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Family Responsibilities Commission Bill 2008
Family Responsibilities Commission Bill
2008
Explanatory Notes
Short Title of the Bill
Family Responsibilities Commission Bill 2008
Objectives of the Bill
The main objectives of the Bill are to support the restoration of socially
responsible standards of behaviour and local authority in the welfare
reform communities and to help the members of those communities to
resume primary responsibility for the wellbeing of individuals and families
in the communities and the communities as a whole. This is to be achieved
by the establishment of the Family Responsibilities Commission (the
commission).
Policy rationale
Context
The Cape York Institute for Policy and Leadership (the Institute) is a public
policy organisation that champions reform of Indigenous economic and
social policies. It is focussed on issues in Cape York, but aims to have a
national influence. The Institute's Director is Noel Pearson of Hope Vale.
In early 2006 the former Premier agreed to participate in the development
phase of the Cape York welfare reform project being led by the Institute.
The project was funded by the Commonwealth Government with in-kind
support by the Queensland Government.
The Institute released a design report From Hand Out To Hand Up in May
2007 with its proposals for a "welfare reform trial" (the trial) in four
communities - Hope Vale, Aurukun, Mossman Gorge and Coen (the
welfare reform communities). The rationale for the trial is the need to
restore social norms and local authority and change behaviours in response
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to chronic levels of welfare dependency, social dysfunction and economic
exclusion.
Following release of the welfare reform trial proposal, and the
Commonwealth Government response to the Little Children are Sacred
(Ampe Akelyernemane Meke Mekarle) report on child abuse in the
Northern Territory in June 2007, the Federal Parliament passed legislation
for welfare reform implementation. The Social Security and other
Legislation Amendment (Welfare Payment Reform) Act 2007 (Cth) (the
social security amendments) provides for:
· the Commonwealth Government's income management
interventions in the Northern Territory; and
· a national income management regime that will apply to any
person in receipt of welfare payments whose child is at risk of
neglect; is not enrolled at school; or fails to attend school
adequately (referred to as the universal measures).
The social security amendments support the trial by anticipating the
establishment of a Queensland Commission to direct Centrelink to place a
person under income management and providing exemption from the
operation of anti-discrimination legislation.
The Premier met with the Federal Minister for Indigenous Affairs on 21
December 2007 when both the State and Commonwealth Governments
committed to the trial commencing as soon as possible. The Premier
committed to introduce legislation to the Legislative Assembly in February
2008 for the establishment of the commission to enable this aspect of the
trial to commence on 1 July 2008.
The trial is commencing at a time when there is a new spirit of cooperation
between State and Commonwealth Governments, particularly in relation to
Indigenous affairs. It is also an example of a true partnership between
government and community through the involvement of the Institute and
the engagement of the four trial communities. This cooperation and
partnership is key to the potential success of the trial.
Policy rationale for trial and commission
The level of disadvantage suffered by Indigenous Queenslanders,
particularly those who live in rural and remote communities, is well
documented. The interim assessment of the effect of alcohol management
plans introduced in 2002 show that while these plans have led to some
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improvements in the safety of women and children, violence and abuse are
still far too prevalent and contribute to ongoing dysfunctions such as poor
parenting and social disruption.
In addition, the Institute contends that a combination of welfare payments,
free or very cheap housing and the program settings of CDEP has meant
there is no incentive for participants to enter the workforce as their income
is satisfactory with limited hours of work. Young people's aspirations are
often no greater than a CDEP placement.
The Community Development Employment Projects (CDEP) program is
an Australian Government funded initiative for Indigenous people. CDEP
programs provide services and manage activities aimed at increasing
employment outcomes, providing business development opportunities and
meeting community needs to benefit participants their families.
In total, nearly 3,000 people are resident in the four welfare reform
communities and there are approximately 1800 people in receipt of
relevant welfare payments or CDEP wages. As of January 2008,
approximately half of the working adults in these communities were in
receipt of CDEP wages.
The Institute puts forward the proposition that persons in receipt of welfare
payments or who are participating in the CDEP program have obligations
not to behave in ways which are detrimental to family or community
wellbeing.
The intent of the trial is to enable Indigenous people to resume primary
responsibility for individual, family and community wellbeing. It seeks to
fundamentally reform the way communities function socially and
economically; and the way governments interact with the communities
through partnership arrangements, service design and delivery, and
capacity-building to address individual and community dysfunctions with a
focus on early intervention. The trial proposes pathways for Indigenous
people to participate in economic activity in and beyond the communities.
The trial has been designed with an emphasis on partnership,
capacity-building, local authority and service enhancement. It therefore
proposes a range of policy, program and service reforms and practical
on-the-ground initiatives to help reduce dependency and dysfunction and
provide pathways to participation in the real economy including:
· additional responses to alcohol, drugs and gambling addictions;
· services to promote child and family wellbeing;
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· interventions in employment, enterprise, education, income
management, and housing; and
· greater investment in community capacity through social and
physical infrastructure.
