Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
One Funding System for
Better Services Bill 2011
Queensland
One Funding System for Better Services
Bill 2011
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2 Application, objects and principles
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5 Main object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 How main object is mainly achieved. . . . . . . . . . . . . . . . . . . . . . . 13
7 Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
8 Finite resources available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 3 Interpretation
9 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Application of Acts Interpretation Act 1954, s 33 . . . . . . . . . . . . . 15
11 Meaning of funded entity and funded product or service . . . . . . . 15
12 Meaning of funding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
13 When dealing with land may be funding. . . . . . . . . . . . . . . . . . . . 20
14 Meaning of serious concern . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 2 Providing funding
15 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
16 Approval for funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
17 Urgent approval for funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
18 Funding decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
19 Funding agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
20 Funding may be provided before funding agreement entered into 26
One Funding System for Better Services Bill 2011
Contents
Part 3 Cooperative approach
21 Cooperative approach for managing funding and the delivery of
funded products and services . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 4 Managing serious concern
Division 1 Preliminary
22 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
23 Report by authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2 Compliance notice
24 Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 3 Interim manager
Subdivision 1 Appointment
25 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
26 Basis for appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
27 Suitability of proposed appointee . . . . . . . . . . . . . . . . . . . . . . . . . 32
28 Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
29 Information notice about appointment . . . . . . . . . . . . . . . . . . . . . 33
30 Informing particular persons about appointment . . . . . . . . . . . . . 33
31 Initial period of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
32 Variation of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
33 Ending of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 2 Functions and powers
34 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
35 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
36 Interim manager's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
37 Direction by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
38 Other powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
39 Limitation on powers under instrument of appointment . . . . . . . . 37
40 Production of instrument of appointment for inspection . . . . . . . . 37
41 Obstructing interim manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 3 Other matters
42 Access to information or documents . . . . . . . . . . . . . . . . . . . . . . 38
43 Confidentiality of information or documents of funded entity . . . . 38
44 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
45 Funded entity liable for remuneration and other costs . . . . . . . . . 39
46 Accounts and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
47 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Page 2
One Funding System for Better Services Bill 2011
Contents
48 Corporations legislation displacement provision . . . . . . . . . . . . . 40
Division 4 Recovery of funding
49 Recovery of funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Part 5 Investigation and enforcement
Division 1 Preliminary
50 Purpose of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
51 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 2 General matters about authorised officers
Subdivision 1 Appointment
52 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 43
53 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 43
54 Authorised officer subject to direction . . . . . . . . . . . . . . . . . . . . . 44
55 Limit on exercise of power or performance of function . . . . . . . . . 44
56 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
57 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 2 Identity cards
58 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
59 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 46
60 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Subdivision 3 Miscellaneous provisions
61 References to exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . 46
62 Reference to document includes reference to reproductions from
electronic document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 3 Entry of places by authorised officers
Subdivision 1 Power to enter
63 General power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Subdivision 2 Entry by consent
64 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
65 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . . 48
66 Matters authorised officer must tell occupier . . . . . . . . . . . . . . . . 49
67 Consent acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Subdivision 3 Entry under warrant
68 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
69 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
70 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
71 Additional procedure if electronic application . . . . . . . . . . . . . . . . 53
Page 3
One Funding System for Better Services Bill 2011
Contents
72 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
73 Entry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 4 General powers of authorised officers after entering places
74 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
75 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
76 Power to require reasonable help. . . . . . . . . . . . . . . . . . . . . . . . . 57
77 Offence to contravene help requirement . . . . . . . . . . . . . . . . . . . 57
Division 5 Other information-obtaining powers of chief executives and
authorised officers
78 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 58
79 Offence to contravene personal details requirement . . . . . . . . . . 59
80 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
81 Offence to contravene information requirement or certification
requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 6 Miscellaneous provisions relating to chief executives and
authorised officers
Subdivision 1 Damage
82 Duty to avoid inconvenience and minimise damage. . . . . . . . . . . 61
83 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Subdivision 2 Compensation
84 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Subdivision 3 Other offences relating to chief executives and authorised
officers
85 Giving chief executive or authorised officer false or misleading
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
86 Obstructing authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
87 Impersonating authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 64
Subdivision 4 Other provisions
88 Evidential immunity for individuals complying with particular
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Part 6 Reviews
Division 1 Reviewable decisions
89 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 2 Review by chief executive
90 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
91 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . 66
92 Reviewed decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Page 4
One Funding System for Better Services Bill 2011
Contents
Division 3 Review by QCAT
93 Review of reviewed decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Part 7 Legal proceedings
94 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
95 Offences under Act are summary. . . . . . . . . . . . . . . . . . . . . . . . . 69
96 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
97 Dealing with forfeited thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
98 Responsibility for acts or omissions of representative . . . . . . . . . 69
99 Statement of complainant's knowledge . . . . . . . . . . . . . . . . . . . . 70
Part 8 Miscellaneous provisions
100 Consistency of funding agreement with Act . . . . . . . . . . . . . . . . . 71
101 Supervision by authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 71
102 Protection from liability for particular persons . . . . . . . . . . . . . . . 71
103 Delegation by Minister or chief executive . . . . . . . . . . . . . . . . . . . 72
104 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
105 Chief executive may share information about funded entity . . . . . 74
106 Joint exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
107 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
108 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Part 9 Repeals
109 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Part 10 Transitional provisions
Division 1 Definitions for pt 10
110 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 2 Transitional provisions generally
Subdivison 1 Application of Act to particular agreements
111 Act does not apply to continuing agreements. . . . . . . . . . . . . . . . 77
112 Act does not apply to housing agreements . . . . . . . . . . . . . . . . . 77
Subdivision 2 Provisions for certain written agreements
113 Continuation of agreements to enter into written agreement
about funding under a funding Act . . . . . . . . . . . . . . . . . . . . . . . . 78
114 Continuation of other agreements to enter into written
agreement under a funding Act . . . . . . . . . . . . . . . . . . . . . . . . . . 78
115 Continuation of written agreements made under funding
agreement Act as funding agreements. . . . . . . . . . . . . . . . . . . . . 80
116 Continuation of other written agreements made under funding
agreement Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Page 5
One Funding System for Better Services Bill 2011
Contents
Subdivision 3 Provisions for other agreements
117 Continuation of other written agreements as funding agreements 81
118 Continuation of funding provided without written agreement . . . . 82
Subdivision 4 Provisions relating to particular leases
119 Provision for particular existing leases . . . . . . . . . . . . . . . . . . . . . 82
120 Existing dealings with land may be funding . . . . . . . . . . . . . . . . . 83
Subdivision 5 Miscellaneous
121 Existing requests for funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
122 References to repealed Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 3 Transitional provisions relating to Community Services Act
2007
123 Approved service providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
124 Cancellation of approval as service provider . . . . . . . . . . . . . . . . 85
Division 4 Transitional regulation-making power
125 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 85
Part 11 Amendment of Acts
Division 1 Amendment of this Act
126 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
127 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
128 Amendment of s 4 (Application of Act) . . . . . . . . . . . . . . . . . . . . . 86
129 Amendment of s 9 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 86
130 Renumbering of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . 86
Division 2 Amendment of Aboriginal and Torres Strait Islander
Communities (Justice, Land and Other Matters) Act 1984
131 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
132 Amendment of s 56 (Grant of aid) . . . . . . . . . . . . . . . . . . . . . . . . 87
Division 3 Amendment of Aboriginal Cultural Heritage Act 2003
133 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
134 Amendment of s 37 (Function of Aboriginal cultural heritage
body) ......................................... 88
Division 4 Amendment of Casino Control Act 1982
135 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
136 Amendment of s 52 (Casino community benefit fund) . . . . . . . . . 88
Division 5 Amendment of Corrective Services Act 2006
137 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
138 Omission of ch 6, pt 1 (Grant of financial assistance) . . . . . . . . . 89
139 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 89
Page 6
One Funding System for Better Services Bill 2011
Contents
Division 6 Amendment of Disability Services Act 2006
140 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
141 Amendment of s 7 (How objects are mainly achieved). . . . . . . . . 89
142 Amendment of s 14 (Meaning of funded service provider). . . . . . 90
143 Omission of s 16 (Meaning of approved non-government
service provider). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
144 Amendment of s 17 (Meaning of funded non-government
service provider). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
145 Omission of pt 6 (Approved non-government service providers) . 90
146 Insertion of new s 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
50 Definition for pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
147 Amendment of s 52 (When funding may be given) . . . . . . . . . . . 91
148 Omission of ss 53-58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
149 Omission of pt 8 (Prescribed requirements for funded
non-government service providers) . . . . . . . . . . . . . . . . . . . . . . . 91
150 Amendment of s 134 (Power to enter place where funded
non-government service provider provides disability services) . . 91
151 Amendment of s 137 (Issue of warrant) . . . . . . . . . . . . . . . . . . . . 92
152 Omission of pt 12 (Appointment of interim manager). . . . . . . . . . 92
153 Replacement of s 207 (Reviewable decisions). . . . . . . . . . . . . . . 92
207 Definitions for pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . 92
154 Insertion of new pt 15, div 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Division 1B Policies
214F Application of div 1B. . . . . . . . . . . . . . . . . . . . . . . . . . 93
214G Definition for div 1B . . . . . . . . . . . . . . . . . . . . . . . . . . 93
214H Funding agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 93
214I Policies to take account of differences, customs and
diversity ............................. 93
214J Abuse, neglect or exploitation policy . . . . . . . . . . . . . 93
214K Complaints policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
214L Provider must keep register of policies. . . . . . . . . . . . 95
155 Amendment of s 222 (Confidentiality of other information) . . . . . 95
156 Amendment of s 229 (Protecting officials from liability) . . . . . . . . 95
157 Insertion of new pt 16, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Division 6 Transitional provisions for One Funding
System for Better Services Act 2011
291 Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Page 7
One Funding System for Better Services Bill 2011
Contents
292 Cancellation of approval as approved
non-government service provider. . . . . . . . . . . . . . . . 96
293 Withdrawal of applications relating to approval as
approved non-government service provider . . . . . . . . 96
158 Omission of sch 2 (Reviewable decisions) . . . . . . . . . . . . . . . . . . 97
159 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 7 Amendment of Duties Act 2001
160 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
161 Amendment of s 429 (Instruments and transactions under
Housing Act 2003) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Division 8 Amendment of Education (General Provisions) Act 2006
162 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
163 Amendment of s 368 (Provision of scholarships and payment of
allowances). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
164 Amendment of s 369 (Minister's policy) . . . . . . . . . . . . . . . . . . . . 99
165 Amendment of s 421 (Transportation assistance for certain
students) ..................................... 99
166 Amendment of s 422 (Grants to entities) . . . . . . . . . . . . . . . . . . . 99
Division 9 Amendment of Fisheries Act 1994
167 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
168 Insertion of new s 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
12A Relationship with One Funding System for Better
Services Act 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
169 Amendment of s 20A (Powers). . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Division 10 Amendment of Forestry Act 1959
170 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
171 Amendment of s 39A (Forest entitlement areas) . . . . . . . . . . . . . 101
172 Amendment of s 52 (Power to subsidise road works) . . . . . . . . . 101
173 Amendment of s 68 (Cooperative burnings). . . . . . . . . . . . . . . . . 101
Division 11 Amendment of Gaming Machine Act 1991
174 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
175 Amendment of s 322 (Disposition of fees etc.). . . . . . . . . . . . . . . 102
Division 12 Amendment of Housing Act 2003
176 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
177 Amendment of s 10 (Queensland Housing Fund) . . . . . . . . . . . . 102
178 Insertion of new pt 2, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Division 1A Relationship with One Funding System for
Better Services Act 2011
Page 8
One Funding System for Better Services Bill 2011
Contents
10A Functions and powers relating to funding. . . . . . . . . . 103
179 Amendment of s 14 (Waiver of amounts owed) . . . . . . . . . . . . . . 104
180 Insertion of new s 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
19A Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
181 Amendment of pt 4, div 2, hdg (Assistance). . . . . . . . . . . . . . . . . 104
182 Replacement of s 23 (Ways of giving assistance) . . . . . . . . . . . . 104
23 Providing funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
183 Omission of ss 25-26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
184 Replacement of s 27 (No entitlement to assistance) . . . . . . . . . . 105
27 No entitlement to funding . . . . . . . . . . . . . . . . . . . . . . 105
185 Amendment of s 30 (Application for cancellation of registration) . 105
186 Amendment of s 31 (Cancellation of registration without
application) .................................. 106
187 Amendment of s 34 (Registered provider must comply with
prescribed requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
188 Omission of s 35 (Compliance notice) . . . . . . . . . . . . . . . . . . . . . 107
189 Insertion of new s 37A and div 6 . . . . . . . . . . . . . . . . . . . . . . . . . 107
37A Notation in the register . . . . . . . . . . . . . . . . . . . . . . . . 107
Division 6 Power of interim manager
37B Power to act on registered provider's behalf in
relation to a relevant agreement . . . . . . . . . . . . . . . . . 107
190 Omission of pt 5 (Appointment of interim manager). . . . . . . . . . . 108
191 Amendment of s 63 (Reviewable decisions). . . . . . . . . . . . . . . . . 108
192 Amendment of s 68 (Exercise of powers only for certain matters) 108
193 Insertion of new ss 99A-99B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
99A Delegation by Minister or chief executive . . . . . . . . . . 109
99B Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
194 Amendment of s 127 (Registration of entity that is a party to a
continuing agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
195 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 110
Division 13 Amendment of Liquor Act 1992
196 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
197 Amendment of s 220 (Disbursement of fees etc.) . . . . . . . . . . . . 111
Division 14 Amendment of Marine Parks Act 2004
198 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
199 Amendment of s 41 (Chief executive may enter into cooperative
arrangement for management plan) . . . . . . . . . . . . . . . . . . . . . . . 112
Page 9
One Funding System for Better Services Bill 2011
Contents
Division 15 Amendment of Maritime Safety Queensland Act 2002
200 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
201 Amendment of s 13 (Fund). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 16 Amendment of Torres Strait Islander Cultural Heritage Act
2003
202 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
203 Amendment of s 37 (Function of Torres Strait Islander cultural
heritage body) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 17 Amendment of Transport Infrastructure Act 1994
204 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
205 Amendment of s 21 (Air transport infrastructure funding
programs) .................................. 114
Division 18 Amendment of Transport Operations (Passenger Transport)
Act 1994
206 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
207 Amendment of s 80B (Taxi Industry Security Fund) . . . . . . . . . . . 115
208 Amendment of s 143B (Approval of basis for funding for
transport function) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
209 Amendment of s 144 (Transport arrangements for students) . . . . 116
Division 19 Amendment of Waste Reduction and Recycling Act 2011
210 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
211 Amendment of s 70 (Payment of amounts from Waste and
Environment Fund) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Part 12 Amendment of other Acts
212 Consequential amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Schedule 1 Consequential amendments of Acts . . . . . . . . . . . . . . . . . . . . 118
