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CHILDREN SERVICES TRIBUNAL BILL 2000

      Queensland




CHILDREN SERVICES
TRIBUNAL BILL 2000

 


 

 

Queensland CHILDREN SERVICES TRIBUNAL BILL 2000 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY Division 1--Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 2--Interpretation 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 What is "harm" to a child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 3--Operation of Act 5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 4--Object and principles 6 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7 Principles underlying this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 2--ESTABLISHMENT AND MEMBERSHIP OF CHILDREN SERVICES TRIBUNAL Division 1--Establishment of tribunal 8 Children Services Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 9 Tribunal not subject to direction by Minister . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 2--Membership of tribunal 10 Membership of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 11 Selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12 Eligibility for appointment as member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 13 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

 


 

2 Children Services Tribunal 15 Remuneration etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 16 Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 17 Minister may obtain information from commissioner of police service . . . 15 Division 3--Functions and powers of president and deputy president 18 President's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 19 President not subject to direction by Minister . . . . . . . . . . . . . . . . . . . . . . . . 16 20 Facilitators and independent inquirers lists . . . . . . . . . . . . . . . . . . . . . . . . . . 16 21 President's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 22 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 23 When deputy president to act as president . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 3--REGISTRAR AND OTHER STAFF 24 Registrar of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 25 Keeping of records and information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 26 Staff of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 4--ORGANISATION, JURISDICTION AND OPERATION OF TRIBUNAL Division 1--Sitting and constitution of tribunal 27 Sitting of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 28 Constitution of tribunal for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 29 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 30 Limitation on members who may constitute tribunal . . . . . . . . . . . . . . . . . . 20 31 Members must disclose certain interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 32 Reconstituting tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 33 Way question of law to be decided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 34 Way other question to be decided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 2--Jurisdiction and matters relating to decisions 35 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 36 Tribunal may hold hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 37 Tribunal to decide matters afresh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 38 Powers of tribunal on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 39 President may refer reviewable decision back for internal review . . . . . . . 24 40 When matter before court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 41 Tribunal's powers to dismiss review application . . . . . . . . . . . . . . . . . . . . . . 25

 


 

3 Children Services Tribunal 42 Tribunal's decision must be in writing etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 26 43 Registrar must give information notice to parties . . . . . . . . . . . . . . . . . . . . . 26 44 Copies of decisions and recommendations must be given . . . . . . . . . . . . . . 26 45 Effect of tribunal's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 3--General powers and procedures of the tribunal 46 Powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 47 Method of conducting proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 48 Proceedings must usually be held in private . . . . . . . . . . . . . . . . . . . . . . . . . 28 49 Party and witness before tribunal may have support person present . . . . . . 29 50 When proceeding may be held in public . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 51 Procedure generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 52 Tribunal's procedures must take account of certain matters . . . . . . . . . . . . 30 53 Expert help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 54 Procedural directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 55 Adjournments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 56 Tribunal may proceed in absence of party . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Division 4--Starting reviews, parties and representatives, and stay of reviewable decisions 57 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 58 How to start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 59 Applications on behalf of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 60 Registrar to give notice of review application . . . . . . . . . . . . . . . . . . . . . . . 33 61 Parties to review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 62 Certain persons may elect to become parties . . . . . . . . . . . . . . . . . . . . . . . . 34 63 Joinder of person as party to review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 64 Right of party to appear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 65 When review applications may be dealt with together . . . . . . . . . . . . . . . . 35 66 Representation of parties other than children . . . . . . . . . . . . . . . . . . . . . . . . 35 67 Representation of children by lawyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 68 Separate representation of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 69 Review application does not affect reviewable decision . . . . . . . . . . . . . . . 36 70 Stay of reviewable decision's operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 71 Withdrawal of review application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

 


 

4 Children Services Tribunal Division 5--Documents 72 Div 5 does not affect the Child Protection Act 1999, ss 186 or 191 . . . . . . 38 73 President or presiding member may constitute tribunal for ss 74, 75 and 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 74 Decision maker must give the tribunal certain documents . . . . . . . . . . . . . 38 75 Tribunal may order production of documents . . . . . . . . . . . . . . . . . . . . . . . . 39 76 Person may object to giving documents to tribunal . . . . . . . . . . . . . . . . . . . 40 77 Parties access to documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 78 When copies of documents may be given . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Division 6--Preliminary conferences 79 Preliminary conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 80 Single member may constitute tribunal for preliminary conference . . . . . . 42 81 Registrar must give parties notice of preliminary conference . . . . . . . . . . . 42 Division 7--Alternative dispute resolution 82 Purpose of alternative dispute resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 83 Referral to ADR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 84 Appointment of facilitators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 85 Facilitators must disclose certain interests . . . . . . . . . . . . . . . . . . . . . . . . . . 43 86 Procedure at ADR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 87 Evidence from ADR inadmissible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 88 Facilitators to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 89 Facilitators' reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 90 Settlement of review at ADR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 8--Children as witnesses etc. 91 Children must not be compelled to give evidence . . . . . . . . . . . . . . . . . . . . 45 92 Child's right to express views to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 93 Children giving evidence or expressing views to tribunal . . . . . . . . . . . . . . 46 94 Questioning of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 95 Provisions for child-related employment reviews . . . . . . . . . . . . . . . . . . . . . 47 96 Provisions applying if party to review is a child who is a parent of the child about whom the reviewable decision was made . . . . . . . . . . . . . . 47 Division 9--Witnesses generally 97 Attendance of witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

 


 

5 Children Services Tribunal 98 Swearing or affirming witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 99 Allowances for witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 100 Witnesses need not be sworn or make affirmations . . . . . . . . . . . . . . . . . . . 49 101 Tribunal may refuse to allow party to call evidence etc. . . . . . . . . . . . . . . . 49 102 Tribunal may examine and cross-examine witnesses . . . . . . . . . . . . . . . . . . 49 103 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 104 Separate representative must not be called to give evidence . . . . . . . . . . . 50 Division 10--Other supporting provisions 105 Confidentiality orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 106 President or tribunal may authorise medical examination of child . . . . . . . 51 107 Carrying out medical examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 108 Tribunal may authorise constituting members to enter places and have contact with children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 109 Constituting members may enter place etc. . . . . . . . . . . . . . . . . . . . . . . . . . 54 110 Order to enter--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 111 Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 112 Tribunal may exclude person for contempt . . . . . . . . . . . . . . . . . . . . . . . . . . 55 113 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 114 Recovery of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 PART 5--INQUIRIES BY INDEPENDENT INQUIRERS Division 1--Appointment of independent inquirers for inquiries and other matters 115 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 116 Independent inquirers must disclose certain interests . . . . . . . . . . . . . . . . . . 57 117 Functions of independent inquirers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 118 Independent inquirer's access to documents . . . . . . . . . . . . . . . . . . . . . . . . . 57 119 Production of independent inquirer's instrument of appointment etc. . . . . . 57 Division 2--Powers of independent inquirers 120 Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 121 Authorised member or tribunal may authorise entry of places and contact with children by independent inquirer . . . . . . . . . . . . . . . . . . . . . . . 58 122 Independent inquirer may enter place etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 123 Order to enter--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

 


 

6 Children Services Tribunal Division 3--Reports by independent inquirers 124 Copies of independent inquirer's report to be given to parties . . . . . . . . . . . 60 125 Independent inquirer may be cross-examined about report . . . . . . . . . . . . . 60 126 Tribunal may adopt report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 PART 6--ENSURING TRIBUNAL DECISIONS AND RECOMMENDATIONS ARE GIVEN EFFECT 127 Application of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 128 Requests to chief executives of government entities . . . . . . . . . . . . . . . . . . 61 129 What happens if decision not given effect etc. . . . . . . . . . . . . . . . . . . . . . . . 62 PART 7--APPEALS 130 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 131 When to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 132 Appeal does not affect tribunal's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 133 Powers of the court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 PART 8--MISCELLANEOUS 134 Government entity may nominate decision maker . . . . . . . . . . . . . . . . . . . . 63 135 Obstruction of independent inquirer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 136 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 137 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 138 Giving documents to children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 139 Giving documents to certain persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 140 Return of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 141 Certain information not to be published . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 142 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 143 Protection and immunity of member etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 144 Protecting staff members from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 145 President to give statistical information to commissioner . . . . . . . . . . . . . . 68 146 Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 147 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 148 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 149 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 150 Rule-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 151 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

 


 

7 Children Services Tribunal PART 9--SAVING AND TRANSITIONAL PROVISIONS 152 Definitions for pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 153 Saving of appointments of tribunal panel members under repealed Act . . . 70 154 Certain decisions taken to be reviewable decisions under this Act . . . . . . 70 155 Appeals under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 156 What happens if a tribunal established under repealed Act . . . . . . . . . . . . . 71 157 Appeals to District Court from decisions of tribunals established under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 73 CONSEQUENTIAL AMENDMENTS ADOPTION OF CHILDREN ACT 1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 CHILD CARE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 CHILD PROTECTION ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 81 DICTIONARY

 


 

 

2000 A BILL FOR An Act to establish the Children Services Tribunal, to provide for the review by the tribunal of certain decisions about services for children, and for other purposes

 


 

s1 10 s4 Children Services Tribunal The Parliament of Queensland enacts-- 1 ART 1--PRELIMINARY 2 P 1--Introduction 3 Division title 4 Short 1. This Act may be cited as the Children Services Tribunal Act 2000. 5 6 Commencement 2. This Act commences on a day to be fixed by proclamation. 7 2--Interpretation 8 Division 9 Dictionary 3. The dictionary in schedule 2 defines particular words used in this Act. 10 is "harm" to a child 11 What 4.(1) "Harm", to a child, is any detrimental effect of a significant nature 12 on the child's physical, psychological or emotional wellbeing. 13 (2) It is immaterial how the harm is caused. 14 (3) Harm can be caused by-- 15 (a) physical, psychological or emotional abuse or neglect; or 16 (b) sexual abuse or exploitation. 17

 


 

s5 11 s7 Children Services Tribunal Division 3--Operation of Act 1 binds all persons 2 Act 5.(1) This Act binds all persons including the State and, so far as the 3 legislative power of the Parliament permits, the Commonwealth and all the 4 other States. 5 (2) Subsection (1) does not make the State, the Commonwealth or 6 another State liable for an offence. 7 Division 4--Object and principles 8 9 Object 6. The object of this Act is to establish the Children Services Tribunal-- 10 (a) to provide merit reviews of reviewable decisions that is 11 accessible, fair, informal, just and quick; and 12 (b) to make decisions in a review that promote the interests, rights 13 and wellbeing of the child about whom the reviewable decision 14 was made; and 15 (c) to conduct proceedings in a way that-- 16 (i) promotes the interests, rights and wellbeing of the child 17 involved in the proceedings; and 18 (ii) uses adversarial and inquisitorial procedures, as appropriate, 19 to arrive at the best possible decision in the circumstances; 20 and 21 (d) to foster an atmosphere of review that enhances the delivery of 22 services to children. 23 underlying this Act 24 Principles 7. The following principles underlie this Act-- 25 (a) in decisions involving a child-- 26 (i) the best interests of the child are the paramount concern; and 27

 


 

s7 12 s7 Children Services Tribunal (ii) the child's views and wishes should be taken into account in 1 a way that has regard to the child's age and maturity; 2 (b) every child is entitled to be protected from harm and cared for in a 3 way that promotes the child's wellbeing; 4 (c) every child is entitled to be treated in a way that respects the 5 child's dignity and privacy; 6 (d) it is generally in a child's best interests that decisions about the 7 child's welfare are made as quickly as possible; 8 (e) a child entitled to start, or participate in, a review-- 9 (i) should be given the information and help necessary for the 10 child to do so; and 11 (ii) should have access to appropriate representation; 12 (f) Aboriginal tradition and Island custom must be taken into account 13 in matters involving Aboriginal people and Torres Strait 14 Islanders; 15 (g) the cultural practices of persons involved in a review must be 16 taken into account to the extent they are relevant to the review; 17 (h) the relationship between a child and each significant person in the 18 child's life should be preserved unless to do so would not be in 19 the child's best interests; 20 (i) the tribunal should have all relevant material before it for making 21 a decision. 22

 


 

s8 13 s 11 Children Services Tribunal PART 2--ESTABLISHMENT AND MEMBERSHIP OF 1 CHILDREN SERVICES TRIBUNAL 2 1--Establishment of tribunal 3 Division Services Tribunal 4 Children 8. The Children Services Tribunal is established. 5 not subject to direction by Minister 6 Tribunal 9. In exercising its jurisdiction, the tribunal is not subject to the direction 7 of the Minister. 8 2--Membership of tribunal 9 Division of tribunal 10 Membership 10.(1) The members of the tribunal are-- 11 (a) the president; and 12 (b) if a deputy president is appointed, the deputy president; and 13 (c) the other members. 14 (2) The members are to be appointed by the Governor in Council. 15 (3) The members are appointed under this Act and not under the Public 16 Service Act 1996. 17 18 Selection 11.(1) For selecting a person for recommendation for appointment as a 19 member, the Minister must advertise for applications from appropriately 20 qualified persons to be considered for selection. 21 (2) The Minister may recommend to the Governor in Council a person 22 for appointment as a member only if subsection (1) has been complied 23 with. 24