The trial also has an emphasis on early intervention in order to address
individual and family issues before they escalate and require serious
remedial action. The intention of the trial is to enhance and complement
existing core responsibilities of state and federal agencies. A major
component of the trial, proposed by the Institute, is the establishment of the
commission.
How objectives are achieved
The Bill establishes the commission, a new statutory body consisting of a
legally qualified commissioner, one or more deputy commissioners and
local commissioners comprising respected persons of each trial
community. The commission is regarded as a critical mechanism within
the wider welfare reform trial to support the rebuilding of local social
norms and change in behaviours through attaching reciprocity to welfare
and other government payments.
Broadly, the legislation provides that the commission can intervene where
(a) a person, or the partner of the person, is an eligible recipient of certain
welfare payments or the person is a CDEP participant; and (b) the person
resides, or has lived, in one of the welfare reform communities since the
legislation commenced; and (c) one of the following occurs:
· a child of the person is either not enrolled or is not meeting
designated school attendance requirements;
· there is an intake involving the person by the Department of
Child Safety in relation to alleged harm or risk of harm;
· the person is convicted of an offence in the Magistrates Court; or
· the person, as a tenant, is in breach of a social housing tenancy
agreement.
Hearings of the commission will be by way of a conference-style process
and are to take place in each welfare reform community. The panel which
hears a matter will consist of a legally qualified chairperson with two local
members from that community. There is to be a central registry in Cairns
but with local staff in the communities.
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The conference-style process does not utilise the formal procedures of a
court or tribunal. Rather, it provides a forum for the person, and others who
may have something useful to contribute, to discuss with the panel why and
how the person has come to the situation of being the subject of a notice.
However, this approach is not inconsistent with the person being made to
understand the gravity of the proceeding, both in terms of community
expectations and the possible consequences for the person.
The commission may hold a conference about a person and do one of three
things: give the person a reprimand; recommend or direct that the person
attends community support services; or give Centrelink a notice for the
management of all or some of the person's welfare payment or payments or
for all or some of the person's welfare payment or payments to someone
else, for instance to a responsible family member, who is looking after a
child of the person (income management). The legislation provides for the
commission to attempt to enter into an agreement with a person about
attendance at community support services or income management before
making orders in this regard. This aims to encourage community members
to take responsibility for their actions and to take active steps to address
their inappropriate behaviour.
However, where a person is a CDEP participant, but is not an eligible
recipient of any of the relevant welfare payments, the person cannot be
placed on income management as CDEP is not a welfare payment for
social security legislation purposes.
The regime applies whether a person is Indigenous or non-Indigenous and
continues to apply if the person leaves the welfare reform community.
Comparison with the income management regime in the Northern
Territory
The main purpose of the Commonwealth social security amendments was
to set up an income management regime for recipients of certain welfare
payments, including enabling the establishment of the commission.
With respect to the Northern Territory a person is subject to income
management simply by being present overnight in a declared relevant
Northern Territory area, unless given an exemption to the regime by the
Centrelink Secretary. In Queensland, a person can only be subject to
income management if the person meets the residency requirements and
one of the four issues as described above is raised. However, CDEP is not
captured in the Northern Territory provisions.
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The Institute has always been of the view that CDEP participants should be
covered by the legislation. Inclusion recognises that a significant number
of people are CDEP participants and that it amounts to passive welfare and
should be treated no differently to a welfare payment. It is also recognised
that persons move from welfare to CDEP and back again. By including
CDEP participants within the definition of welfare recipient, confusion as
to whether a person is, or is not, within the jurisdiction of the commission
is minimised.
The commission provides the person with an opportunity to be heard in
relation to the matter. Also, the commission is not confined to giving a
notice that a person be subject to income management. It has a range of
options, including referral to services to assist the person. The conference
process of the commission, and the opportunity to try and reach agreement
with the person about how to address the issues, mean that the commission
is working with the individual, not simply imposing a response on them.
The presence of local commissioners on the panel and registry staff being
in the communities provides the opportunity for significant local
community participation in the process and the outcome.
The universal measures under the Commonwealth social security
amendments also provide that a person may become subject to income
management where (1) State and Territory child protection officers require
a person be subject to the income management regime; (2) the person, or
the person's partner, has a child who does not meet school enrolment
requirements; or (3) the person, or the person's partner, has a child with
unsatisfactory school attendance. These measures will apply to eligible
recipients of certain welfare payments across Australia.
The details of the interaction between the Cape York trial and these
universal measures may be discussed further with the Commonwealth in
the context of any Queensland-Commonwealth negotiations about the
implementation of the income management regime. However, the social
security amendments expressly provide that, where the commission has
given a notice to Centrelink about a person, the person will be subject to
the income management regime pursuant to that notice rather than under
the measures mentioned above.
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Alternative method of achieving the policy objectives
The Government does not consider that the income management regime as
imposed in the Northern Territory (where a person is income managed
simply by virtue of living in a particular area) is an appropriate alternative.