Housing Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Police Service Administration Act 1990 . . . . . . . . . . . . . . . . . . . . 118
Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Page 10
2011
A Bill
for
An Act to provide for funding by departments to
non-government entities and local governments and to repeal
the Community Services Act 2007 and the Family Services Act
1987 and to make minor and consequential amendments to the
Aboriginal and Torres Strait Islander Communities (Justice,
Land and Other Matters) Act 1984, the Aboriginal Cultural
Heritage Act 2003, the Casino Control Act 1982, the Corrective
Services Act 2006, the Disability Services Act 2006, the Duties
Act 2001, the Education (General Provisions) Act 2006, the
Fisheries Act 1994, the Forestry Act 1959, the Gaming Machine
Act 1991, the Housing Act 2003, the Liquor Act 1992, the Marine
Parks Act 2004, the Maritime Safety Queensland Act 2002, the
Police Service Administration Act 1990, the Public Service Act
2008, the Torres Strait Islander Cultural Heritage Act 2003, the
Transport Infrastructure Act 1994, the Transport Operations
(Passenger Transport) Act 1994 and the Waste Reduction and
Recycling Act 2011
One Funding System for Better Services Bill 2011
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the One Funding System for Better 5
Services Act 2011. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
Division 2 Application, objects and principles 9
3 Act binds all persons 10
(1) This Act binds all persons, including the State. 11
(2) Nothing in this Act makes the State liable to be prosecuted for 12
an offence. 13
4 Application of Act 14
This Act applies in relation to all funding provided by a 15
department to an entity. 16
Note-- 17
Section 12 provides for when a department provides funding, and entity 18
is defined in schedule 2. 19
Page 12
One Funding System for Better Services Bill 2011
Part 1 Preliminary
[s 5]
5 Main object of Act 1
The main object of this Act is to provide for the funding of 2
products or services that-- 3
(a) contribute to Queensland's economic, social and 4
environmental wellbeing; and 5
(b) enhance the quality of life of individuals, groups and 6
communities. 7
6 How main object is mainly achieved 8
The main object is achieved mainly by-- 9
(a) departments providing funding to entities to provide 10
products or services; and 11
(b) providing clear and consistent powers that safeguard the 12
funding and the delivery of products or services 13
provided with the funding. 14
7 Guiding principles 15
This Act is to be administered in a way that has sufficient 16
regard to the following principles-- 17
(a) government's processes and practices for providing 18
funding should-- 19
(i) be transparent, including, for example, being clear 20
and open about the basis and conditions on which 21
funding is provided; and 22
(ii) promote best practice and public confidence in the 23
delivery of products and services; and 24
(iii) take account of the diversity of entities providing 25
products or services, including taking account of 26
their purposes, functions, activities, clientele and 27
organisational structures; and 28
(iv) promote cooperative dealings between the 29
government and funded entities; and 30
Page 13
One Funding System for Better Services Bill 2011
Part 1 Preliminary
[s 8]
(v) where practicable, encourage collaborative and 1
integrated approaches among entities providing 2
products or services; and 3
(vi) incorporate clear and timely communication; 4
(b) the benefits of products or services are maximised by 5
efficient and effective use of available resources and 6
monitoring and compliance practices; 7
(c) monitoring and compliance practices should-- 8
(i) promote high standards of product or service 9
delivery; and 10
(ii) minimise administrative and compliance costs; and 11
(iii) where practicable, promote cooperative 12
approaches to dealing with concerns about product 13
or service delivery; 14
(d) ensuring quality, safety and accountability in the 15
delivery of funded products or services will-- 16
(i) safeguard the interests of users of the products or 17
services, including those users who are at risk or 18
are vulnerable; and 19
(ii) help to meet public expectations about the use of 20
public funds; 21
(e) funded entities and the government should work 22
together to meet common aims in a way that recognises 23
and respects each other's autonomy, purpose, functions, 24
contribution and accountabilities; 25
(f) the relationship between funded entities and the 26
government should be based on cooperation, 27
collaboration, mutual respect and timely and open 28
communication. 29
8 Finite resources available 30
In administering this Act, regard must be had to the 31
following-- 32
Page 14
One Funding System for Better Services Bill 2011
Part 1 Preliminary
[s 9]
(a) the State has finite resources available to provide as 1
funding; 2
(b) there is a need to distribute the resources fairly having 3
regard to the State's priorities. 4
Division 3 Interpretation 5
9 Definitions 6
The dictionary in schedule 2 defines particular words used in 7
this Act. 8
10 Application of Acts Interpretation Act 1954, s 33 9
The Acts Interpretation Act 1954, section 33(2), (7) and (11) 10
does not apply. 11
Note-- 12
The Acts Interpretation Act 1954, section 33 deals with references to 13
Ministers, departments and chief executives. For the purposes of this 14
Act, a reference to, for example, the chief executive is not limited to a 15
reference to the chief executive of the public sector unit administering 16
this Act. 17
11 Meaning of funded entity and funded product or service 18
(1) A funded entity is an entity that receives funding to provide a 19
product or service whether or not the entity has an agreement 20
with the department who provided the funding in relation to 21
the product or service. 22
(2) A funded product or service, in relation to a funded entity, is 23
a product or service required to be provided by the funded 24
entity with funding received by the funded entity. 25
(3) For subsections (1) and (2), it is immaterial whether other 26
funds or resources are also used by the entity to provide the 27
product or service. 28
Page 15
One Funding System for Better Services Bill 2011
Part 1 Preliminary
[s 12]
12 Meaning of funding 1
(1) A department provides funding if the department provides aid 2
or support in the form of money or other assistance to an 3
entity-- 4
(a) to enable the entity to provide a product or service to the 5
community where the product or service has a social, 6
environmental or economic benefit for Queensland; and 7
(b) on conditions that-- 8
(i) require specified products or services to be 9
provided; and 10
Example for subparagraph (i)-- 11
A provision of a lease that limits the use of property under 12
the lease to a particular purpose would not be a condition 13
requiring a specified product or service to be provided. 14
(ii) require the entity to be accountable to the 15
department for providing the products or services 16
and the use of the money or other assistance. 17
Examples of assistance that a department may provide-- 18
· an amount of money 19
· lease of a building 20
· transfer of land 21
· goods or services 22
· in-kind support 23
(2) A department does not provide funding if the department 24
does any of the following-- 25
(a) buys or sells a product or service, including if the 26
department buys or sells the product or service for, or 27
for the benefit of, a third party; 28
Example-- 29
a product or service purchased under a government policy on 30
procurement 31
(b) leases the department's property in a commercial 32
arrangement; 33
Page 16
One Funding System for Better Services Bill 2011
Part 1 Preliminary
[s 12]
Example-- 1
a lease entered into between a department and a retail business 2
under which a commercial rent is payable 3
(c) grants a licence, permit or other authority regulating an 4
activity; 5
(d) provides money or other assistance directly to an 6
individual-- 7
(i) to enable the individual-- 8
(A) to undertake a fellowship or scholarship; or 9
(B) to obtain (rather than provide) a product or 10
service; or 11
Example for subparagraph (i)(B)-- 12
the provision of an interest-free loan to an individual to 13
cover their rental bond in private rental accommodation 14
(ii) as an award or prize; 15
(e) provides a licence, lease or other interest in land under a 16
relevant land Act to an entity; 17
(f) provides an ex gratia payment or a payment of 18
compensation, including a payment of compensation 19
under an Act; 20
(g) provides a tax concession or offset; 21
(h) provides an investment or loan of money, other than a 22
loan of money made to a registered provider under the 23
Housing Act 2003; 24
(i) provides money or other assistance to an entity as 25
sponsorship under arrangements made under a 26
government policy on sponsorship; 27
(j) provides money or assistance under another Act and the 28
other Act provides for the granting of funding other than 29
under this Act; 30
Page 17
One Funding System for Better Services Bill 2011
Part 1 Preliminary
[s 12]
Examples of other Acts that make provision about the granting of 1
funding-- 2
· the Education (Accreditation of Non-State Schools) Act 3
2001 4
· the Education (Capital Assistance) Act 1993 5
· the Mater Public Health Services Act 2008 6
· the Nature Conservation Act 1992 7
· the Transport Operations (Passenger Transport Act 1994, 8
chapter 6 9
(k) receives money or other assistance from the 10
Commonwealth and the department-- 11
(i) has no discretion in the allocation or disbursement 12
of the money or other assistance; and 13
(ii) is not responsible for regulating or monitoring the 14
money or other assistance; 15
(l) provides money or other assistance for a product or 16
service that is provided in full before the funding is 17
provided; 18
Example-- 19
a rebate scheme 20
(m) seeks to support the development of an innovative, 21
sustainable and competitive Queensland economy by 22
providing money or other assistance to an entity to 23
increase its profitability, productivity, efficiency or 24
sustainability through-- 25
(i) the entity's development, or use or continued use, 26
of new, alternative or improved products, 27
processes, technology, business practices, 28
marketing methods or organisational structures; or 29
(ii) offsetting technical or commercial risks associated 30
with the entity developing or proving new 31
products, processes, technologies, business 32
practices, marketing methods or organisational 33
structures; 34
Page 18
One Funding System for Better Services Bill 2011
Part 1 Preliminary
[s 12]
(n) provides money or other assistance under an investment 1
incentive scheme; 2
(o) provides money or other assistance to an entity as part of 3
a public-private partnership under arrangements made 4
under a government policy on public-private 5
partnerships; 6
(p) provides money or other assistance to an indigenous 7
local government in place of revenue that would 8
otherwise be raised by the indigenous local government 9
through rates levied on rateable land under the Local 10
Government Act 2009; 11
(q) provides money or other assistance to a local 12
government under the Local Government (Financial 13
Assistance) Act 1995 (Cwlth); 14
(r) provides, together with one of the following, money or 15
other assistance to an entity and all parties enter into an 16
agreement about the provision of the money or other 17
assistance-- 18
(i) one or more entities; 19
(ii) one or more entities and one or more government 20
funding entities; 21
(iii) one or more government funding entities, where at 22
least one of the government funding entities is not 23
a department. 24
(3) In this section-- 25
government funding entity means-- 26
(a) a government entity; or 27
(b) a statutory body; or 28
(c) a GOC; or 29
(d) a subsidiary of a GOC; or 30
(e) a government entity, statutory body, GOC or subsidiary 31
of a GOC of the Commonwealth or another State; or 32
(f) an exempt company. 33
Page 19
One Funding System for Better Services Bill 2011
Part 1 Preliminary
[s 13]
indigenous local government means any of the following 1
local governments-- 2
(a) an indigenous local government under the Local 3
Government Act 2009, schedule 4; and 4
(b) the Aurukun Shire Council; and 5
(c) the Mornington Shire Council. 6
investment incentive scheme see the Right to Information Act 7
2009, schedule 3, section 11. 8
13 When dealing with land may be funding 9
(1) Despite section 12(2)(e), a Minister for a department 10
proposing to provide a licence, lease or other interest in land 11
under a relevant land Act to an entity (the funding Minister) 12
may decide that the licence, lease or other interest in land is a 13
provision of funding to which this Act applies. 14
(2) The funding Minister may only make the decision if the 15
provision of the licence, lease or other interest in land by the 16
department to the entity would, except for section 12(2)(e), be 17
a provision of funding to which this Act applies. 18
(3) In making the decision, the funding Minister must consider 19
the following-- 20
(a) the nature of any product or service to be provided by 21
the entity with the land; 22
(b) the objects and principles of this Act. 23
(4) If the funding Minister decides the licence, lease or other 24
interest in land is a provision of funding to which this Act 25
applies, the funding Minister or the chief executive of the 26
department providing the licence, lease or other interest in 27
land must give written notice of the funding Minister's 28
decision to the entity. 29
(5) If a funding Minister is a Minister of the department 30
administering a relevant land Act and a provision of the 31
relevant land Act provides for the chief executive of the 32
department administering the relevant land Act to approve the 33
Page 20
One Funding System for Better Services Bill 2011
Part 1 Preliminary
[s 14]
provision of a licence, lease or other interest in land under the 1
relevant land Act to an entity-- 2
(a) the funding Minister may act under this section despite 3
the provision of the relevant land Act; and 4
(b) the chief executive may only provide the licence, lease 5
or other interest in land under the relevant land Act with 6
the approval of the funding Minister. 7
(6) If a funding Minister decides a licence, lease or other interest 8
in land under a relevant Act is a provision of funding to which 9
this Act applies, this Act applies to the provision of the 10
licence, lease or other interest in land. 11
14 Meaning of serious concern 12
A serious concern for funding received by a funded entity 13
exists if any of the following happens or there is a serious risk 14
that any of the following will happen-- 15
(a) the funding received by the funded entity is improperly 16
used; 17
Examples of improper use of funding-- 18
· funding is used for a dishonest or fraudulent purpose 19
· funding is used for a purpose other than providing a funded 20
product or service 21
(b) the funded entity significantly fails to provide a funded 22
product or service; 23
Example of significantly failing to provide a product or service-- 24
closing an emergency accommodation service provided with 25
funding where the service is required, under the funding 26
agreement, to be continually open 27
(c) an act done or omission made by the funded entity in 28
providing a funded product or service results in harm to 29
an individual. 30
Example-- 31
an individual uses a funded service provided by a funded entity 32
and the individual suffers physical, psychological, emotional or 33
Page 21
One Funding System for Better Services Bill 2011
Part 2 Providing funding
[s 15]
financial harm as a result of neglect, abuse or exploitation by the 1
funded entity 2
Part 2 Providing funding 3
15 Purpose of pt 2 4
The purpose of this part is to enable funded entities to provide 5
products or services in ways that best achieve the objects of 6
this Act. 7
16 Approval for funding 8
(1) A department may only provide funding to an entity if the 9
appropriate Minister has approved the funding. 10
Note-- 11
See also section 103 which allows the Minister to delegate a function 12
under this Act, including a function to approve a request for funding 13
under this Act. 14
(2) Subject to section 17, the appropriate Minister may only 15
approve the funding if the chief executive of the department 16
(the relevant chief executive) has received a written request 17
from the entity for funding. 18
(3) If the relevant chief executive has received a written request 19
for funding from an entity, the appropriate Minister or 20
relevant chief executive may, by notice given to the entity, ask 21
the entity to give the appropriate Minister or relevant chief 22
executive further information or a document that the 23
appropriate Minister reasonably requires to decide the request 24
within a stated reasonable time. 25
(4) The entity is taken to have withdrawn the request if the entity 26
does not give the appropriate Minister or relevant chief 27
executive the further information or document within the 28
stated time. 29
Page 22
One Funding System for Better Services Bill 2011
Part 2 Providing funding
[s 17]
17 Urgent approval for funding 1
(1) The appropriate Minister may approve funding for an entity 2
where no written request has been made if the appropriate 3
Minister is satisfied urgent circumstances exist that make it 4
impracticable for the entity to make the written request for 5
funding. 6
(2) The entity must make a written request to the chief executive 7
of the department providing the funding (also the relevant 8
chief executive) as soon as practicable. 9
18 Funding decision 10
(1) In deciding whether to approve funding, the appropriate 11
Minister may consider any relevant matter, including, for 12
example-- 13
(a) whether the entity-- 14
(i) has appropriate governance arrangements; or 15
(ii) is incorporated; or 16
(iii) holds a licence or accreditation relevant to the 17
product or service for which funding is requested; 18
or 19
(iv) has the capacity to effectively provide the product 20
or service for which funding is requested; or 21
(b) the entity's record of financial management; or 22
(c) the objects of this Act. 23
(2) However, in deciding whether to approve the funding the 24
appropriate Minister must consider the following-- 25
(a) if the funding is provided under another Act and the 26
other Act provides that the funding may be provided for 27
a particular purpose--the purpose for which the funding 28
may be provided under the other Act; 29
Examples for paragraph (a)-- 30
· the Aboriginal Cultural Heritage Act 2003, section 37 31
· the Casino Control Act 1982, section 52(6) 32
Page 23
One Funding System for Better Services Bill 2011
Part 2 Providing funding
[s 18]
· the Disability Services Act 2006, section 51 1
· the Education (General Provisions) Act 2006, section 2
422(1) 3
· the Forestry Act 1959, section 68 4
· the Gaming Machine Act 1991, section 322(4) and (5) 5
· the Housing Act 2003, section 24 6
· the Liquor Act 1992, section 220 7
· the Marine Parks Act 2004, section 41(1) 8
· the Maritime Safety Queensland Act 2002, section 13(5) 9
· the Torres Strait Islander Cultural Heritage Act 2003, 10
section 37 11
· the Transport Infrastructure Act 1994, section 21 12
· the Transport Operations (Passenger Transport) Act 1994, 13
section 80B(7) 14
(b) if the funding is provided under another Act--the 15
objectives and any principles of the other Act; 16
(c) if the funding is provided under another Act and the 17
other Act provides for criteria to be satisfied before the 18
funding may be provided--the criteria under the other 19
Act; 20
Example for paragraph (c)-- 21
Under the Education (General Provisions) Act 2006, section 368 22
the Minister of the department administering that Act may pay 23
an allowance under an approved policy. Section 369 of that Act 24
allows the Minister of the department administering that Act to 25
approve a policy about criteria to be satisfied for the payment of 26
the allowance under section 368 of that Act. 27
(d) if the funding is provided under another Act and the 28
other Act provides matters the Minister must have 29
regard to in considering whether to approve the 30
funding--the matters under the other Act. 31
Example for paragraph (d)-- 32
the Transport Operations (Passenger Transport) Act 1994, 33
section 143B(2) 34
Page 24
One Funding System for Better Services Bill 2011
Part 2 Providing funding
[s 19]
(3) Subject to subsection (4), if the appropriate Minister approves 1
funding for the entity, the appropriate Minister may, as the 2
appropriate Minister considers appropriate, specify the way in 3
which the funding is to be provided. 4
Examples of ways the appropriate Minister may consider appropriate for 5
providing funding-- 6
The appropriate Minister may consider it appropriate to specify the 7
following-- 8
· a time frame for providing the funding 9
· the type of funding to be provided 10
· the types of products or services to be provided with the funding 11
· the location for the delivery of funded products or services. 12
(4) If funding is provided under another Act, in approving the 13
funding the appropriate Minister must comply with the other 14
Act or allow the relevant chief executive to provide the 15
funding in a way that complies with the other Act. 16
Examples-- 17
1 Under the Transport Infrastructure Act 1994, section 21 funding 18
may be granted under a guideline developed for assessing funding 19
applications. 20
