funded product or service from a funded entity 15
(2) Section 53(1)(b)-- 16
omit, insert-- 17
(b) to check whether a funded entity has taken 18
the steps required to comply with a 19
compliance notice; or 20
(c) for a funded entity that has received funding 21
to deliver disability services to which the 22
Disability Services Act 2006 applies--to 23
check whether the funded entity has 24
complied with a provision of that Act. 25
(3) Section 53(2)-- 26
omit, insert-- 27
(2) However, the magistrate may issue a warrant 28
under subsection (1)(b) or (c) only if the 29
magistrate is satisfied noncompliance may 30
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 13]
severely affect the delivery of a funded product or 1
service. 2
Clause 13 Amendment of s 57 (General powers after entering a 3
place) 4
Section 57(3)(g), after `to (f)'-- 5
insert-- 6
, including, for example, to give information 7
Clause 14 Replacement of ss 60 and 61 8
Sections 60 and 61-- 9
omit, insert-- 10
60 Power to require information 11
(1) This section applies if a chief executive or an 12
authorised officer reasonably believes-- 13
(a) an offence against this Act has been 14
committed or a serious concern exists; and 15
(b) an entity may be able to give information 16
about the offence or serious concern. 17
(2) The chief executive or authorised officer may, by 18
notice given to the entity, require the entity to 19
give the chief executive or authorised officer 20
information related to the offence or serious 21
concern within a stated reasonable time and in a 22
stated way. 23
(3) A requirement under subsection (2) is an 24
information requirement. 25
(4) For information that is an electronic document, 26
compliance with the information requirement 27
requires the giving of a clear image or written 28
version of the electronic document. 29
(5) The chief executive or authorised officer may 30
keep information that is a document to copy it. 31
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 14]
(6) If the chief executive or authorised officer copies 1
the document, or an entry in the document, the 2
chief executive or authorised officer may require 3
the entity who has possession or control of the 4
document to certify the copy as a true copy of the 5
document or entry. 6
(7) A requirement under subsection (6) is a 7
certification requirement. 8
(8) The chief executive or authorised officer must 9
return the document to the entity as soon as 10
practicable after copying it. 11
(9) When making an information requirement or 12
certification requirement, the chief executive or 13
authorised officer must warn the entity it is an 14
offence not to comply with the requirement, 15
unless the entity has a reasonable excuse. 16
61 Offence to contravene information 17
requirement or certification requirement 18
(1) An entity of whom an information requirement or 19
certification requirement is made must comply 20
with the requirement unless the entity has a 21
reasonable excuse. 22
Maximum penalty--50 penalty units. 23
(2) It is a reasonable excuse for an individual not to 24
give the information if giving the information 25
might tend to incriminate the individual or 26
expose the individual to a penalty. 27
(3) If a court convicts a person of an offence against 28
subsection (1), the court may also order the 29
person to give to a stated chief executive or 30
authorised officer, within a stated time and in a 31
stated way, the information to which the 32
information requirement related. 33
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 15]
Clause 15 Insertion of new s 61A 1
Part 7, division 5-- 2
insert-- 3
61A Duty to avoid inconvenience and minimise 4
damage 5
In exercising a power, an authorised officer must 6
take all reasonable steps to cause as little 7
inconvenience, and do as little damage, as 8
possible. 9
Clause 16 Amendment of s 63 (Compensation) 10
Section 63(1), `chief executive'-- 11
omit, insert-- 12
State 13
Clause 17 Replacement of s 68 (Main purpose of pt 8) 14
Section 68-- 15
omit, insert-- 16
68 Application of pt 8 17
This part applies to the appointment, by a chief 18
executive under part 3, division 3, of an interim 19
manager for the funding received by a funded 20
entity. 21
Clause 18 Omission of ss 69 and 70 22
Sections 69 and 70-- 23
omit. 24
Clause 19 Amendment of s 71 (Suitability of proposed appointee) 25
Section 71(2)(a)-- 26
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 20]
omit, insert-- 1
(a) the type of funded product or service; 2
Clause 20 Amendment of s 72 (Terms of appointment) 3
(1) Section 72, `funded service provider'-- 4
omit, insert-- 5
funded entity 6
(2) Section 72(b) to (d)-- 7
omit, insert-- 8
(b) details of the funded entity; 9
(c) the funded product or service to be 10
delivered; 11
(d) the way in which, or the extent to which the 12
funded product or service is to be delivered; 13
Clause 21 Replacement of s 73 (Notice to funded service provider 14
about appointment) 15
Section 73-- 16
omit, insert-- 17
73 Notice to funded entity about appointment 18
(1) Immediately after appointing a person as interim 19
manager for the funding received by a funded 20
entity, the chief executive must give notice of the 21
appointment to the funded entity. 22
(2) The chief executive must also give notice of the 23
appointment to any other funded entity, if any, for 24
the funding. 25
(3) The notice must be accompanied by a copy of the 26
appointment. 27
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 22]
Clause 22 Replacement of s 74 (Informing persons using 1
community services about appointment) 2
Section 74-- 3
omit, insert-- 4
74 Informing particular persons about 5
appointment 6
(1) The chief executive may direct the interim 7
manager to inform persons using a funded 8
product or service of the funded entity about the 9
appointment before the interim manager 10
exercises a power under this part, for example, 11