The Institute has spent some time and effort in putting the proposal for the
welfare reform trial together. While it has its critics, and there may be
alternative ways to achieve the policy objectives, the State and
Commonwealth Governments are committed to the trial to test whether the
Institute's proposals have a more positive and sustainable outcome than
those tried to date.
Estimated cost for Government implementation
Existing resources and commitments will need to be re-focussed and better
coordinated to ensure maximum effect, but additional resources will be
required.
A State Government funding package will provide for the basic
architecture of the trial incorporating:
· the operation of the commission including appeal processes;
· project management funding including a contribution to the
Institute;
· pool funding for additional service enhancements, available on
an as-needs basis to support both government and
non-government service provision;
· alcohol and other substance services in response to the recent
Queensland review; and
· external evaluation of the trial assessing the efficacy of the trial
and adding to the evidence base of service delivery responses in
Indigenous communities.
This package of new funding will complement the Commonwealth funding
package for the trial of $48 million over the four years which incorporates
matched funding for program management to the Institute, the operation of
compulsory and family income management systems, educational,
employment and economic development programs, and the independent
evaluation of the trial. In addition the Commonwealth has provided one off
funding of $3.5 million to support the establishment of the commission.
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Consistency with Fundamental Legislative Principles
There are a number of issues which may be regarded as infringing
Fundamental Legislative Principles.
Discrimination
The legislation may be regarded as being inconsistent with the Racial
Discrimination Act 1975 (Cwth) and the Anti-Discrimination Act 1991
(Qld) since the legislation focuses on particular Indigenous communities or
particular communities with a significant Indigenous population. The
Commonwealth social security amendments contain provisions to exempt
the operation of the commission from the operation of these Acts. Since
the commission is a trial specifically focussed on communities with
substantial Indigenous populations with the view to changing behaviours of
some people in these populations, this is not inappropriate. The leaders of
the four trial communities have been involved in the Cape York Welfare
Reform Steering Committee and as recently as 20 February 2008 have
expressed strong support for the legislation and the trial more generally.
The Explanatory Notes to the Commonwealth social security amendments
included the following in relation to the discrimination issue:
The provisions of the bill that relate to the Northern Territory national
emergency response and the Queensland Commission recognise the
importance of Australia's obligations under international law:
The Convention on the Rights of the Child requires Australia to
protect children from abuse and exploitation and ensure their survival
and development and that they benefit from social security. The
International Convention for the Elimination of All Forms of Racial
Discrimination requires Australia to ensure that people of all races are
protected from discrimination and equally enjoy their human rights
and fundamental freedoms.
Preventing discrimination and ensuring equal treatment does not mean
treating all people the same. Different treatment based on reasonable
and objective criteria and directed towards achieving a purpose
legitimate under international human rights law is not race
discrimination. In fact, the right not to be discriminated against is
violated when governments, without objective and reasonable
justification, fail to treat differently people whose situations are
significantly different.
.....................
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In the case of Indigenous people in the Northern Territory, there are
significant social and economic barriers to the enjoyment of their
rights to health, development, education, property, social security and
culture.
The provisions of this bill that relate to the Northern Territory national
emergency response and the Queensland Commission reforms are the
basis of action to improve the ability of Indigenous peoples to enjoy
these rights and freedoms. This cannot be achieved without
implementing measures that do not apply in other parts of Australia.
The bill will provide the foundation for rebuilding social and
economic structures and give meaningful content to Indigenous rights
and freedoms........
Use of regulation
The Bill provides for areas to be added to the definition of welfare reform
community area by way of regulation. It might be argued that the precise
coverage of the community areas should be a matter for the primary
legislation as the regulation would extend the coverage of the legislation
without appropriate consideration by Parliament (a "Henry VIII" clause").
The geographical scope of the legislation has been difficult to specify for
Coen and Mossman Gorge because they are not discrete communities in
the same manner as Aurukun and Hope Vale. Hope Vale and Coen also
have outstations which do not have readily available descriptors of the
geographical areas involved. The Government will ensure the necessary
Regulation is in place before the commencement of the trial, so that
community members can be assured of what constitutes a community area.
Once the trial has started, enabling further areas contiguous to the four
communities to be included in the trial will ensure community members
cannot avoid the trial by establishing new outstations and living there, but
continuing to engage in inappropriate behaviour in the communities.
The limit of 12 months for the regulation will ensure that the extension of
geographic coverage is put into primary legislation as soon as possible.
The Bill also provides for non-government housing providers in welfare
reform communities to be prescribed by regulation. One such provider is
presently under administration under the Corporations Act. More
generally, such community-based organisations' involvement in housing
provision may be subject to change at short notice. At the time of
introduction, the Government intends to prescribe the Coen Regional
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Aboriginal Corporation and Bamanga Bubu Ngadimunku Inc (which
provide housing in Coen and Mossman Gorge respectively).
Double jeopardy
It could be argued that with respect to the commission dealing with matters
relating to child abuse/neglect; tenancy breaches; and offending behaviour,
that a person is being dealt with twice for the same behaviour. However, it
is considered that there is no breach of the double jeopardy rule as the
purpose of the income management regime is not punitive.