2 Under the Casino Control Act 1982, section 52 the Minister of the 21
department administering that Act may provide funding under that 22
Act in accordance with a recommendation. 23
3 The Land Act 1994, chapter 4, part 3 provides for matters that must 24
be included in a lease. 25
(5) The appropriate Minister or the relevant chief executive must 26
give notice of the appropriate Minister's decision to the entity. 27
19 Funding agreement 28
(1) If the appropriate Minister approves funding for the entity 29
under section 18, the relevant chief executive must enter into a 30
written agreement (a funding agreement) with the entity for 31
providing the funding. 32
(2) The funding agreement-- 33
Page 25
One Funding System for Better Services Bill 2011
Part 2 Providing funding
[s 20]
(a) may include the terms and conditions the relevant chief 1
executive considers appropriate, having regard to-- 2
(i) the guiding principles of this Act; and 3
(ii) anything the relevant chief executive may have 4
regard to under another Act; and 5
Example of terms and conditions the relevant chief executive may 6
have regard to under another Act-- 7
The Forestry Act 1959, section 39A(2)(c) provides terms and 8
conditions the chief executive may provide for in an agreement 9
for funding. 10
Examples of terms the relevant chief executive may include-- 11
· monitoring or reporting requirements 12
· show cause process 13
· review or compliance action 14
(b) must include details of the way in which funding is to be 15
provided as specified or allowed by the appropriate 16
Minister under section 18(3) and (4); and 17
(c) must state that the funding provided is funding to which 18
this Act applies. 19
(3) Subject to section 20, the relevant chief executive may provide 20
the funding to the entity only if the entity has entered into a 21
funding agreement with the relevant chief executive for the 22
funding. 23
20 Funding may be provided before funding agreement 24
entered into 25
(1) The appropriate Minister may decide that funding approved to 26
be provided to an entity be provided before a funding 27
agreement is entered into. 28
(2) The appropriate Minister may only make the decision if the 29
appropriate Minister is satisfied-- 30
(a) there is an urgent need for the funding; and 31
(b) it is not practicable to enter into an agreement before 32
funding is provided. 33
Page 26
One Funding System for Better Services Bill 2011
Part 3 Cooperative approach
[s 21]
(3) Before the relevant chief executive provides the funding to the 1
entity, the entity must give notice of their intention to enter 2
into a funding agreement with the relevant chief executive for 3
the funding within a time stated (the stated time) by the 4
relevant chief executive. 5
(4) The relevant chief executive may, by notice given to the entity, 6
extend the stated time (the extended stated time) if the 7
relevant chief executive believes it is reasonably necessary to 8
extend the time. 9
(5) The relevant chief executive may only extend the stated time 10
under subsection (4) once. 11
(6) Funding must stop if the relevant chief executive and the 12
entity have not entered into a funding agreement within the 13
stated time or the extended stated time. 14
Part 3 Cooperative approach 15
21 Cooperative approach for managing funding and the 16
delivery of funded products and services 17
(1) Before a chief executive or an authorised officer exercises a 18
power under this Act in relation to a funded entity, the chief 19
executive or authorised officer must consider whether it would 20
be more appropriate, instead of exercising the power-- 21
(a) to seek the cooperation of the funded entity; or 22
(b) to use a remedy available under the funding agreement 23
with the funded entity. 24
Examples of cooperation-- 25
· requesting consent to inspect a funded entity's records 26
· jointly developing and monitoring a remedial plan for breaches of 27
the funding agreement 28
· agreeing to reporting or monitoring requirements where there is an 29
identified risk 30
Page 27
One Funding System for Better Services Bill 2011
Part 4 Managing serious concern
[s 22]
(2) Nothing in this Act limits the way in which a chief executive 1
or authorised officer may cooperate with a funded entity in 2
dealing with a matter in relation to which a power under this 3
Act could be exercised. 4
(3) The exercise of a power under this Act can not be challenged 5
merely because the chief executive or authorised officer did 6
not comply with subsection (1). 7
Part 4 Managing serious concern 8
Division 1 Preliminary 9
22 Application of pt 4 10
This part does not limit-- 11
(a) a remedy available to a chief executive under a funding 12
agreement; or 13
(b) a chief executive's powers apart from this part; or 14
(c) the powers that may be exercised in relation to a funded 15
entity under another Act. 16
23 Report by authorised officer 17
Before deciding whether to take action under this part in 18
relation to a funded entity, a chief executive may obtain a 19
written report from an authorised officer appointed by the 20
chief executive about whether a serious concern exists for 21
funding received by the funded entity. 22
Page 28
One Funding System for Better Services Bill 2011
Part 4 Managing serious concern
[s 24]
Division 2 Compliance notice 1
24 Compliance notice 2
(1) This section applies if-- 3
(a) a chief executive has entered into a funding agreement 4
with a funded entity; and 5
(b) the chief executive reasonably believes-- 6
(i) a serious concern exists for funding received by the 7
funded entity; and 8
(ii) the serious concern is reasonably capable of being 9
remedied; and 10
(iii) it is appropriate to give the funded entity an 11
opportunity to remedy the serious concern. 12
(2) This section applies to a funded entity even if funding 13
provided under a funding agreement has been suspended. 14
(3) The chief executive may give the funded entity a notice (a 15
compliance notice) requiring the funded entity to remedy the 16
serious concern. 17
(4) The compliance notice must state the following-- 18
(a) that the chief executive reasonably believes a serious 19
concern exists; 20
(b) the grounds for the chief executive's belief; 21
(c) an outline of the facts and circumstances forming the 22
basis for the grounds; 23
(d) that the funded entity must remedy the serious concern 24
within a stated reasonable time; 25
(e) that it is an offence to fail to comply with the 26
compliance notice unless the funded entity has a 27
reasonable excuse. 28
(5) The compliance notice may also state-- 29
Page 29
One Funding System for Better Services Bill 2011
Part 4 Managing serious concern
[s 25]
(a) the reasonable steps the chief executive is satisfied are 1
necessary to remedy the serious concern; and 2
(b) that the funded entity must report in writing to the chief 3
executive after taking a step or steps. 4
(6) The funded entity must comply with the compliance notice 5
unless the funded entity has a reasonable excuse. 6
Maximum penalty--100 penalty units. 7
(7) If the chief executive reasonably believes the funded entity 8
has contravened subsection (6), the chief executive may 9
decide-- 10
(a) to suspend or stop the funding despite anything in the 11
funding agreement with the funded entity; or 12
(b) to terminate the funding agreement. 13
(8) The chief executive must, as soon as practicable after making 14
a decision under subsection (7), give the funded entity an 15
information notice about the decision. 16
Division 3 Interim manager 17
Subdivision 1 Appointment 18
25 Appointment 19
A chief executive of a department who has provided funding 20
to a funded entity (the relevant chief executive) may appoint a 21
person as interim manager for the funding received by a 22
funded entity. 23
26 Basis for appointment 24
(1) The relevant chief executive may make the appointment only 25
if the relevant chief executive is satisfied-- 26
Page 30
One Funding System for Better Services Bill 2011
Part 4 Managing serious concern
[s 26]
(a) the appointment is reasonably necessary to remedy a 1
serious concern for funding received by a funded entity; 2
and 3
(b) it is essential for a funded product or service of the 4
funded entity to continue to be provided; and 5
(c) an administrator, liquidator or receiver has not been 6
appointed for the funded entity. 7
(2) In being satisfied under subsection (1), the chief executive-- 8
(a) must have regard to the likely consequences for persons 9
using the funded product or service if the funded 10
product or service is-- 11
(i) not provided; or 12
(ii) provided when a serious concern exists; and 13
(b) may have regard to the following-- 14
(i) the type of funded product or service; 15
(ii) the amount of the funding; 16
(iii) whether funding has been suspended or stopped; 17
(iv) whether the funded entity is receiving money or 18
other assistance, including funding, from another 19
source; 20
(v) the likely consequences of the appointment; 21
(vi) whether an administrator, liquidator or receiver is 22
likely to be appointed for the funded entity before 23
the interim manager is appointed; 24
(vii) any other relevant matter. 25
(3) Before making the appointment, the relevant chief executive 26
must consider whether it would be more appropriate to take 27
steps other than the appointment, or not to take any steps. 28
Page 31
One Funding System for Better Services Bill 2011
Part 4 Managing serious concern
[s 27]
27 Suitability of proposed appointee 1
(1) The relevant chief executive may make the appointment only 2
if the relevant chief executive is satisfied the proposed 3
appointee is suitable for the appointment under this section. 4
(2) In deciding whether a person is suitable for the appointment, 5
the relevant chief executive must have regard to the following 6
matters-- 7
(a) the type of funded product or service; 8
(b) the reason for the appointment; 9
(c) the person's expertise or experience relevant to the 10
appointment; 11
(d) any conflict of interest that may arise in the course of the 12
person acting as interim manager; 13
(e) any other relevant matter of which the relevant chief 14
executive is aware. 15
(3) A person who has agreed to a proposed appointment must 16
advise the relevant chief executive, before the appointment is 17
made, whether the person is aware of a conflict of interest that 18
may arise in the course of the person acting as interim 19
manager. 20
Maximum penalty--40 penalty units. 21
(4) Only an adult may be appointed as interim manager. 22
28 Terms of appointment 23
If the relevant chief executive appoints a person as interim 24
manager for the funding received by a funded entity, the 25
appointment must state the following matters-- 26
(a) the person's name; 27
(b) details of the funded entity; 28
(c) the product or service to be provided; 29
(d) the way in which, or the extent to which, the product or 30
service is to be provided; 31
Page 32
One Funding System for Better Services Bill 2011
Part 4 Managing serious concern
[s 29]
(e) details of the person's function as interim manager; 1
(f) any limitations on the person's powers as interim 2
manager; 3
(g) the period of the appointment; 4
(h) any conditions of the appointment; 5
(i) anything else the relevant chief executive considers 6
appropriate. 7
29 Information notice about appointment 8
(1) Immediately after appointing a person as interim manager for 9
the funding received by a funded entity, the relevant chief 10
executive must give the funded entity-- 11
(a) a copy of the appointment; and 12
(b) an information notice about the decision to appoint the 13
interim manager. 14
(2) The information notice must state that the funded entity may 15
apply for a stay of the decision if the entity applies for a 16
review of the decision. 17
30 Informing particular persons about appointment 18
The relevant chief executive may direct the interim manager 19
to inform persons using a funded product or service of the 20
funded entity about the appointment or any variation of the 21
appointment before the interim manager exercises a power 22
under this division, for example, by-- 23
(a) giving a notice of the appointment to persons using the 24
funded product or service; or 25
(b) posting a notice of the appointment at a place at the 26
premises of the funded entity where it is likely to be 27
seen by persons using the funded product or service; or 28
(c) directing the interim manager to inform persons using 29
the funded product or service about the appointment in 30
an appropriate way. 31
Page 33
One Funding System for Better Services Bill 2011
Part 4 Managing serious concern
[s 31]
31 Initial period of appointment 1
The interim manager may be appointed for a period of not 2
more than 3 months. 3
32 Variation of appointment 4
(1) After the interim manager for the funding received by a 5
funded entity starts to carry out the interim manager's 6
function, the relevant chief executive may, by notice-- 7
(a) extend the period of the appointment; or 8
(b) vary the appointment in another way. 9
(2) However, the relevant chief executive must not vary the 10
appointment to apply to other funding received by the funded 11
entity. 12
(3) The chief executive may extend the period of the appointment 13
if the chief executive is satisfied the extension is reasonably 14
necessary in all the circumstances. 15
(4) The period of the appointment may be extended more than 16
once. 17
(5) However-- 18
(a) the period of an extension must not be more than 3 19
months; and 20
(b) the total period of the initial appointment and any 21
extension or extensions must not be more than 6 22
months. 23
(6) The relevant chief executive may vary the appointment in a 24
way other than by extending the period of the appointment if 25
the relevant chief executive is satisfied the variation is 26
appropriate, having regard to-- 27
(a) the matters stated in section 26; and 28
(b) the operation of the funded entity since the appointment 29
started. 30
Page 34
One Funding System for Better Services Bill 2011
Part 4 Managing serious concern
[s 33]
(7) If the appointment is varied under this section the relevant 1
chief executive must give the funded entity a copy of the 2
variation. 3
33 Ending of appointment 4
(1) The relevant chief executive may, by notice, end the interim 5
manager's appointment at any time before the end of the 6
period of appointment if the relevant chief executive is 7
satisfied the appointment is no longer appropriate, having 8
regard to the matters stated in section 26. 9
(2) The relevant chief executive must, by notice, end the interim 10
manager's appointment if the relevant chief executive 11
becomes aware that the funded entity-- 12
(a) is insolvent; or 13
(b) is being wound up voluntarily. 14
(3) Immediately after ending an appointment under subsection 15
(1), the relevant chief executive-- 16
(a) must give notice about the ending of the appointment to 17
the funded entity; and 18
(b) may inform persons using a product or service of the 19
funded entity about the ending of the appointment in the 20
way the relevant chief executive considers appropriate. 21
(4) In this section-- 22
insolvent, in relation to a funded entity, means the funded 23
entity is unable to pay all its debts as and when they become 24
due and payable. 25
Subdivision 2 Functions and powers 26
34 Application of sdiv 2 27
This subdivision applies to a person appointed as interim 28
manager for the funding received by a funded entity. 29
Page 35
One Funding System for Better Services Bill 2011
Part 4 Managing serious concern
[s 35]
35 Functions 1
The interim manager's functions are, to the extent stated in the 2
instrument of appointment-- 3
(a) to remedy a serious concern for the funding received by 4
the funded entity; and 5
(b) to ensure a funded product or service of the funded 6
entity continues to be provided by the funded entity. 7
36 Interim manager's powers 8
So far as is necessary to carry out his or her functions, the 9
interim manager may-- 10
(a) enter any part of the funded entity's premises; and 11
(b) use the facilities or things in the premises that it appears 12
are intended for use, or are ordinarily used, to provide a 13
funded product or service of the funded entity; and 14
(c) ask for and accept payments owing to the funded entity; 15
and 16
(d) do anything in relation to the funded product or service, 17
on behalf of the funded entity, that the funded entity is 18
permitted or required to do; and 19
(e) exercise a power given to the interim manager under 20
another Act. 21
Example for paragraph (e)-- 22
a power given to the interim manager under the Housing Act 23
2003, section 37B 24
37 Direction by chief executive 25
An interim manager is subject to the direction of the chief 26
executive who appointed the interim manager in performing 27
the interim manager's functions and exercising the interim 28
manager's powers. 29
Page 36
One Funding System for Better Services Bill 2011
Part 4 Managing serious concern
[s 38]
38 Other powers 1
The interim manager has the other powers of the funded entity 2
that are necessary or convenient to carry out the interim 3
manager's functions. 4
Example-- 5
It may be necessary for the interim manager to carry out repairs to the 6
funded entity's property or direct staff of the funded entity in providing 7
a funded product or service. 8
39 Limitation on powers under instrument of appointment 9
A power conferred on the interim manager under this 10
subdivision applies subject to any limitation stated in the 11
interim manager's instrument of appointment. 12
40 Production of instrument of appointment for inspection 13
(1) This section applies if-- 14
(a) an interim manager is exercising, or proposes to 15
exercise, a power in relation to a person; and 16
(b) the person asks the interim manager to produce the 17
interim manager's instrument of appointment for the 18
person's inspection. 19
(2) The interim manager must comply with the request. 20
41 Obstructing interim manager 21
(1) A person must not obstruct an interim manager exercising a 22
power unless the person has a reasonable excuse. 23
Maximum penalty--40 penalty units. 24
(2) If a person has obstructed an interim manager and the interim 25
manager decides to proceed with the exercise of the power, 26
the interim manager must warn the person that-- 27
(a) it is an offence to cause an obstruction unless the person 28
has a reasonable excuse; and 29
Page 37
One Funding System for Better Services Bill 2011
Part 4 Managing serious concern
[s 42]
(b) the interim manager considers the person's conduct an 1
obstruction. 2
Subdivision 3 Other matters 3
42 Access to information or documents 4
(1) An interim manager for funding received by a funded entity 5
may ask an executive officer of the funded entity for 6
information or documents that the interim manager 7
reasonably needs to carry out the interim manager's functions. 8
(2) The funded entity may disclose the information or documents 9
despite another provision in this or another Act. 10
(3) The chief executive who appointed the interim manager may 11
disclose information to the interim manager, or give the 12
interim manager access to documents, to the extent the chief 13
executive considers appropriate for the purpose of the interim 14
manager's appointment. 15
(4) In this section-- 16
executive officer, of a funded entity, means any person, by 17
whatever name called, who is concerned or takes part in the 18
management of the funded entity. 19
43 Confidentiality of information or documents of funded 20
entity 21
(1) This section applies to a person-- 22
(a) who is, or has been, appointed as interim manager for 23
funding received by a funded entity; and 24
(b) who, in the course of the appointment or because of an 25
opportunity provided by the appointment, has gained or 26
has access to confidential information about the funded 27
entity. 28
(2) The person must not disclose the information to anyone else 29
or give access to the information to anyone else, other than-- 30
Page 38
One Funding System for Better Services Bill 2011
Part 4 Managing serious concern
[s 44]
(a) for a purpose of this part; or 1
(b) under section 46; or 2
(c) with the consent of the funded entity to whom the 3
information relates; or 4
(d) in a proceeding before a court or tribunal; or 5
(e) as authorised or required under an Act; or 6
(f) if the person reasonably believes a serious concern 7
exists. 8
Maximum penalty--40 penalty units. 9
44 Remuneration 10
An interim manager is entitled to be paid the reasonable 11
amount of remuneration agreed with the chief executive who 12
appointed the interim manager. 13
45 Funded entity liable for remuneration and other costs 14
(1) If an interim manager is appointed for funding received by a 15
funded entity, the chief executive who appointed the interim 16
manager may give the funded entity a written demand for the 17
amount of an administration cost. 18
(2) The chief executive may recover the amount as a debt owed to 19
the State. 20
(3) In this section-- 21
administration cost means the remuneration paid to an 22
interim manager appointed to a funded entity and any other 23
reasonable cost incurred in carrying out the interim manager's 24
function. 25
46 Accounts and reports 26
(1) An interim manager for funding received by a funded entity 27
must give to the chief executive who appointed the interim 28
manager-- 29
Page 39
One Funding System for Better Services Bill 2011
Part 4 Managing serious concern
[s 47]
(a) records of all amounts received or paid in the course of 1
the appointment; and 2
(b) the other reports that the chief executive requires. 3
