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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CHILDREN'S SERVICES
LEGISLATION
AMENDMENT BILL 1998
Queensland
CHILDREN'S SERVICES LEGISLATION
AMENDMENT BILL 1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF CHILDREN'S SERVICES ACT 1965
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 144 (Secrecy provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 3--AMENDMENT OF CHILDREN'S COMMISSIONER
AND CHILDREN'S SERVICES APPEALS TRIBUNALS ACT 1996
5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of s 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Amendment of s 24 (Investigation of complaint about the
delivery of children's services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Amendment of s 76 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Insertion of new s 76A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
76A Application of Freedom of Information Act 1992 . . . . . . . . . . . . . . . 7
10 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1998
A BILL
FOR
An Act to amend the Children's Services Act 1965 and the Children's
Commissioner and Children's Services Appeals Tribunals Act 1996
s1 4 s4
Children's Services Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Children's Services Legislation 4
Amendment Act 1998. 5
6
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF CHILDREN'S SERVICES 8
ACT 1965 9
amended in pt 2 10
Act
Clause 3. This part amends the Children's Services Act 1965. 11
of s 144 (Secrecy provisions) 12
Amendment
Clause 4.(1) Section 144(1B)-- 13
insert-- 14
`(aa) to the Children's Commissioner for assessing or investigating a 15
complaint under the Children's Commissioner and Children's 16
Services Appeals Tribunals Act 1996; or'. 17
(2) Section 144-- 18
insert-- 19
`(1C) If the Children's Commissioner asks the chief executive for 20
information about a matter that may be given under subsection (1B)(aa), the 21
s4 5 s4
Children's Services Legislation Amendment
chief executive must give the commissioner the information. 1
`(1D) However, the chief executive must not give identifying 2
information unless-- 3
(a) the chief executive has consulted under a regulation with the 4
relevant notifier and the notifier has consented to the information 5
being given; or 6
(b) the chief executive has taken all reasonable steps to consult under 7
a regulation with the relevant notifier but has been unable to 8
contact the notifier. 9
`(1E) The chief executive must-- 10
(a) comply with subsection (1D) in a way that takes account of the 11
safety and welfare of the notifier; and 12
(b) keep the Children's Commissioner informed of-- 13
(i) matters concerning the safety and welfare of the notifier; and 14
(ii) the progress of any consultation, or any steps taken to 15
consult, with the notifier.'. 16
(3) Section 144(5)-- 17
insert-- 18
` "identifying information" means information that identifies, or is likely 19
to lead to the identification of, a notifier. 20
"notifier" means a person who has notified a public service officer or a 21
police officer about the suspected maltreatment of a child.'. 22
s5 6 s8
Children's Services Legislation Amendment
PART 3--AMENDMENT OF CHILDREN'S 1
COMMISSIONER AND CHILDREN'S SERVICES 2
APPEALS TRIBUNALS ACT 1996 3
amended in pt 3 4
Act
Clause 5. This part amends the Children's Commissioner and Children's 5
Services Appeals Tribunals Act 1996. 6
of s 3 (Dictionary) 7
Amendment
Clause 6. Section 3(1), `schedule 2'-- 8
omit, insert-- 9
`the schedule'. 10
of s 24 (Investigation of complaint about the delivery of 11
Amendment
children's services) 12
Clause 7. Section 24(3)-- 13
omit, insert-- 14
`(3) In conducting the investigation, the commissioner may, by written 15
notice, do any or all of the following-- 16
(a) inform the entity that provides the service (the "service 17
provider") of the nature of the complaint and that an 18
investigation is being carried out; 19
(b) invite the service provider to make a written submission about the 20
complaint within the reasonable time stated in the notice; 21
(c) invite the complainant and the service provider to a conference 22
with a view to resolving the complaint.'. 23
of s 76 (Confidentiality) 24
Amendment
Clause 8.(1) Section 76(3)(c), `if the person'-- 25
omit, insert-- 26
s9 7 s 10
Children's Services Legislation Amendment
`if each person'. 1
(2) Section 76-- 2
insert-- 3
`(4) Despite subsection (3), a person may not publish information given 4
under the Children's Services Act 1965, section 1441, in a way that 5
identifies, or is likely to lead to the identification of-- 6
(a) a child mentioned in the information; or 7
(b) a person who has notified a public service officer or a police 8
officer about the suspected maltreatment of a child; or 9
(c) another person to whom the information relates. 10
`(5) In this section-- 11
"publish", for information, means to publish it to the public in any way, 12
including, for example, by way of television, newspaper, radio or the 13
Internet.'. 14
of new s 76A 15
Insertion
Clause 9. After section 76-- 16
insert-- 17
of Freedom of Information Act 1992 18
`Application
`76A. For the Freedom of Information Act 1992, a document given to 19
the commissioner under the Children's Services Act 1965, section 144, is 20
taken not to be a document of the commission.'. 21
of sch (Dictionary) 22
Amendment
Clause 10. Schedule, definition "children's services legislation"-- 23
insert-- 24
`(e) the repealed Adoption of Children Act 1935; or 25
(f) the repealed Children's Protection Act 1896; or 26
1 Children's Services Act 1965, section 144 (Secrecy provisions)
s 10 8 s 10
Children's Services Legislation Amendment
(g) the repealed Guardianship and Custody of Infants Act 1891; or 1
(h) the repealed Infant Life Protection Act 1905; or 2
(i) the repealed State Children Act 1911.'. 3
4
© State of Queensland 1998
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