 


 

s 12 14 s 14 Children Services Tribunal (3) In recommending persons for appointment as members, the Minister 1 must take into account-- 2 (a) the need for a balanced gender representation in the membership 3 of the tribunal; and 4 (b) the need for the membership of the tribunal to include Aboriginal 5 people and Torres Strait Islanders; and 6 (c) the need for the membership of the tribunal to reflect the social 7 and cultural diversity of the general community; and 8 (d) the range and experience of members of the tribunal. 9 for appointment as member 10 Eligibility 12. A person is eligible for appointment as a member only if the Minister 11 considers the person-- 12 (a) is committed to the principles mentioned in section 7; and 13 (b) has extensive professional knowledge and experience of children; 14 and 15 (c) has demonstrated a knowledge of and has experience in 1 or more 16 of the fields of administrative review, child care, child protection, 17 child welfare, community services, education, health, indigenous 18 affairs, law, psychology or social work. 19 of appointment 20 Term 13.(1) A member is appointed for the term stated in the member's 21 instrument of appointment. 22 (2) The term must not be longer than 3 years. 23 24 Resignation 14. A member may resign the person's office by signed notice of 25 resignation given to the Minister. 26

 


 

s 15 15 s 17 Children Services Tribunal etc. 1 Remuneration 15.(1) A member is entitled to be paid the remuneration and allowances 2 decided by the Governor in Council. 3 (2) A member holds office on the other conditions decided by the 4 Governor in Council. 5 from office 6 Removal 16. The Governor in Council may remove a member from office by 7 notice given to the member if the member-- 8 (a) is mentally or physically incapable of properly discharging the 9 functions of a member; or 10 (b) has demonstrated a disregard of the principles stated in section 7 11 in carrying out the member's duties; or 12 (c) has been found guilty of an offence the Minister considers makes 13 the member inappropriate to perform official duties. 14 may obtain information from commissioner of police service 15 Minister 17.(1) This section applies to a person who-- 16 (a) is a member; or 17 (b) has applied to be considered for selection as a member. 18 (2) For helping decide whether the person is suitable to be, or to continue 19 to be, a member, the Minister may ask the commissioner of the police 20 service to give the Minister the following information about the person-- 21 (a) a written report about the person's criminal history; 22 (b) a brief description of the circumstances of a conviction or charge 23 mentioned in the person's criminal history. 24 (3) Subject to subsection (4), the commissioner of the police service 25 must comply with the request. 26 (4) The duty imposed on the commissioner of the police service to 27 comply with the request applies only to information in the commissioner's 28 possession or to which the commissioner has access. 29

 


 

s 18 16 s 20 Children Services Tribunal (5) The Minister must cause information given to the Minister under this 1 section to be destroyed as soon as practicable after it is no longer needed for 2 the purpose for which it was requested. 3 3--Functions and powers of president and deputy president 4 Division functions 5 President's 18.(1) The president must-- 6 (a) ensure the efficient and quick discharge of the tribunal's business; 7 and 8 (b) ensure the members and the tribunal's staff receive regular and 9 appropriate training; and 10 (c) compile and maintain a list (the "facilitators list") of persons the 11 president considers are suitable to facilitate alternative dispute 12 resolution processes under this Act ("facilitators"); and 13 (d) compile and maintain a list (the "independent inquirers list") of 14 persons the president considers have the necessary expertise or 15 experience to perform the functions and exercise the powers of an 16 independent inquirer appointed under this Act ("independent 17 inquirers"); and 18 (e) ensure facilitators and independent inquirers receive appropriate 19 training. 20 (2) The president also has the other functions given to the president under 21 this or another Act. 22 not subject to direction by Minister 23 President 19. In performing or exercising the president's functions or powers, the 24 president is not subject to direction by the Minister. 25 and independent inquirers lists 26 Facilitators 20.(1) The president must not include a person's name on the facilitators 27 list or independent inquirers list without the person's consent. 28

 


 

s 21 17 s 23 Children Services Tribunal (2) The president must review each list at least once each year. 1 (3) The president may add a person's name to, or omit a person's name 2 from, a list. 3 (4) Before the president omits a person's name from a list, the president 4 must notify the person of the proposed omission and give the person 5 reasonable opportunity to make submissions to the president about why the 6 person's name should not be omitted. 7 (5) Subsection (4) does not apply if the person-- 8 (a) has asked the president to omit the person's name from the list; or 9 (b) has died. 10 powers 11 President's 21.(1) The president has the powers necessary or convenient to carry out 12 the president's functions. 13 (2) The president also has the other powers given to the president under 14 this or another Act. 15 16 Delegation 22. The president may delegate the president's powers under this Act to 17 another member. 18 deputy president to act as president 19 When 23. The deputy president is to act as president if the president is not 20 available to carry out the president's functions or there is a vacancy in the 21 office of president. 22

 


 

s 24 18 s 26 Children Services Tribunal PART 3--REGISTRAR AND OTHER STAFF 1 of tribunal 2 Registrar 24.(1) There is to be a registrar of the tribunal. 3 (2) The registrar must be a lawyer. 4 (3) The registrar is a member of the tribunal's staff. 5 (4) Subject to the president, the registrar is responsible for managing the 6 administrative affairs of the tribunal. 7 (5) The registrar's functions include helping the president to exercise the 8 president's functions. 9 of records and information 10 Keeping 25.(1) The registrar may keep the records and information the registrar 11 considers appropriate. 12 (2) Without limiting subsection (1), the registrar must keep the records of 13 and information about reviews. 14 of tribunal 15 Staff 26. The registrar, and other staff necessary to enable the tribunal to 16 perform its functions, are to be employed under the Public Service Act 17 1996. 18

 


 

s 27 19 s 28 Children Services Tribunal ART 4--ORGANISATION, JURISDICTION AND 1 P OPERATION OF TRIBUNAL 2 1--Sitting and constitution of tribunal 3 Division of tribunal 4 Sitting 27. The tribunal sits at the times and places in Queensland the president 5 directs. 6 of tribunal for review 7 Constitution 28.(1) For a review, the tribunal is to be constituted under the president's 8 direction. 9 (2) The president is to direct the constitution of the tribunal as soon as 10 practicable after the review application is filed. 11 (3) The tribunal must be constituted by 3 members unless, for a 12 child-related employment review, the president considers it appropriate for 13 the tribunal to be constituted by a single member. 14 (4) The tribunal, when constituted by 3 members-- 15 (a) must include, to the extent practicable-- 16 (i) at least 1 member with specialist knowledge and expertise 17 relevant to the matter the subject of the review; and 18 (ii) at least 1 member who is an Aborigine if a party, or a person 19 entitled to elect to become a party under section 62,1 is an 20 Aborigine; and 21 (iii) at least 1 member who is a Torres Strait Islander if a party, 22 or a person entitled to elect to become a party under 23 section 62, is a Torres Strait Islander; and 24 (b) must include, at least 1 member who is a lawyer of at least 25 5 years standing. 26 1 Section 62 (Certain persons may elect to become parties)

 


 

s 29 20 s 30 Children Services Tribunal (5) If the tribunal is constituted by a single member for a child-related 1 employment review, the member must be a lawyer of at least 5 years 2 standing. 3 member 4 Presiding 29.(1) If the tribunal is constituted by 3 members, the "presiding 5 member" is-- 6 (a) if the president is a constituting member--the president; or 7 (b) if paragraph (a) does not apply and the deputy president is a 8 constituting member--the deputy president; or 9 (c) otherwise--the constituting member designated as the presiding 10 member by the president. 11 (2) If the tribunal is constituted by a single member, including under 12 section 73 or 80,2 the "presiding member" is that person. 13 on members who may constitute tribunal 14 Limitation 30.(1) A member is ineligible to be a constituting member for a review if 15 the member-- 16 (a) is an employee or officer of the government entity in which the 17 reviewable decision was made; or 18 (b) was, when the reviewable decision was made, an employee or 19 officer of the government entity in which the reviewable decision 20 was made. 21 (2) A member is ineligible to be a constituting member for a review of a 22 reviewable decision made under the Child Care Act 1991 if the member has 23 been refused a licence under that Act or has had a licence under that Act 24 revoked. 25 (3) Subsection (4) applies if a member-- 26 (a) has been refused a certificate of approval, or a renewal of a 27 2 Section 73 (President or presiding member may constitute tribunal for ss 74, 75 and 76) or 80 (Single member may constitute tribunal for preliminary conference)

 


 

s 31 21 s 32 Children Services Tribunal certificate of approval, as an approved foster carer, under the 1 Child Protection Act 1999 or has had a certificate of approval as 2 an approved foster carer under that Act cancelled; or 3 (b) has been refused an application to act as a foster parent to a child 4 under the Children's Services Act 1965, section 107 or has had an 5 approval to act as a foster parent under that section revoked. 6 (4) The member is ineligible to be a constituting member for a review of 7 a reviewable decision made under the Child Protection Act 1999. 8 must disclose certain interests 9 Members 31.(1) This section applies if a constituting member becomes aware the 10 member has an interest, financial or otherwise, that could conflict with the 11 proper performance of the member's functions for the review (the 12 "conflict"). 13 (2) The constituting member must immediately disclose the issue giving 14 rise to the conflict-- 15 (a) if the member is the president--to the parties to the review; or 16 (b) otherwise--to the president and the parties to the review. 17 (3) After making the disclosure, the constituting member may disqualify 18 himself or herself. 19 (4) The constituting member may take part in the review only-- 20 (a) if the member is the president--with the agreement of the parties; 21 or 22 (b) otherwise--with the agreement of the president and the parties. 23 (5) This section is subject to section 30. 24 tribunal 25 Reconstituting 32.(1) This section applies if-- 26 (a) the tribunal is constituted for a review by 3 members; and 27 (b) a constituting member stops being a member or for any reason is 28 not available for the review. 29

 


 

s 33 22 s 33 Children Services Tribunal (2) The president may direct that the tribunal be reconstituted by the 1 remaining constituting members together with another member. 2 (3) In reconstituting the tribunal, the president must have regard to 3 section 28(4). 4 (4) The tribunal as reconstituted must continue and finish the review and, 5 for that purpose, may have regard to any record relating to the review made 6 by the tribunal as previously constituted. 7 question of law to be decided 8 Way 33.(1) This section applies for deciding a question of law arising in a 9 proceeding before the tribunal. 10 (2) If the presiding member is a lawyer, it must be decided according to 11 the presiding member's opinion. 12 (3) If the presiding member is not a lawyer and the tribunal as constituted 13 for the review includes 1 lawyer, it must be decided by the lawyer. 14 (4) If the presiding member is not a lawyer and the tribunal as constituted 15 for a review includes 2 lawyers, it must be decided by the lawyer authorised 16 by the president to decide questions of law arising in the review. 17 (5) If the presiding member constituting the tribunal under section 73 or 18 803 is not a lawyer, the member must obtain advice about the question from 19 a member appointed under section 10 who is a lawyer and decide the 20 question in accordance with the advice. 21 (6) For acting under subsection (5), the presiding member may adjourn a 22 proceeding. 23 (7) In this section-- 24 "lawyer" means a lawyer of at least 5 years standing. 25 3 Section 73 (President or presiding member may constitute tribunal for ss 74, 75 and 76) or 80 (Single member may constitute tribunal for preliminary conference)

 


 

s 34 23 s 37 Children Services Tribunal other question to be decided 1 Way 34.(1) This section applies for deciding a question arising in a proceeding 2 before the tribunal, other than a question of law. 3 (2) The decision is to be the opinion of-- 4 (a) if the tribunal is constituted by 3 members--the majority of the 5 constituting members; or 6 (b) if the tribunal is constituted by a single member--that member. 7 Division 2--Jurisdiction and matters relating to decisions 8 9 Jurisdiction 35.(1) The tribunal has jurisdiction to review a reviewable decision on an 10 application made under this Act. 11 (2) The tribunal also has other jurisdiction given to it under this or 12 another Act. 13 may hold hearing 14 Tribunal 36.(1) The tribunal may hold a hearing for a review. 15 (2) The tribunal may also hold a hearing to decide anything it may decide 16 under this or another Act. 17 to decide matters afresh 18 Tribunal 37.(1) For reviewing a reviewable decision, the tribunal is to-- 19 (a) decide afresh the matter to which the reviewable decision relates, 20 unaffected by the reviewable decision; and 21 (b) take all reasonable steps to ensure it has all relevant material 22 before it. 23 (2) Without limiting subsection (1), the tribunal may have regard to 24 relevant material that was not available to the decision maker. 25