(2) The records and other reports must be given as soon as 4
possible after the end of the appointment or, if required by the 5
chief executive at a time during the appointment, at that time. 6
(3) The chief executive must give a copy of each record or report 7
to the funded entity. 8
47 Compensation 9
(1) An entity may claim compensation from the State if the entity 10
incurs loss because of the exercise, or purported exercise, of a 11
power by an interim manager. 12
(2) The compensation may be claimed and ordered in a 13
proceeding brought in a court with jurisdiction for the 14
recovery of the amount of compensation claimed. 15
(3) A court may order the payment of compensation only if 16
satisfied it is just to make the order in the circumstances of the 17
particular case. 18
(4) In considering whether it is just to order compensation, the 19
court must have regard to any relevant offence committed by 20
the claimant. 21
(5) A regulation may prescribe other matters that may, or must, be 22
taken into account by the court when considering whether it is 23
just to order compensation. 24
(6) In this section-- 25
loss includes costs and damage. 26
48 Corporations legislation displacement provision 27
This division is declared to be a Corporations legislation 28
displacement provision for the purposes of the Corporations 29
Act, section 5G, in relation to the following-- 30
(a) section 127 of that Act; 31
Page 40
One Funding System for Better Services Bill 2011
Part 4 Managing serious concern
[s 49]
(b) the provisions of chapter 2D, part 2D.1, division 1 of 1
that Act; 2
(c) the provisions of chapter 5 of that Act. 3
Notes-- 4
1 Section 127 of the Corporations Act provides for the execution of 5
documents, including deeds, by the company itself. 6
2 Chapter 2D, part 2D.1, division 1 of that Act provides for the 7
general duties of officers and employees of corporations. 8
3 Chapter 5 of that Act provides for the external administration of 9
corporations. 10
4 Section 5G of that Act provides that if a State law declares a 11
provision of a State law to be a Corporations legislation 12
displacement provision, any provision of the Corporations 13
legislation with which the State provision would otherwise be 14
inconsistent does not apply to the extent necessary to avoid the 15
inconsistency. 16
Division 4 Recovery of funding 17
49 Recovery of funding 18
(1) This section applies if-- 19
(a) funds already received by a funded entity have not been 20
spent and-- 21
(i) funding received by the funded entity has been 22
suspended or stopped or has otherwise ceased (the 23
unspent funds); or 24
(ii) the funded entity's funding agreement for the funds 25
has ended (also the unspent funds); or 26
(b) a funded entity has used funds received by the funded 27
entity for a purpose other than the purpose for which the 28
funds were received (the improperly used funds). 29
(2) The unspent funds or improperly used funds are a debt owing 30
by the funded entity to the State. 31
Page 41
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 50]
(3) The chief executive of the department who provided the 1
unspent funds or improperly used funds may recover the 2
unspent funds or improperly used funds as a debt. 3
Part 5 Investigation and enforcement 4
Division 1 Preliminary 5
50 Purpose of pt 5 6
The purpose of this part is to provide mechanisms for 7
monitoring and enforcing compliance with this Act and to 8
ensure the proper and efficient delivery of funded products 9
and services. 10
51 Application of pt 5 11
This part does not limit-- 12
(a) a remedy available to a chief executive under a funding 13
agreement; or 14
(b) a chief executive's powers apart from this part; or 15
(c) the powers that may be exercised in relation to a funded 16
entity under another Act. 17
Page 42
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 52]
Division 2 General matters about authorised 1
officers 2
Subdivision 1 Appointment 3
52 Appointment and qualifications 4
(1) A chief executive of a department who has provided funding 5
received by a funded entity (an appointing chief executive), 6
may, by instrument in writing, appoint any of the following 7
persons as authorised officers-- 8
(a) a public service employee or another employee of the 9
department; 10
(b) for the purpose of investigating a particular 11
matter--another person. 12
(2) However, an appointing chief executive may appoint a person 13
as an authorised officer only if-- 14
(a) the appointing chief executive is satisfied the person is 15
qualified for appointment because the person has the 16
necessary expertise or experience; or 17
(b) the person has the competencies, if any, prescribed 18
under a regulation as relevant to the person's 19
appointment. 20
(3) A person may be appointed as an authorised officer for this 21
Act and another Act administered by the appointing chief 22
executive's department. 23
53 Appointment conditions and limit on powers 24
(1) An authorised officer holds office on any conditions stated 25
in-- 26
(a) the authorised officer's instrument of appointment; or 27
(b) a signed notice given to the authorised officer; or 28
(c) a regulation. 29
Page 43
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 54]
(2) The instrument of appointment, a signed notice given to the 1
authorised officer or a regulation may limit the authorised 2
officer's powers. 3
(3) In this section-- 4
signed notice means a notice signed by the appointing chief 5
executive for the authorised officer. 6
54 Authorised officer subject to direction 7
In exercising a power given under this Act an authorised 8
officer is subject to the directions of the appointing chief 9
executive for the authorised officer. 10
55 Limit on exercise of power or performance of function 11
(1) An authorised officer may only exercise a power or perform a 12
function in relation to a funded entity if-- 13
(a) the department administered by the appointing chief 14
executive for the authorised officer has provided funding 15
received by the funded entity; and 16
(b) the power is exercised or function is performed by the 17
authorised officer in relation to the funding. 18
(2) However, if an appointing chief executive is acting on behalf 19
of another chief executive in relation to funding provided by 20
the chief executives and received by a funded entity under 21
section 106, the authorised officer of the appointing chief 22
executive may exercise a power or perform a function in 23
relation to the funding if directed by the appointing chief 24
executive. 25
56 When office ends 26
(1) The office of a person as authorised officer ends if any of the 27
following happens-- 28
(a) the term of office stated in a condition of office ends; 29
(b) under another condition of office, the office ends; 30
Page 44
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 57]
(c) the authorised officer's resignation under section 57 1
takes effect. 2
(2) Subsection (1) does not limit the ways the office of a person as 3
an authorised officer ends. 4
(3) In this section-- 5
condition of office means a condition under which the 6
authorised officer holds office. 7
57 Resignation 8
(1) An authorised officer may resign by signed notice given to the 9
appointing chief executive for the authorised officer. 10
(2) However, if holding office as an authorised officer is a 11
condition of the authorised officer holding another office, the 12
authorised officer may not resign as an authorised officer 13
without resigning from the other office. 14
Subdivision 2 Identity cards 15
58 Issue of identity card 16
(1) An appointing chief executive must issue an identity card to 17
each person the appointing chief executive appoints as an 18
authorised officer. 19
(2) The identity card must-- 20
(a) contain a recent photo of the authorised officer; and 21
(b) contain a copy of the authorised officer's signature; and 22
(c) identify the person as an authorised officer under this 23
Act; and 24
(d) state an expiry date for the card. 25
(3) This section does not prevent the issue of a single identity 26
card to a person for this Act and other purposes. 27
Page 45
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 59]
59 Production or display of identity card 1
(1) In exercising a power in relation to a person in the person's 2
presence, an authorised officer must-- 3
(a) produce the authorised officer's identity card for the 4
person's inspection before exercising the power; or 5
(b) have the identity card displayed so it is clearly visible to 6
the person when exercising the power. 7
(2) However, if it is not practicable to comply with subsection (1), 8
the authorised officer must produce the identity card for the 9
person's inspection at the first reasonable opportunity. 10
(3) For subsection (1), an authorised officer does not exercise a 11
power in relation to a person only because the authorised 12
officer has entered a place as mentioned in section 63(1)(b). 13
60 Return of identity card 14
If the office of a person as an authorised officer ends, the 15
person must return the person's identity card to the appointing 16
chief executive for the authorised officer within 21 days after 17
the office ends unless the person has a reasonable excuse. 18
Maximum penalty--10 penalty units. 19
Subdivision 3 Miscellaneous provisions 20
61 References to exercise of powers 21
If-- 22
(a) a provision of this Act refers to the exercise of a power 23
by an authorised officer; and 24
(b) there is no reference to a specific power; 25
the reference is to the exercise of all or any authorised 26
officer's powers under this Act or a warrant, to the extent the 27
powers are relevant. 28
Page 46
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 62]
62 Reference to document includes reference to 1
reproductions from electronic document 2
A reference in this part to a document includes a reference to 3
an image or writing-- 4
(a) produced from an electronic document; or 5
(b) not yet produced, but reasonably capable of being 6
produced, from an electronic document, with or without 7
the aid of another article or device. 8
Division 3 Entry of places by authorised 9
officers 10
Subdivision 1 Power to enter 11
63 General power to enter places 12
(1) An authorised officer may enter a place if-- 13
(a) an occupier at the place consents under subdivision 2 to 14
the entry and section 66 has been complied with for the 15
occupier; or 16
(b) it is a public place and the entry is made when the place 17
is open to the public; or 18
(c) the entry is authorised under a warrant and, if there is an 19
occupier of the place, section 73 has been complied with 20
for the occupier. 21
(2) If the power to enter arose only because an occupier of the 22
place consented to the entry, the power is subject to any 23
conditions of the consent and ceases if the consent is 24
withdrawn. 25
(3) If the power to enter is under a warrant, the power is subject to 26
the terms of the warrant. 27
(4) The consent may provide consent for re-entry and is subject to 28
the conditions of consent. 29
Page 47
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 64]
(5) If the power to re-enter is under a warrant, the re-entry is 1
subject to the terms of the warrant. 2
(6) In this section-- 3
public place means-- 4
(a) a place, or part of the place-- 5
(i) the public is entitled to use, is open to members of 6
the public or is used by the public, whether or not 7
on payment of money; or 8
Examples of a place that may be a public place under 9
subparagraph (i)-- 10
a beach, a park, a road 11
(ii) the occupier of which allows, whether or not on 12
payment of money, members of the public to enter; 13
or 14
Examples of a place that may be a public place under 15
subparagraph (ii)-- 16
a saleyard, a showground 17
(b) a place that is a public place under another Act. 18
Subdivision 2 Entry by consent 19
64 Application of sdiv 2 20
This subdivision applies if an authorised officer intends to ask 21
an occupier of a place to consent to the authorised officer or 22
another authorised officer entering the place under section 23
63(1)(a). 24
65 Incidental entry to ask for access 25
For the purpose of asking the occupier for the consent, an 26
authorised officer may, without the occupier's consent or a 27
warrant-- 28
Page 48
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 66]
(a) enter land around premises at the place to an extent that 1
is reasonable to contact the occupier; or 2
(b) enter part of the place the authorised officer reasonably 3
considers members of the public ordinarily are allowed 4
to enter when they wish to contact an occupier of the 5
place. 6
66 Matters authorised officer must tell occupier 7
Before asking for the consent, the authorised officer must give 8
a reasonable explanation to the occupier-- 9
(a) about the purpose of the entry, including-- 10
(i) the powers intended to be exercised; and 11
(ii) if the occupier of the place is a funded 12
entity--particulars of any serious concern that the 13
authorised officer reasonably believes exists for 14
funding received by the funded entity; and 15
(b) that the occupier is not required to consent; and 16
(c) that the consent may be given subject to conditions and 17
may be withdrawn at any time. 18
67 Consent acknowledgement 19
(1) If the consent is given, the authorised officer may ask the 20
occupier to sign an acknowledgement of the consent. 21
(2) The acknowledgement must state-- 22
(a) the purpose of the entry, including the powers to be 23
exercised; and 24
(b) the following has been explained to the occupier-- 25
(i) the purpose of the entry, including the powers 26
intended to be exercised; 27
(ii) that the occupier is not required to consent; 28
(iii) that the consent may be given subject to conditions 29
and may be withdrawn at any time; and 30
Page 49
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 68]
(c) the occupier gives the authorised officer or another 1
authorised officer consent to enter the place and exercise 2
the powers; and 3
(d) the time and day the consent was given; and 4
(e) any conditions of the consent. 5
(3) If the occupier signs the acknowledgement, the authorised 6
officer must immediately give a copy to the occupier. 7
(4) If-- 8
(a) an issue arises in a proceeding about whether the 9
occupier consented to the entry; and 10
(b) an acknowledgement complying with subsection (2) for 11
the entry is not produced in evidence; 12
the onus of proof is on the person relying on the lawfulness of 13
the entry to prove the occupier consented. 14
Subdivision 3 Entry under warrant 15
68 Application for warrant 16
(1) An authorised officer may apply to a magistrate for a warrant 17
for a place. 18
(2) The authorised officer must prepare a written application that 19
states the grounds on which the warrant is sought. 20
(3) The written application must be sworn. 21
(4) The magistrate may refuse to consider the application until the 22
authorised officer gives the magistrate all the information the 23
magistrate requires about the application in the way the 24
magistrate requires. 25
Example-- 26
The magistrate may require additional information supporting the 27
written application to be given by statutory declaration. 28
Page 50
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 69]
69 Issue of warrant 1
(1) The magistrate may issue the warrant for the place only if the 2
magistrate is satisfied there are reasonable grounds for 3
suspecting-- 4
(a) that there is at the place, or will be at the place within 5
the next 7 days, a particular thing or activity that may 6
provide evidence of an offence against this Act; or 7
(b) that-- 8
(i) a serious concern mentioned in paragraph (a) of the 9
definition serious concern in section 14 exists for 10
funding received by a funded entity; and 11
(ii) there is at the place, or will be at the place within 12
the next 7 days, a particular thing or activity that 13
may provide evidence of the matter mentioned in 14
subparagraph (i); or 15
(c) that-- 16
(i) a serious concern mentioned in paragraph (c) of the 17
definition serious concern in section 14 exists as a 18
result of abuse, neglect or exploitation by a funded 19
entity; and 20
(ii) there is at the place, or will be at the place within 21
the next 7 days, a particular thing or activity that 22
may provide evidence of the matter mentioned in 23
subparagraph (i); or 24
(d) that-- 25
(i) it is necessary to enter the place to check whether a 26
funded entity has taken steps required under a 27
compliance notice; and 28
(ii) failure by the funded entity to take steps under the 29
compliance notice is likely to severely affect the 30
delivery of a funded product or service by the 31
funded entity. 32
Page 51
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 70]
(2) Before issuing the warrant the magistrate must be satisfied 1
that entry to the place is reasonably necessary to obtain the 2
evidence. 3
(3) The warrant must state-- 4
(a) the place to which the warrant applies; and 5
(b) that a stated authorised officer or any authorised officer 6
may with necessary and reasonable help and force-- 7
(i) enter the place and any other place necessary for 8
entry to the place; and 9
(ii) exercise the authorised officer's powers; and 10
(c) particulars of the offence or serious concern for which 11
the warrant is issued that the magistrate considers 12
appropriate; and 13
(d) the name of the entity suspected of having committed 14
the offence or caused the serious concern for which the 15
warrant is issued unless the name is unknown or the 16
magistrate considers it inappropriate to state the name; 17
and 18
(e) the hours of the day or night when the place may be 19
entered; and 20
(f) the magistrate's name; and 21
(g) the day and time of the warrant's issue; and 22
(h) the day, within 7 days after the warrant's issue, the 23
warrant ends. 24
70 Electronic application 25
(1) An application under section 68 may be made by phone, fax, 26
email, radio, videoconferencing or another form of electronic 27
communication if the authorised officer reasonably considers 28
it necessary because of-- 29
(a) urgent circumstances; or 30
(b) other special circumstances, including, for example, the 31
authorised officer's remote location. 32
Page 52
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 71]
(2) The application-- 1
(a) may not be made before the authorised officer prepares 2
the written application under section 68(2); but 3
(b) may be made before the written application is sworn. 4
71 Additional procedure if electronic application 5
(1) For an application made under section 70, the magistrate may 6
issue the warrant (the original warrant) only if the magistrate 7
is satisfied-- 8
(a) it was necessary to make the application under section 9
70; and 10
(b) the way the application was made under section 70 was 11
appropriate. 12
(2) After the magistrate issues the original warrant-- 13
(a) if there is a reasonably practicable way of immediately 14
giving a copy of the warrant to the authorised officer, 15
including, for example, by sending a copy by fax or 16
email--the magistrate must immediately give a copy of 17
the warrant to the authorised officer; or 18
(b) otherwise-- 19
(i) the magistrate must tell the authorised officer the 20
information mentioned in section 69(3); and 21
(ii) the authorised officer must complete a form of 22
warrant, including by writing on it the information 23
mentioned in section 69(3) provided by the 24
magistrate. 25
(3) The copy of the warrant mentioned in subsection (2)(a), or the 26
form of warrant completed under subsection (2)(b) (in either 27
case the duplicate warrant), is a duplicate of, and as effectual 28
as, the original warrant. 29
(4) The authorised officer must, at the first reasonable 30
opportunity, send to the magistrate-- 31
Page 53
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 72]
(a) the written application complying with section 68(2) 1
and (3); and 2
(b) if the authorised officer completed a form of warrant 3
under subsection (2)(b)--the completed form of 4
warrant. 5
(5) The magistrate must keep the original warrant and, on 6
receiving the documents under subsection (4)-- 7
(a) attach the documents to the original warrant; and 8
(b) give the original warrant and documents to the clerk of 9
the court of the relevant Magistrates Court. 10
(6) Despite subsection (3), if-- 11
(a) an issue arises in a proceeding about whether an 12
exercise of a power was authorised by a warrant issued 13
under this section; and 14
(b) the original warrant is not produced in evidence; 15
the onus of proof is on the person relying on the lawfulness of 16
the exercise of the power to prove a warrant authorised the 17
exercise of the power. 18
(7) This section does not limit section 68. 19
(8) In this section-- 20
relevant Magistrates Court, in relation to a magistrate, means 21
the Magistrates Court that the magistrate constitutes under the 22
Magistrates Act 1991. 23
72 Defect in relation to a warrant 24
(1) A warrant is not invalidated by a defect in-- 25
(a) the warrant; or 26
(b) compliance with this subdivision; 27
unless the defect affects the substance of the warrant in a 28
material particular. 29
(2) In this section-- 30
Page 54
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 73]
warrant includes a duplicate warrant mentioned in section 1
71(3). 2
73 Entry procedure 3
(1) This section applies if an authorised officer is intending to 4
enter a place under a warrant issued under this subdivision. 5
(2) Before entering the place, the authorised officer must do or 6
make a reasonable attempt to do the following things-- 7
(a) identify himself or herself to a person who is an 8