Net widening
The chief executive of the Department of Child Safety is required to advise
the commission in relation to any notification of alleged harm or alleged
risk of harm to a child. It does not require that the allegation be proved,
investigated, or even notified to the subject adult. This could be regarded
as lack of natural justice. However, a major focus of the trial is wellbeing
of children. The commission's early intervention into issues concerning the
safety and wellbeing of children in the communities aims to prevent the
development of more serious problem behaviour. To the extent that this has
a net-widening effect, this is considered justified as it does not affect a
person's liberty or deprive a person of income. Further, the Department of
Child Safety is supportive of the fact that the commission will have the
capacity to act on matters of concern that do not meet the standards
required for the Department to act on a matter.
Appeal
Appeal is only on a question of law. This would include where the person
asserts that the commission did not have jurisdiction to make a decision:
that is, where a person asserts that the person (or the person's partner) was
not an eligible welfare recipient at the time; the person was not a CDEP
participant; or the person was not a resident of a trial community in the
terms of the legislation. However, it would also enable appeal on grounds
such as the decision being manifestly unreasonable.
While this may be considered a significant limit on a person's ability to
appeal a decision affecting them, the Government considers that the best
body to decide what services a person should attend or whether their
income should be managed is the commission which is community-based
and has local representation. Internal merits review is not possible as there
is no higher body within the commission than the panel which sat. Any
other external appeal will necessarily involve people who are not connected
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with the community, which may undermine a key tenet of the trial, namely
that the communities should take responsibility for their issues.
By making the Magistrates Court the appeal body, it is anticipated that
appeals could be heard in a relatively short time. All communities have
regular access to a Magistrates Court.
The Bill also clarifies that the Ombudsman may investigate administrative
actions of the commission. This will ensure that the operation of the
commission is subject to review. Review by the Ombudsman may extend
both to commission processes and the merits of individual decisions.
The Bill provides that a decision of the commission will not be stayed
pending an appeal. An order that a person attend an accessible service is
more likely to be of benefit, rather than be prejudicial, to the person. An
order that the person's income be managed does not deprive them of the
income. It is considered that permitting decisions to be stayed is likely to
undermine the effect of the trial by encouraging community members to
attempt to avoid the application of a decision by the commission by
lodging an appeal.
Privacy and confidentiality
The commission will receive sensitive and confidential information about
people over whom it finds it does not have jurisdiction. In order to have a
workable information exchange regime for the trial, it has been difficult to
avoid this outcome. The commission is only in a position to ascertain
whether a person resides or lives in the community and is an eligible
welfare recipient once it has received a notice once about a person.
Provision has therefore been made for the destruction of notices and any
associated material where it is established that the person is not within the
jurisdiction of the commission.
A further issue with respect to child safety is that where the Department of
Child Safety decides that no further action is warranted at the time and an
intake is not investigated, the first that the person may know about the
allegation made to Department is when the person receives a notice from
the commission to attend a conference. The Department has indicated that
it believes it can manage this through development of a protocol or
Memorandum of Understanding with the commission.
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Consultation
Community
There has been no public consultation on the Bill. However, there has been
ongoing consultation with specific stakeholders.
Queensland Government officers have had significant engagement with the
Institute in relation to the drafting of the Bill.
The Cape York Welfare Reform Steering Committee, comprising senior
representatives from Commonwealth and Queensland Government
agencies, the Institute and community leaders from the four trial
communities, met on 20 February 2008 and expressed strong support for
the legislation and the trial more generally.
The Institute has been engaging communities since 2006. Community
leaders have also been engaged through shared participation in the Welfare
Reform Steering Committee and through dialogue between Government
Champions and Government Coordinators with community leaders and
members at Negotiation Tables and other forums.
The peak bodies of the non-state school sector and the unions whose
members may be affected by the trial were consulted during the week of 18
February 2008. For the former, the major focus was the impact on
approximately 20 boarding schools outside the communities with an
estimated 70 students from the four trial communities.
There have also been discussions with the relevant social housing
cooperatives in the communities of Mossman Gorge and Coen.
Government
There has been significant discussion with the key agencies which will be
affected by the legislation - the Departments of Housing; Education,
Training and the Arts; Child Safety; Justice and Attorney-General;
Queensland Corrective Services; the Queensland Police Service; the
Magistrates Court and the Queensland Ombudsman's Office. Agencies are
supportive of the legislation so that the trial can proceed. However,
agencies are keen to have the trial monitored and evaluated, especially for
any unintended outcomes.
The Department of Education, Training and the Arts has noted that the
attendance requirement is higher than the general standard for school
attendance in the State.
The Solicitor-General's advice has been obtained on the Bill.
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There has been regular discussion with officers from the Commonwealth
Government, particularly in relation to the interaction of the Bill and the
federal social security legislation. Once the commission is established, it
can be specified in a legislative instrument for the purposes of the income
management regime in Part 3B of the Social Security (Administration) Act
1999.