 


 

s 38 24 s 39 Children Services Tribunal of tribunal on review 1 Powers 38.(1) After reviewing the reviewable decision, the tribunal may-- 2 (a) confirm, set aside or vary the decision; or 3 (b) set aside the decision and substitute its own decision; or 4 (c) set aside the decision and return it to the decision maker for 5 reconsideration in accordance with directions given by the 6 tribunal. 7 (2) For subsection (1), the tribunal-- 8 (a) has all the functions and powers of the decision maker; and 9 (b) must have regard to the matters the decision maker was required 10 to have regard to under the Act under which the decision was 11 made. 12 (3) Also, after reviewing a reviewable decision the tribunal may make 13 written recommendations to the chief executive of the government entity in 14 which the reviewable decision was made about the entity's policies, 15 practices and procedures relevant to the decision. 16 may refer reviewable decision back for internal review 17 President 39.(1) This section applies if-- 18 (a) a review application is before the tribunal; and 19 (b) the tribunal has not made a final decision on the review; and 20 (c) the president is satisfied there is an appropriate internal review 21 process available to review the reviewable decision in the 22 government entity in which it was made; and 23 (d) the applicant has not used the internal review process; and 24 (e) it is reasonable for the applicant to use the internal review process. 25 (2) The president may order the applicant to use the internal review 26 process. 27 (3) The president may adjourn the tribunal's review pending the outcome 28 of the internal review. 29

 


 

s 40 25 s 41 Children Services Tribunal (4) If the issues in dispute between the parties to the tribunal's review are 1 resolved by the internal review, the president must dismiss the application. 2 matter before court 3 When 40.(1) Subsection (2) applies if-- 4 (a) a review application is before the tribunal; and 5 (b) some or all the matters to which the reviewable decision relates 6 are also before a court. 7 (2) The president must suspend the tribunal's review if the president 8 considers-- 9 (a) the court's decision about the matters would effectively decide the 10 same issues to be decided by the tribunal; and 11 (b) the matters will be dealt with quickly by the court. 12 (3) If the president acts under subsection (2), the court decides the 13 matters and the decision effectively decides the issues before the tribunal, 14 the president must dismiss the review application. 15 (4) Subsection (5) applies if-- 16 (a) the president has suspended the tribunal's review; and 17 (b) the matters have not been decided by the court. 18 (5) The president may cancel the suspension and the tribunal may 19 continue to deal with the review application. 20 (6) The president may act under subsection (2), (3) or (5) on the 21 president's own initiative or on application by a party to the review. 22 powers to dismiss review application 23 Tribunal's 41.(1) The tribunal may dismiss a review application if-- 24 (a) the tribunal considers it is frivolous or vexatious; or 25 (b) the applicant has received reasonable notice of the time and place 26 of a proceeding relating to the application and has failed to appear 27 at the proceeding; or 28 (c) because of the applicant's unreasonable actions, proceedings 29

 


 

s 42 26 s 44 Children Services Tribunal relating to the application have been delayed. 1 (2) The tribunal must not dismiss a review application under 2 subsection (1)(b) if, within 7 days of the proceeding, the applicant gives the 3 tribunal a reasonable excuse for the applicant's failure to appear at the 4 proceeding. 5 decision must be in writing etc. 6 Tribunal's 42.(1) The tribunal must give its decision on a review in writing. 7 (2) The decision must include the reasons for the decision. 8 (3) As far as practicable, the tribunal must state the reasons so they can 9 be readily understood by the parties. 10 must give information notice to parties 11 Registrar 43.(1) As soon as practicable after the tribunal gives its decision on a 12 review, the registrar must give each party to the review an information 13 notice about its decision. 14 (2) The information notice must state-- 15 (a) the tribunal's decision; and 16 (b) the tribunal's reasons for the decision; and 17 (c) the party may appeal to the District Court against the decision 18 within 28 days, but only on a question of law; and 19 (d) how the party may start an appeal. 20 (3) However, to the extent the information notice given to a party would 21 otherwise state information in contravention of a confidentiality order, the 22 registrar must omit the information from the notice. 23 of decisions and recommendations must be given 24 Copies 44.(1) The registrar must also give a copy of the tribunal's decision on a 25 review to the chief executive of the government entity in which the decision 26 was made if the chief executive is not a party to the review. 27 (2) The registrar must give a copy of the tribunal's recommendations 28

 


 

s 45 27 s 46 Children Services Tribunal made under section 38(3) on a review, if any, to the decision maker if the 1 decision maker is not the chief executive of the government entity in which 2 the reviewable decision was made.4 3 of tribunal's decision 4 Effect 45.(1) The tribunal's decision on a review application takes effect from 5 when it is given or the later date stated in the decision. 6 (2) Subsection (3) applies if the tribunal decides to vary the reviewable 7 decision or substitute its own decision for the reviewable decision. 8 (3) The tribunal's decision-- 9 (a) is taken to be the decision of the person who made the reviewable 10 decision; and 11 (b) must be given effect by the government entity in which the 12 reviewable decision was made. 13 (4) Subsection (3) does not allow the tribunal's decision to be reviewed 14 under this Act by the tribunal. 15 Division 3--General powers and procedures of the tribunal 16 generally 17 Powers 46.(1) The tribunal has the powers given to it under this or another Act. 18 (2) The tribunal may do any of the following-- 19 (a) receive information on oath or affirmation; 20 (b) question a person giving evidence before the tribunal; 21 (c) adjourn its proceedings to the times and places it thinks fit; 22 4 Under section 38(3) the tribunal may make recommendations about a government entity's policies, practices and procedures to the chief executive of the entity.

 


 

s 47 28 s 48 Children Services Tribunal (d) order a party to a review to do something for progressing the 1 review; 2 (e) make interim orders and give procedural directions. 3 of conducting proceedings 4 Method 47.(1) The tribunal may, in appropriate cases, conduct a proceeding by 5 means of telephone conferencing, video conferencing or another form of 6 communication that allows reasonably contemporaneous and continuous 7 communication between persons taking part in the proceeding. 8 (2) The tribunal may decide all or part of a proceeding from a 9 consideration of the documents filed, without the parties or witnesses 10 appearing in person, if-- 11 (a) the parties to the proceeding agree; and 12 (b) the tribunal considers it appropriate in the circumstances. 13 must usually be held in private 14 Proceedings 48.(1) A proceeding before the tribunal must be held in private. 15 (2) However, the following are entitled to be present at the proceeding-- 16 (a) each party to the proceeding; 17 (b) if, under this Act, a party is entitled to be represented by someone 18 else at the proceeding, the party's representative; 19 (c) a separate representative representing a child in the proceeding; 20 (d) a witness while giving evidence; 21 (e) a person allowed to be present to support a party; 22 (f) a person allowed to be present to support a witness, while the 23 witness is giving evidence; 24

 


 

s 49 29 s 51 Children Services Tribunal (g) a person allowed to be present by the tribunal. 1 (3) This section is subject to sections 50, 93 and 112.5 2 and witness before tribunal may have support person present 3 Party 49.(1) The tribunal must inquire as to whether a party to, or a witness in, 4 a review before the tribunal requires the support of another person for the 5 review or while giving evidence. 6 (2) If the party or witness indicates he or she requires the support of 7 another person (the "support person"), the tribunal may allow the support 8 person to be present with the party at the review or while the witness is 9 giving evidence. 10 (3) The support person must not be a party to the review. 11 (4) The support person is not entitled to represent the party or witness at 12 the review or to address the tribunal. 13 proceeding may be held in public 14 When 50.(1) The tribunal may allow a proceeding before the tribunal to be held 15 in public if information identifying, or likely to lead to the identification of, a 16 particular child will not be given in the proceeding. 17 (2) However, the tribunal must not allow a proceeding about a 18 child-related employment review to be held in public. 19 generally 20 Procedure 51.(1) To the extent a matter relating to the tribunal's procedure is not 21 provided for by this Act, tribunal rules or directions given under section 54, 22 the tribunal may decide its own procedure. 23 (2) In conducting its proceedings, the tribunal-- 24 (a) must observe procedural fairness; and 25 5 Sections 50 (When proceeding may be held in public), 93 (Children giving evidence or expressing views to tribunal) and 112 (Tribunal may exclude person for contempt)

 


 

s 52 30 s 52 Children Services Tribunal (b) must act quickly, and with as little formality and technicality, as is 1 consistent with a fair and proper consideration of the issues before 2 it; and 3 (c) is not bound by the rules of evidence; and 4 (d) may inquire into, and inform itself, of anything in the way it 5 considers appropriate. 6 procedures must take account of certain matters 7 Tribunal's 52.(1) In conducting its proceedings, the tribunal must take reasonable 8 and practicable measures to ensure-- 9 (a) the proceedings are conducted in a way that recognises, and is 10 responsive to-- 11 (i) the needs of parties and witnesses who are children or 12 persons with intellectual or physical disabilities; and 13 (ii) the customs, need and traditions of parties or witnesses who 14 are Aborigines, Torres Strait Islanders or persons from other 15 cultural or linguistic backgrounds; and 16 (b) people taking part in the proceedings, particularly children, 17 understand the tribunal's procedures; and 18 (c) the tribunal understands the actions and assertions of, and views 19 expressed by, people taking part in the proceedings; and 20 (d) parties understand the nature of, and assertions made in, the 21 proceedings and the legal implications of the assertions; and 22 (e) parties have an opportunity to present their cases and have their 23 submissions considered. 24 (2) In taking measures under subsection (1)(c), the tribunal must have 25 regard to the people's ages, disabilities, and cultural, religious and 26 socioeconomic backgrounds. 27 (3) The measures may include-- 28 (a) using the services of lingual and cultural interpreters; and 29 (b) appointing an expert under section 53. 30 (4) However, if a person taking part in a proceeding has a difficulty 31

 


 

s 53 31 s 55 Children Services Tribunal communicating in English or a disability that prevents him or her fully 1 participating in the proceeding, the tribunal must not continue with the 2 proceeding without a lingual interpreter to translate things said in the 3 proceeding or a person to facilitate his or her participation in the proceeding. 4 help 5 Expert 53.(1) For a review, the tribunal may appoint a person having special 6 knowledge or skill to help the tribunal (an "expert"). 7 (2) If allowed by the tribunal, an expert may attend a proceeding before 8 the tribunal and advise the tribunal about the proceeding. 9 (3) The tribunal may act under subsection (1) on its own initiative or on 10 application by a party to the review. 11 directions 12 Procedural 54.(1) To the extent a matter relating to the tribunal's procedure is not 13 provided for by this Act or tribunal rules, the matter may be dealt with by 14 directions under this section. 15 (2) The president may give written directions about the tribunal's 16 procedure. 17 (3) The directions may be of general or limited application. 18 djournments 19 A 55.(1) In considering whether to adjourn a proceeding involving a child, 20 the tribunal must take into account any impact that adjourning the 21 proceeding will have on the child. 22 (2) When it adjourns a proceeding, the tribunal must-- 23 (a) give reasons for the adjournment; and 24 (b) state any matters it requires a party to the proceeding to address 25 during the adjournment; and 26 (c) give directions and make orders it considers necessary or 27 desirable. 28

 


 

s 56 32 s 58 Children Services Tribunal may proceed in absence of party 1 Tribunal 56. At a proceeding before the tribunal, the tribunal may decide a matter, 2 including a review application, in the absence of a party if it is satisfied-- 3 (a) the party has received reasonable notice of the proceeding; or 4 (b) all reasonable attempts have been made to give the party notice of 5 the proceeding. 6 Division 4--Starting reviews, parties and representatives, and stay of 7 reviewable decisions 8 decisions 9 Reviewable 57.(1) Under various Acts persons may apply to the tribunal to have 10 certain decisions made under those Acts reviewed by the tribunal.6 11 (2) In this Act those decisions are called reviewable decisions. 12 to start a review 13 How 58.(1) The review of a reviewable decision is started by the applicant for 14 review filing an application for the review (the "review application") in the 15 approved form with the registrar. 16 (2) The review application must state fully the grounds for the review 17 including why the applicant considers the reviewable decision is wrong. 18 (3) The review application must be filed within 28 days after the applicant 19 receives notice of the reviewable decision. 20 (4) However, the president may at any time extend the time for filing the 21 application if the president is satisfied the reason for the delay is reasonable 22 in the circumstances. 23 6 See, for example, the Adoption of Children Act 1964, section 14D, the Child Protection Act 1999, section 247, the Child Care Act 1991, section 41 and the Commission for Children and Young People Act 2000, section 121.