by-- 12
(a) giving them notice of the appointment; or 13
(b) posting notice of the appointment at the 14
premises of the funded entity where they are 15
likely to see it. 16
(2) In this section-- 17
appointment includes a variation of the 18
appointment. 19
Clause 23 Amendment of s 76 (Variation of appointment) 20
(1) Section 76-- 21
insert-- 22
(1A) However, the chief executive must not vary the 23
appointment to apply to other funding received 24
by the funded entity. 25
(2) Section 76(5)(a) and (b)-- 26
omit, insert-- 27
(a) the matters stated in section 21; and 28
(b) the operation of the funded entity since the 29
appointment started. 30
(3) Section 76(6), `service provider'-- 31
Page 29
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 24]
omit, insert-- 1
funded entity 2
(4) Section 76(1A) to (6)-- 3
renumber as section 76(2) to (7). 4
Clause 24 Amendment of s 77 (Ending of appointment) 5
(1) Section 77(1), `section 70'-- 6
omit, insert-- 7
section 21 8
(2) Section 77(2)-- 9
omit, insert-- 10
(2) The chief executive must, by notice given to an 11
interim manager, end the interim manager's 12
appointment if the chief executive becomes 13
aware that the funded entity-- 14
(a) is insolvent; or 15
(b) is being wound up voluntarily. 16
(3) Immediately after ending an appointment under 17
subsection (1) or (2), the chief executive-- 18
(a) must give notice about the ending of the 19
appointment to each funded entity given 20
notice of the appointment under section 73; 21
and 22
(b) may inform persons using a funded product 23
or service of the funded entity about the 24
ending of the appointment in the way the 25
chief executive considers appropriate. 26
(4) In this section-- 27
insolvent, in relation to a funded entity, means 28
the funded entity is unable to pay all its debts as 29
and when they become due and payable. 30
Page 30
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 25]
Clause 25 Replacement of ss 79 and 80 1
Sections 79 and 80-- 2
omit, insert-- 3
79 Functions 4
The interim manager's functions are, to the extent 5
stated in the instrument of appointment-- 6
(a) to remedy a serious concern for the funding 7
received by the funded entity; and 8
(b) to ensure a funded product or service of the 9
funded entity continues to be delivered by 10
the funded entity. 11
80 Powers 12
So far as is necessary to carry out his or her 13
functions, the interim manager may-- 14
(a) enter any part of the funded entity's 15
premises; and 16
(b) use the facilities or things in the premises 17
that it appears are intended for use, or are 18
ordinarily used, to deliver a funded product 19
or service of the funded entity; and 20
(c) ask for and accept payments owing to the 21
funded entity; and 22
(d) do anything in relation to the funded product 23
or service, on behalf of the funded entity, 24
that the funded entity is permitted or 25
required to do. 26
Clause 26 Amendment of s 82 (Other powers) 27
(1) Section 82, `service provider'-- 28
omit, insert-- 29
entity 30
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 27]
(2) Section 82, example, `service provider's property'-- 1
omit, insert-- 2
entity's property or direct staff of the funded entity in providing a 3
funded product or service 4
Clause 27 Amendment of s 86 (Access to information or 5
documents) 6
(1) Section 86(1), `service provider'-- 7
omit, insert-- 8
entity 9
(2) Section 86(2)-- 10
renumber as section 86(3). 11
(3) Section 86-- 12
insert-- 13
(2) The funded entity and the executive officer of the 14
funded entity may disclose the information 15
despite another provision in this or another Act. 16
Clause 28 Amendment of s 87 (Confidentiality) 17
(1) Section 87(1)(a), `service provider'-- 18
omit, insert-- 19
entity 20
(2) Section 87(1)(b) and (2)(c), `service provider'-- 21
omit, insert-- 22
funded entity 23
(3) Section 87(2)(e)-- 24
omit, insert-- 25
(e) if the person reasonably believes a serious 26
concern exists--to report the person's belief 27
Page 32
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 29]
to an entity that can take appropriate action; 1
or 2
Clause 29 Amendment of s 91 (Compensation) 3
Section 91(1), `chief executive'-- 4
omit, insert-- 5
State 6
Clause 30 Amendment of s 93 (Chief executive must give notice 7
after making reviewable decision) 8
Section 93(1)(e)-- 9
omit. 10
Clause 31 Amendment of s 94 (Application for review) 11
Section 94(2), after `under section 93'-- 12
insert-- 13
from a chief executive 14
Clause 32 Amendment of s 95 (Stay of operation of original 15
decision) 16
Section 95(3) to (6)-- 17
omit, insert-- 18
(3) The chief executive may stay the decision to 19
secure the effectiveness of the review. 20
(4) The stay may be granted on conditions the chief 21
executive considers appropriate and has effect for 22
the period stated by the chief executive. 23
(5) The period of the stay must not extend past the 24
time when the chief executive makes the review 25
decision. 26
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 33]
Clause 33 Amendment of s 96 (Review decision) 1
Section 96(4), `QCAT information notice about the decision'-- 2
omit, insert-- 3
notice stating the decision and the reasons for the 4
decision 5
Clause 34 Omission of pt 9, div 3 (Review of review decision by 6
tribunal) 7
Part 9, division 3-- 8
omit. 9
Clause 35 Replacement of ss 124-126 10
Sections 124 to 126-- 11
omit, insert-- 12
124 Joint exercise of powers 13
(1) This section applies if more than 1 department 14
provides funding received by a funded entity. 15
(2) The chief executive of 1 of the departments (the 16
first chief executive) may exercise a power on 17
behalf of any or all of the chief executives of the 18
other departments in relation to the funding 19
received by the funded entity. 20
(3) The first chief executive may only act on behalf 21
of a chief executive of another department with 22
the written consent of the other chief executive. 23