Notes on Provisions
Part 1 Preliminary
Short title
Clauses 1, 2 and 3 provide for the short title of the Act, commencement of
the provisions of the Act and that the Act binds all persons, including the
State and Commonwealth Governments.
The provisions which enable the chief executive of the Department of
Education, Training and the Arts to give personal information about a
student are to commence on assent in order to support education services
which are part of the broader welfare reform trial and which it is
anticipated will commence operation before the commission. The
remaining provisions will commence on proclamation.
Division 2 Objects and principles of Act
Clause 4 sets out the main objects of the Act and that the objects are to be
achieved by the establishment of the Family Responsibilities Commission
(the commission).
Clause 5 sets out the principles by which the Act is to be administered.
Both the objects and the principles refer to socially responsible standards
of behaviour. This is defined in the Dictionary. It is about behaviour which
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relates to school attendance; the safety and welfare of children; drug and
alcohol use, gambling and violence; and tenancy obligations.
With respect to the principles, the Act is to be administered under the
principle that the wellbeing and best interests of the child are paramount.
Division 3 Interpretation
Clause 6 provides for the dictionary.
Clauses 7 and 8 provide the definitions for the key terms of community
member and welfare recipient respectively by way of defining which
persons are subject to the legislation.
For a person to be covered by the Act:
(1) the person, or the person's partner, must be an eligible recipient of
certain types of welfare payment; or the person must be a CDEP
Scheme participant; and
(2) the person's usual place of residence is, or was when the Act came
into force, in a welfare reform community area; or the person has lived
in the community for at least 3 months since the Act came into force.
How the criteria in part (2) can be established is discussed at clause 48. It
includes considering a person's postal address, the last address provided to
Centrelink, the school at which a child of the person is enrolled, and the
address of any premises for which the person has a tenancy agreement.
A distinction has been drawn between "usual place of residence" and
"living". This is to reflect that people move in and out of communities and
also regularly visit family, often for periods of time. For the purpose of the
trial, it important that anyone who is effectively part of the community for a
period of time should have to abide by the community's rules and
standards, and not be able to frustrate the trial by being physically absent
from a community for a short time.
A welfare reform community area is defined in the dictionary and at the
time of the passing of the legislation included Aurukun, Hope Vale, Coen
and Mossman Gorge. However, other communities can be added by
regulation. It is anticipated that this would be at the request, or with the
agreement, of communities as is the case with the current communities.
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For Aurukun and Hope Vale, these areas equate to the local government
boundaries. For the Coen and Mossman Gorge areas, administrative plans
(plans numbered AP19403 and AP19404 respectively) have been
developed which can be accessed by the public through the Department of
Natural Resources and Water. They will also be placed on the website of
the Department of Premier and Cabinet.
The Bill provides that other areas which are next to or near one of these
areas can be included in these areas by regulation. This is to ensure that,
for example, appropriate outstations, or other places with connection to,
and which are used by, community members, can be included in the area in
order to meet the intent of the Bill.
The Act will apply irrespective of whether a person is Indigenous or
non-Indigenous. If a person comes within the jurisdiction of the legislation,
it continues to apply if the person leaves the community. It will cease to
apply if a person is no longer an eligible welfare recipient.
Part 2 The Family Responsibilities
Commission
Division 1 Establishment, functions and powers
Clauses 9, 10 and 11 establish the commission and set out its functions
and powers. The powers are limited to those which are necessary to
perform its functions.
Division 2 Membership
Clause 12 provides that the commission comprises the commissioner, any
deputy commissioners, and local commissioners (commission members).
Local commissioners are appointed for a specific welfare reform
community. All members are appointed by Governor in Council.
Appointment of a deputy commissioner or deputy commissioners is not
mandated. Once the workload of the commission is identified,
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consideration will be given as to whether the appointment of a deputy
commissioner is required.
Clauses 13 and 14 provide for the selection of commission members.
With respect to local commissioners, nominations should come from the
welfare reform communities themselves rather than be imposed from
outside. Nominations must be by a statutory community justice group. If
there is no statutory group, nomination will be by community groups which
are involved in court, diversion/rehabilitation or local justice or a group of
elders or respected persons which the Minister considers are appropriate
entities to nominate. The Minister must, if practicable, only select persons
nominated by this community process.
Local commissioners are considered a vital part of the commission and its
processes as they are the means by which the communities can fully
participate in encouraging some community members to change their
behaviours. This will also support the re-establishment of local authority.
For these reasons local commissioners have a decision-making rather than
an advisory role.
The provisions therefore provide for a balance of men and women and that
clan and family groups are properly represented.
Clauses 15 and 16 relate to terms and conditions of appointment for
commission members.
Clauses 17 and 18 set out the eligibility requirements to be appointed as a
commission member.
Clauses 19 and 20 detail when a person is disqualified from becoming or
remaining a commission member. In particular, a person's own behaviour
must be such as to make the person suitable for being a member of the
commission. Disqualifying factors include the person is convicted of
certain offences, is insolvent, has had a protection order against the person
in the five years prior to commencement of the legislation and where the
Minister is advised that the person may pose a risk to a child's safety.