 


 

s 59 33 s 60 Children Services Tribunal on behalf of children 1 Applications 59.(1) A person may file a review application on behalf of a child only 2 with the president's permission. 3 (2) The president may give permission only if the president considers-- 4 (a) the person is not, on the person's own behalf, entitled to apply for 5 the decision to be reviewed by the tribunal; and 6 (b) it is in the child's best interests that the application be made; and 7 (c) it would be inappropriate for, or unreasonable to require, the child 8 to make the application himself or herself. 9 to give notice of review application 10 Registrar 60.(1) The registrar must give notice of a review application to the 11 decision maker. 12 (2) Within 7 days after receiving the notice, the decision maker must give 13 the registrar notice of the names and addresses of all persons, apart from the 14 applicant-- 15 (a) who are entitled to apply for a review of the reviewable decision 16 concerned; and 17 (b) of whom the decision maker is aware. 18 (3) For subsection (2), a person's entitlement to apply for a review is 19 taken to be unaffected by the ending of the period of 28 days mentioned in 20 section 58(3). 21 (4) Immediately on receipt of the decision maker's notice, the registrar 22 must give an information notice to each person named in the decision 23 maker's notice. 24 (5) The information notice must state-- 25 (a) details of the review application; and 26 (b) that the person may elect to become a party to the review within 27 7 days of receipt of the notice; and 28 (c) how the person may elect to become a party to the review. 29

 


 

s 61 34 s 64 Children Services Tribunal to review 1 Parties 61. The parties to a review are-- 2 (a) the applicant for the review; and 3 (b) the decision maker; and 4 (c) a person who elects to become a party under section 62; 5 (d) a person joined as a party under section 63. 6 persons may elect to become parties 7 Certain 62.(1) This section applies to a person who is given an information notice 8 under section 60(4). 9 (2) The person may elect to become a party to the review to which the 10 notice relates by filing a notice of election in the approved form with the 11 registrar. 12 (3) The notice of election must be filed with the registrar within 7 days 13 after the person receives the information notice. 14 of person as party to review 15 Joinder 63.(1) The tribunal may join a person as a party to a review if it is 16 satisfied the person is genuinely concerned in the subject matter of the 17 review. 18 (2) However, if the review concerns a child, the tribunal must not join a 19 person as a party unless it is satisfied that to do so would be in the child's 20 best interests. 21 (3) The tribunal may join a person as a party to the review on its own 22 initiative or on application by the person. 23 (4) The tribunal may join a person as a party to the review at any time 24 before the review application is finally decided by the tribunal. 25 of party to appear 26 Right 64.(1) A party in a proceeding before the tribunal may appear in person. 27

 


 

s 65 35 s 68 Children Services Tribunal (2) If the party is a corporation, the corporation may appear through an 1 officer of the corporation who is not a lawyer. 2 review applications may be dealt with together 3 When 65. If the tribunal considers 2 or more review applications arise from the 4 same or similar circumstances, the tribunal may deal with the applications 5 together. 6 of parties other than children 7 Representation 66.(1) This section applies to a party to a review other than a party who is 8 a child. 9 (2) The party may not be represented before the tribunal by a lawyer or 10 agent without the tribunal's permission. 11 (3) The party may apply to the tribunal for the tribunal's permission. 12 (4) In deciding the application, the tribunal must have regard to-- 13 (a) the nature and complexity of the factual and legal issues involved; 14 and 15 (b) the party's capacity to present the party's case. 16 (5) Subsection (4) does not limit the matters to which the tribunal may 17 have regard in deciding the application. 18 of children by lawyers 19 Representation 67.(1) This section applies to a party to a review who is a child. 20 (2) The child may be represented before the tribunal by a lawyer. 21 representation of children 22 Separate 68.(1) This section applies if a reviewable decision is about a child and 23 the decision is the subject of a review application. 24 (2) This section applies whether or not the child-- 25 (a) is a party to the review; or 26

 


 

s 69 36 s 70 Children Services Tribunal (b) is represented under section 67. 1 (3) The tribunal must consider whether it would be in the child's best 2 interests for the child to be separately represented under this section before 3 the tribunal by a lawyer (a "separate representative"). 4 (4) If the tribunal considers it would be in the child's best interest's for 5 the child to be separately represented under this section before the tribunal 6 by a lawyer, the tribunal must order that the child be represented by a 7 separate representative. 8 (5) A separate representative may represent more than 1 child in the same 9 proceeding. 10 (6) A separate representative must-- 11 (a) act in the child's best interests having regard to any expressed 12 views or wishes of the child; and 13 (b) as far as possible, present the child's views and wishes to the 14 tribunal. 15 (7) For this Act, a separate representative has the same rights and 16 obligations as a party to the review. 17 application does not affect reviewable decision 18 Review 69. The filing of a review application with the registrar does not affect the 19 reviewable decision, or the carrying out of the decision, unless the decision 20 is stayed. 21 of reviewable decision's operation 22 Stay 70.(1) The tribunal may stay the operation of a reviewable decision if a 23 review application relating to the decision has been filed with the registrar. 24 (2) The tribunal may act under subsection (1) on its own initiative or on 25 application by a party to the review. 26 (3) In deciding whether to stay the decision, the tribunal must-- 27 (a) in having regard to the principles mentioned in section 7, have 28

 


 

s 71 37 s 71 Children Services Tribunal particular regard to the principle mentioned in section 7(a)(i);7 and 1 (b) take into account-- 2 (i) the interests of persons likely to be affected by the tribunal's 3 decision on the review application; and 4 (ii) any submissions made to it by the decision maker and other 5 parties to the review. 6 (4) Subsection (3) does not limit the things the tribunal may take into 7 account. 8 (5) The stay-- 9 (a) may be given on conditions the tribunal considers appropriate; 10 and 11 (b) operates for the period fixed by the tribunal; and 12 (c) may be revoked or amended by the tribunal. 13 (6) However, the period of the stay must not extend past the time when 14 the tribunal decides the review. 15 of review application 16 Withdrawal 71.(1) An applicant may withdraw a review application by filing with the 17 registrar a notice of withdrawal. 18 (2) However, an applicant may withdraw a review application filed on 19 behalf of a child under section 59 only with the permission of the president 20 or the tribunal. 21 (3) The president or tribunal may give permission under subsection (2) 22 only if the president or tribunal considers that, having regard to the child's 23 views or wishes, if any, it is in the child's best interests that the application 24 be withdrawn. 25 7 Section 7(a)(i)-- 7. The following principles underlie this Act-- (a) in decisions involving a child-- (i) the best interests of the child are the paramount concern;

 


 

s 72 38 s 74 Children Services Tribunal (4) If a notice of withdrawal is filed, the registrar must give notice of the 1 withdrawal to each party to the review. 2 (5) This section does not affect the operation of section 95(4).8 3 5--Documents 4 Division 5 does not affect the Child Protection Act 1999, ss 186 or 191 5 Div 72. Nothing in this division affects the operation of the Child Protection 6 Act 1999, section 186 or 191.9 7 or presiding member may constitute tribunal for ss 74, 75 8 President and 76 9 73.(1) This section applies if the tribunal is constituted for a review by 10 3 members. 11 (2) Despite section 28,10 for exercising the tribunal's powers under 12 sections 74, 75 and 76, the tribunal may be constituted by the president or 13 the presiding member alone. 14 maker must give the tribunal certain documents 15 Decision 74.(1) Within 21 days of receiving notice under section 60(1) about a 16 review application, the decision maker must give to the tribunal-- 17 (a) a notice containing the reasons for the reviewable decision; and 18 (b) every other document in the decision maker's possession or 19 control that is relevant to the review. 20 (2) By notice given to the decision maker, the tribunal may shorten or 21 8 Section 95 (Provisions for child-related employment reviews) 9 The Child Protection Act 1999, section 186 is about protecting the identity of persons who give information about suspected harm to a child. Section 191 allows a person engaged in the administration of that Act to refuse to disclose to a court, tribunal or party certain information obtained under or in relation to the Act. 10 Section 28 (Constitution of tribunal for review)

 


 

s 75 39 s 75 Children Services Tribunal extend the period. 1 (3) The tribunal must not shorten the period to less than 3 business days 2 after the decision maker receives notice of the review application. 3 (4) The tribunal may act under subsection (2) only if satisfied that, not to 4 do so, will result in a child's interests being adversely affected or another 5 party to the review suffering hardship. 6 (5) Subsection (6) applies if the tribunal considers a notice given to the 7 tribunal under subsection (1)(a) does not adequately-- 8 (a) state the reasons; or 9 (b) state the findings on material questions of fact; or 10 (c) refer to the evidence and other material on which the findings 11 were based. 12 (6) The tribunal may order the decision maker to give the tribunal the 13 information necessary for the tribunal to be adequately informed of the 14 reasons for the reviewable decision. 15 (7) The tribunal may order the decision maker to give the applicant a 16 copy of the notice mentioned in subsection (1)(a) or information mentioned 17 in subsection (6). 18 (8) This section does not limit section 75. 19 may order production of documents 20 Tribunal 75.(1) This section applies if the tribunal considers a document may be 21 relevant to a review. 22 (2) The tribunal may, by notice given to a person, order the person to 23 give the document to the tribunal within a time stated in the notice. 24 (3) The notice must state-- 25 (a) sufficient particulars to enable the person to identify the 26 document; and 27 (b) that the tribunal considers the document may be relevant to the 28 review. 29 (4) The time stated in the notice must not be less than 3 business days 30 from when the notice is received by the person. 31

 


 

s 76 40 s 76 Children Services Tribunal (5) The person must comply with the notice, unless the person has a 1 reasonable excuse. 2 Maximum penalty--100 penalty units. 3 (6) It is a reasonable excuse if complying with the notice might tend to 4 incriminate the person. 5 may object to giving documents to tribunal 6 Person 76.(1) This section applies to a person who is ordered, under section 75 7 to give the tribunal a document for a review. 8 (2) Before the day the person must give the document to the tribunal, the 9 person may apply to the tribunal for an order that the person does not have 10 to give the document to the tribunal. 11 (3) Subject to subsection (5)(a), the person does not have to give the 12 document to the tribunal pending the outcome of the application. 13 (4) The tribunal must make the order if it is satisfied the document is not 14 materially relevant to the review. 15 (5) For deciding the application, the tribunal may do 1 or more of the 16 following-- 17 (a) order the person to give the document to the tribunal; 18 (b) examine the document; 19 (c) appoint an independent inquirer to examine the document and 20 report to the tribunal on the document's relevance to the review. 21 (6) If the document is given to the tribunal under subsection (5)(a), the 22 tribunal must deal with the document in a way that ensures it is not 23 disclosed to anyone else other than an independent inquirer appointed under 24 subsection (5)(c). 25 (7) An independent inquirer appointed under subsection (5)(c)-- 26 (a) may examine the document; and 27 (b) must not disclose the document's contents to anyone else except 28 the tribunal. 29 (8) The tribunal may act on the report of an independent inquirer 30 appointed by it. 31

 


 

s 77 41 s 79 Children Services Tribunal (9) If a person gives a document to the tribunal under subsection (5)(a) 1 and the tribunal orders that the person does not have to give the document to 2 the tribunal, the tribunal must return the document to the person. 3 access to documents 4 Parties 77.(1) This section applies to documents in the tribunal's possession for 5 a review. 6 (2) The registrar must allow the parties to the review to inspect and make 7 copies of the documents. 8 (3) For subsection (2), the registrar must give the parties reasonable 9 access to the documents during normal business hours. 10 (4) This section does not apply to documents in the tribunal's possession 11 for deciding an application under section 76(2). 12 (5) Also, this section is subject to a confidentiality order about the 13 documents. 14 copies of documents may be given 15 When 78. If, under this Act, a person is required to give a document to the 16 tribunal, the tribunal may allow the person to give it a copy of the document 17 instead of the original. 18 Division 6--Preliminary conferences 19 conferences 20 Preliminary 79.(1) The president, registrar or tribunal may require the parties to a 21 review to attend 1 or more preliminary conferences before the tribunal. 22 (2) At a preliminary conference, the tribunal may do 1 or more of the 23 following-- 24 (a) decide issues about representation under section 66 or 68;11 25 11 Section 66 (Representation of parties other than children) or 68 (Separate representation of children)

 


 

s 80 42 s 81 Children Services Tribunal (b) identify and clarify the issues in dispute; 1 (c) identify the questions of fact and law to be decided by the tribunal; 2 (d) identify information to be given to the tribunal by the parties; 3 (e) give the parties information about the tribunal's practice and 4 procedures; 5 (f) refer the parties to alternative dispute resolution; 6 (g) give directions and make orders about the conduct of the review. 7 (3) The procedure for a preliminary conference is at the discretion of the 8 tribunal. 9 (4) Without limiting subsection (3), at a preliminary conference the 10 tribunal may meet with a party separately-- 11 (a) if it considers doing so may avoid the escalation of conflict 12 between the parties; or 13 (b) if the party is a child and the tribunal considers doing so is in the 14 child's best interests having regard to the child's views and 15 wishes. 16 member may constitute tribunal for preliminary conference 17 Single 80.(1) This section applies if the tribunal constituted for a review consists 18 of 3 members and the parties to the review have been required to attend a 19 preliminary conference. 20 (2) The president or presiding member may direct that, for the 21 preliminary conference, the tribunal may be constituted by a stated single 22 constituting member. 23 must give parties notice of preliminary conference 24 Registrar 81.(1) The registrar must give notice of a preliminary conference to the 25 parties. 26 (2) The notice must state the matters that may be dealt with at the 27 preliminary conference. 28