(4) The exercise of a power by the first chief 24
executive on behalf of the chief executive of 25
another department may be in relation to all or 26
part of the funding provided by the other chief 27
executive's department. 28
(5) Nothing in this section limits the power of a chief 29
executive under this Act. 30
Page 34
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 36]
125 Chief executive not required to notify 1
particular funded entities 2
(1) This section applies if, under this Act, a chief 3
executive is required to give notice to a funded 4
entity that has received funding. 5
(2) The chief executive is not required to give the 6
notice to the funded entity (the first entity) if-- 7
(a) the first entity received the funding from 8
another funded entity (the second entity); 9
and 10
(b) the first entity is not an approved 11
subcontractor of the second entity. 12
(3) In this section-- 13
approved subcontractor, of a funded entity, 14
means an entity that may receive funding from 15
the funded entity to deliver a funded product or 16
service under-- 17
(a) a funding agreement about the funding; or 18
(b) a written approval given by the chief 19
executive. 20
Clause 36 Amendment of s 128 (Duty of confidentiality) 21
(1) Section 128(1)(a)-- 22
omit, insert-- 23
(a) who is, or has been, any of the following-- 24
(i) a chief executive of a department 25
providing funding; 26
(ii) a public service employee or another 27
employee of a department providing 28
funding; 29
(iii) an authorised officer; and 30
(2) Section 128(2)(e)-- 31
Page 35
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 37]
omit, insert-- 1
(e) if the person reasonably believes a serious 2
concern exists--to report the person's belief 3
to an entity that can take appropriate action. 4
Clause 37 Replacement of s 129 (Power to require information or 5
documents) 6
Section 129-- 7
omit, insert-- 8
129 Power to require information 9
(1) A chief executive may, by notice (a requirement 10
notice), require a funded entity to give the chief 11
executive, within a stated reasonable time, 12
information relating to the provision of a funded 13
product or service by the funded entity. 14
(2) The funded entity must comply with the 15
requirement notice. 16
(3) The funded entity may comply with the 17
requirement by giving a copy of a document 18
certified as a true copy of the document. 19
Clause 38 Amendment of s 130 (Protection from liability for giving 20
information) 21
(1) Section 130(1), `the chief executive, by an approved service 22
provider or a funded service provider'-- 23
omit, insert-- 24
a chief executive by a funded entity 25
(2) Section 130(2), from `An approved' to `of the provider' 26
omit, insert-- 27
A funded entity, or a person on behalf of the entity 28
Page 36
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 39]
Clause 39 Replacement of s 131 (Chief executive may share 1
information about service provider) 2
Section 131-- 3
omit, insert-- 4
131 Chief executive may share information about 5
funded entity 6
(1) A chief executive may give information about a 7
funded entity to-- 8
(a) a department if the funded entity receives 9
funding the department has provided; or 10
(b) another entity if the chief executive 11
considers the entity has an interest in the 12
proper and efficient delivery of a funded 13
product or service of the funded entity. 14
(2) A chief executive may act under subsection (1) 15
without the consent of the funded entity. 16
Clause 40 Replacement of section 132 (Delegation by Minister or 17
chief executive) 18
Section 132-- 19
omit, insert-- 20
132 Delegation by Minister or chief executive 21
(1) A Minister or a chief executive of a department 22
may delegate the Minister's or chief executive's 23
functions under this Act to an appropriately 24
qualified person who is a public service 25
employee or other employee of the department. 26
(2) In this section-- 27
function includes a power. 28
Clause 41 Amendment of s 133 (Protecting officials from liability) 29
(1) Section 133-- 30
Page 37
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 42]
insert-- 1
(1A) Without limiting subsection (1), an interim 2
manager is not civilly liable for a loss incurred by 3
a funded entity unless the loss is attributable to 4
the interim manager's dishonesty or negligence. 5
(2) Section 133(2), after `subsection (1)'-- 6
insert-- 7
or (2) 8
(3) Section 133(3), definition official, paragraphs (a) and (b)-- 9
omit, insert-- 10
(a) a Minister; or 11
(b) a chief executive; or 12
(4) Section 133(3)(d), after `employee'-- 13
insert-- 14
or other employee of a department 15
(5) Section 133(1A) to (3)-- 16
renumber as section 133(2) to (4). 17
Clause 42 Amendment of s 136 (Definition for div 1) 18
Section 136-- 19
insert-- 20
Note-- 21
The definitions approved service provider, assistance, 22
funded service provider, service agreement and service 23
provider were omitted from this Act by the 24
Communities Legislation (Funding Red Tape Reduction) 25
Amendment Act 2014. 26
Page 38
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 43]
Clause 43 Omission of pt 13, div 2 (Provision for Criminal Code and 1
Other Acts Amendment Act 2008) 2
Part 13, division 2-- 3
omit. 4
Clause 44 Insertion of new pt 13, div 4 5
Part 13-- 6
insert-- 7
Division 4 Transitional provisions for 8
Communities Legislation 9
(Funding Red Tape 10
Reduction) Amendment 11
Act 2014 12
Subdivision 1 Preliminary 13
147 Definitions for div 4 14
In this division-- 15
amending Act means the Communities 16
Legislation (Funding Red Tape Reduction) 17
Amendment Act 2014. 18
chief executive means the chief executive of the 19
department administering this Act. 20
commencement means the commencement of the 21
provision in which the term is used. 22
funded service provider see previous section 23
9(1). 24
interim manager means a person appointed as 25
interim manager under previous section 69. 26