Clause 21 describes when the office of a commission member becomes
vacant.
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Division 3 Functions and powers of
commissioner
Clauses 22 to 25 provide for the functions and powers of the
commissioner; when the commissioner may delegate these to a deputy
commissioner or the registrar; and when a deputy commissioner may act as
the commissioner.
Division 4 Miscellaneous
Clause 26 confirms that the commission is an independent body and is not
subject to direction by the Minister. The independence of the commission
is considered to be important as it confirms the authority of the members of
the commission, particularly the local members.
Clause 27 is a standard legislative provision. In particular, it enables a
request to be made to the police commissioner for a written report, and for
the police commissioner to provide the report, for the purposes of a
criminal history or a domestic violence history check in relation to
potential commission members. It contains the usual safeguards that a
person must be given a copy of the report and that the report is destroyed as
soon as practicable after it is no longer needed.
Clause 28 enables the Minister to obtain at the time of selection, or be
given at a later date, a notice from the chief executive of the Department of
Child Safety about whether the chief executive considers the person may
pose a risk to a child's safety. Similar safeguards to those in clause 27 are
also provided in this circumstance.
Clause 29 provides that a commission member must advise of any change
in the member's criminal history or any protection protection orders made.
Clause 30 is a technical clause which deals with the commission's
financial accountability.
Clause 31 makes clear that the Queensland Ombudsman may investigate
administrative actions of the commission, including its deliberative actions.
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Part 3 The Registry
Clauses 32 to 39 provide for the establishment of the registry for the
commission, including staff and the functions and powers of the registrar
and delegation of the powers and functions.
With respect to the registrar's function to prepare case plans for a person
who is to attend community support services, it is anticipated that the
registry staff will include case managers who will undertake this work.
An innovative feature of the legislation is the provision for local registry
coordinators. The registry as such will be based in Cairns. However, in
accordance with the policy that the commission operates at the local level
with local involvement, it is anticipated that the registry will be represented
in the welfare reform communities by local registry coordinators.
Clause 38 makes specific reference to the function of the local
coordinators in the communities. Under Part 10, local coordinators may
also be the point of contact for welfare reform community members who
voluntarily refer themselves to the commission, either for referral to
services or for income management.
Clause 39 complements clause 26 (commissioner is not subject to the
direction of the Minister) by clarifying that the registrar and other registry
staff are only subject to the direction of the commissioner with respect to
the administration of the commission and the management of the registry.
Part 4 Agency notices
Division 1 Requirements about giving agency
notices
This division provides what matters are to be referred to the commission
for possible intervention and when and how information is provided to the
commission about these matters.
Broadly, the commission will be advised if one of the following occurs: (1)
a child is either not enrolled or is not meeting designated school attendance
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Family Responsibilities Commission Bill 2008
requirements; (2) there is an intake alleging harm or risk of harm involving
a person to the Department of Child Safety; (3) a person is convicted of
offences in the Magistrates Court; or (4) a person, as a tenant, is in breach
of a social housing tenancy agreement.
For each issue there are two scenarios: (1) where the issue happens in the
community area and (2) where it occurs outside the community area or
involves someone who is outside the community area. Although the latter
presents some administrative difficulties, it is important that people cannot
avoid commission intervention by simply leaving the welfare reform
community in which the person is living. In addition, it is important to
address the issue of displacement, that is, another community being
disrupted by the person's unacceptable behaviour.
Notice about school attendance
Clause 40 provides that in relation to a school in the welfare reform
communities, the principal must give a notice to the commission if a
student of compulsory school age who is enrolled at the school is absent
from school for three school days (full or part days) in a school term and
the principal is not satisfied that there is a reasonable explanation for the
child's absences.
Where a child is attending a school (state or non-state) outside the welfare
reform communities, the same situation applies, except that the principal's
responsibility to give a notice to the commission arises only when the
principal realises that the student, or a parent of the student, lives, or has
lived, in a welfare reform community since the Act came into force.
Aside from the general policy consideration that the legislation should
cover members of the welfare reform communities if they leave
community, this provision is necessary to include the children of Mossman
Gorge who attend school in Mossman, some of whom attend a private
school there.
In considering whether a student is absent, or whether there is a reasonable
explanation for the absence, the principal must have regard to any
commission guidelines about student attendance at schools. It is
anticipated that the commission will liaise with the schools and
Department of Education, Training and the Arts in the development of any
guidelines.
The clause sets out the timeframes and contents of the notice.
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Family Responsibilities Commission Bill 2008
Notice about school enrolment
Clause 41 provides that the chief executive of the Department of
Education, Training and the Arts must send a notice to the commission if
the chief executive becomes aware that a child of compulsory school age is
not enrolled at a school and the child, or one the child's parents, lives in a
welfare reform community, or has lived in a community since the Act came
into force.
The clause sets out the timeframes and contents of the notice and provides
for legal reasons for non-enrolment.