occupier of the place and is present by producing the 9
authorised officer's identity card or another document 10
evidencing the authorised officer's appointment; 11
(b) give the person a copy of the warrant; 12
(c) tell the person the authorised officer is permitted by the 13
warrant to enter the place; 14
(d) give the person an opportunity to allow the authorised 15
officer immediate entry to the place without using force. 16
(3) However, the authorised officer need not comply with 17
subsection (2) if the authorised officer believes on reasonable 18
grounds that entry to the place is required to ensure the 19
execution of the warrant is not frustrated. 20
(4) In this section-- 21
warrant includes a duplicate warrant mentioned in section 22
71(3). 23
Division 4 General powers of authorised 24
officers after entering places 25
74 Application of div 4 26
(1) The powers under this division may be exercised if an 27
authorised officer enters a place under section 63(1)(a) or (c). 28
Page 55
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 75]
(2) However, if the authorised officer enters under section 1
63(1)(a) or (c), the powers under this division are subject to 2
any conditions of the consent or terms of the warrant. 3
75 General powers 4
(1) The authorised officer may do any of the following (each a 5
general power)-- 6
(a) search any part of the place; 7
(b) inspect, examine or film any part of the place or 8
anything at the place; 9
(c) place an identifying mark in or on anything at the place; 10
(d) take a thing, or a sample of or from a thing, at the place 11
for analysis or testing; 12
(e) take an extract from, or copy, a document at the place, or 13
take the document to another place to copy; 14
(f) produce an image or writing at the place from an 15
electronic document or, to the extent it is not 16
practicable, take a thing containing an electronic 17
document to another place to produce an image or 18
writing; 19
(g) take to, into or onto the place and use any person, 20
equipment and materials the authorised officer 21
reasonably requires for exercising the authorised 22
officer's powers under this division; 23
(h) remain at the place for the time necessary to achieve the 24
purpose of the entry; 25
(i) confer alone with a person at the place who is using a 26
funded product or service provided at the place. 27
(2) The authorised officer may take a necessary step to allow the 28
exercise of a general power. 29
(3) If the authorised officer takes a document from the place to 30
copy it, the authorised officer must copy and return the 31
document to the place as soon as practicable. 32
Page 56
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 76]
(4) If the authorised officer takes from the place an article or 1
device reasonably capable of producing a document from an 2
electronic document to produce the document, the authorised 3
officer must produce the document and return the article or 4
device to the place as soon as practicable. 5
(5) In this section-- 6
examine includes analyse, test, account, measure, weigh, 7
grade, gauge and identify. 8
film includes photograph, videotape and record an image in 9
another way. 10
inspect, a thing, includes open the thing and examine its 11
contents. 12
76 Power to require reasonable help 13
(1) The authorised officer may make a requirement (a help 14
requirement) of an occupier of the place or a person at the 15
place to give the authorised officer reasonable help to exercise 16
a general power, including, for example, to produce a 17
document or to give information. 18
(2) When making the help requirement, the authorised officer 19
must give the person an offence warning for the requirement. 20
77 Offence to contravene help requirement 21
(1) A person of whom a help requirement has been made must 22
comply with the requirement unless the person has a 23
reasonable excuse. 24
Maximum penalty--50 penalty units. 25
(2) It is a reasonable excuse for an individual not to comply with 26
a help requirement if complying might tend to incriminate the 27
individual or expose the individual to a penalty. 28
Page 57
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 78]
Division 5 Other information-obtaining powers 1
of chief executives and authorised 2
officers 3
78 Power to require name and address 4
(1) This section applies if an authorised officer-- 5
(a) finds a person-- 6
(i) committing an offence against this Act; or 7
(ii) doing an act or making an omission that causes a 8
serious concern to exist; or 9
(b) finds a person in circumstances that lead the authorised 10
officer to reasonably suspect-- 11
(i) the person has just committed an offence against 12
this Act; or 13
(ii) a serious concern exists because of an act done or 14
omission made by the person; or 15
(c) has information that leads the authorised officer to 16
reasonably suspect-- 17
(i) a person has just committed an offence against this 18
Act; or 19
(ii) a serious concern exists because of an act done or 20
omission made by the person. 21
(2) The authorised officer may require the person to state the 22
person's name and residential address. 23
(3) The authorised officer may also require the person to give 24
evidence of the correctness of the stated name or address if, in 25
the circumstances, it would be reasonable to expect the person 26
to-- 27
(a) be in possession of evidence of the correctness of the 28
stated name or address; or 29
(b) otherwise be able to give the evidence. 30
Page 58
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 79]
(4) When making a personal details requirement, the authorised 1
officer must give the person an offence warning for the 2
requirement. 3
(5) A requirement under this section is a personal details 4
requirement. 5
79 Offence to contravene personal details requirement 6
(1) A person of whom a personal details requirement has been 7
made must comply with the requirement unless the person has 8
a reasonable excuse. 9
Maximum penalty--50 penalty units. 10
(2) A person may not be convicted of an offence under subsection 11
(1) unless-- 12
(a) the person is found guilty of the offence in relation to 13
which the personal details requirement was made; or 14
(b) it is proven the serious concern exists, in relation to 15
which the personal details requirement was made, 16
because of an act done or omission made by the person. 17
80 Power to require information 18
(1) This section applies if a chief executive or an authorised 19
officer reasonably believes-- 20
(a) an offence against this Act has been committed or a 21
serious concern exists; and 22
(b) an entity may be able to give information about the 23
offence or serious concern. 24
(2) The chief executive or authorised officer may, by notice given 25
to the entity, require the entity to give the chief executive or 26
authorised officer information related to the offence or serious 27
concern at a stated reasonable time and place. 28
(3) A requirement under subsection (2) is an information 29
requirement. 30
Page 59
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 81]
(4) For information that is an electronic document, compliance 1
with the information requirement requires the giving of a clear 2
image or written version of the electronic document. 3
(5) The chief executive or authorised officer may keep 4
information that is a document to copy it. 5
(6) If the chief executive or authorised officer copies the 6
document, or an entry in the document, the chief executive or 7
authorised officer may require the entity who has possession 8
or control of the document to certify the copy as a true copy of 9
the document or entry. 10
(7) A requirement under subsection (6) is a certification 11
requirement. 12
(8) The chief executive or authorised officer must return the 13
document to the entity as soon as practicable after copying it. 14
(9) When making an information requirement or certification 15
requirement, the authorised officer must give the person an 16
offence warning for the requirement. 17
(10) In this section-- 18
information includes a document. 19
81 Offence to contravene information requirement or 20
certification requirement 21
(1) A person of whom an information requirement or certification 22
requirement is made must comply with the requirement unless 23
the person has a reasonable excuse. 24
Maximum penalty--50 penalty units. 25
(2) It is a reasonable excuse for an individual not to give the 26
information if giving the information might tend to 27
incriminate the individual or expose the individual to a 28
penalty. 29
(3) If a court convicts a person of an offence against subsection 30
(1), the court may also order the person to give to a stated 31
chief executive or authorised officer, within a stated time and 32
Page 60
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 82]
in a stated way, the information to which the information 1
requirement related. 2
Division 6 Miscellaneous provisions relating 3
to chief executives and authorised 4
officers 5
Subdivision 1 Damage 6
82 Duty to avoid inconvenience and minimise damage 7
In exercising a power, an authorised officer must take all 8
reasonable steps to cause as little inconvenience, and do as 9
little damage, as possible. 10
Note-- 11
See also section 84. 12
83 Notice of damage 13
(1) This section applies if-- 14
(a) an authorised officer damages something when 15
exercising, or purporting to exercise, a power; or 16
(b) a person (the assistant) acting under the direction or 17
authority of an authorised officer damages something. 18
(2) However, this section does not apply to damage the 19
authorised officer reasonably considers is trivial or if the 20
authorised officer reasonably believes-- 21
(a) there is no-one apparently in possession of the thing; or 22
(b) the thing has been abandoned. 23
(3) The authorised officer must give notice of the damage to the 24
entity who appears to the authorised officer to be an owner, or 25
entity in control, of the thing. 26
Page 61
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 84]
(4) However, if for any reason it is not practicable to comply with 1
subsection (3), the authorised officer must-- 2
(a) leave the notice at the place where the damage 3
happened; and 4
(b) ensure it is left in a conspicuous position and in a 5
reasonably secure way. 6
(5) The authorised officer may delay complying with subsection 7
(3) or (4) if the authorised officer reasonably suspects 8
complying with the subsection may frustrate or otherwise 9
hinder an investigation by the authorised officer. 10
(6) The delay may be only for so long as the authorised officer 11
continues to have the reasonable suspicion and remains in the 12
vicinity of the place. 13
(7) If the authorised officer believes the damage was caused by a 14
latent defect in the thing or other circumstances beyond the 15
control of the authorised officer or the assistant, the 16
authorised officer may state the belief in the notice. 17
(8) The notice must state-- 18
(a) particulars of the damage; and 19
(b) that the entity who suffered the damage may claim 20
compensation under section 84. 21
Subdivision 2 Compensation 22
84 Compensation 23
(1) An entity may claim compensation from the State if the entity 24
incurs loss because of the exercise, or purported exercise, of a 25
power by or for an authorised officer. 26
(2) The compensation may be claimed and ordered in a 27
proceeding-- 28
(a) brought in a court with jurisdiction for the recovery of 29
the amount of compensation claimed; or 30
Page 62
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 85]
(b) for an alleged offence against this part the investigation 1
of which gave rise to the claim for compensation. 2
(3) A court may order the payment of compensation only if it is 3
satisfied it is just to make the order in the circumstances of the 4
particular case. 5
(4) In considering whether it is just to order compensation, the 6
court must have regard to any relevant offence committed by 7
the claimant. 8
(5) A regulation may prescribe other matters that may, or must, 9
be taken into account by the court when considering whether 10
it is just to order compensation. 11
(6) Section 82 does not provide for a statutory right of 12
compensation other than is provided by this section. 13
(7) In this section-- 14
loss includes costs and damage. 15
Subdivision 3 Other offences relating to chief 16
executives and authorised officers 17
85 Giving chief executive or authorised officer false or 18
misleading information 19
(1) A person must not, in relation to the administration of this 20
Act, give a chief executive or an authorised officer 21
information, or a document containing information, that the 22
person knows is false or misleading in a material particular. 23
Maximum penalty--50 penalty units. 24
(2) Subsection (1) applies to information or a document given in 25
relation to the administration of this Act whether or not the 26
information or document was given in response to a specific 27
power under this part. 28
(3) It is enough for a complaint for an offence against subsection 29
(1) to state the information or a document containing 30
Page 63
One Funding System for Better Services Bill 2011
Part 5 Investigation and enforcement
[s 86]
information made was `false or misleading' to the person's 1
knowledge, without specifying which. 2
86 Obstructing authorised officer 3
(1) A person must not obstruct an authorised officer, or someone 4
helping an authorised officer, exercising a power unless the 5
person has a reasonable excuse. 6
Maximum penalty--50 penalty units. 7
(2) If a person has obstructed an authorised officer, or someone 8
helping an authorised officer, and the authorised officer 9
decides to proceed with the exercise of the power, the 10
authorised officer must warn the person that-- 11
(a) it is an offence to cause an obstruction unless the person 12
has a reasonable excuse; and 13
(b) the authorised officer considers the person's conduct an 14
obstruction. 15
87 Impersonating authorised officer 16
A person must not impersonate an authorised officer. 17
Maximum penalty--50 penalty units. 18
Subdivision 4 Other provisions 19
88 Evidential immunity for individuals complying with 20
particular requirements 21
(1) Subsection (2) applies if an individual gives or produces 22
information or a document to a chief executive or authorised 23
officer under section 76 or 80. 24
(2) Evidence of the information or document, and other evidence 25
directly or indirectly derived from the information or 26
document, is not admissible against the individual in any 27
proceeding to the extent it tends to incriminate the individual, 28
or expose the individual to a penalty, in the proceeding. 29
Page 64
One Funding System for Better Services Bill 2011
Part 6 Reviews
[s 89]
(3) Subsection (2) does not apply to a proceeding about the false 1
or misleading nature of the information or anything in the 2
document or in which the false or misleading nature of the 3
information or document is relevant evidence. 4
Part 6 Reviews 5
Division 1 Reviewable decisions 6
89 Reviewable decisions 7
(1) A reviewable decision is a decision of a chief executive to-- 8
(a) suspend or stop funding under section 24(7)(a); or 9
(b) terminate a funding agreement under section 24(7)(b); 10
or 11
(c) appoint a person as interim manager under section 25. 12
(2) For each decision mentioned in subsection (1), the entity who 13
may seek to have the decision reviewed under this part is the 14
entity (the interested entity) to whom the chief executive was 15
required to give an information notice about the decision. 16
Division 2 Review by chief executive 17
90 Application for review 18
(1) This section applies to an interested entity for a reviewable 19
decision. 20
(2) Within 28 days after the interested entity is given an 21
information notice by a chief executive (a reviewing chief 22
executive) about the reviewable decision, the interested entity 23
may apply to the reviewing chief executive to review the 24
decision. 25
Page 65
One Funding System for Better Services Bill 2011
Part 6 Reviews
[s 91]
(3) Also, if the interested entity was not given an information 1
notice in relation to the reviewable decision, the interested 2
entity may apply to the chief executive who was required to 3
give the information notice (also a reviewing chief executive) 4
to review the decision. 5
(4) An application under subsection (2) or (3) must be in the 6
approved form and supported by enough information to 7
enable the reviewing chief executive to decide the application. 8
(5) The reviewing chief executive may extend the time mentioned 9
in subsection (2). 10
91 Stay of operation of original decision 11
(1) An application under section 90 for review of a decision does 12
not stay the decision. 13
(2) However, before the decision takes effect, the reviewing chief 14
executive may give the interested entity a notice staying the 15
operation of the decision for a stated period. 16
(3) The stay may be granted on conditions the reviewing chief 17
executive considers appropriate. 18
(4) Also, whether or not the interested entity has asked the 19
reviewing chief executive to stay the operation of the decision, 20
the interested entity may apply to QCAT for a stay of the 21
decision. 22
(5) QCAT or the reviewing chief executive may stay the decision 23
to secure the effectiveness of the review and any later review 24
by QCAT. 25
(6) The stay may be granted on conditions QCAT or the 26
reviewing chief executive considers appropriate and has effect 27
for the period stated by QCAT or the reviewing chief 28
executive. 29
(7) The period of the stay must not extend past the time when the 30
reviewing chief executive makes the reviewed decision and 31
any later period QCAT or the reviewing chief executive allows 32
to enable the interested entity to apply to QCAT for a review 33
of the reviewed decision. 34
Page 66
One Funding System for Better Services Bill 2011
Part 6 Reviews
[s 92]
92 Reviewed decision 1
(1) This section applies to an application under section 90 for 2
review of a decision (an original decision). 3
(2) Unless the reviewing chief executive made the original 4
decision personally, the reviewing chief executive must ensure 5
the application is not dealt with by-- 6
(a) the person who made the original decision; or 7
(b) a person in a less senior office than the person who 8
made the original decision. 9
(3) Within 28 days after receiving the application, the reviewing 10
chief executive must review the original decision and make a 11
decision (the reviewed decision)-- 12
(a) confirming the original decision; or 13
(b) amending the original decision; or 14
(c) substituting another decision for the original decision. 15
(4) Immediately after deciding the application, the reviewing 16
chief executive must give the interested entity a QCAT 17
information notice for the decision. 18
(5) If the reviewing chief executive does not decide the 19
application within 28 days after receiving it, the reviewing 20
chief executive is taken to have made a reviewed decision 21
confirming the original decision. 22
Division 3 Review by QCAT 23
93 Review of reviewed decision 24
(1) Subsection (2) applies to an interested entity for a reviewed 25
decision, whether or not the entity has received a QCAT 26
information notice for the reviewed decision. 27
(2) The interested entity for the reviewed decision may apply, as 28
provided under the QCAT Act, to QCAT for a review of the 29
reviewed decision. 30
Page 67
One Funding System for Better Services Bill 2011
Part 7 Legal proceedings
[s 94]
Part 7 Legal proceedings 1
94 Evidentiary provisions 2
(1) This section applies to a proceeding under this Act. 3
(2) The appointment or power of a chief executive, an authorised 4
officer or an interim manager must be presumed unless a 5
party, by reasonable notice, requires proof of-- 6
(a) the appointment; or 7
(b) the power to do anything under this Act. 8
(3) A signature purporting to be the signature of a chief executive 9
or an authorised officer is evidence of the signature it purports 10
to be. 11
(4) A certificate purporting to be signed by a person mentioned in 12
subsection (3) and stating any of the following matters is 13
evidence of the matter-- 14
(a) a stated document of any of the following types is a 15
document given, issued, kept or made under this Act-- 16
(i) an appointment, approval or decision; 17
(ii) a direction or requirement; 18
(iii) a notice or other document given under this Act; 19
(b) a stated document is a copy of, or an extract from or part 20
of, a document mentioned in paragraph (a); 21
(c) on a stated day, or during a stated period, an 22
appointment as an authorised officer was, or was not, in 23
force for a stated person; 24
(d) on a stated day, or during a stated period, an 25
appointment as an interim manager was, or was not, in 26
force for a stated person; 27
(e) on a stated day, a stated person was given a stated notice 28
under this Act; 29
(f) on a stated day, a stated requirement was made of a 30
stated person. 31
Page 68
One Funding System for Better Services Bill 2011
Part 7 Legal proceedings
[s 95]
95 Offences under Act are summary 1
(1) An offence against this Act is a summary offence. 2
(2) A proceeding for an offence against this Act must start within 3
the later of the following periods to end-- 4
(a) 1 year after the commission of the offence; 5
(b) 6 months after the offence comes to the complainant's 6
knowledge but within 2 years after the commission of 7
the offence. 8
96 Forfeiture on conviction 9
(1) On conviction of a person for an offence against this Act, a 10