Page 39
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 44]
previous, for a provision of this Act, means the 1
provision as in force immediately before the 2
commencement. 3
service agreement see previous section 27(1). 4
service provider see previous section 7(1). 5
unamended Act means this Act as in force from 6
time to time before the commencement. 7
Subdivision 2 Transitional provision for 8
repealed Family Services 9
Act 1987 10
148 Written agreements about grants continue in 11
force 12
(1) This section applies if a written agreement about 13
a grant provided by a department to an entity 14
under the repealed Act was in force immediately 15
before the commencement. 16
(2) The agreement continues in force despite the 17
repeal of the repealed Act. 18
(3) If, before the commencement, the agreement or a 19
provision of the repealed Act related to the 20
agreement was contravened, the repealed Act 21
continues to apply for the contravention as if the 22
repealed Act had not been repealed. 23
(4) In this section-- 24
repealed Act means the repealed Family Services 25
Act 1987. 26
Page 40
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 44]
Subdivision 3 Other transitional 1
provisions 2
149 Service agreements continue in force 3
(1) This section applies if a service agreement 4
between the chief executive and a service 5
provider was in force immediately before the 6
commencement. 7
(2) The service agreement continues in force despite 8
the repeal, under the amending Act, of provisions 9
of this Act relating to service agreements. 10
(3) However, on and from the commencement, a 11
term of the service agreement requiring the 12
funded service provider to obtain or maintain 13
approval as an approved service provider is of no 14
effect. 15
(4) In this section-- 16
approved service provider see previous section 8. 17
150 Obligation to enter agreement about 18
assistance continues 19
(1) This section applies if, immediately before the 20
commencement, a service provider who received 21
assistance after giving the written agreement 22
mentioned in previous section 27(4)(a) has not 23
complied with previous section 27(4)(b). 24
(2) The chief executive must stop the assistance if 25
the service provider does not enter into a funding 26
agreement about the assistance within the time 27
stated in the written agreement given under 28
previous section 27(4)(a). 29
(3) In this section-- 30
assistance means assistance given to a service 31
provider under previous part 4. 32
Page 41
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 44]
151 Contraventions of funding agreement or Act 1
before commencement 2
(1) This section applies if, before the 3
commencement-- 4
(a) a service agreement between the chief 5
executive and a service provider was 6
contravened; or 7
(b) a provision of the unamended Act related to 8
the service agreement mentioned in 9
paragraph (a) was contravened. 10
(2) The unamended Act continues to apply for the 11
contravention as if the amending Act had not 12
been enacted. 13
(3) Without limiting subsection (2)-- 14
(a) an authorised officer may exercise, or 15
continue to exercise, powers under the 16
unamended Act; and 17
(b) a magistrate may hear and decide, or 18
continue to hear and decide, an application 19
for a warrant for a place under previous part 20
7, division 3, subdivision 2; and 21
(c) the chief executive may give the funded 22
service provider a compliance notice; and 23
(d) if the service provider contravenes a 24
compliance notice-- 25
(i) the service provider may be prosecuted 26
for an offence against previous section 27
32(6); or 28
(ii) the chief executive may suspend or 29
cancel funding to the service provider 30
under previous section 32(8); and 31
(e) an interim manager may be appointed for 32
the service provider; and 33
Page 42
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 44]
(f) the chief executive may act under previous 1
section 38 to recover all or some of the 2
funding. 3
(4) In this section-- 4
compliance notice see previous section 32(3). 5
152 Authorised officers 6
(1) A person who, immediately before the 7
commencement, held office as an authorised 8
officer is taken to be an authorised officer 9
appointed under section 41 by the chief executive 10
administering this Act until the person stops 11
holding office under section 47. 12
(2) A person who, immediately before the 13
commencement, held office as an authorised 14
officer under the Disability Services Act 2006 is 15
taken to be an authorised officer appointed under 16
section 41 by the chief executive administering 17
that Act until the person stops holding office 18
under section 47. 19
153 Interim managers 20
(1) This section applies if-- 21
(a) immediately before the commencement, a 22
person was appointed as an interim manager 23
for a funded service provider; or 24
(b) an interim manager is appointed for a 25
funded service provider under section 151. 26
(2) The interim manager may exercise, or continue to 27
exercise, a power under the unamended Act in 28
relation to the service provider. 29
(3) For the purposes of subsection (2), the 30
unamended Act continues to apply to the interim 31
Page 43
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 44]
manager's appointment as if the amending Act 1
had not been enacted. 2
154 Reviews 3
(1) This section applies to a decision of the chief 4
executive under this Act if-- 5
(a) before the commencement the decision was 6
a reviewable decision; and 7
(b) after the commencement the decision is not 8
a reviewable decision. 9
(2) The unamended Act continues to apply to the 10
decision despite the enactment of the amending 11
Act. 12
(3) Without limiting subsection (2)-- 13
(a) an interested person for the review decision 14
made by the chief executive under previous 15
section 96 may apply to QCAT for a review 16
of the decision under previous section 97; 17