Notice about child safety and welfare matters
Clause 42 provides that the chief executive of the Department of Child
Safety must give the commission a notice where the chief executive
becomes aware of alleged harm or risk of harm to (1) a child in a welfare
reform community, or (2) in relation to a child where it is reasonably
believed that the person who is alleged to be responsible for the harm or
risk of harm is living, or has lived, in a welfare reform community.
The definition of harm is that used in the Child Protection Act 1999 (CPA).
The clause sets out the timeframes and contents of the notice.
The Department must provide the notice irrespective of whether it
considers there are sufficient grounds for it to commence action under the
CPA. This means that virtually all contacts, other than enquiries, with the
Department must be referred to the commission. This may therefore be
considered to be a very low threshold. However, one of the aims of the trial
is early intervention. The Department does not have authority to intervene
until there is evidence that the child needs to be taken into care. The need
to take a child into care could be averted if there was an opportunity for
earlier intervention.
Notice about offences
Clause 43 provides that the clerk of the Magistrates Court which has
jurisdiction for a welfare reform community must give a notice to the
commission when a person is convicted by the court of an offence.
The clause also provides the clerk of a Magistrates Court in any other court
in Queensland must provide a notice to the commission if the clerk is
advised that a person who is convicted by the court is living or has lived in
a welfare reform community.
The clause sets out the timeframes and contents of the notice.
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Family Responsibilities Commission Bill 2008
The notice is limited to convictions in the Magistrates Court jurisdiction in
line with the focus on early intervention. More serious offences dealt with
in the District Court are likely to attract a penalty which includes some
level of monitoring (be it in the community or in detention) and behaviour
program opportunities. Matters dealt with by the Supreme Court are not
suitable for intervention by the commission and may attract a significant
jail term which will go beyond the trial period.
Notice about residential tenancy agreement
Clause 44 provides that with respect to residential rental premises provided
by way of social housing, the lessor must give the commission a notice if
the lessor is satisfied that the premises are being used, or have been used
for an illegal purpose; where the tenant has not complied with a remedy
notice in relation to a number of other breaches; or where the tenant has
failed to pay the rent and has not addressed the default. In addition, if the
tenant commits two such breaches in a six-month period, the lessor must
give a notice to the commission, irrespective of whether the breaches are
remedied.
The notice must be given where (1) a person has a tenancy agreement for
social housing premises in a welfare community area or (2) where a person
who was such a tenant at or after the commencement of the provision now
has a residential tenancy agreement with the housing department for social
housing elsewhere in Queensland.
Social housing means housing provided by the housing department, local
government or another entity prescribed under regulation. It is anticipated
that a prescribed entity will be in the nature of a housing cooperative or
similar.
The clause sets out the timeframes and contents of the notice.
Division 2 Miscellaneous
Clause 45 makes it clear that with respect to the requirement to give
notices for people or issues occurring outside the trial communities, the
entity which must provide the notice is not required to undertake any
investigation to establish whether a notice should be given.
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Part 5 Commission's conferences
about agency notices
This part sets out how the commission deals with notices which are given
to it. Considering the outcomes which it is anticipated the legislation and
the commission will achieve and that the commission should be able to
respond quickly to notices, the hearings of the commission are to be in the
style of a conference and to that extent informal in nature. However, that
relative informality is not inconsistent with the person being made to
understand the gravity of the proceeding, both in terms of community
expectations and the possible consequences for the person.
Division 1 Preliminary
Clause 46 explains the purpose of the conference. Broadly, the issues
relating to the notice will be discussed, where possible agreement will be
reached with the person on what action the person will take, but the
commission may direct the person to services or income management if
agreement cannot be reached.
Clause 47 provides criteria which the commission must consider in
deciding whether to hold a conference in relation to a notice. In light of the
possible workload of the commission, it is considered that the commission
may need to prioritise those matters which come before it.
In addition, if it becomes clear that a person is not within jurisdiction --
that is, the person, or the person's partner, is not an eligible welfare
recipient, and the person is not a CDEP Scheme participant, or the person
is not, or has not been usually resident or lived in a welfare reform
community -- then it should not be necessary for that person to be brought
before the commission. It will therefore be necessary for the commission to
be sure that any person coming before it is in jurisdiction.
Clause 48 sets out matters which would be relevant for the commission to
consider in establishing the residence/living requirement.
In relation to welfare payments or CDEP participation, this will be
ascertained by requesting Centrelink to provide confirmation of a person's
status. The Bill has information sharing provisions to enable the exchange
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Family Responsibilities Commission Bill 2008
of information between the commission and Centrelink for this purpose
(Part 8).
Division 2 Jurisdiction and operation
Clause 49 confirms that the commission may only hold a conference if the
person is in jurisdiction (see note for clause 48 above).
Clauses 50 to 55 provide for the constitution of the commission for
individual conferences. The commission is to be made up of the
commissioner and two local commissioners from the welfare reform
community in which the person lives or has lived and for which the local
commissioners are appointed. A local commissioner can only participate
in a conference if the local commissioner has completed the relevant
training.