 


 

s 82 43 s 85 Children Services Tribunal (3) The period of the notice must be reasonable having regard to the 1 matters that may be dealt with at the preliminary conference. 2 Division 7--Alternative dispute resolution 3 of alternative dispute resolution 4 Purpose 82. The purpose of alternative dispute resolution ("ADR") is-- 5 (a) to identify and reduce the issues in dispute between the parties to a 6 review; and 7 (b) to promote settlement of the issues in dispute. 8 to ADR 9 Referral 83.(1) At any stage of a review, the tribunal may refer the parties to 10 ADR. 11 (2) The tribunal may give directions and make orders about the conduct 12 of ADR. 13 of facilitators 14 Appointment 84.(1) This section applies if the parties to a review are referred to ADR. 15 (2) The registrar must appoint a facilitator to conduct ADR. 16 (3) If the facilitator is likely to have contact with a child, the person 17 appointed must have professional experience in communicating and 18 working with children. 19 must disclose certain interests 20 Facilitators 85.(1) This section applies if a facilitator appointed to conduct ADR 21 becomes aware the facilitator has an interest, financial or otherwise, that 22 could conflict with the proper performance of the facilitator's functions for 23 the ADR (the "conflict"). 24 (2) The facilitator must disclose the issue giving rise to the conflict to the 25 president, registrar and parties to the review. 26

 


 

s 86 44 s 88 Children Services Tribunal (3) After making the disclosure, the facilitator may disqualify himself or 1 herself. 2 (4) The facilitator may conduct the ADR only with the agreement of the 3 president and the parties. 4 at ADR 5 Procedure 86. Subject to any directions given or orders made by the tribunal, the 6 way the ADR is conducted is at the discretion of the facilitator. 7 8 Example of tribunal direction-- 9 To help a person to participate in ADR, the tribunal may direct that the person be 10 allowed to use the services of a lingual interpreter. from ADR inadmissible 11 Evidence 87.(1) Evidence of anything said or done in the course of ADR is 12 inadmissible in any proceeding, except-- 13 (a) if all parties participating in ADR agree to the admission of the 14 evidence; or 15 (b) a proceeding relating to an act or omission about which a 16 disclosure has been made under section 88(2)(b). 17 (2) In this section, "proceeding" is not limited by the meaning of the 18 term in the dictionary in schedule 2. 19 to maintain secrecy 20 Facilitators 88.(1) The facilitator must not disclose information about a matter 21 coming to the facilitator's knowledge during ADR, unless the facilitator has 22 a reasonable excuse. 23 Maximum penalty--100 penalty units or 2 years imprisonment. 24 (2) It is a reasonable excuse to disclose information if-- 25 (a) the disclosure is made with the agreement of all the parties who 26 took part in the ADR; or 27 (b) the facilitator reasonably considers the disclosure is necessary to 28 prevent, or minimise the risk of, harm to a child, injury to a 29

 


 

s 89 45 s 91 Children Services Tribunal person or damage to property; or 1 (c) the disclosure is made under section 89. 2 reports 3 Facilitators' 89. The facilitator must report to the tribunal on the following-- 4 (a) whether ADR happened; 5 (b) if ADR happened-- 6 (i) when ADR took place; and 7 (ii) who participated in ADR; and 8 (iii) the outcome of ADR. 9 of review at ADR 10 Settlement 90.(1) This section applies if the parties reach a settlement of the matters 11 in dispute during ADR. 12 (2) The settlement must be written down, signed by the parties and filed 13 with the registrar. 14 (3) Without conducting a hearing or any further hearing, the tribunal may 15 decide the review in terms of the settlement if the tribunal-- 16 (a) considers the terms of the settlement are in the best interests of the 17 child, if any, about whom the reviewable decision was made; and 18 (b) could otherwise give a decision in those terms under this or 19 another Act. 20 Division 8--Children as witnesses etc. 21 must not be compelled to give evidence 22 Children 91.(1) A child must not be compelled to give evidence in a proceeding. 23 (2) Before a child gives evidence in a proceeding, the tribunal must 24 satisfy itself that the child is willing to give the evidence. 25

 


 

s 92 46 s 94 Children Services Tribunal right to express views to tribunal 1 Child's 92.(1) This section applies if a reviewable decision is about a child and 2 the decision is being reviewed by the tribunal. 3 (2) Whether or not the child is a party to the review or appears as a 4 witness before the tribunal, the child has the right to express his or her 5 views to the tribunal about matters relevant to the review. 6 giving evidence or expressing views to tribunal 7 Children 93.(1) This section applies if a child is giving evidence or expressing the 8 child's views to the tribunal. 9 (2) Only the following persons may be present while the child gives 10 evidence or expresses the child's views-- 11 (a) the constituting members; 12 (b) the lawyer, if any, representing the child under section 67; 13 (c) the separate representative, if any, for the child; 14 (d) the child's support person if the child has a support person and 15 agrees to that person's presence. 16 (3) Despite subsection (2), the child may elect to give evidence or express 17 the child's views in the presence of the parties and their representatives if the 18 child-- 19 (a) is 12 years or more; and 20 (b) is represented by a lawyer or a separate representative. 21 of children 22 Questioning 94.(1) A child giving evidence or expressing the child's views in a 23 proceeding must not be cross-examined. 24 (2) Also, only the following persons may ask questions of a child giving 25 evidence or expressing the child's views in a proceeding-- 26 (a) the constituting members; 27 (b) the lawyer, if any, representing the child; 28 (c) the separate representative, if any, for the child. 29

 


 

s 95 47 s 96 Children Services Tribunal for child-related employment reviews 1 Provisions 95.(1) This section applies if-- 2 (a) a child makes a review application to have a child-related 3 employment decision reviewed by the tribunal or a person makes 4 the application on the child's behalf;12 and 5 (b) in a proceeding for the review the child elects to give evidence. 6 (2) Sections 93 and 94 do not apply to the child. 7 (3) Before the child gives evidence, the tribunal must tell the child that he 8 or she-- 9 (a) may be cross-examined by the tribunal or a party to the 10 proceeding; and 11 (b) may, at any time while the cross-examination is continuing, 12 refuse to be further cross-examined; and 13 (c) if the child acts under paragraph (b), the review application is 14 taken to have been withdrawn and the review ceases. 15 (4) If the child acts under subsection (3)(b), the review application is 16 taken to have been withdrawn and the review ceases. 17 applying if party to review is a child who is a parent of the 18 Provisions child about whom the reviewable decision was made 19 96.(1) This section applies if-- 20 (a) a party to a review is a child who is a parent of the child about 21 whom the reviewable decision was made; and 22 (b) in a proceeding for the review the parent elects to give evidence. 23 (2) Sections 93 and 94 do not apply to the parent. 24 (3) Before the parent gives evidence, the tribunal must tell the parent that 25 he or she-- 26 (a) may be cross-examined by the tribunal or a party to the 27 proceeding; and 28 12 Section 59 deals with the making of a review application on behalf of a child.

 


 

s 97 48 s 98 Children Services Tribunal (b) may, at any time while the cross-examination is continuing, 1 refuse to be further cross-examined; and 2 (c) if the parent acts under paragraph (b), this may effect the weight 3 given by the tribunal to the parent's evidence. 4 9--Witnesses generally 5 Division of witnesses 6 Attendance 97.(1) The presiding member may notify a person, other than a child, to 7 attend at a proceeding before the tribunal-- 8 (a) as a witness; or 9 (b) to produce the thing stated in the notice. 10 (2) The notice must be in the approved form and state the time at and 11 place where the person must attend. 12 (3) The presiding member may act under subsection (1) on the 13 member's own initiative or on application by a party. 14 or affirming witnesses 15 Swearing 98. The presiding member at a proceeding-- 16 (a) may require an adult witness at the proceeding to take an oath or 17 make an affirmation; and 18 (b) may administer an oath or affirmation to a witness at the 19 proceeding; and 20 (c) for participation under section 47(1),13 may make the 21 arrangements the member considers appropriate in the 22 circumstances for administering an oath or affirmation to a 23 witness. 24 13 Section 47 ( Method of conducting proceedings)

 


 

s 99 49 s 102 Children Services Tribunal for witnesses 1 Allowances 99. A witness notified to attend at a proceeding before the tribunal is 2 entitled to be paid-- 3 (a) the allowances and expenses prescribed under a tribunal rule; or 4 (b) if no allowances and expenses are prescribed, the allowances and 5 expenses decided by the president. 6 need not be sworn or make affirmations 7 Witnesses 100. The tribunal may allow a witness appearing at a proceeding before it 8 to give evidence without being sworn or making an affirmation. 9 may refuse to allow party to call evidence etc. 10 Tribunal 101.(1) The tribunal may refuse to allow a party to call evidence about a 11 matter if the tribunal considers there is sufficient evidence about the matter 12 before the tribunal. 13 (2) The tribunal may refuse to allow a party to cross-examine a witness 14 about a matter if the tribunal considers-- 15 (a) there is sufficient evidence about the matter before the tribunal; 16 and 17 (b) the evidence has been sufficiently tested by cross-examination. 18 may examine and cross-examine witnesses 19 Tribunal 102.(1) The tribunal may examine and cross-examine an adult witness 20 appearing before it. 21 (2) The tribunal may also examine and cross examine a child who elects 22 to give evidence under section 95 or 96.14 23 14 Section 95 (Provisions for child-related employment reviews) or 96 (Provisions applying if party to review is a child who is a parent of the child about whom the reviewable decision was made)

 


 

s 103 50 s 104 Children Services Tribunal by witnesses 1 Offences 103.(1) A person notified under section 97(1) to attend before the tribunal 2 must not fail, without reasonable excuse-- 3 (a) to attend as required by the notice; or 4 (b) to continue to attend as required by the tribunal until excused from 5 further attendance. 6 Maximum penalty--100 penalty units. 7 (2) An adult appearing as a witness before the tribunal must take an oath 8 or make an affirmation if required to do so by the presiding member. 9 Maximum penalty--100 penalty units. 10 (3) Also, an adult appearing as a witness before the tribunal must not fail, 11 without reasonable excuse-- 12 (a) to answer a question the adult is required to answer by the 13 tribunal; or 14 (b) to produce the thing the person is required to produce by a notice 15 under section 97(1). 16 Maximum penalty--100 penalty units. 17 (4) It is a reasonable excuse to refuse to answer a question or produce a 18 thing on the ground that answering the question or producing the thing 19 might tend to incriminate the person. 20 representative must not be called to give evidence 21 Separate 104.(1) A separate representative must not in any proceeding be called to 22 give evidence, and if called must not give evidence, about a communication 23 between the representative and the child for whom the representative was 24 appointed. 25 (2) In this section, "proceeding" is not limited by the meaning of the 26 term in the dictionary in schedule 2. 27

 


 

s 105 51 s 106 Children Services Tribunal Division 10--Other supporting provisions 1 orders 2 Confidentiality 105.(1) The tribunal may, by order (a "confidentiality order"), prohibit 3 or restrict the disclosure to a party to a review of all or some of the evidence 4 given before the tribunal, or of the whole or part of the contents of a 5 document given to, or received in evidence by, the tribunal for the review. 6 (2) Subsection (3) applies for the purpose of the tribunal-- 7 (a) deciding whether to make a confidentiality order; or 8 (b) giving effect to a confidentiality order. 9 (3) The tribunal-- 10 (a) may exclude a party, and any representative of the party, from 11 part of the review; or 12 (b) deal with a document in a way that ensures it is not disclosed to a 13 party. 14 (4) The tribunal may make a confidentiality order only if it is satisfied 15 that if it does not do so-- 16 (a) a child is likely to be harmed; or 17 (b) the safety of another person is likely to be endangered. 18 (5) The tribunal may act under subsection (1) on its own initiative or on 19 application by a party to the review. 20 (6) A confidentiality order does not act to prohibit or limit the disclosure 21 of material to a separate representative in a review. 22 or tribunal may authorise medical examination of child 23 President 106.(1) For a review, the president or the tribunal may, by order, 24 authorise a medical examination of a child and require a report of the 25 examination to be filed with the registrar. 26 (2) The order must state the particular issues the report must address. 27 (3) The president or tribunal must not make the order unless the president 28 or tribunal is satisfied-- 29

 