and 18
(b) QCAT may hear and decide, or continue to 19
hear and decide, an application for a review 20
of the review decision under previous 21
section 97. 22
Subdivision 4 Renumbering of Act 23
155 Renumbering of Act 24
(1) On the commencement, the provisions of this Act 25
are amended by numbering and renumbering 26
them in the same way as a reprint may be 27
numbered and renumbered under the Reprints 28
Act 1992, section 43. 29
Page 44
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 45]
(2) Each reference in the following to a provision 1
renumbered under subsection (1) is amended, 2
when the renumbering happens, by omitting the 3
reference to the previous number and inserting 4
the new number-- 5
(a) this Act; 6
(b) the Disability Services Act 2006-- 7
(i) part 10A, division 4, subdivision 3, 8
heading, note; and 9
(ii) part 10A, division 8, subdivision 2, 10
heading, note. 11
(3) This section does not limit the operation of the 12
Acts Interpretation Act 1954, section 14H(2). 13
(4) This subdivision expires the day after the 14
commencement of the last numbering or 15
renumbering of a provision done under the 16
section. 17
(5) This section does not limit the Reprints Act 1992. 18
Clause 45 Replacement of sch 1 (Reviewable decisions) 19
Schedule 1-- 20
omit, insert-- 21
Page 45
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 46]
Schedule 1 Reviewable decisions 1
section 92 2
Interested person Reviewable decision
funded entity whose to suspend or stop assistance to a funded
funding is suspended or entity or terminate a funding agreement for
stopped not complying with a compliance notice (s
19(5))
funded entity for which to appoint an interim manager for a funded
interim manager entity (s 20)
appointed
Clause 46 Amendment and renumbering of sch 4 (Dictionary) 3
(1) Schedule 4, definitions accepted representations, approved 4
service provider, assistance, funded service provider, 5
prescribed requirement, proposed action, QCAT information 6
notice, service agreement, service provider, show cause 7
notice, show cause period, standards, tribunal-- 8
omit. 9
(2) Schedule 4-- 10
insert-- 11
appointing chief executive see section 41(1). 12
certification requirement see section 60(7). 13
funded entity see section 7(1). 14
funded product or service see section 7(2). 15
funding see section 8(1). 16
funding agreement see section 8(2). 17
funding declaration see section 12(1). 18
information includes a document. 19
Page 46
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 2 Amendment of Community Services Act 2007
[s 46]
information requirement see section 60(3). 1
Queensland Government website means-- 2
(a) a website with a URL that contains 3
`qld.gov.au', other than the website of a 4
local government; or 5
(b) another website prescribed under a 6
regulation. 7
requirement notice see section 129(1). 8
serious concern see section 16. 9
(3) Schedule 4, definition authorised officer, `section 42'-- 10
omit, insert-- 11
section 41 12
(4) Schedule 4, definition compliance notice, `section 32(3)'-- 13
omit, insert-- 14
section 19(1) 15
(5) Schedule 4, definition confidential information, `a person's'-- 16
omit, insert-- 17
an individual's 18
(6) Schedule 4, definition confidential information, paragraph (b), 19
`person'-- 20
omit, insert-- 21
individual 22
(7) Schedule 4, definition interim manager, `section 69'-- 23
omit, insert-- 24
section 20 25
(8) Schedule 4, as amended-- 26
renumber as schedule 2. 27
Page 47
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 3 Amendment of Child Protection Act 1999
[s 47]
Part 3 Amendment of Child Protection 1
Act 1999 2
Clause 47 Act amended 3
This part amends the Child Protection Act 1999. 4
Clause 48 Insertion of new ch 5, pt 1A 5
Chapter 5-- 6
insert-- 7
Part 1A Honorary officers 8
155A Function 9
The function of an honorary officer is to assist the 10
chief executive in the administration of this Act. 11
155B Appointment 12
(1) The chief executive may appoint a person to be 13
an honorary officer. 14
(2) However, the chief executive may appoint a 15
person to be an honorary officer only if, in the 16
chief executive's opinion, the person is 17
appropriately qualified to be an honorary officer. 18
(3) An honorary officer, while performing the 19
function of an honorary officer, is taken to be 20
employed by the chief executive. 21
155C Term 22
(1) An honorary officer holds office for the term, of 23
no more than 2 years, stated in the instrument of 24
appointment. 25
Page 48
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 3 Amendment of Child Protection Act 1999
[s 49]
(2) An honorary officer stops holding office if the 1
officer-- 2
(a) completes a term of office; or 3
(b) resigns office by signed notice given to the 4
chief executive; or 5
(c) is removed from office by the chief 6
executive by signed notice given to the 7
officer. 8
155D Conditions of appointment 9
(1) An honorary officer holds office on the 10
conditions stated in the officer's instrument of 11
appointment. 12
(2) A condition of an honorary officer's appointment 13
may-- 14
(a) limit the officer's function; or 15
(b) require the officer to satisfactorily complete 16
stated training. 17
Clause 49 Amendment of s 182 (Evidentiary provisions) 18
Section 182(2)(a) and (b), after `an authorised officer'-- 19
insert-- 20
or honorary officer 21
Clause 50 Insertion of new ch 9, pt 8 22
Chapter 9-- 23
insert-- 24
Page 49
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 51]
Part 8 Transitional provision 1
for Communities 2
Legislation (Funding 3
Red Tape Reduction) 4
Amendment Act 2014 5
270 Honorary officers appointed under repealed 6
Act 7
A person who, immediately before the 8
commencement of this section, held office as an 9
honorary officer under the repealed Family 10
Services Act 1987 for a purpose related to this 11
Act is taken to be an honorary officer under this 12