court may order the forfeiture to the State of-- 11
(a) anything used to commit the offence; or 12
(b) anything else the subject of the offence. 13
(2) The court may make any order to enforce the forfeiture it 14
considers appropriate. 15
(3) This section does not limit the court's powers under the 16
Penalties and Sentences Act 1992 or another law. 17
97 Dealing with forfeited thing 18
(1) On the forfeiture of a thing to the State, the thing becomes the 19
State's property and may be dealt with by the State as the 20
State considers appropriate. 21
(2) Without limiting subsection (1), the State may destroy the 22
thing. 23
98 Responsibility for acts or omissions of representative 24
(1) This section applies in a proceeding for an offence against this 25
Act. 26
(2) If it is relevant to prove a person's state of mind about a 27
particular act or omission, it is enough to show-- 28
Page 69
One Funding System for Better Services Bill 2011
Part 7 Legal proceedings
[s 99]
(a) the act was done or omitted to be done by a 1
representative of the person within the scope of the 2
representative's actual or apparent authority; and 3
(b) the representative had the state of mind. 4
(3) An act done or omitted to be done for a person by a 5
representative of the person within the scope of the 6
representative's actual or apparent authority is taken to have 7
been done or omitted to be done also by the person, unless the 8
person proves the person could not, by the exercise of 9
reasonable diligence, have prevented the act or omission. 10
(4) In this section-- 11
representative means-- 12
(a) for a corporation--an executive officer, employee or 13
agent of the corporation; or 14
(b) for an individual--an employee or agent of the 15
individual. 16
state of mind of a person includes-- 17
(a) the person's knowledge, intention, opinion, belief or 18
purpose; and 19
(b) the person's reasons for the intention, opinion, belief or 20
purpose. 21
99 Statement of complainant's knowledge 22
In a complaint starting a proceeding for an offence against this 23
Act, a statement that the matter of the complaint came to the 24
complainant's knowledge on a stated day is evidence the 25
matter came to the complainant's knowledge on that day. 26
Page 70
One Funding System for Better Services Bill 2011
Part 8 Miscellaneous provisions
[s 100]
Part 8 Miscellaneous provisions 1
100 Consistency of funding agreement with Act 2
(1) A funding agreement is not void merely because it does not 3
comply with a requirement under section 19(2)(c). 4
(2) A funded entity can not bring a proceeding in relation to the 5
exercise of a power under part 4 or 5 on the ground that 6
funding received by the funded entity was not funding to 7
which this Act applies. 8
101 Supervision by authorised officer 9
If a direction or requirement under this Act allows or requires 10
a person to take action, the direction or requirement may also 11
require the person to take the action under an authorised 12
officer's supervision. 13
102 Protection from liability for particular persons 14
(1) A designated person does not incur civil liability for an act 15
done, or omission made, honestly and without negligence 16
under this Act. 17
(2) If subsection (1) prevents a civil liability attaching to a 18
designated person, the liability attaches instead to the State. 19
(3) In this section-- 20
civil liability includes liability for the payment of costs 21
ordered to be paid in a proceeding for an offence against this 22
Act. 23
designated person means-- 24
(a) a chief executive; or 25
(b) an authorised officer; or 26
(c) a person acting under the authority or direction of an 27
authorised officer; or 28
(d) an interim manager. 29
Page 71
One Funding System for Better Services Bill 2011
Part 8 Miscellaneous provisions
[s 103]
103 Delegation by Minister or chief executive 1
(1) An appropriate Minister or a chief executive of a department 2
may delegate the appropriate Minister's or chief executive's 3
functions under this Act to an appropriately qualified public 4
service employee or other employee of the department. 5
(2) In this section-- 6
appropriately qualified includes having the qualifications, 7
experience or standing appropriate for the functions. 8
Example of standing-- 9
a person's classification level in the public service 10
function includes a power. 11
104 Confidentiality of information 12
(1) This section applies to a person who-- 13
(a) is, or has been-- 14
(i) a chief executive of a department providing 15
funding to a funded entity; or 16
(ii) an authorised officer; or 17
(iii) an interim manager; or 18
(iv) a public service employee or a person engaged by a 19
chief executive of a department providing funding 20
to a funded entity, performing functions under or in 21
relation to the administration of this Act; or 22
(v) a person to whom a chief executive or Minister has 23
delegated a function under section 103; and 24
(b) as a result of a function exercised under part 4 or 5, 25
whether or not the function was exercised by the person, 26
has gained, gains or has access to confidential 27
information about an individual. 28
(2) This section also applies to an entity, if the entity receives 29
confidential information about an individual under section 30
105(1)(b). 31
Page 72
One Funding System for Better Services Bill 2011
Part 8 Miscellaneous provisions
[s 104]
(3) The person or entity must not disclose the confidential 1
information, or give access to the confidential information, to 2
anyone else, other than-- 3
(a) in the performance of functions under this Act; or 4
(b) with the written consent of the individual to whom the 5
information relates; or 6
(c) to the individual to whom the information relates; or 7
(d) in a form that could not identify any individual; or 8
(e) in a proceeding before a court or tribunal; or 9
(f) as authorised or required under an Act; or 10
(g) if the person or entity reasonably believes a serious 11
concern exists. 12
Maximum penalty--40 penalty units. 13
(4) In this section-- 14
confidential information includes information about an 15
individual's affairs but does not include-- 16
(a) information already publicly disclosed unless further 17
disclosure of the information is prohibited by law; or 18
(b) statistical or other information that could not reasonably 19
be expected to result in the identification of the 20
individual to whom the information relates. 21
entity includes the following-- 22
(a) a government entity; 23
(b) a statutory body; 24
(c) a GOC; 25
(d) a subsidiary of a GOC; 26
(e) a government entity, statutory body, GOC or subsidiary 27
of a GOC of the Commonwealth or another State. 28
function includes a power. 29
Page 73
One Funding System for Better Services Bill 2011
Part 8 Miscellaneous provisions
[s 105]
105 Chief executive may share information about funded 1
entity 2
(1) A chief executive may give information about a funded entity 3
to-- 4
(a) a department if the funded entity receives funding the 5
department has provided; or 6
(b) another entity if the chief executive considers the entity 7
has an interest in the proper and efficient delivery of a 8
funded product or service of the funded entity. 9
(2) The chief executive may act under subsection (1) without the 10
consent of the funded entity. 11
(3) In this section-- 12
entity includes the following-- 13
(a) a government entity; 14
(b) a statutory body; 15
(c) a GOC; 16
(d) a subsidiary of a GOC; 17
(e) a government entity, statutory body, GOC or subsidiary 18
of a GOC of the Commonwealth or another State. 19
106 Joint exercise of powers 20
(1) This section applies if more than 1 department provides 21
funding received by a funded entity. 22
(2) The chief executive of one of the departments (the first chief 23
executive) may exercise a power on behalf of any or all of the 24
chief executives of the other departments in relation to the 25
funding received by the funded entity. 26
(3) The first chief executive may only act on behalf of a chief 27
executive of another department with the written consent of 28
the other chief executive. 29
(4) The exercise of a power by the first chief executive on behalf 30
of the chief executive of another department may be in 31
Page 74
One Funding System for Better Services Bill 2011
Part 9 Repeals
[s 107]
relation to all or part of the funding provided by the other 1
chief executive's department. 2
(5) Nothing in this section limits the power of a chief executive 3
under this Act. 4
(6) In this section-- 5
power does not include the power to enter into a funding 6
agreement under section 19 or provide funding without a 7
funding agreement under section 20. 8
107 Approved forms 9
A chief executive of a department who has provided funding 10
received by a funded entity may approve forms for use under 11
this Act. 12
108 Regulation-making power 13
(1) The Governor in Council may make regulations under this 14
Act. 15
(2) A regulation may impose a penalty of no more than 20 penalty 16
units for a contravention of a regulation. 17
Part 9 Repeals 18
109 Repeal 19
The following Acts are repealed-- 20
· Family Services Act 1987, No. 32; 21
· Community Services Act 2007, No. 38. 22
Page 75
One Funding System for Better Services Bill 2011
Part 10 Transitional provisions
[s 110]
Part 10 Transitional provisions 1
Division 1 Definitions for pt 10 2
110 Definitions 3
In this part-- 4
approved service provider see the repealed Community 5
Services Act 2007, section 8. 6
commencement means the commencement of this part. 7
funding Act means-- 8
(a) the repealed Community Services Act 2007; or 9
(b) the Corrective Services Act 2006; or 10
(c) the Disability Services Act 2006. 11
funding agreement Act means any of the following Acts as in 12
force before the commencement-- 13
(a) the Community Services Act 2007; 14
(b) the Corrective Services Act 2006; 15
(c) the Disability Services Act 2006; 16
(d) the Family Services Act 1987; 17
(e) the Housing Act 2003. 18
service provider see the repealed Community Services Act 19
2007, section 7. 20
Page 76
One Funding System for Better Services Bill 2011
Part 10 Transitional provisions
[s 111]
Division 2 Transitional provisions generally 1
Subdivison 1 Application of Act to particular 2
agreements 3
111 Act does not apply to continuing agreements 4
(1) This Act does not apply to a continuing agreement. 5
(2) In this section-- 6
continuing agreement means a continuing agreement under 7
the Housing Act 2003-- 8
(a) that, immediately before the commencement-- 9
(i) was current; and 10
(ii) was not an assistance agreement within the 11
meaning of the Housing Act 2003 as in force 12
before the commencement; and 13
(b) for which an entity mentioned in section 21 of that Act 14
is a party that is not registered under that Act after the 15
commencement. 16
112 Act does not apply to housing agreements 17
(1) This Act does not apply to a housing agreement. 18
(2) In this section-- 19
housing agreement means an agreement-- 20
(a) entered into, between the Queensland Housing 21
Commission under the repealed State Housing Act 1945 22
and an entity mentioned in section 21 of the Housing 23
Act 2003, before 1 January 1996; and 24
(b) that was current immediately before the 25
commencement. 26
Page 77
One Funding System for Better Services Bill 2011
Part 10 Transitional provisions
[s 113]
Subdivision 2 Provisions for certain written 1
agreements 2
113 Continuation of agreements to enter into written 3
agreement about funding under a funding Act 4
(1) This section applies if-- 5
(a) before receiving funding under a funding Act an entity 6
had agreed in writing (a preliminary agreement) to 7
enter into a written agreement about the funding within 8
a stated time; and 9
(b) immediately before the commencement-- 10
(i) the stated time had not ended; and 11
(ii) a written agreement about the funding had not been 12
entered into. 13
(2) This section also applies if-- 14
(a) an entity received funding under a funding Act after 15
making a preliminary agreement; and 16
(b) immediately before the commencement a written 17
agreement about the funding had not been entered into. 18
(3) On and from the commencement-- 19
(a) the preliminary agreement is taken to be an agreement 20
made under section 20 to enter into a funding agreement 21
about the funding within the stated time; and 22
(b) the funding received after making the preliminary 23
agreement is taken to have been provided under section 24
20. 25
114 Continuation of other agreements to enter into written 26
agreement under a funding Act 27
(1) This section applies to a written agreement to which section 28
113 does not apply if-- 29
Page 78
One Funding System for Better Services Bill 2011
Part 10 Transitional provisions
[s 114]
(a) the agreement is made under a preliminary agreement 1
provision; and 2
(b) immediately before the commencement, the agreement 3
is in force. 4
(2) Despite the repeal of the preliminary agreement provision, on 5
and from the commencement the agreement continues in force 6
but is not otherwise subject to the preliminary agreement 7
provision or the Act containing the preliminary agreement 8
provision. 9
(3) However-- 10
(a) for a written agreement made under repealed section 11
27(4)(a) of the Community Services Act 2007--repealed 12
section 27(5) of that Act continues to apply to the 13
agreement; or 14
(b) for a written agreement made under repealed section 15
252(5)(a) of the Corrective Services Act 2006--repealed 16
section 252(6) of that Act continues to apply to the 17
agreement; or 18
(c) for a written agreement made under repealed section 19
56(4)(a) of the Disability Services Act 2006--repealed 20
section 56(5) of that Act continues to apply to the 21
agreement. 22
(4) In this section-- 23
preliminary agreement provision means-- 24
(a) repealed section 27(4)(a) of the Community Services Act 25
2007; or 26
(b) repealed section 252(5)(a) of the Corrective Services 27
Act 2006; or 28
(c) repealed section 56(4)(a) of the Disability Services Act 29
2006. 30
repealed, in relation to a provision of an Act, means the 31
provision as it was in force immediately before the 32
commencement. 33
Page 79
One Funding System for Better Services Bill 2011
Part 10 Transitional provisions
[s 115]
115 Continuation of written agreements made under funding 1
agreement Act as funding agreements 2
(1) This section applies to a written agreement made under a 3
funding agreement Act, if-- 4
(a) under the agreement a department provides, or has 5
provided, funding to an entity; and 6
(b) immediately before the commencement the agreement is 7
in force. 8
(2) On and from the commencement-- 9
(a) the agreement is taken to be a funding agreement under 10
this Act; and 11
(b) the agreement is taken to comply with section 19(2)(b) 12
and (c). 13
(3) However, if the agreement or the funding agreement Act are 14
contravened before the commencement, on and from the 15
commencement-- 16
(a) the funding agreement Act continues to apply to the 17
contravention; and 18
(b) an authorised officer appointed under the funding 19
agreement Act or the chief executive of the department 20
administering the funding agreement Act may exercise, 21
or continue to exercise, powers under the funding 22
agreement Act in relation to the contravention. 23
(4) If, immediately before the commencement, a person was 24
appointed as interim manager under a funding agreement Act 25
in relation to the agreement, on and from the 26
commencement-- 27
(a) the funding agreement Act continues to apply to the 28
appointment of the interim manager; and 29
(b) the interim manager may exercise, or continue to 30
exercise, a power under the funding agreement Act in 31
relation to the agreement. 32
Page 80
One Funding System for Better Services Bill 2011
Part 10 Transitional provisions
[s 116]
116 Continuation of other written agreements made under 1
funding agreement Act 2
(1) This section applies to a written agreement made under a 3
funding agreement Act to which section 115 does not apply if, 4
immediately before the commencement, the agreement is in 5
force. 6
(2) On and from the commencement the agreement continues in 7
force and is not otherwise subject to the funding agreement 8
Act or this Act. 9
Subdivision 3 Provisions for other agreements 10
117 Continuation of other written agreements as funding 11
agreements 12
(1) This section applies to a written agreement, other than a 13
written agreement made under a funding agreement Act, if 14
(a) under the agreement a department provides, or has 15
provided, funding to an entity; and 16
(b) immediately before the commencement the agreement is 17
in force. 18
(2) On and from the commencement-- 19
(a) the agreement is taken to be a funding agreement under 20
this Act; and 21
(b) the agreement is taken to comply with section 19(2)(b) 22
and (c). 23
(3) However, if the agreement is contravened before the 24
commencement, the agreement as in force before the 25
commencement continues to apply to the contravention after 26
the commencement. 27
Page 81
One Funding System for Better Services Bill 2011
Part 10 Transitional provisions
[s 118]
118 Continuation of funding provided without written 1
agreement 2
(1) This section applies to an entity that, immediately before the 3
commencement, is providing a product or service with 4
funding provided by a department if there is no written 5
agreement in relation to the funding. 6
(2) Subject to subsections (3) and (4), the entity may continue to 7
receive the funding despite this Act. 8
(3) Any conditions to which the funding was subject continue to 9
apply to the funding. 10
(4) The funding must stop 1 year after the commencement unless 11
a funding agreement is signed by the entity. 12
(5) No compensation is payable to an entity if funding to the 13
entity is stopped under subsection (4). 14
Subdivision 4 Provisions relating to particular 15
leases 16
119 Provision for particular existing leases 17
(1) This section applies to a continuing lease if, immediately 18
before the commencement, the continuing lease is in force. 19
(2) On and from the commencement-- 20
(a) despite section 12, the provision of the continuing lease 21
is taken to be a provision of funding; and 22
(b) the continuing lease is taken to be a funding agreement 23
under this Act; and 24
(c) the continuing lease is taken to comply with section 25
19(2)(b) and (c). 26
(3) However, if the agreement is contravened before the 27
commencement, the agreement as in force before the 28
commencement continues to apply to the contravention after 29
the commencement. 30
Page 82
One Funding System for Better Services Bill 2011
Part 10 Transitional provisions
[s 120]
(4) In this section-- 1
continuing lease means a lease administered by the 2
department administering this Act and provided on one of the 3
following conditions-- 4
(a) the condition that during the term of the lease the lessee 5
does not use the leased premises, or permit or allow the 6
leased premises to be used, for any purpose other than 7
the provision of services to clients in accordance with 8
the principles and requirements of the Disability 9
Services Act 2006; 10
(b) the condition that during the term of the lease the lessee 11
does not use the leased premises, or permit or allow the 12
leased premises to be used, for any purpose other than 13
the provision of community services in accordance with 14
principles stated in section 5(f) and (g) of the repealed 15
Community Services Act 2007; 16
(b) the condition that at all times during the term of the 17
lease the lessee must hold a current licence to provide 18
care services under the Child Protection Act 1999. 19
120 Existing dealings with land may be funding 20
(1) This section applies to a licence, lease or other interest in land 21
provided by a department under a relevant land Act to an 22
entity if-- 23
(a) immediately before the commencement the licence, 24
lease or other interest in land was in force; and 25
(b) on the commencement, the licence, lease or other 26
interest in land would, except for section 12(2)(e), be 27
funding. 28
(2) At the commencement the Minister for the department 29
providing the licence, lease or other interest in land under the 30
relevant land Act to the entity may act under section 13 in 31
relation to the licence, lease or other interest in land. 32
(3) Subsection (2) applies until 12 months after the 33
commencement. 34
Page 83
One Funding System for Better Services Bill 2011
Part 10 Transitional provisions
[s 121]
Subdivision 5 Miscellaneous 1
121 Existing requests for funding 2
(1) This section applies to a request for funding made by an entity 3
to a department or Minister before the commencement if, 4
immediately before the commencement the request had not 5
been finally dealt with. 6
(2) The request is taken to be a request for funding made under 7
section 16 to the chief executive of the department. 8
(3) If the request for funding was approved before the 9
commencement, the decision on the request is taken to be a 10
funding decision made by the Minister under section 18. 11
122 References to repealed Acts 12
(1) A reference in another Act or document to the Family Services 13
Act 1987 or the Community Services Act 2007 may, if the 14
context permits, be taken as a reference to this Act. 15
(2) A reference in a document to a particular provision of a 16
funding agreement Act that on the commencement is 17
repealed, may, if the context permits, be taken as a reference 18
to any provision of this Act, all or part of which corresponds, 19
or substantially corresponds, to the provision of the funding 20
agreement Act that on the commencement is repealed. 21
