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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Family Responsibilities
Commission Amendment Bill
2015
Queensland
Family Responsibilities Commission
Amendment Bill 2015
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 24 (Delegation by commissioner) . . . . . . . . . . . 4
4 Amendment of s 34 (Eligibility for appointment as registrar) . . . . 4
5 Amendment of s 37 (Delegation by registrar). . . . . . . . . . . . . . . . 5
6 Replacement of s 43 (Notice about offences) . . . . . . . . . . . . . . . 5
43 Court advice notices. . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 8
Schedule 1 CDEP Scheme participant amendments . . . . . . . . . . . . . . . . . 10
2015
A Bill
for
An Act to amend the Family Responsibilities Commission Act
2008 for particular purposes
Family Responsibilities Commission Amendment Bill 2015
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Family Responsibilities 3
Commission Amendment Act 2015. 4
Clause 2 Act amended 5
This Act amends the Family Responsibilities Commission Act 6
2008. 7
Clause 3 Amendment of s 24 (Delegation by commissioner) 8
Section 24-- 9
insert-- 10
(2A) In addition, the commissioner may delegate the 11
commissioner's functions for a conference to the 12
chairperson of the commission for the conference 13
if-- 14
(a) the commissioner makes a direction under 15
section 50A(1) for the conference; and 16
(b) the chairperson is appropriately qualified to 17
perform the commissioner's functions for 18
the conference. 19
(2B) For subsection (2A), the reference to the 20
commissioner's functions includes the 21
commissioner's functions relating to an income 22
management decision. 23
Clause 4 Amendment of s 34 (Eligibility for appointment as 24
registrar) 25
Section 34, from 'if the person is--'-- 26
omit, insert-- 27
Page 4
Family Responsibilities Commission Amendment Bill 2015
[s 5]
if the person-- 1
(a) has an appropriate understanding of the 2
history and culture of Aboriginal people and 3
Torres Strait Islanders; and 4
(b) is-- 5
(i) a lawyer; or 6
(ii) otherwise--appropriately qualified to 7
perform the functions of the registrar. 8
Clause 5 Amendment of s 37 (Delegation by registrar) 9
Section 37(2), definition appropriately qualified-- 10
omit. 11
Clause 6 Replacement of s 43 (Notice about offences) 12
Section 43-- 13
omit, insert-- 14
43 Court advice notices 15
(1) This section applies if-- 16
(a) a court-- 17
(i) convicts a person of an offence; or 18
(ii) makes a protection order against a 19
person; and 20
(b) for a person convicted of the offence who is 21
a child--publication of identifying 22
information about the child is not prohibited 23
under the Youth Justice Act 1992, section 24
299A or 301; and 25
(c) at least 1 of the following applies-- 26
(i) the court was sitting in a welfare 27
reform community area, Cooktown or 28
Mossman; 29
Page 5
Family Responsibilities Commission Amendment Bill 2015
[s 6]
(ii) the court officer learns that the person 1
lives, or at any time after the start day 2
has lived, in a welfare reform 3
community area; 4
(iii) if the person is a child--the court 5
officer learns that a parent of the child 6
lives, or at any time after the start day 7
has lived, in a welfare reform 8
community area. 9
(2) The court officer must give the commission a 10
notice (a court advice notice) that states-- 11
(a) if the court convicted the person of an 12
offence-- 13
(i) the offence that the person was 14
convicted of; and 15
(ii) the day on which the court convicted 16
the person; and 17
(b) if the court made a protection order against 18
the person-- 19
(i) the conditions (if any) of the protection 20
order; and 21
(ii) the day on which the court made the 22
protection order; and 23
(c) the person's name and address; and 24
(d) information that identifies the court-- 25
(i) that convicted the person; or 26
(ii) made the protection order against the 27
person; and 28
(e) information that identifies-- 29
(i) the place where the conduct that is the 30
subject of the conviction or protection 31
order happened; or 32
Page 6
Family Responsibilities Commission Amendment Bill 2015
[s 6]
(ii) the welfare reform community area 1
mentioned in subsection (1)(c)(ii) or 2
(iii). 3
(3) The court officer must give the notice as soon as 4
practicable, but not more than 10 business days, 5
after the later of the following-- 6
(a) the court-- 7
(i) convicts the person; or 8
(ii) makes the protection order against the 9
person; 10
(b) the court officer learns that the person or, if 11
the person is a child, a parent of the child 12
lives, or at any time after the start day has 13
lived, in a welfare reform community area. 14
(4) In this section-- 15
conviction, in relation to a child, means a finding 16
of guilt within the meaning of the Youth Justice 17
Act 1992. 18
court means-- 19
(a) the Childrens Court; or 20
(b) the District Court; or 21
(c) a Magistrates Court; or 22
(d) the Supreme Court. 23
court officer means-- 24
(a) for a court that convicts a person-- 25
(i) for the Childrens Court--the registrar 26
or the clerk of the court; or 27
(ii) for the District Court--the registrar of 28
the court; or 29
(iii) for a Magistrates Court--the clerk of 30
the court; or 31
Page 7
Family Responsibilities Commission Amendment Bill 2015
[s 7]
(iv) for the Supreme Court--the registrar of 1
the court; or 2
(b) otherwise--a clerk as defined in the 3
Domestic and Family Violence Protection 4
Act 2012, schedule. 5
identifying information see the Youth Justice Act 6
1992, schedule 4. 7
protection order see the Domestic and Family 8
Violence Protection Act 2012, schedule. 9
start day means-- 10
(a) for subsection (1)(c)(iii), in relation to a 11
child convicted of an offence--28 12
November 2014; or 13
(b) otherwise--the day on which this definition 14
commences. 15
Clause 7 Amendment of schedule (Dictionary) 16
(1) Schedule, definition conviction notice-- 17
omit. 18
(2) Schedule-- 19
insert-- 20
court advice notice see section 43. 21
(3) Schedule, definition agency notice, paragraph (d)-- 22
omit, insert-- 23
(d) court advice notice; 24
(4) Schedule, definition relevant person, paragraph (d)-- 25
omit, insert-- 26
(d) for a court advice notice-- 27
(i) if the person who is the subject of the 28
notice is a child--any parent of the 29
child, or the child; or 30
Page 8
Family Responsibilities Commission Amendment Bill 2015
[s 7]
(ii) otherwise--the person who is the 1
subject of the notice; or 2
Page 9
Family Responsibilities Commission Amendment Bill 2015
Schedule 1
Schedule 1 CDEP Scheme participant 1
amendments 2
section 2 3
1 Section 8(c)-- 4
omit. 5
2 Section 68(3)-- 6
omit. 7
3 Section 69(3)-- 8
omit. 9
4 Section 87(3)-- 10
omit. 11
5 Section 108(3)-- 12
omit. 13
6 Schedule, definition CDEP Scheme participant-- 14
omit. 15
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 10
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