Act until the person stops holding office under 13
section 155C. 14
Clause 51 Amendment of sch 3 (Dictionary) 15
(1) Schedule 3, definition appropriately qualified-- 16
omit. 17
(2) Schedule 3-- 18
insert-- 19
honorary officer means a person appointed as an 20
honorary officer under section 155B. 21
Part 4 Amendment of Disability 22
Services Act 2006 23
Clause 52 Act amended 24
This part amends the Disability Services Act 2006. 25
Page 50
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 53]
Clause 53 Omission of s 16 (Meaning of approved non-government 1
service provider) 2
Section 16-- 3
omit. 4
Clause 54 Omission of pts 3 and 4 5
Parts 3 and 4-- 6
omit. 7
Clause 55 Amendment of s 41 (Complaints by consumers) 8
Section 41(2), note-- 9
omit. 10
Clause 56 Omission of pts 6-8 11
Parts 6 to 8-- 12
omit. 13
Clause 57 Amendment of pt 10A, div 4, sdiv 3, hdg (Requirements if 14
adult subject to forensic order or involuntary treatment 15
order) 16
Part 10A, div 4, sdiv 3, heading, note, `section 161'-- 17
omit, insert-- 18
the Community Services Act 2007, section 19 19
Clause 58 Amendment of pt 10A, div 8, sdiv 2, hdg (Requirements 20
for relevant service providers) 21
Part 10A, div 8, sdiv 2, heading, note, `section 161'-- 22
omit, insert-- 23
the Community Services Act 2007, section 19 24
Page 51
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 59]
Clause 59 Omission of pts 11 and 12 1
Parts 11 and 12-- 2
omit. 3
Clause 60 Omission of pt 14 (Reviews) 4
Part 14-- 5
omit. 6
Clause 61 Amendment of s 193 (Appointments and authority) 7
Section 193(b) and (c)-- 8
omit, insert-- 9
(b) the authority of the chief executive to do 10
anything under this Act. 11
Clause 62 Amendment of s 194 (Signatures) 12
Section 194, `or an authorised officer'-- 13
omit. 14
Clause 63 Amendment of s 195 (Evidentiary provisions) 15
(1) Section 195(1)(d)-- 16
omit. 17
(2) Section 195(1)(e) and (f)-- 18
renumber as section 195(1)(d) and (e). 19
Clause 64 Amendment of s 222 (Confidentiality of other 20
information) 21
(1) Section 222(3)(b)-- 22
omit. 23
(2) Section 222(3)(e)-- 24
Page 52
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 65]
omit, insert-- 1
(e) a person authorised by the chief executive to 2
carry out research related to the objects of 3
this Act; or 4
(3) Section 222(3)(c) to (da)-- 5
renumber as section 222(3)(b) to (d). 6
Clause 65 Insertion of new s 226A 7
After section 226-- 8
insert-- 9
226A Monitoring and enforcement 10
The functions of an authorised officer under the 11
Community Services Act 2007 include the 12
following-- 13
(a) investigating, monitoring and ensuring 14
compliance with this Act; 15
(b) investigating or monitoring whether an 16
occasion has arisen for the exercise of 17
powers under this Act; 18
(c) facilitating the exercise of powers under this 19
Act. 20
Clause 66 Amendment of s 227 (Delegation by Minister) 21
Section 227(2) and (3)-- 22
omit, insert-- 23
(2) However, the Minister must not delegate the 24
review of the Act under section 233. 25
Clause 67 Amendment of s 228 (Delegation by chief executive) 26
Section 228(2)-- 27
omit. 28
Page 53
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 68]
Clause 68 Amendment of s 229 (Protecting officials from liability) 1
(1) Section 229(3), definition official, paragraphs (c) and (e)-- 2
omit. 3
(2) Section 229(3), definition official, paragraphs (d) to (g)-- 4
renumber as paragraphs (c) to (e). 5
Clause 69 Amendment of s 237 (Certain non-government service 6
providers taken to be approved under part 6 and to be 7
funded non-government service providers) 8
Section 237(2)-- 9
insert-- 10
Note-- 11
The definition approved non-government service 12
provider and part 6 were omitted from this Act by the 13
Communities Legislation (Funding Red Tape Reduction) 14
Amendment Act 2014. 15
Clause 70 Amendment of s 238 (When grants of financial assistance 16
under the repealed Act continue) 17
Section 238(3)-- 18
insert-- 19
Note-- 20
The definition funding agreement was omitted from this 21
Act by the Communities Legislation (Funding Red Tape 22
Reduction) Amendment Act 2014. 23
Clause 71 Amendment of s 239 (Queensland disability service 24
standards to continue in force) 25
Section 239(1)-- 26
insert-- 27
Page 54
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 72]
Note-- 1
The definition service standards was omitted from this 2
Act by the Communities Legislation (Funding Red Tape 3
Reduction) Amendment Act 2014. 4
Clause 72 Amendment of s 240 (Disability sector quality system to 5
continue in force) 6
Section 240(1)-- 7
insert-- 8
Note-- 9
The definition disability sector quality system was 10
omitted from this Act by the Communities Legislation 11
(Funding Red Tape Reduction) Amendment Act 2014. 12
Clause 73 Insertion of new pt 16, div 10 13
Part 16-- 14
insert-- 15
Division 10 Transitional provisions for 16
Communities Legislation 17
(Funding Red Tape 18
Reduction) Amendment 19
Act 2014 20
326 Definitions for div 10 21
In this division-- 22
amending Act means the Communities 23
Legislation (Funding Red Tape Reduction) 24
Amendment Act 2014. 25
authorised officer means a person appointed 26
immediately before the commencement as an 27
authorised officer under previous section 125. 28
commencement means the commencement of the 29
provision in which the term is used. 30
Page 55
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 73]
funding agreement see previous section 56(1). 1
interim manager means a person appointed as 2
interim manager under previous section 169. 3
previous, for a provision of this Act, means the 4
provision as in force immediately before the 5
commencement of the amending Act, section 73. 6
unamended Act mean this Act as in force from 7
time to time before the commencement. 8
327 Funding agreements continue in force 9
(1) This section applies if a funding agreement 10
between the chief executive and a funded 11
non-government service provider was in force 12