Division 3 Transitional provisions relating to 22
Community Services Act 2007 23
123 Approved service providers 24
(1) This section applies if-- 25
(a) a service provider has made an application for approval 26
as an approved service provider under the Community 27
Services Act 2007 before the commencement; and 28
Page 84
One Funding System for Better Services Bill 2011
Part 10 Transitional provisions
[s 124]
(b) the application has not been decided or withdrawn at the 1
commencement. 2
(2) The application is taken to be withdrawn. 3
(3) The chief executive to whom the application was made must 4
give notice of the withdrawal to the service provider. 5
124 Cancellation of approval as service provider 6
(1) This section applies if on the commencement an approval of a 7
service provider as an approved service provider is in force. 8
(2) The approval of the service provider as an approved service 9
provider is cancelled. 10
Division 4 Transitional regulation-making 11
power 12
125 Transitional regulation-making power 13
(1) A regulation (a transitional regulation) may make provision 14
about a matter for which-- 15
(a) it is necessary to make provision to allow or facilitate 16
the doing of anything to achieve the transition from the 17
operation of an Act that provides for funding to the 18
operation of this Act; and 19
(b) this Act does not make provision or sufficient provision. 20
(2) A transitional regulation must declare it is a transitional 21
regulation. 22
(3) This division and any transitional regulation expire 1 year 23
after the commencement. 24
Page 85
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 126]
Part 11 Amendment of Acts 1
Division 1 Amendment of this Act 2
126 Act amended 3
This division amends this Act. 4
127 Amendment of long title 5
Long title, from `and to repeal'-- 6
omit. 7
128 Amendment of s 4 (Application of Act) 8
Section 4, note, `schedule 2'-- 9
omit, insert-- 10
`the schedule'. 11
129 Amendment of s 9 (Definitions) 12
Section 9, `schedule 2'-- 13
omit, insert-- 14
`the schedule'. 15
130 Renumbering of sch 2 (Dictionary) 16
Schedule 2-- 17
renumber as schedule. 18
Page 86
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 131]
Division 2 Amendment of Aboriginal and 1
Torres Strait Islander Communities 2
(Justice, Land and Other Matters) 3
Act 1984 4
131 Act amended 5
This division amends the Aboriginal and Torres Strait 6
Islander Communities (Justice, Land and Other Matters) Act 7
1984. 8
132 Amendment of s 56 (Grant of aid) 9
(1) Section 56(2), `aid granted'-- 10
omit, insert-- 11
`aid, other than aid that is funding, granted'. 12
(2) Section 56(2)-- 13
renumber as section 52(3). 14
(3) Section 56-- 15
insert-- 16
`(2) However, if the grant of aid is funding-- 17
(a) the One Funding System for Better Services Act 2011 18
applies to the grant of aid; and 19
(b) the chief executive may only grant the aid if the Minister 20
has approved the grant as required under the One 21
Funding System for Better Services Act 2011. 22
`(4) In this section-- 23
funding see the One Funding System for Better Services Act 24
2011.'. 25
Page 87
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 133]
Division 3 Amendment of Aboriginal Cultural 1
Heritage Act 2003 2
133 Act amended 3
This division amends the Aboriginal Cultural Heritage Act 4
2003. 5
134 Amendment of s 37 (Function of Aboriginal cultural 6
heritage body) 7
Section 37-- 8
insert-- 9
`(3) The One Funding System for Better Services Act 2011 applies 10
to the giving of financial or other help under subsection (2) if 11
the giving of the help is funding as defined under that Act.'. 12
Division 4 Amendment of Casino Control Act 13
1982 14
135 Act amended 15
This division amends the Casino Control Act 1982. 16
136 Amendment of s 52 (Casino community benefit fund) 17
(1) Section 52(8) and (9)-- 18
renumber as section 52(9) and (10). 19
(2) Section 52-- 20
insert-- 21
`(8) The One Funding System for Better Services Act 2011 applies 22
to moneys that may be paid out of the fund if the application 23
of the moneys is funding as defined under that Act.'. 24
Page 88
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 137]
Division 5 Amendment of Corrective Services 1
Act 2006 2
137 Act amended 3
This division amends the Corrective Services Act 2006. 4
138 Omission of ch 6, pt 1 (Grant of financial assistance) 5
Chapter 6, part 1-- 6
omit. 7
139 Amendment of sch 4 (Dictionary) 8
Schedule 4, definitions financial assistance agreement, 9
grantee, prescribed requirement-- 10
omit. 11
Division 6 Amendment of Disability Services 12
Act 2006 13
140 Act amended 14
This division amends the Disability Services Act 2006. 15
141 Amendment of s 7 (How objects are mainly achieved) 16
Section 7-- 17
insert-- 18
`Note-- 19
The One Funding System for Better Services Act 2011 applies to 20
funding, as defined in that Act, provided under this Act. The One 21
Funding System for Better Services Act 2011 contains clear and 22
consistent powers that also safeguard the funding and the delivery of 23
products or services provided with the funding.'. 24
Page 89
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 142]
142 Amendment of s 14 (Meaning of funded service provider) 1
(1) Section 14(1), from `provider that'-- 2
omit, insert-- 3
`provider that-- 4
(a) is a funded entity; and 5
(b) receives funds provided by the department to provide 6
disability services.'. 7
(2) Section 14(2), `funded service provider'-- 8
omit, insert-- 9
`funded service provider'. 10
143 Omission of s 16 (Meaning of approved non-government 11
service provider) 12
Section 16-- 13
omit. 14
144 Amendment of s 17 (Meaning of funded non-government 15
service provider) 16
(1) Section 17(1), from `receiving'-- 17
omit, insert-- 18
`that is a funded entity that receives funds provided by the 19
department to provide disability services.'. 20
(2) Section 17(2)-- 21
omit. 22
145 Omission of pt 6 (Approved non-government service 23
providers) 24
Part 6-- 25
omit. 26
Page 90
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 146]
146 Insertion of new s 50 1
Part 7-- 2
insert-- 3
`50 Definition for pt 7 4
`In this part-- 5
funding see the One Funding System for Better Services Act 6
2011, section 12.'. 7
147 Amendment of s 52 (When funding may be given) 8
Section 52, after `provider'-- 9
insert-- 10
`under the One Funding System for Better Services Act 2011'. 11
148 Omission of ss 53-58 12
Sections 53 to 58-- 13
omit. 14
149 Omission of pt 8 (Prescribed requirements for funded 15
non-government service providers) 16
Part 8-- 17
omit. 18
150 Amendment of s 134 (Power to enter place where funded 19
non-government service provider provides disability 20
services) 21
Section 134(3)(a)-- 22
omit, insert-- 23
`(a) if the authorised officer reasonably suspects there is an 24
immediate risk of harm to a person with a disability at 25
the place because of abuse, neglect or exploitation; or'. 26
Page 91
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 151]
151 Amendment of s 137 (Issue of warrant) 1
(1) Section 137(1)(b)(ii)-- 2
omit. 3
(2) Section 137(1)(b)(iii)-- 4
renumber as section 137(1)(b)(ii). 5
152 Omission of pt 12 (Appointment of interim manager) 6
Part 12-- 7
omit. 8
153 Replacement of s 207 (Reviewable decisions) 9
Section 207-- 10
omit, insert-- 11
`207 Definitions for pt 14 12
`In this part-- 13
interested person, for a reviewable decision, means a funded 14
non-government service provider whose funding is suspended 15
or cancelled under section 161(8). 16
reviewable decision means a decision of the chief executive 17
under section 161(8) to suspend or cancel the funding of a 18
funded non-government service provider for not complying 19
with a compliance notice. 20
Note-- 21
Part 10 provides for a person to apply to the tribunal for a part 10 22
reviewable decision.'. 23
154 Insertion of new pt 15, div 1B 24
Part 15, after section 214E-- 25
insert-- 26
Page 92
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 154]
`Division 1B Policies 1
`214F Application of div 1B 2
`This division applies to a funded non-government service 3
provider (a provider). 4
`214G Definition for div 1B 5
`In this division-- 6
keep and implement, for a policy, means-- 7
(a) prepare the policy and keep it up to date; and 8
(b) when providing disability services, implement and 9
comply with the procedures and other matters stated in 10
the policy. 11
`214H Funding agreement 12
`(1) Nothing in this division affects the provider's obligations 13
under a funding agreement entered into by the provider. 14
`(2) However, if there is an inconsistency between the funding 15
agreement and this division, this division prevails. 16
`214I Policies to take account of differences, customs and 17
diversity 18
`The provider's policies must state the way the provider will 19
provide its disability services so that appropriate regard is had 20
to local and regional differences, cultural diversity and 21
Aboriginal tradition and Island custom. 22
`214J Abuse, neglect or exploitation policy 23
`(1) The provider must keep and implement an abuse, neglect or 24
exploitation policy consistent with the department's policy 25
about preventing abuse, neglect or exploitation of people with 26
a disability. 27
Page 93
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 154]
`(2) The chief executive must keep a copy of the department's 1
policy available for inspection free of charge by providers 2
at-- 3
(a) the department's head office and regional offices; and 4
(b) other places the chief executive considers appropriate. 5
`(3) Also, the chief executive must publish the department's policy 6
on the department's website. 7
`(4) In this section-- 8
abuse, neglect or exploitation policy means a policy outlining 9
the procedures the provider must use to prevent and respond 10
to the abuse, neglect or exploitation of people with a 11
disability. 12
`214K Complaints policy 13
`(1) The provider must keep and implement a complaints policy. 14
`(2) The policy must-- 15
(a) provide information about how a person may make a 16
complaint; and 17
(b) provide for a prompt response to complaints; and 18
(c) ensure that a person who makes a complaint is provided 19
with relevant and timely feedback on the outcome of the 20
complaint; and 21
(d) provide for the person who makes the complaint to be 22
advised that the person may complain to the department 23
or a relevant complaints agency if the person is not 24
satisfied with the outcome of the complaint; and 25
(e) allows grievances about the provider's disability 26
services to be pursued without the fear of the services 27
being discontinued or recrimination from the provider. 28
`(3) In this section-- 29
complaints policy means a policy outlining the procedures 30
and principles the provider will use to deal with and resolve 31
complaints relating to the provider's disability services. 32
Page 94
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 155]
`214L Provider must keep register of policies 1
`(1) The provider must keep a register of the policies to be kept 2
under this division. 3
`(2) The register must include the following-- 4
(a) the name of each policy; 5
(b) the date it was made; 6
(c) the date it was last reviewed; 7
(d) the date it is due to be reviewed; 8
(e) the date it was last amended. 9
`(3) The provider may keep the register in a form the provider 10
considers appropriate, including an electronic form. 11
`(4) The register must be readily available to allow inspection by 12
an authorised officer.'. 13
155 Amendment of s 222 (Confidentiality of other 14
information) 15
(1) Section 222(3)(e), after `manager'-- 16
insert-- 17
`under previous part 12'. 18
(2) Section 222-- 19
insert-- 20
`(6) In this section-- 21
previous part 12 means part 12 of this Act as in force from 22
time to time before the commencement of this definition.'. 23
156 Amendment of s 229 (Protecting officials from liability) 24
(1) Section 229(3), definition official, paragraph (e)-- 25
omit. 26
Page 95
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 157]
(2) Section 229(3), definition official, paragraphs (f) and (g)-- 1
renumber as paragraphs (e) and (f). 2
157 Insertion of new pt 16, div 6 3
Part 16-- 4
insert-- 5
`Division 6 Transitional provisions for One 6
Funding System for Better Services 7
Act 2011 8
`291 Definitions for div 6 9
`In this division-- 10
approved non-government service provider see section 16 as 11
in force before the commencement. 12
commencement means the commencement of this division. 13
`292 Cancellation of approval as approved 14
non-government service provider 15
`(1) This section applies if, immediately before the 16
commencement a corporation held approval as an approved 17
non-government service provider. 18
`(2) On the commencement of this section the corporation's 19
approval is cancelled. 20
`293 Withdrawal of applications relating to approval as 21
approved non-government service provider 22
`(1) This section applies if-- 23
(a) before the commencement a corporation had made an 24
application-- 25
(i) for approval as an approved non-government 26
service provider; or 27
Page 96
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 158]
(ii) for cancellation of its approval as an approved 1
non-government service provider; and 2
(b) on the commencement, the application had not been 3
decided. 4
`(2) The application is taken to be withdrawn. 5
`(3) The chief executive must give notice of the withdrawal of the 6
application to the corporation.'. 7
158 Omission of sch 2 (Reviewable decisions) 8
Schedule 2-- 9
omit. 10
159 Amendment of sch 7 (Dictionary) 11
(1) Schedule 7, definitions approved non-government service 12
provider, funding agreement, interim manager, keep and 13
implement, prescribed requirement and reviewable decision-- 14
omit. 15
(2) Schedule 7-- 16
insert-- 17
`funded entity see the One Funding System for Better Services 18
Act 2011, section 11(1). 19
funding, for part 7, see section 50. 20
funding agreement, in relation to a funded non-government 21
service provider, means a funding agreement under the One 22
Funding System for Better Services Act 2011 for funding for 23
providing disability services. 24
keep and implement-- 25
(a) for part 10A, see section 123E; or 26
(b) for part 15, division 1B, see section 214G. 27
provider, for part 15, division 1B, see section 214F. 28
reviewable decision, for part 14, see section 207.'. 29
Page 97
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 160]
Division 7 Amendment of Duties Act 2001 1
160 Act amended 2
This division amends the Duties Act 2001. 3
161 Amendment of s 429 (Instruments and transactions 4
under Housing Act 2003) 5
Section 429(1), after `2003'-- 6
insert-- 7
`, or the One Funding System for Better Services Act 2011 for 8
providing a housing service,'. 9
Division 8 Amendment of Education (General 10
Provisions) Act 2006 11
162 Act amended 12
This division amends the Education (General Provisions) Act 13
2006. 14
163 Amendment of s 368 (Provision of scholarships and 15
payment of allowances) 16
(1) Section 368(3)-- 17
renumber as section 368(4). 18
(2) Section 368-- 19
insert-- 20
`(3) The One Funding System for Better Services Act 2011 applies 21
to the payment of an allowance under subsection (1) if the 22
payment of the allowance is funding as defined under that 23
Act.'. 24
Page 98
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 164]
164 Amendment of s 369 (Minister's policy) 1
(1) Section 369(3), `subsection (2)'-- 2
omit, insert-- 3
`subsection (3)'. 4
(2) Section 369(2) to (5)-- 5
renumber as section 369(3) to (6). 6
(3) Section 369-- 7
insert-- 8
`(2) If the policy relates to providing funding as defined under the 9
One Funding System for Better Services Act 2011, the policy 10
must be consistent with that Act.'. 11
165 Amendment of s 421 (Transportation assistance for 12
certain students) 13
(1) Section 421(3)-- 14
renumber as section 421(4). 15
(2) Section 421-- 16
insert-- 17
`(3) The One Funding System for Better Services Act 2011 applies 18
to the giving of assistance if the giving of the assistance is 19
funding as defined under that Act.'. 20
166 Amendment of s 422 (Grants to entities) 21
Section 422-- 22
insert-- 23
`(2) The One Funding System for Better Services Act 2011 applies 24
to the giving of a grant if the giving of the grant is funding as 25
defined under that Act.'. 26
Page 99
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 167]
Division 9 Amendment of Fisheries Act 1994 1
167 Act amended 2
This division amends the Fisheries Act 1994. 3
168 Insertion of new s 12A 4
Part 1, division 4-- 5
insert-- 6
`12A Relationship with One Funding System for Better 7
Services Act 2011 8
`The One Funding System for Better Services Act 2011 9
applies to a provision of funding, as defined under that Act, 10
made under this Act.'. 11
169 Amendment of s 20A (Powers) 12
(1) Section 20A(3)-- 13
renumber as section 20A(4). 14
(2) Section 20A-- 15
insert-- 16
`(3) Subsection (1) does not give the chief executive power to 17
approve funding as defined under the One Funding System for 18
Better Services Act 2011. 19
Note-- 20
Under the One Funding System for Better Services Act 2011 only the 21
Minister may approve a request for funding as defined under that Act.'. 22
Division 10 Amendment of Forestry Act 1959 23
170 Act amended 24
This division amends the Forestry Act 1959. 25
Page 100
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 171]
171 Amendment of s 39A (Forest entitlement areas) 1
(1) Section 39A(3)-- 2
renumber as section 39A(4). 3
(2) Section 39A-- 4
insert-- 5
`(3) If an agreement under subsection (2) involves a provision of 6
funding as defined under the One Funding System for Better 7
Services Act 2011-- 8
(a) that Act applies in relation to the agreement; and 9
(b) the chief executive may only make the agreement if the 10
provision of funding under the agreement is approved 11
by the Minister as required under that Act.'. 12
172 Amendment of s 52 (Power to subsidise road works) 13
Section 52-- 14
insert-- 15
`(3) However, if a subsidy is funding as defined under the One 16
Funding System for Better Services Act 2011-- 17
(a) that Act applies to the subsidy; and 18
(b) the chief executive may only authorise the subsidisation 19
if the subsidy is approved by the Minister as required 20
under that Act.'. 21
173 Amendment of s 68 (Cooperative burnings) 22
Section 68-- 23
insert-- 24
`(2) However, if the rendering of assistance is funding as defined 25
under the One Funding System for Better Services Act 2011-- 26
(a) that Act applies to the assistance; and 27
Page 101
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 174]
(b) the chief executive may only render the assistance if the 1
assistance is approved by the Minister as required under 2
that Act.'. 3
Division 11 Amendment of Gaming Machine Act 4
1991 5
174 Act amended 6
This division amends the Gaming Machine Act 1991. 7
175 Amendment of s 322 (Disposition of fees etc.) 8
Section 322-- 9
insert-- 10
`(8) The One Funding System for Better Services Act 2011 applies 11
to amounts to be paid out of the Sport and Recreation Benefit 12
Fund, community investment fund or gambling community 13
benefit fund if the amount to be paid is funding as defined 14
under that Act.'. 15
Division 12 Amendment of Housing Act 2003 16
176 Act amended 17
This division amends the Housing Act 2003. 18
Note-- 19
See also the amendments in schedule 1. 20
177 Amendment of s 10 (Queensland Housing Fund) 21
(1) Section 10(5)(f), from `under'-- 22
omit, insert-- 23
`under-- 24
Page 102
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 178]
(i) this Act; or 1
(ii) a funding agreement to which the One Funding 2
System for Better Services Act 2011 applies for the 3
provision of housing services.'. 4
(2) Section 10(6), examples, `grants'-- 5
omit, insert-- 6
`funding'. 7
(3) Section 10(7) to (9)-- 8
renumber as section 10(8) to (10). 9
(4) Section 10-- 10
insert-- 11
`(7) The One Funding System for Better Services Act 2011 applies 12
to amounts payable out of the fund if the amount is funding as 13
defined under that Act. 14
Note-- 15
See also section 10A.'. 16
178 Insertion of new pt 2, div 1A 17
Part 2, before division 1-- 18
insert-- 19
`Division 1A Relationship with One Funding 20
System for Better Services Act 2011 21
`10A Functions and powers relating to funding 22
`(1) If the One Funding System for Better Services Act 2011 23
applies to a provision of funding under this Act, the chief 24
executive may only perform a function or exercise a power 25
under this Act in relation to the provision of the funding if the 26
funding has been approved by the Minister as required under 27
the One Funding System for Better Services Act 2011. 28
`(2) In this section-- 29
Page 103
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 179]
funding see the One Funding System for Better Services Act 1
2011, section 12.'. 2
179 Amendment of s 14 (Waiver of amounts owed) 3
Section 14(1), examples-- 4
insert-- 5
`· an amount payable because of a contingent liability under a funding 6
agreement 7
· surplus amounts under a funding agreement'. 8
180 Insertion of new s 19A 9
Part 4, division 1-- 10
insert-- 11
`19A Definition for pt 4 12
`In this part-- 13
funding see the One Funding System for Better Services Act 14
2011, section 12.'. 15
181 Amendment of pt 4, div 2, hdg (Assistance) 16
Part 4, division 2, heading, `Assistance'-- 17
omit, insert-- 18
`Funding'. 19
182 Replacement of s 23 (Ways of giving assistance) 20
Section 23-- 21
omit, insert-- 22
`23 Providing funding 23
`(1) The chief executive may provide funding to a registered 24
provider. 25
Page 104
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 183]