 

s 107 52 s 108 Children Services Tribunal (a) the medical information, if any, available to the tribunal about the 1 child is insufficient to allow the tribunal to decide the review; and 2 (b) the child's interests will be best served by making the order. 3 (4) In deciding whether the child's interests will be best served by 4 making the order, the president or tribunal must consider the child's views 5 and wishes, if any, and the effect the medical examination may have on the 6 child having regard to the number and frequency of any previous medical 7 examinations the child has undergone. 8 out medical examinations 9 Carrying 107.(1) This section applies if an order under section 106 authorises a 10 child's medical examination. 11 (2) A doctor may medically examine the child. 12 (3) Subsection (2) applies even though the child's parents or guardian has 13 not consented to the examination. 14 (4) However, subsection (2) is subject to the rights the child has in 15 relation to the examination. 16 (5) For deciding any liability in relation to the carrying out of the 17 examination, the doctor is taken to have the consent of the child's parents or 18 guardian to the examination. 19 may authorise constituting members to enter places and 20 Tribunal have contact with children 21 108.(1) Subsection (2) applies if-- 22 (a) a review is about the suitability of a place or the suitability of 23 facilities provided or to be provided for a child at a place; and 24 (b) the tribunal considers it is necessary for the purpose of the review 25 for the constituting members or any of them to view the place; 26 and 27 (c) the tribunal is satisfied that entry to the place has been, or is likely 28 to be, refused. 29 (2) The tribunal may, by order, authorise the constituting members or 30

 


 

s 108 53 s 108 Children Services Tribunal any of them to enter and inspect the place. 1 (3) Subsection (4) applies if, for the purpose of a review, the tribunal-- 2 (a) considers that, having regard to a child's views and wishes, if 3 any, it is in the child's best interests for the constituting members, 4 or any of them, to have contact with a child; and 5 (b) is satisfied that contact has been, or is likely to be, refused by the 6 child's carer, guardian or parent; and 7 (c) considers that the appointment of a separate representative for the 8 child or of an independent inquirer will not ensure the information 9 the tribunal is seeking to obtain from the contact is placed before 10 the tribunal. 11 (4) The tribunal may, by order, authorise the constituting members, or 12 any of them, to have contact with the child and, for that purpose, enter a 13 place where the child is or is reasonably believed to be. 14 (5) An order under this section must be in writing and state-- 15 (a) the names of the constituting members to whom it relates; and 16 (b) if the order is about contact with a child, the child's name; and 17 (c) either that the members, with necessary reasonable help and 18 force-- 19 (i) may enter and inspect the place; or 20 (ii) may enter the place where the child is or is reasonably 21 believed to be; and 22 (d) if the order is about contact with a child, the members-- 23 (i) may search the place for the child; and 24 (ii) may remain in the place for as long as the members consider 25 necessary for having contact with the child; and 26 (e) the hours of the day or night when the place may be entered; and 27 (f) the date, within 14 days after the order is made, the order ends. 28 (6) An order under this section does not compel a child to have contact 29 with a member. 30

 


 

s 109 54 s 111 Children Services Tribunal members may enter place etc. 1 Constituting 109. The constituting members may exercise the powers given to the 2 members under section 108. 3 to enter--procedure before entry 4 Order 110.(1) This section applies to an entry under section 108. 5 (2) Before entering the place the constituting members acting under the 6 tribunal's order must do or make a reasonable attempt to do all the 7 following-- 8 (a) give an occupier or, if there is no occupier, the owner, of the place 9 reasonable notice of the entry; 10 (b) identify themselves to a person present who is an occupier of the 11 place by producing notices of their appointments or other 12 documents evidencing their appointments; 13 (c) give the person a copy of the tribunal's order; 14 (d) tell the person the members are permitted to enter the place; 15 (e) give the person an opportunity to allow the members immediate 16 entry to the place without using force. 17 (3) However, the constituting members need not comply with 18 subsection (2) if the members believe, on reasonable grounds, that 19 immediate entry to the place is required to ensure the effective execution of 20 the tribunal's order is not frustrated. 21 of tribunal 22 Contempt 111.(1) A person must not, without reasonable excuse-- 23 (a) insult a member, or a member of the tribunal's staff, at a tribunal 24 proceeding, or in going to or returning from the proceeding; or 25 (b) deliberately interrupt a tribunal proceeding, or otherwise 26 misbehave at a tribunal proceeding; or 27 (c) create, or join in creating or continuing, a disturbance in or near a 28 place where a tribunal proceeding is being conducted; or 29

 


 

s 112 55 s 113 Children Services Tribunal (d) obstruct a person attending a tribunal proceeding; or 1 (e) obstruct a member in the performance of the member's functions 2 or the exercise of the member's powers; or 3 (f) contravene a lawful order or direction of the tribunal made or 4 given under this Act; or 5 (g) obstruct a person acting under an order made by the tribunal or a 6 member under this Act; or 7 (h) do anything that would be contempt of court if the tribunal were a 8 court of record. 9 Maximum penalty--100 penalty units. 10 (2) A child does does not commit an offence against subsection (1) if the 11 thing that would otherwise constitute the offence is done by the child in the 12 course of, or relates in any way to, a review of a reviewable decision about 13 the child. 14 may exclude person for contempt 15 Tribunal 112.(1) The tribunal may order that a person who contravenes 16 section 111(1) at a proceeding be excluded from the place where the 17 proceeding is being conducted. 18 (2) A member of the tribunal staff, acting under the tribunal's order, 19 may, using necessary and reasonable help and force, exclude the person 20 from the place. 21 osts 22 C 113.(1) Each party to a review must bear the party's own costs for the 23 review. 24 (2) However, the tribunal may award costs in a proceeding against a 25 party if, in the special circumstances of the proceeding, the tribunal 26 considers an award for costs is appropriate. 27 28 Example of possible special circumstances-- 29 The proceeding, or a part of the proceeding, has been frivolous or vexatious. (3) An award of costs under subsection (2) may require a party to pay the 30

 


 

s 114 56 s 115 Children Services Tribunal costs of a separate representative. 1 (4) The tribunal must not award costs against a child. 2 (5) If costs are awarded by the tribunal, the amount of the costs is to be 3 the amount the tribunal considers reasonable. 4 of costs 5 Recovery 114.(1) This section applies if the tribunal awards costs against a party 6 under section 113(2). 7 (2) The amount of the costs is a debt owing by the party to the person in 8 whose favour the award is made. 9 PART 5--INQUIRIES BY INDEPENDENT 10 INQUIRERS 11 Division 1--Appointment of independent inquirers for inquiries and 12 other matters 13 ppointments 14 A 115.(1) The tribunal may appoint an independent inquirer to inquire into 15 and report to the tribunal about a matter connected with a review. 16 (2) If the independent inquirer is likely to have contact with a child, the 17 person appointed must have professional knowledge of, and experience in 18 working with, children. 19 (3) The instrument of appointment must state-- 20 (a) any conditions of the appointment; and 21 (b) the time within which the independent inquirer must report to the 22 tribunal. 23

 


 

s 116 57 s 119 Children Services Tribunal inquirers must disclose certain interests 1 Independent 116.(1) This section applies if an independent inquirer appointed to 2 inquire into and report to the tribunal about a matter connected with a review 3 becomes aware the independent inquirer has an interest, financial or 4 otherwise, that could conflict with the proper performance of the 5 independent inquirer's functions (the "conflict"). 6 (2) The independent inquirer must disclose the issue giving rise to the 7 conflict to the president and parties to the review. 8 (3) After making the disclosure, the independent inquirer may disqualify 9 himself or herself. 10 (4) The independent inquirer may conduct the inquiry and report about 11 the matter only with the agreement of the president and the parties. 12 of independent inquirers 13 Functions 117.(1) The independent inquirer has the functions of inquiring into the 14 matter for which the inquirer is appointed and reporting the results of the 15 inquiry to the tribunal.15 16 (2) For inquiring into the matter, the independent inquirer may seek 17 information from the parties and other persons. 18 (3) The independent inquirer may make recommendations in the report. 19 inquirer's access to documents 20 Independent 118. The tribunal may, for helping the independent inquirer's inquiry, 21 give the inquirer access to any documents given to the tribunal, including 22 documents to which a confidentiality order relates. 23 of independent inquirer's instrument of appointment etc. 24 Production 119. The independent inquirer may exercise a power in relation to 25 someone else only if the inquirer first produces, for the other person's 26 inspection-- 27 15 Under section 76(5)(c), an independent inquirer may also be appointed to examine a document required to be given to the tribunal.

 


 

s 120 58 s 121 Children Services Tribunal (a) the inquirer's instrument of appointment; and 1 (b) photographic identification of the inquirer. 2 Division 2--Powers of independent inquirers 3 for div 2 4 Definition 120. In this division-- 5 "authorised member" means-- 6 (a) the president if the president is a lawyer of at least 5 years 7 standing; or 8 (b) a constituting member of the tribunal who is a lawyer of at least 9 5 years standing. 10 member or tribunal may authorise entry of places and 11 Authorised contact with children by independent inquirer 12 121.(1) Subsection (2) applies if-- 13 (a) the independent inquirer's inquiry is about or includes the 14 suitability of a place or the suitability of facilities provided or to be 15 provided for a child at a place; and 16 (b) an authorised member or the tribunal considers it is necessary for 17 the purpose of the inquiry that the inquirer inspect the place; and 18 (c) the authorised member or tribunal is satisfied that entry to the 19 place has been, or is likely to be, refused. 20 (2) The authorised member or tribunal may, by order, authorise the 21 independent inquirer to enter and inspect the place. 22 (3) Subsection (4) applies if an authorised member or the tribunal-- 23 (a) considers that, having regard to a child's views and wishes, if 24 any, it is in the child's best interests for the independent inquirer 25 to have contact with the child for the independent inquirer's 26 inquiry; and 27 (b) is satisfied contact has been, or is likely to be, refused by the 28

 


 

s 122 59 s 123 Children Services Tribunal child's carer, guardian or parent. 1 (4) The authorised member or tribunal may, by order, authorise the 2 independent inquirer to have contact with the child and, for that purpose, 3 enter a place where the child is or is reasonably believed to be. 4 (5) An order under this section must be in writing and state-- 5 (a) the independent inquirer's name; and 6 (b) if the order is about contact with a child, the child's name; and 7 (c) either that the independent inquirer may, with necessary 8 reasonable help and force-- 9 (i) enter and inspect the place; or 10 (ii) enter the place where the child is or is reasonably believed to 11 be; and 12 (d) if the order is about contact with a child, the independent 13 inquirer-- 14 (i) may search the place for the child; and 15 (ii) may remain in the place for as long as the independent 16 inquirer considers necessary for having contact with the 17 child; and 18 (e) the hours of the day or night when the place may be entered; and 19 (f) the date, within 14 days after the order is made, the order ends. 20 (6) An order under this section does not compel a child to have contact 21 with the independent inquirer 22 inquirer may enter place etc. 23 Independent 122. The independent inquirer may exercise the powers given to the 24 inquirer under section 121. 25 to enter--procedure before entry 26 Order 123.(1) This section applies to an entry under section 121. 27 (2) Before entering the place, the independent inquirer must do or make a 28 reasonable attempt to do all the following-- 29

 


 

s 124 60 s 125 Children Services Tribunal (a) give an occupier or, if there is no occupier, the owner, of the place 1 reasonable notice of the entry; 2 (b) identify himself or herself to a person present at the place who is 3 an occupier of the place; 4 (c) give the person a copy of the order for the entry; 5 (d) tell the person the independent inquirer is permitted to enter the 6 place; 7 (e) give the person an opportunity to allow the independent inquirer 8 immediate entry to the place without using force. 9 (3) However, the independent inquirer need not comply with 10 subsection (2) if the inquirer believes, on reasonable grounds, that 11 immediate entry to the place is required to ensure the effective execution of 12 the authorised member's or tribunal's order is not frustrated. 13 (4) This section does not limit section 119.16 14 Division 3--Reports by independent inquirers 15 of independent inquirer's report to be given to parties 16 Copies 124.(1) This section applies when an independent inquirer gives the 17 inquirer's report to the tribunal. 18 (2) Subject to any confidentiality order relating to the report, the registrar 19 must give a copy of the report to each party to the review in relation to 20 which the independent inquirer was appointed. 21 inquirer may be cross-examined about report 22 Independent 125.(1) The parties to the review to which the independent inquirer's 23 report relates are entitled to cross-examine the inquirer about the report's 24 contents. 25 (2) However, a question must not be asked and, if asked, must not be 26 16 Section 119 (Production of independent inquirer's instrument of appointment etc.)