immediately before the commencement. 13
(2) The funding agreement continues in force despite 14
the repeal, under the amending Act, of provisions 15
of this Act relating to funding agreements. 16
(3) However, if the funding agreement contains a 17
term mentioned in previous section 58(1)(j), on 18
and from the commencement-- 19
(a) the term is of no effect; and 20
(b) the agreement is taken to provide that-- 21
(i) the funded non-government service 22
provider must comply with the Human 23
Services Quality Standards; and 24
(ii) recurrent funding to the funded 25
non-government service provider will 26
stop if the service provider does not 27
comply with the Human Services 28
Quality Standards. 29
(4) Also, on and from the commencement, a term of 30
the funding agreement requiring the funded 31
non-government service provider to obtain or 32
Page 56
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 73]
maintain approval as an approved 1
non-government service provider is of no effect. 2
(5) In this section-- 3
approved non-government service provider see 4
former section 16. 5
Human Services Quality Standards means the 6
standards stated in the document called `Human 7
Services Quality Standards' published on the 8
department's website on the internet. 9
328 Obligation to enter agreement about 10
assistance continues 11
(1) This section applies if, immediately before the 12
commencement, a non-government service 13
provider who received funding after giving the 14
written agreement mentioned in previous section 15
56(4)(a) has not complied with previous section 16
56(4)(b). 17
(2) The chief executive must stop the funding if the 18
non-government service provider does not enter 19
into a funding agreement about the funding 20
within the time stated in the written agreement 21
given under previous section 56(4)(a). 22
329 Contraventions of funding agreement or Act 23
before commencement 24
(1) This section applies if, before the 25
commencement-- 26
(a) a funding agreement between the chief 27
executive and a funded non-government 28
service provider was contravened; or 29
(b) a provision of the unamended Act related to 30
the funding agreement mentioned in 31
paragraph (a) was contravened. 32
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 73]
(2) The unamended Act continues to apply for the 1
contravention as if the amending Act had not 2
been enacted. 3
(3) Without limiting subsection (2)-- 4
(a) an authorised officer may exercise, or 5
continue to exercise, powers under the 6
unamended Act; and 7
(b) a magistrate may hear and decide, or 8
continue to hear and decide, an application 9
for a warrant for a place under previous part 10
11, division 2, subdivision 2; and 11
(c) the chief executive may give the funded 12
non-government service provider a 13
compliance notice under previous section 14
161; and 15
(d) if the service provider contravenes a 16
compliance notice-- 17
(i) the service provider may be prosecuted 18
for an offence against previous section 19
161(6); or 20
(ii) the chief executive may suspend or 21
cancel funding to the service provider 22
under previous section 161(8); and 23
(e) an interim manager may be appointed for 24
the service provider under previous part 12. 25
(4) In this section-- 26
authorised officer means an authorised officer 27
under the Community Services Act 2007. 28
330 Interim managers 29
(1) This section applies if-- 30
(a) immediately before the commencement, a 31
person was appointed as an interim manager 32
Page 58
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 73]
for a funded non-government service 1
provider; or 2
(b) an interim manager is appointed for a 3
funded non-government service provider 4
under section 329. 5
(2) The interim manager may exercise, or continue to 6
exercise, a power under the unamended Act in 7
relation to the service provider. 8
(3) For the purposes of subsection (2), the 9
unamended Act continues to apply to the interim 10
manager's appointment as if the amending Act 11
had not been enacted. 12
331 Confidentiality obligation continues to apply 13
to authorised officers and interim managers 14
(1) This section applies to a person who is or has 15
been either of the following under the 16
unamended Act-- 17
(a) an authorised officer; 18
(b) an interim manager. 19
(2) Previous section 222 continues to apply to the 20
person as if the amending Act had not been 21
enacted. 22
332 Reviews 23
(1) This section applies to a decision of the chief 24
executive under this Act if, before the 25
commencement, the decision was a reviewable 26
decision. 27
(2) The unamended Act continues to apply to the 28
decision despite the enactment of the amending 29
Act. 30
(3) Without limiting subsection (2)-- 31
Page 59
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 73]
(a) an interested person for the review decision 1
made by the chief executive under previous 2
section 211 may apply to QCAT for a review 3
of the decision under previous section 212; 4
and 5
(b) QCAT may hear and decide, or continue to 6
hear and decide, an application for a review 7
of the review decision under previous 8
section 212. 9
(4) In this section-- 10
reviewable decision means a decision stated in 11
previous schedule 2. 12
333 Renumbering of Act 13
(1) On the commencement, the provisions of this Act 14
are amended by numbering and renumbering 15
them in the same way as a reprint may be 16
numbered and renumbered under the Reprints 17
Act 1992, section 43. 18
(2) Each reference in this Act, and each reference in 19
other legislation mentioned in schedule 2, to a 20
provision of this Act renumbered under 21
subsection (1) is amended, when the 22
renumbering happens, by omitting the reference 23
to the previous number and inserting the new 24
number. 25
(3) This section does not limit the operation of the 26
Acts Interpretation Act 1954, section 14H(2), 27
including, for example, the operation of that Act 28