`(2) If the chief executive provides funding to a registered provider 1
the One Funding System for Better Services Act 2011 applies 2
to the provision of funding. 3
183 Omission of ss 25-26 4
Sections 25 and 26-- 5
omit. 6
184 Replacement of s 27 (No entitlement to assistance) 7
Section 27-- 8
omit, insert-- 9
`27 No entitlement to funding 10
`The Minister is not required to approve funding for an entity 11
merely because the entity is a registered provider.'. 12
185 Amendment of s 30 (Application for cancellation of 13
registration) 14
Section 30(4)(b), `this Act'-- 15
omit, insert-- 16
`this Act, the One Funding System for Better Services 17
Act 2011 or the funding agreement; or 18
(c) the chief executive considers granting the application is 19
appropriate having regard to-- 20
(i) the type of housing services the registered provider 21
is required to deliver under the funding agreement; 22
and 23
(ii) the likelihood of the registered provider requesting 24
further funding for providing a housing service.'. 25
Page 105
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 186]
186 Amendment of s 31 (Cancellation of registration without 1
application) 2
Section 31(1)(b)-- 3
omit, insert-- 4
`(b) the chief executive is satisfied it is unlikely that the chief 5
executive will wish to take action to enforce compliance 6
by the provider with this Act, the One Funding System 7
for Better Services Act 2011 or the funding agreement in 8
relation to the provision of a housing service; and 9
(c) the chief executive is satisfied it is unlikely the Minister 10
will wish to approve funding under the One Funding 11
System for Better Services Act 2011 for the registered 12
provider to provide or continue providing a housing 13
service.'. 14
187 Amendment of s 34 (Registered provider must comply 15
with prescribed requirements) 16
Section 34, notes-- 17
omit, insert-- 18
`(2) The registered provider breaches their funding agreement if 19
the registered provider contravenes the prescribed 20
requirement. 21
Notes-- 22
1 A serious concern under the One Funding System for Better 23
Services Act 2011 may exist if a registered provider contravenes a 24
prescribed requirement. 25
2 The extent of a registered provider's compliance with, or 26
contravention of, a prescribed requirement is likely to be a relevant 27
matter for-- 28
(a) the Minister to consider when deciding whether to approve 29
funding; or 30
(b) the chief executive to consider when deciding whether to 31
cancel the provider's registration under section 30 or 31. 32
3 A funding agreement may include a provision about the 33
consequences of a contravention of a prescribed requirement.'. 34
Page 106
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 188]
188 Omission of s 35 (Compliance notice) 1
Section 35-- 2
omit. 3
189 Insertion of new s 37A and div 6 4
Part 4, division 5-- 5
insert-- 6
`37A Notation in the register 7
`If a person is appointed under the One Funding System for 8
Better Services Act 2011 as interim manager for the funding 9
provided to a registered provider to provide housing services, 10
the chief executive may include in the register a note about the 11
appointment that the chief executive considers appropriate. 12
`Division 6 Power of interim manager 13
`37B Power to act on registered provider's behalf in 14
relation to a relevant agreement 15
`(1) This section applies to a person appointed under the One 16
Funding System for Better Services Act 2011 as interim 17
manager for the funding provided to a registered provider to 18
provide housing services. 19
`(2) To carry out the interim manager's function, the interim 20
manager-- 21
(a) may enter into a residential tenancy agreement under the 22
Residential Tenancies and Rooming Accommodation 23
Act 2008, on behalf of the registered provider, for 24
residential premises that are funded property; and 25
(b) may do anything in relation to a relevant agreement, on 26
behalf of the registered provider, that the registered 27
provider is permitted or required to do. 28
Page 107
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 190]
Examples for paragraph (b)-- 1
1 The interim manager may exercise a right of entry under the 2
Residential Tenancies and Rooming Accommodation Act 3
2008, chapter 3, part 3. 4
2 The interim manager may give a notice to the tenant under 5
the Residential Tenancies and Rooming Accommodation Act 6
2008, chapter 5, part 1, division 2. 7
`(3) For the application of the Residential Tenancies and Rooming 8
Accommodation Act 2008, the interim manager is not liable, 9
as an agent of the registered provider, for an act or omission 10
relating to a relevant agreement other than a thing done by the 11
interim manager under subsection (2). 12
Note-- 13
See the Residential Tenancies and Rooming Accommodation Act 2008, 14
section 24 for provision about things required to be done by lessors or 15
their agents.'. 16
190 Omission of pt 5 (Appointment of interim manager) 17
Part 5-- 18
omit. 19
191 Amendment of s 63 (Reviewable decisions) 20
(1) Section 63(e)-- 21
omit. 22
(2) Section 63(f)-- 23
renumber as section 63(e). 24
192 Amendment of s 68 (Exercise of powers only for certain 25
matters) 26
(1) Section 68(b)(ii)-- 27
omit, insert-- 28
`(ii) section 37; or'. 29
(2) Section 68(b)(iii), `within the meaning given by section 39'-- 30
Page 108
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 193]
omit. 1
(3) Section 68(b)(iii), note-- 2
omit. 3
193 Insertion of new ss 99A-99B 4
Part 8, division 3-- 5
insert-- 6
`99A Delegation by Minister or chief executive 7
`(1) The Minister or chief executive may delegate the Minister's 8
or chief executive's functions under this Act to an 9
appropriately qualified public service employee or another 10
employee of the department. 11
`(2) In this section-- 12
appropriately qualified includes having the qualifications, 13
experience or standing appropriate for the functions. 14
Example of standing-- 15
a person's classification level in the public service 16
function includes a power.'. 17
`99B Confidentiality 18
`(1) This section applies to a person-- 19
(a) who is, or has been, appointed as interim manager of a 20
funded service under repealed part 5; and 21
(b) who, in the course of the appointment or because of 22
opportunity provided by the appointment, has gained or 23
has access to confidential information about the 24
registered provider or someone else. 25
`(2) The person must not make a record of the information, 26
disclose the information to anyone else or give access to the 27
information to anyone else, other than-- 28
(a) for a purpose under repealed part 5; or 29
Page 109
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 194]
(b) with the consent of the registered provider or other 1
person to whom the information relates; or 2
(c) in compliance with lawful process requiring production 3
of documents or giving of evidence before a court or 4
tribunal; or 5
(d) as expressly permitted or required by another Act. 6
Maximum penalty--20 penalty units. 7
`(3) In this section-- 8
repealed part 5 means part 5 of this Act as in force from time 9
to time before the commencement of this section.'. 10
194 Amendment of s 127 (Registration of entity that is a party 11
to a continuing agreement) 12
(1) Section 127(3)(b), `assistance'-- 13
omit, insert-- 14
`funding'. 15
(2) Section 127(7), `an assistance agreement'-- 16
omit, insert-- 17
`a funding agreement'. 18
(3) Section 127(7)(b), `using assistance'-- 19
omit, insert-- 20
`using funding'. 21
195 Amendment of sch 3 (Dictionary) 22
(1) Schedule 3, definitions assistance agreement, compliance 23
notice, funded property and relevant agreement-- 24
omit. 25
(2) Schedule 3-- 26
insert-- 27
Page 110
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 196]
`funded property, in relation to a funded service, means 1
property-- 2
(a) transferred or leased by the chief executive to the 3
registered provider for the purpose of providing the 4
service; or 5
(b) bought or leased by the registered provider using funds 6
entirely or partly provided by a grant, loan or other 7
financial assistance from the chief executive for the 8
purpose of providing the service. 9
funding, for part 4, see section 19A. 10
funding agreement means a funding agreement under the 11
One Funding System for Better Services Act 2011 for funding 12
for providing housing services. 13
relevant agreement, in relation to a funded service, means a 14
residential tenancy agreement for which-- 15
(a) the lessor is the registered provider; and 16
(b) the residential premises are funded property.'. 17
Division 13 Amendment of Liquor Act 1992 18
196 Act amended 19
This division amends the Liquor Act 1992. 20
197 Amendment of s 220 (Disbursement of fees etc.) 21
(1) Section 220(5)-- 22
renumber as section 220(6). 23
(2) Section 220-- 24
insert-- 25
`(5) The One Funding System for Better Services Act 2011 applies 26
to amounts to be paid out of the community investment fund if 27
the amount to be paid is funding as defined under that Act.'. 28
Page 111
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 198]
Division 14 Amendment of Marine Parks Act 1
2004 2
198 Act amended 3
This division amends the Marine Parks Act 2004. 4
199 Amendment of s 41 (Chief executive may enter into 5
cooperative arrangement for management plan) 6
(1) Section 41, `The'-- 7
omit, insert-- 8
`Subject to subsection (2), the'. 9
(2) Section 41-- 10
insert-- 11
`(2) If the agreement or other arrangement involves the provision 12
of funding as defined under the One Funding System for 13
Better Services Act 2011-- 14
(a) that Act applies in relation to the agreement or other 15
arrangement; and 16
(b) the chief executive may only enter into the agreement or 17
other arrangement if the provision of funding under the 18
agreement or other arrangement is approved by the 19
Minister as required under that Act.'. 20
Division 15 Amendment of Maritime Safety 21
Queensland Act 2002 22
200 Act amended 23
This division amends the Maritime Safety Queensland Act 24
2002. 25
Page 112
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 201]
201 Amendment of s 13 (Fund) 1
(1) Section 13(6) and (7)-- 2
renumber as section 13(7) and (8). 3
(2) Section 13-- 4
insert-- 5
`(6) If an amount payable from the fund is a provision of funding 6
as defined under the One Funding System for Better Services 7
Act 2011-- 8
(a) that Act applies in relation to the amount payable; and 9
(b) the amount may only be paid if the amount is approved 10
by the Minister as required under that Act.'. 11
Division 16 Amendment of Torres Strait Islander 12
Cultural Heritage Act 2003 13
202 Act amended 14
This division amends the Torres Strait Islander Cultural 15
Heritage Act 2003. 16
203 Amendment of s 37 (Function of Torres Strait Islander 17
cultural heritage body) 18
Section 37-- 19
insert-- 20
`(3) The One Funding System for Better Services Act 2011 applies 21
to the giving of financial or other help under subsection (2) if 22
the giving of the help is funding as defined under that Act.'. 23
Page 113
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 204]
Division 17 Amendment of Transport 1
Infrastructure Act 1994 2
204 Act amended 3
This division amends the Transport Infrastructure Act 1994. 4
205 Amendment of s 21 (Air transport infrastructure funding 5
programs) 6
(1) Section 21(5), from `the objectives'-- 7
omit, insert-- 8
`the following, for assessing funding applications under a 9
program-- 10
(a) if funding under a program is funding as defined under 11
the One Funding System for Better Services Act 12
2011--that Act; 13
(b) the objectives of this Act; 14
(c) government policy.'. 15
(2) Section 21(4) to (6)-- 16
renumber as section 21(5) to (7). 17
(3) Section 21-- 18
insert-- 19
`(4) The One Funding System for Better Services Act 2011 applies 20
to an air transport infrastructure funding program if the 21
program involves the provision of funding as defined under 22
that Act.'. 23
Page 114
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 206]
Division 18 Amendment of Transport 1
Operations (Passenger Transport) 2
Act 1994 3
206 Act amended 4
This division amends the Transport Operations (Passenger 5
Transport) Act 1994. 6
207 Amendment of s 80B (Taxi Industry Security Fund) 7
(1) Section 80B(8) and (9)-- 8
renumber as section 80B(9) and (10). 9
(2) Section 80B-- 10
insert-- 11
`(8) If an amount to be paid out of the fund is a provision of 12
funding as defined under the One Funding System for Better 13
Services Act 2011-- 14
(a) that Act applies in relation to the amount to be paid; and 15
(b) the amount may only be paid if the amount is approved 16
by the Minister as required under that Act.'. 17
208 Amendment of s 143B (Approval of basis for funding for 18
transport function) 19
Section 143B(1), from `only if'-- 20
omit, insert-- 21
`only if-- 22
(a) for providing help that is a provision of funding as 23
defined under the One Funding System for Better 24
Services Act 2011--the help is approved by the Minister 25
and provided as required under that Act; or 26
(b) otherwise--the Minister has approved the basis on 27
which the help is to be provided.'. 28
Page 115
One Funding System for Better Services Bill 2011
Part 11 Amendment of Acts
[s 209]
209 Amendment of s 144 (Transport arrangements for 1
students) 2
(1) Section 144-- 3
insert-- 4
`(1A) If an arrangement under subsection (1) is a provision of 5
funding as defined under the One Funding System for Better 6
Services Act 2011-- 7
(a) that Act applies in relation to the arrangement; and 8
(b) the chief executive may only make the arrangement if 9
the arrangement has been approved by the Minister as 10
required under that Act.'. 11
(2) Section 144(4), `subsection (3)'-- 12
omit, insert-- 13
`subsection (4)'. 14
(3) Section 144(5) and (6), `Subsection (4)'-- 15
omit, insert-- 16
`Subsection (5)'. 17
(4) Section 144(7), `subsection (4)'-- 18
omit, insert-- 19
`subsection (5)'. 20
(5) Section 144(1A) to (8)-- 21
renumber as section 144(2) to (9). 22
Division 19 Amendment of Waste Reduction 23
and Recycling Act 2011 24
210 Act amended 25
This division amends the Waste Reduction and Recycling Act 26
2011. 27
Page 116
One Funding System for Better Services Bill 2011
Part 12 Amendment of other Acts
[s 211]
211 Amendment of s 70 (Payment of amounts from Waste and 1
Environment Fund) 2
(1) Section 70(3), `Subsection (4)'-- 3
omit, insert-- 4
`Subsection (5)'. 5
(2) Section 70(3) and (4)-- 6
renumber as section 70(4) and (5). 7
(3) Section 70-- 8
insert-- 9
`(3) For subsection (2)(e), the One Funding System for Better 10
Services Act 2011 applies to any provision of funding that is 11
funding as defined under that Act.'. 12
Part 12 Amendment of other Acts 13
212 Consequential amendments 14
Schedule 1 amends the Acts it mentions. 15
Page 117
One Funding System for Better Services Bill 2011
Schedule 1
Schedule 1 Consequential amendments of 1
Acts 2
section 212 3
Housing Act 2003 4
1 Section 20, 22, 30(4)(a) and 31(1), `assistance'-- 5
omit, insert-- 6
`funding'. 7
2 Section 24, `giving assistance'-- 8
omit, insert-- 9
`providing funding'. 10
3 Section 31(1)(b)(ii), `give'-- 11
omit, insert-- 12
`provide'. 13
Police Service Administration Act 1990 14
4 Section 5AA.14(3)(a)(v), examples for subparagraph (v)-- 15
omit, insert-- 16
`Example for subparagraph (v)-- 17
Public Service Act 2008, section 188B'. 18
Page 118
One Funding System for Better Services Bill 2011
Schedule 1
Public Service Act 2008 1
5 Section 155A, definition department of communities-- 2
omit, insert-- 3
`department of communities means the department in which 4
the Disability Services Act 2006 or the One Funding System 5
for Better Services Act 2011 is administered.'. 6
Page 119
One Funding System for Better Services Bill 2011
Schedule 2
Schedule 2 Dictionary 1
section 9 2
appointing chief executive see section 52(1). 3
appropriate Minister, for a department providing funding, 4
means-- 5
(a) the Minister administering the department; or 6
(b) if more than 1 Minister administers the department--the 7
Minister administering that part of the department 8
providing the funding. 9
approved form, for a department who has provided funding 10
received by a funded entity, means a form approved by the 11
chief executive of the department under section 107. 12
authorised officer means a person who holds office under part 13
5 as an authorised officer. 14
certification requirement, for part 5, division 5, see section 15
80(7). 16
compliance notice, for part 4, division 2, see section 24(3). 17
electronic document, for part 5, means a document of a type 18
under the Acts Interpretation Act 1954, section 36, definition 19
document, paragraph (c). 20
entity does not include the following-- 21
(a) a government entity; 22
(b) a statutory body; 23
(c) a GOC; 24
(d) a subsidiary of a GOC; 25
(e) a government entity, statutory body, GOC or subsidiary 26
of a GOC of the Commonwealth or another State; 27
(f) an exempt company. 28
exempt company means a company for which-- 29
Page 120
One Funding System for Better Services Bill 2011
Schedule 2
(a) one or more Ministers or departments-- 1
(i) may exercise more than 50% of the votes at a 2
meeting of the company; and 3
(ii) has the power to appoint more than 50% of the 4
company's board of directors; or 5
(b) one or more Ministers or departments of the 6
Commonwealth or a State, acting together or alone-- 7
(i) may exercise more than 50% of the votes at a 8
meeting of the company; and 9
(ii) has the power to appoint more than 50% of the 10
company's board of directors. 11
funded entity see section 11(1). 12
funded product or service see section 11(2). 13
funding see section 12. 14
funding agreement see section 19(1). 15
general power, for part 5, division 4, see section 75(1). 16
government entity see the Public Service Act 2008, schedule 17
4. 18
help requirement, for part 5, division 4, see section 76(1). 19
identity card, for a provision about authorised officers, means 20
an identity card issued under section 58(1). 21
information notice, about a decision, means a notice stating 22
the following-- 23
(a) the decision; 24
(b) the reasons for it; 25
(c) that the person to whom the notice is given may apply to 26
the chief executive who gave the notice for a review of 27
the decision within 28 business days after the person 28
receives the notice; 29
(d) how to apply for a review. 30
information requirement, for part 5, division 5, see section 31
80(3). 32
Page 121
One Funding System for Better Services Bill 2011
Schedule 2
interested entity, for part 6, see section 89(2). 1
interim manager means a person appointed as interim 2
manager under section 25. 3
notice means a written notice. 4
obstruct includes assault, hinder, resist, attempt to obstruct 5
and threaten to obstruct. 6
occupier, of a place, for part 5, includes the following-- 7
(a) if there is more than 1 person who apparently occupies 8
the place--any 1 of the persons; 9
(b) any person at the place who is apparently acting with the 10
authority of a person who apparently occupies the place; 11
(c) if no-one apparently occupies the place--any person 12
who is an owner of the place. 13
of, a place, for part 5, includes at or on the place. 14
offence warning, for a direction or requirement by an 15
authorised officer, for part 5, means a warning that, without a 16
reasonable excuse, it is an offence for the person to whom the 17
direction or requirement is made not to comply with it. 18
original decision for part 6, division 2, see section 92(1). 19
personal details requirement, for part 5, division 5, see 20
section 78(5). 21
person in control, of a thing, includes anyone who reasonably 22
appears to be, claims to be, or acts as if he or she is, the person 23
in possession or control of the thing. 24
place, for part 5, includes the following-- 25
(a) premises; 26
(b) vacant land; 27
(c) a place in Queensland waters; 28
(d) a place held under more than 1 title or by more than 1 29
owner; 30
(e) the land or water where a building or structure, or a 31
group of buildings or structures, is situated. 32
Page 122
One Funding System for Better Services Bill 2011
Schedule 2
premises includes-- 1
(a) a building or other structure; and 2
(b) a part of a building or other structure; and 3
(c) a caravan or vehicle; and 4
(d) a cave or tent; and 5
(e) premises held under more than 1 title or by more than 1 6
owner. 7
QCAT information notice means a notice complying with the 8
QCAT Act, section 157(2). 9
reasonably believes means believes on grounds that are 10
reasonable in the circumstances. 11
reasonably suspects means suspects on grounds that are 12
reasonable in the circumstances. 13
relevant chief executive-- 14
(a) for part 2, see sections 16(2) and 17(2); or 15
(b) for part 4, division 3, subdivision 1, see section 25. 16
relevant land Act means any of the following-- 17
(a) the Aboriginal Land Act 1991; 18
(b) the Forestry Act 1959; 19
(c) the Land Act 1994; 20
(d) the Nature Conservation Act 1992; 21
(e) the Recreation Areas Management Act 2006; 22
(f) the Torres Strait Islander Land Act 1991. 23
reviewable decision, for part 6, see section 89(1). 24
reviewed decision, for part 6, see section 92(3). 25
reviewing chief executive, for part 6, division 2, see section 26
90. 27
serious concern see section 14. 28
statutory body see the Financial Accountability Act 2009, 29
schedule 3. 30
Page 123
One Funding System for Better Services Bill 2011
Schedule 2
subsidiary, of a GOC, has the meaning given by the 1
Government Owned Corporations Act 1993. 2
© State of Queensland 2011
Page 124
[Index] [Search] [Download] [Related Items] [Help]