 


 

s 126 61 s 128 Children Services Tribunal answered, under subsection (1) if-- 1 (a) a confidentiality order is in force in relation to the report; and 2 (b) answering the question would result in the order being 3 contravened. 4 may adopt report 5 Tribunal 126. For the review to which the independent inquirer's report relates, the 6 tribunal may adopt any findings, observations or recommendations 7 contained in the report. 8 PART 6--ENSURING TRIBUNAL DECISIONS AND 9 RECOMMENDATIONS ARE GIVEN EFFECT 10 of pt 6 11 Application 127.(1) This part applies to each decision of the tribunal on a review 12 application other than a decision to confirm the reviewable decision. 13 (2) This part also applies to recommendations made by the tribunal, after 14 reviewing a reviewable decision, to the chief executive of the government 15 entity in which the reviewable decision was made about policies, practices 16 and procedures of the entity relevant to the making of reviewable decisions. 17 to chief executives of government entities 18 Requests 128. The president may ask the chief executive of the government entity 19 in which the reviewable decision was made to notify the president, within a 20 reasonable stated time-- 21 (a) of the steps taken to give effect to the tribunal's decision; or 22 (b) of the steps taken to give effect to the tribunal's recommendations 23 and, if no steps have been taken, the reasons for this. 24

 


 

s 129 62 s 131 Children Services Tribunal happens if decision not given effect etc. 1 What 129.(1) This section applies if the president, after considering the 2 response of the chief executive of a government entity given under 3 section 128, is of the opinion that-- 4 (a) the tribunal's decision has not been given effect; or 5 (b) no steps have been taken to give effect to the tribunal's 6 recommendations or the steps taken are inadequate or 7 inappropriate. 8 (2) The president may report on the matter to the Minister responsible for 9 the government entity. 10 (3) The president must attach the following to the report-- 11 (a) if the report is about the tribunal's decision--copies of the 12 decision and response; 13 (b) if the report is about the tribunal's recommendations--copies of 14 the recommendations and response. 15 ART 7--APPEALS 16 P may appeal 17 Who 130. A party to a review may appeal to the District Court against the 18 tribunal's decision on the review under section 38(1),17 but only on a 19 question of law. 20 to start an appeal 21 When 131.(1) The notice of appeal under the Uniform Civil Procedure 22 Rules 1999 must be filed with the registrar of the court within 28 days 23 after-- 24 17 Section 38 (Powers of tribunal on review)

 


 

s 132 63 s 134 Children Services Tribunal (a) if the party is given an information notice under section 4318 1 about the tribunal's decision--the day the party receives the 2 notice; or 3 (b) if paragraph (a) does not apply--the day the party otherwise 4 becomes aware of the decision. 5 (2) The court may, at any time, extend the period for filing the notice of 6 appeal. 7 does not affect tribunal's decision 8 Appeal 132. The filing of a notice of appeal with the registrar of the court does 9 not affect the tribunal's decision, or the carrying out of the decision, unless 10 the decision is stayed. 11 of the court on appeal 12 Powers 133. In deciding the appeal, the court may-- 13 (a) confirm, set aside or vary the tribunal's decision; or 14 (b) set aside the decision and return it to the tribunal for 15 reconsideration in accordance with directions given by the court; 16 or 17 (c) make orders, and give directions, the court considers appropriate. 18 PART 8--MISCELLANEOUS 19 entity may nominate decision maker 20 Government 134.(1) This section applies if a person files a review application with the 21 registrar. 22 (2) The government entity in which the reviewable decision was made 23 may give the registrar a notice nominating an officer or employee of the 24 18 Section 43 (Registrar must give information notice to parties)

 


 

s 135 64 s 137 Children Services Tribunal entity, or the holder for the time being of an office in the entity, as the 1 decision maker for the review. 2 of independent inquirer 3 Obstruction 135. A person must not obstruct an independent inquirer in the exercise 4 of a power under this Act, unless the person has a reasonable excuse. 5 Maximum penalty--100 penalty units. 6 or misleading statements 7 False 136.(1) A person must not state anything to the tribunal, or an 8 independent inquirer appointed under this Act, the person knows is false or 9 misleading in a material particular. 10 Maximum penalty--100 penalty units. 11 (2) In a proceeding for an offence against subsection (1), it is enough for 12 a charge to state the statement was, without specifying which, `false or 13 misleading'. 14 or misleading documents 15 False 137.(1) A person must not give to the tribunal, or an independent inquirer 16 appointed under this Act, a document containing information the person 17 knows is false or misleading in a material particular. 18 Maximum penalty--100 penalty units. 19 (2) Subsection (1) does not apply to a person if the person, when giving 20 the document-- 21 (a) tells the tribunal or independent inquirer, to the best of the 22 person's ability, how it is false or misleading; and 23 (b) if the person has, or can reasonably obtain, the correct 24 information, gives the correct information. 25 (3) In a proceeding for an offence against subsection (1), it is enough for 26 a charge to state the document was, without specifying which, `false or 27 misleading'. 28

 


 

s 138 65 s 139 Children Services Tribunal documents to children 1 Giving 138.(1) This section applies if, under this Act, the tribunal gives a written 2 decision, direction, notice or order to a child. 3 (2) The tribunal must cause the terms and effects of the document to be 4 explained to the child. 5 (3) However the terms and effects of the document need only be 6 explained to the extent that is reasonably practicable in the circumstances 7 having regard to the child's age or ability to understand the terms and effects 8 of the document. 9 (4) Failure to comply with subsection (2) does not affect-- 10 (a) the validity of the document; or 11 (b) if the tribunal is required, under this Act, to give the document to 12 the child, the tribunal's compliance with the requirement to give 13 the document. 14 (5) In this section-- 15 "tribunal" includes a member and the registrar. 16 documents to certain persons 17 Giving 139.(1) This section applies if-- 18 (a) under this Act, the tribunal gives a written decision, direction, 19 notice or order to a person; and 20 (b) the tribunal is aware that the person is blind, apparently illiterate or 21 does not understand English. 22 (2) The tribunal must do everything reasonably possible to communicate 23 the information in the document to the person. 24 25 Example-- 26 If a person does not understand English, the tribunal may arrange for the 27 document to be translated into a language the person understands. (3) Failure to comply with subsection (2) does not affect-- 28 (a) the validity of the document; or 29 (b) if the tribunal is required, under this Act, to give the document to 30

 


 

s 140 66 s 141 Children Services Tribunal the person, the tribunal's compliance with the requirement to give 1 the document. 2 (4) In this section-- 3 "tribunal" includes a member and the registrar. 4 of documents 5 Return 140.(1) This section applies if-- 6 (a) a person produces a document or other thing to the tribunal for a 7 review; and 8 (b) the review has finished; and 9 (c) either-- 10 (i) the tribunal's decision on the review has been appealed to the 11 District Court and the appeal has been finalised; or 12 (ii) 35 days have elapsed since the tribunal's decision on the 13 review was made and the decision has not been appealed to 14 the District Court. 15 (2) The registrar must return the document or other thing to the person. 16 information not to be published 17 Certain 141.(1) A person must not publish-- 18 (a) information given in evidence or otherwise in a proceeding before 19 the tribunal; or 20 (b) information that is likely to identify a person who-- 21 (i) appears as a witness before the tribunal in a proceeding; or 22 (ii) is a party to the proceeding; or 23 (iii) is mentioned, or otherwise involved, in the proceeding. 24 Maximum penalty-- 25 (a) for a corporation--1 000 penalty units; or 26 (b) for an individual--100 penalty units or 2 years imprisonment. 27

 


 

s 142 67 s 143 Children Services Tribunal (2) Subsection (1)(a) does not apply to a person if the tribunal consents to 1 the publication of the information by the person. 2 (3) In this section-- 3 "publish", for information, means to publish it to the public by way of the 4 internet, newspaper, radio, television or other form of communication. 5 of information 6 Confidentiality 142.(1) This section applies to-- 7 (a) a person who is, or was, a member, an expert, an independent 8 inquirer or a member of the tribunal's staff; and 9 (b) information obtained by the person in the course of performing 10 the person's functions under this Act. 11 (2) The person must not disclose the information if the information is 12 about another person's affairs. 13 Maximum penalty--100 penalty units or 2 years imprisonment. 14 (3) Subsection (2) does not apply if-- 15 (a) the information-- 16 (i) is disclosed in the performance of functions under this Act; 17 or 18 (ii) relates to an adult and the information is disclosed with the 19 written consent of the adult and the information is unlikely to 20 identify a child; or 21 (b) the disclosure of the information is authorised or permitted under 22 an Act or required by law. 23 and immunity of member etc. 24 Protection 143.(1) A person who is a member, expert, facilitator or independent 25 inquirer has, in performing the person's functions, the same protection and 26 immunity as a judge of the Supreme Court. 27 (2) A person appearing before the tribunal for someone else has the same 28 protection and immunity as a barrister appearing for a party in a proceeding 29

 


 

s 144 68 s 146 Children Services Tribunal in the Supreme Court. 1 (3) A witness, or person required to be a witness, in a proceeding before 2 the tribunal has the same protection as a witness in a proceeding in the 3 Supreme Court. 4 staff members from liability 5 Protecting 144.(1) A member of the tribunal's staff is not civilly liable for an act 6 done, or omission made, honestly and without negligence under this Act. 7 (2) If subsection (1) prevents a civil liability attaching to a member of the 8 tribunal's staff, the liability attaches instead to the State. 9 to give statistical information to commissioner 10 President 145.(1) The president must, from time to time, give the commissioner 11 statistical information about all the following-- 12 (a) the number and types of reviewable decisions that have been the 13 subject of review applications; 14 (b) the tribunal's decisions on the applications; 15 (c) recommendations under section 38(3)19 about the policies, 16 practices and procedures of government entities. 17 (2) The information must not identify the parties (other than the decision 18 maker) to, or other persons taking part in, a review. 19 reports 20 Annual 146.(1) As soon as practicable after the close of each financial year but 21 not later than 4 months after that close, the president must prepare a report 22 for that year about the tribunal and give a copy of the report to the Minister. 23 (2) The report must contain a review of the tribunal's operations during 24 the financial year. 25 (3) The Minister must table a copy of the report in the Legislative 26 Assembly within 14 days after the Minister receives the report. 27 19 Section 38 (Powers of tribunal on review)

 


 

s 147 69 s 150 Children Services Tribunal forms 1 Approved 147. The president may approve forms for this Act. 2 proceedings for offences 3 Summary 148. Proceedings for an offence against this Act are to be taken in a 4 summary way under the Justices Act 1886. 5 power 6 Regulation-making 149.(1) The Governor in Council may make regulations under this Act. 7 (2) A regulation may be made about fees for this Act. 8 (3) Without limiting subsection (2), a regulation may impose fees for 9 filing applications and other documents with the registrar or the tribunal. 10 (4) However, if a regulation imposes a fee for the filing of an application 11 or other document, no fee is payable if the application or other document is 12 filed by, or on behalf of, a child. 13 power 14 Rule-making 150.(1) The Governor in Council may make rules ("tribunal rules") 15 for-- 16 (a) the practice and procedure of the tribunal; and 17 (b) the conduct of the tribunal's business. 18 (2) The tribunal rules may include the following-- 19 (a) guidelines for deciding applications by parties to a review for 20 permission to be represented before the tribunal; 21 (b) guidelines for deciding whether the tribunal should make an order 22 that a child be represented before it by a separate representative; 23 (c) criteria the president must have regard to in deciding whether to 24 include a person's name on, or omit a person's name from, the 25 facilitators list or independent inquirers list. 26 (3) Rules made under this section are rules of court. 27

 


 

s 151 70 s 154 Children Services Tribunal amended 1 Acts 151. Schedule 1 amends each Act mentioned in it. 2 PART 9--SAVING AND TRANSITIONAL 3 PROVISIONS 4 for pt 9 5 Definitions 152. In this part-- 6 "commencement day" means the day this part commences. 7 "repealed Act" means the Children's Commissioner and Children's 8 Services Appeals Tribunal Act 1996. 9 of appointments of tribunal panel members under repealed 10 Saving Act 11 153.(1) This section applies to a person holding office as a tribunal panel 12 member under section 37 of the repealed Act immediately before the 13 commencement day. 14 (2) The person is taken to be properly appointed as a member of the 15 tribunal established under this Act. 16 (3) Subject to this Act, the term of the person's appointment is the 17 balance of the term for which the person was appointed under the repealed 18 Act. 19 decisions taken to be reviewable decisions under this Act 20 Certain 154.(1) This section applies to a reviewable decision under the repealed 21 Act if, immediately before the commencement day, a person has a right to 22 appeal against the decision to a tribunal established under that Act. 23 (2) The decision is taken to be a reviewable decision under this Act and 24 the provisions of this Act relating to a review of a reviewable decision apply 25 with any necessary changes. 26

 