in relation to a provision that is not mentioned in 29
schedule 2. 30
(4) This section and schedule 2 expire the day after 31
the commencement of the last numbering or 32
Page 60
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 74]
renumbering of a provision done under this 1
section. 2
(5) This section does not limit the Reprints Act 1992. 3
Clause 74 Replacement of sch 2 (Reviewable decisions) 4
Schedule 2-- 5
omit, insert-- 6
Schedule 2 Renumbered 7
cross-references 8
section 333 9
Child Protection (Offender 10
Reporting) Act 2004 11
1 Schedule 3, definition disability 12
Commission for Children and 13
Young People and Child 14
Guardian Act 2000 15
1 Section 344(1)(a) 16
2 Schedule 7, definition disability services 17
3 Schedule 7, definition funded non-government 18
service provider 19
4 Schedule 7, definition person with a disability 20
Page 61
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 74]
Coroners Act 2003 1
1 Section 9(1)(a) 2
Education (Work Experience) 3
Act 1996 4
1 Schedule, definition person with a disability 5
Forensic Disability Act 2011 6
1 Section 47 7
Guardianship and 8
Administration Act 2000 9
1 Section 80U, definition adult with an intellectual 10
or cognitive disability 11
2 Section 80U, definition assessment 12
3 Section 80U, definition chemical restraint 13
4 Section 80U, definition chemical restraint (fixed 14
dose) 15
5 Section 80U, definition community access 16
services 17
6 Section 80U, definition contain 18
7 Section 80U, definition disability services 19
Page 62
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 74]
8 Section 80U, definition harm 1
9 Section 80U, definition informal decision-maker 2
10 Section 80U, definition least restrictive 3
11 Section 80U, definition positive behaviour 4
support plan 5
12 Section 80U, definition respite/community access 6
plan 7
13 Section 80U, definition respite services 8
14 Section 80U, definition restrictive practice 9
15 Section 80U, definition seclude 10
16 Section 80V(2)(e) 11
17 Section 80ZF(4)(b) 12
18 Section 80ZS(5), definition restricting access 13
19 Section 80ZT(1) 14
20 Section 80ZT(3)(f) 15
21 Section 80ZU 16
Guide, Hearing and Assistance 17
Dogs Act 2009 18
1 Section 108(e)(iii) 19
Page 63
Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 4 Amendment of Disability Services Act 2006
[s 74]
Queensland Civil and 1
Administrative Tribunal 2
Regulation 2009 3
1 Schedule 1, part 3 4
2 Schedule 1, part 6 5
Queensland Civil and 6
Administrative Tribunal Rules 7
2009 8
1 Rule 21(1)(a) 9
2 Rule 28(1)(d) 10
3 Rule 36(4)(a) 11
Superannuation (State Public 12
Sector) Deed 1990 13
1 Section 5A(3), definition disability 14
Terrorism (Preventative 15
Detention) Act 2005 16
1 Section 62(2) 17
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Part 5 Repeal of Family Services Act 1987
[s 75]
Clause 75 Amendment of sch 7 (Dictionary) 1
(1) Schedule 7, definitions approved non-government service 2
provider, authorised officer, compliance notice, disability 3
sector quality system, document certification requirement, 4
document production requirement, external certification body, 5
funding agreement, home, interested person, interim manager, 6
obstruct, owner, personal details requirement, prescribed 7
requirement, reviewable decision, review decision and service 8
standards-- 9
omit. 10
(2) Schedule 7-- 11
insert-- 12
interested person, for a relevant decision for part 13
10A, division 7, see section 123ZY. 14
Part 5 Repeal of Family Services Act 15
1987 16
Clause 76 Repeal 17
The Family Services Act 1987, No. 32 is repealed. 18
Part 6 Minor and consequential 19
amendments 20
Clause 77 Acts amended 21
Schedule 1 amends the Acts it mentions. 22
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Schedule 1
Schedule 1 Minor and consequential 1
amendments 2
section 77 3
Community Services Act 2007 4
1 Section 44(3), definition signed notice, before `chief 5
executive'-- 6
insert-- 7
authorised officer's appointing 8
2 Section 48, before `chief executive'-- 9
insert-- 10
officer's appointing 11
3 Section 49, before `chief executive'-- 12
insert-- 13
person's appointing 14
4 Section 64, `the chief executive'-- 15
omit, insert-- 16
a chief executive 17
5 Section 65, `the chief executive'-- 18
omit, insert-- 19
a chief executive 20
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Schedule 1
6 Section 78, `service provider'-- 1
omit, insert-- 2
entity 3
7 Section 89, `service provider'-- 4
omit, insert-- 5
entity 6
8 Section 90(1), `service provider'-- 7
omit, insert-- 8
entity 9
9 Section 90(3), `service provider'-- 10
omit, insert-- 11
funded entity 12
10 Section 92(a), `the chief executive'-- 13
omit, insert-- 14
a chief executive 15
11 Section 93(1), `decision, the'-- 16
omit, insert-- 17
decision, a 18
12 Section 114(a) and (c), `the chief'-- 19
omit, insert-- 20
a chief 21
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Schedule 1
13 Section 115, `the chief executive'-- 1
omit, insert-- 2
a chief executive 3
14 Section 116(1), `the chief executive'-- 4
omit, insert-- 5
a chief executive 6
15 Section 134, `The'-- 7
omit, insert-- 8
A 9
Maintenance Act 1965 10
1 Section 128(1)(f), `Family Services Act 1987'-- 11
omit, insert-- 12
Community Services Act 2007 13
2 Section 133, `for the purposes of the Family Services Act 14
1987'-- 15
omit, insert-- 16
in which the Community Services Act 2007 is 17
administered 18
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Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014
Schedule 1
Police Service Administration Act 1990 1
1 Section 5AA.14(3)(a)(v), examples-- 2
omit, insert-- 3
Example for subparagraph (v)-- 4
Public Service Act 2008, section 188B 5
Public Service Act 2008 6
1 Section 155A, definition department of communities, 7
paragraph (c)-- 8
omit. 9
© State of Queensland 2014
Authorised by the Parliamentary Counsel
Page 69
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