 

s 155 71 s 157 Children Services Tribunal under repealed Act 1 Appeals 155.(1) This section applies if, under the repealed Act, a person has 2 appealed against a reviewable decision under that Act and the appeal has not 3 been decided by a tribunal under that Act. 4 (2) For this Act, the appeal is taken to be a review application properly 5 made under this Act relating to the reviewable decision and the provisions 6 of this Act relating to the review of reviewable decisions apply with any 7 necessary changes. 8 happens if a tribunal established under repealed Act 9 What 156.(1) This section applies if, under the repealed Act, a tribunal has been 10 established to hear an appeal under the repealed Act. 11 (2) The members of that tribunal constitute the tribunal for this Act. 12 (3) The chairperson of the tribunal under the repealed Act is taken to be 13 the presiding member of the tribunal as constituted for this Act. 14 (4) If the tribunal established under the repealed Act has started to hear 15 the appeal, the tribunal may continue, under this Act, to deal with the matter 16 of the appeal as a review under this Act. 17 (5) If the tribunal established under the repealed Act has done anything 18 else under that Act relating to the appeal, the thing has effect for this Act. 19 20 Example for subsection (5)-- 21 The tribunal established under the repealed Act may have stayed the decision 22 appealed against. to District Court from decisions of tribunals established 23 Appeals under repealed Act 24 157.(1) A person's right of appeal under section 65 of the repealed act 25 continues despite the repeal of the Act. 26 (2) For subsection (1), the District Court may hear and decide the appeal 27 under the repealed Act. 28 (3) Subsection (4) applies for an appeal pending or started under 29 section 66 of the repealed Act on or after the commencement day. 30

 


 

s 157 72 s 157 Children Services Tribunal (4) Section 66(c) of the repealed Act is taken to empower the District 1 Court to set aside the decision appealed against and refer it to the tribunal 2 established under this Act for consideration in accordance with directions 3 given by the court. 4 (5) For dealing with the reference, the tribunal is to be constituted as for a 5 review. 6 7

 


 

73 Children Services Tribunal SCHEDULE 1 1 ¡ ONSEQUENTIAL AMENDMENTS 2 C section 151 3 DOPTION OF CHILDREN ACT 1964 4 ´A 1. Section 6, definition "tribunal"-- 5 omit, insert-- 6 ` "tribunal" means the Children Services Tribunal established under the 7 Children Services Tribunal Act 2000.'. 8 2. Section 13B(6)(a)-- 9 omit, insert-- 10 `(a) subject to a review of the assessment by the tribunal; and'. 11 3. Section 13D(1)(b)-- 12 omit, insert-- 13 `(b) the tribunal has made a favourable assessment on a review;'. 14 4. Section 14B(4)(b)-- 15 omit, insert-- 16 `(b) an assessment of the person made on the basis of the person's 17 criminal history alone has been set aside by the tribunal on a 18 review of the assessment.'. 19

 


 

74 Children Services Tribunal SCHEDULE 1 (continued) 5. Section 14C(3)(a)-- 1 omit, insert-- 2 `(a) subject to a review of the assessment by the tribunal; and'. 3 6. Section 14D, heading, `Appeals to'-- 4 omit, insert-- 5 `Reviews by'. 6 7. Section 14D(2)-- 7 omit, insert-- 8 `(2) The person may apply to the tribunal to have the decision or 9 assessment reviewed.'. 10 8. Section 59(2)(c), `chairperson'-- 11 omit, insert-- 12 `president'. 13 9. Section 65(1A)(da)-- 14 omit. 15 CHILD CARE ACT 1991 16 ´ 1. Section 3, definition "tribunal"-- 17 omit, insert-- 18 ` "tribunal" means the Children Services Tribunal established under the 19 Children Services Tribunal Act 2000.'. 20

 


 

75 Children Services Tribunal SCHEDULE 1 (continued) 2. Section 41(1), from `may appeal'-- 1 omit, insert-- 2 `may apply to the tribunal to have the decision reviewed.'. 3 HILD PROTECTION ACT 1999 4 ´C 1. Section 78(2)(b)-- 5 omit, insert-- 6 `(b) that the parent may apply to the tribunal to have the decision 7 reviewed only on the ground mentioned in subsection (3);'. 8 2. Section 78(2)(c), `the appeal' 9 omit, insert-- 10 `the application'. 11 3. Section 78(2)(d)-- 12 omit, insert-- 13 `(d) how to apply to have the decision reviewed.'. 14 4. Section 78(3) and (4)-- 15 omit, insert-- 16 `(3) The parent may apply to have the decision to give the direction 17 reviewed only on the ground that the direction does not specifically relate to 18 the supervision matters. 19

 


 

76 Children Services Tribunal SCHEDULE 1 (continued) `(4) Despite the Children Services Tribunal Act 2000, section 7020 the 1 tribunal can not grant a stay of the decision.'. 2 5. Section 86(2)(c) and (d)-- 3 omit, insert-- 4 `(c) that the child and the child's parents may, within 28 days after 5 receiving the notice, apply to the tribunal to have the decision 6 reviewed; 7 (d) how to apply to have the decision reviewed.'. 8 6. Section 86(5)(c) and (d)-- 9 omit, insert-- 10 `(c) that the child and the child's parents may, within 28 days after 11 receiving the notice, apply to the tribunal to have the decision 12 reviewed; 13 (d) how to apply to have the decision reviewed.'. 14 7. Section 87(4)(c) and (d)-- 15 omit, insert-- 16 `(c) state that the person may, within 28 days after receiving the 17 notice, apply to the tribunal to have the decision reviewed; and 18 (d) state how to apply to have the decision reviewed.'. 19 8. Section 90(3)(b)-- 20 omit, insert-- 21 `(b) if, under section 91, the carer is entitled to apply to have the 22 20 Children Services Tribunal Act 2000, section 70 (Stay of reviewable decision's operation)

 


 

77 Children Services Tribunal SCHEDULE 1 (continued) decision reviewed-- 1 (i) the carer may apply to the tribunal to have the decision 2 reviewed; and 3 (ii) the application must be made within 28 days after the carer 4 receives the notice; and 5 (iii) how to apply to have the decision reviewed.'. 6 9. Section 90(4)(b) to (d)-- 7 omit, insert-- 8 `(b) that the child may apply to the tribunal to have the decision 9 reviewed; and 10 (c) the application must be made within 28 days after the child 11 receives the notice; and 12 (d) how to apply to have the decision reviewed.'. 13 10. Section 91, heading-- 14 omit, insert-- 15 `Review of decision to remove child from carer's care'. 16 11. Section 91, from `appeal' to `care if'-- 17 omit, insert-- 18 `have the decision to remove the child from the carer's care reviewed by 19 the tribunal if'. 20 12. Section 129(2)(c) and (d)-- 21 omit, insert-- 22

 


 

78 Children Services Tribunal SCHEDULE 1 (continued) `(c) state that the person may, within 28 days after receiving the 1 notice, apply to the tribunal to have the decision reviewed; and 2 (d) state how to apply to have the decision reviewed.'. 3 13. Section 136(2)(c) and (d)-- 4 omit, insert-- 5 `(c) state that the person may, within 28 days after receiving the 6 notice, apply to the tribunal to have the decision reviewed; and 7 (d) state how to apply to have the decision reviewed.'. 8 14. Section 137(5)(c) and (d)-- 9 omit, insert-- 10 `(c) state that the applicant may, within 28 days after receiving the 11 notice, apply to the tribunal to have the decision reviewed; and 12 (d) state how to apply to have the decision reviewed.'. 13 15. Section 138(6)(c) and (d) 14 omit, insert-- 15 `(c) state that the holder may, within 28 days after receiving the notice, 16 apply to the tribunal to have the decision reviewed; and 17 (d) state how to apply to have the decision reviewed.'. 18 16. Section 140(5)(b) and (c)-- 19 omit, insert-- 20 `(b) that the holder may, within 28 days after receiving the notice, 21 apply to the tribunal to have the decision reviewed; and 22 (c) how to apply to have the decision reviewed.'. 23

 


 

79 Children Services Tribunal SCHEDULE 1 (continued) 17. Section 245(5)-- 1 omit, insert-- 2 `(5) The arrangement can not take effect until-- 3 (a) the end of the time to apply to have the decision to make the 4 arrangement reviewed by the tribunal; or 5 (b) if an application is made to have the decision reviewed by the 6 tribunal--the review is decided or otherwise disposed of.'. 7 18. Section 245(7)(c)-- 8 omit, insert-- 9 `(c) state that the person given the notice may, within 28 days after 10 receiving the notice, apply to the tribunal to have the decision to 11 make the arrangement reviewed.'. 12 19. Section 247-- 13 omit, insert-- 14 `Reviews of reviewable decisions 15 `247. An aggrieved person for a reviewable decision may apply to the 16 tribunal to have the decision reviewed.21'. 17 20. Schedule 2, heading, `APPEALABLE'-- 18 omit, insert-- 19 `REVIEWABLE'. 20 21 Aggrieved persons and reviewable decisions are in schedule 2. Reviews are dealt with in the Children Services Tribunal Act 2000, part 4.

 


 

80 Children Services Tribunal SCHEDULE 1 (continued) 21. Schedule 2, beneath heading, `and "appealable decision" '-- 1 omit, insert-- 2 `and "reviewable decision" '. 3 22. Schedule 2, heading of first column-- 4 omit, insert-- 5 `Reviewable decision'. 6 23. Schedule 2, second column, `A carer entitled to appeal under 7 section 91 or the child'-- 8 omit, insert-- 9 `A carer entitled to apply to have a decision reviewed under section 91 or 10 the child'. 11 24. Schedule 3, definitions "appealable decision" and "tribunal"-- 12 omit. 13 25. Schedule 3-- 14 insert-- 15 ` "reviewable decision" means a decision stated in schedule 2. 16 "tribunal" means the Children Services Tribunal established under the 17 Children Services Tribunal Act 2000.'. 18 26. Schedule 3, definition "aggrieved person", `an appealable 19 decision'-- 20 omit, insert-- 21 `a reviewable decision'. 22 23

 


 

81 Children Services Tribunal SCHEDULE 2 1 ¡ DICTIONARY 2 section 3 3 "ADR" see section 82. 4 "approved form" means a form approved under section 147. 5 "authorised member", for part 5, division 2, see section 120. 6 "child" means an individual under 18 years. 7 "child-related employment decision" means a reviewable decision 8 mentioned in the Commission for Children and Young People Act 9 2000, section 121. 10 "child-related employment review" means the review of a child-related 11 employment decision. 12 "commissioner" means the Commissioner for Children and Young People 13 under the Commission for Children and Young People Act 2000. 14 "confidentiality order" see section 105(1). 15 "constituting member", for a proceeding before the tribunal, means-- 16 (a) if the tribunal is constituted by 3 members for the 17 proceeding--1 of the members; or 18 (b) if the tribunal is constituted by a single member for the 19 proceeding--that member. 20 "contact", with a child, includes to see and talk to the child. 21 "criminal history", of a person, means the person's criminal history within 22 the meaning of the Criminal Law (Rehabilitation of Offenders) Act 23 1986 and-- 24 (a) despite section 6 of that Act, includes a conviction of the person to 25 which the section applies; and 26 (b) despite section 5 of that Act, includes a charge made against the 27

 


 

82 Children Services Tribunal SCHEDULE 2 (continued) person for an offence. 1 "decision maker" means-- 2 (a) the person who made the decision concerned; or 3 (b) the person for the time being holding the office by virtue of which 4 the decision was made; or 5 (c) if a person is nominated as the decision maker for a review under 6 section 134(2), the person. 7 "deputy president" means the member, if any, appointed under section 10 8 as deputy president of the tribunal. 9 "expert" see section 53(1). 10 "facilitators" see section 18(1)(c). 11 "facilitators list" see section 18(1)(c). 12 "government entity" see Public Service Act 1996, section 21. 13 "harm", to a child, see section 4. 14 "independent inquirers" see section 18(1)(d). 15 "independent inquirers list" see section 18(1)(d). 16 "member" means a member of the tribunal. 17 "notice" means written notice. 18 "obstruct" includes hinder, resist and attempt to obstruct. 19 "place" includes premises and vacant land. 20 "premises" includes-- 21 (a) a building or other structure; and 22 (b) a part of a building or other structure; and 23 (c) land where a building or other structure is situated; and 24 (d) a vehicle. 25 "president" means the member appointed under section 10 as president of 26 the tribunal. 27

 


 

83 Children Services Tribunal SCHEDULE 2 (continued) "presiding member" see section 29. 1 "proceeding" means a proceeding under this Act relating to a review 2 application and does not include an inquiry being undertaken by an 3 independent inquirer. 4 "registrar" means the registrar of the tribunal. 5 "review" means the review of a reviewable decision by the tribunal. 6 "reviewable decision" means a decision that, under an Act, a person may 7 apply to have reviewed by the tribunal. 8 "review application" see section 58(1). 9 "separate representative" see section 68(3). 10 "support person" see section 49(2). 11 "tribunal" means the Children Services Tribunal. 12 "tribunal rules" see section 150(1). 13 14 © State of Queensland 2000

 


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