The local commissioners are to be nominated by the local coordinator after
consulting with the "pool" of local commissioners for the particular
community and taking into account the clan and family group implications
and issues of gender.
Provision is made to address conflict of interest situations for commission
members and the possibility of a local commissioner ceasing to be able to
be part of the commission for a conference. With respect to the latter, there
will always be two local commissioners participating. This is to ensure
that local community participation is not undermined.
Clause 54 provides that there are to be no legal representatives at the
conference. The only exception is where the commission considers it is in
the interests of justice for the person who is the subject of conference to be
legally represented. Since the reason for the conference-style process is to
try and engage the person, then generally the person and the other people
present need to be actively involved.
Clause 55 provides that conferences are privileged and things said and
documents prepared for, or in the course of, a conference cannot be used in
any proceedings other than an appeal from a commission decision. This is
an important provision as the person is less likely to participate fully in the
conference, and accept and commit to addressing the issues which have
brought the person to the conference, if information can be used against
them in other forums.
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Division 3 Conference procedures
Clauses 56 and 57 provide for how and when a conference is to happen. It
confirms the informal nature of the proceedings whilst ensuring natural
justice. It also enables conferences to take place other than face to face.
This is primarily intended to enable conferences where the notice is in
relation to a person who has left the community, but possibly to ensure
timely conferences can be held, for example, during the wet season when
access to a community may be difficult.
Clause 58 provides that conferences can only be held within stated
timeframes, in general within one year of receipt of a notice.
Clause 59 allows the commission to deal with more than one notice in
relation to a particular person at the same conference or more than one
person in respect of the same notice at the same conference.
Clause 60 sets out the people who may take part in a conference and
confirms that the conference is to be held in private. Again, this is because
of the conference-style of proceeding which can encourage a person to be
open and address his or her issues. This is less likely to happen if people
with no direct interest in the matter are present.
Clause 61 directs that the commissioner must give a notice to the person
who is the subject of the conference and any other person the commissioner
considers may be able to assist the commission and details what must be in
the notice. The commission can require a notifying agency to attend the
conference.
Clause 62 enables the commissioner to find out the views of relevant
people who are not able to attend the conference and bring this information
to the conference. The commissioner must advise the person who is the
subject of the conference of these views at least three days before the
conference.
Clause 63 provides further direction on how the conference is to be
conducted.
Clause 64 provides for the adjournment of a conference.
Clauses 65 and 66 address the situation when a person who is the subject
of the notice does not attend a conference. The commissioner must
reschedule the conference and give the person a notice about the new time
and place. If the person fails to attend a second time, the commission may
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Family Responsibilities Commission Bill 2008
make a decision in the person's absence, including referral to income
management.
Clause 67 directs that a record must be kept in relation to each conference
and the matters which must be part of that record.
Part 6 Commission's decisions at
conferences
Division 1 Decisions
Clause 68 and 69 set out the decisions which can be made by the
commission and when and how a family responsibilities agreement can be
made. The commission can take no action; give a reprimand; make a
recommendation to attend community support services; make a direction to
attend community support services; or give a notice to Centrelink that the
person be subject to income management. The commission may take more
than one of these actions.
If the commission decides that taking no action, giving a reprimand or a
recommendation to attend services is not appropriate, before making an
order directing a person to attend community support services (see below)
or to be subject to income management, the commission must to try and
reach an agreement (family responsibilities agreement) with the person
about what the person will do to address the issues raised by the agency
notice. The conference provides an opportunity for the person to fully
participate by making a choice about what the person will commit to. This
commitment will also make it more likely that the outcomes of the trial will
be achieved and be sustained.
Clause 68 sets out what should be in a family responsibilities agreement
and time limits.
If it is not appropriate or possible to make a family responsibilities
agreement, the commission must consider whether it would be more
appropriate in all the circumstances for the person to be directed to attend
community support services before deciding to give a notice to Centrelink
that the person be subject to income management (clause 69).
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Family Responsibilities Commission Bill 2008
As noted previously, a person who is a CDEP participant but is not in
receipt of any relevant welfare payments cannot be placed on income
management whether under a family responsibilities agreement or a family
responsibilities order.
Division 2 Notice of decisions
Clause 70 provides that a person who is the subject of a notice and
conference must be given a notice about the decision of the commission
and details what must be in the notice. It also provides that a direction to
attend community support services can be for up to one year and a
direction that a person be placed on income management must be for at
least three months but no more than one year.
Division 3 Criteria for making decisions
Clause 71 sets out a number of criteria for the commission to consider
when making a decision directing a person to attend community support
services or requiring that a person be subject to income management. It
must have regard to how the decision is likely achieve the objects of the Act
and facilitate early intervention in addressing issues.
Clause 72 provides that when making a decision in relation to a child
safety notice to recommend or direct the person attend community support
services, the commission must have regard to any case plan which the
Department of Child Safety has in place under the CPA.
The clause reflects that it is very important that the commission does not
duplicate or detract from work which the Department is already doing with
the person, the child and the family.
Division 4 Other matters
Clause 73 provides that where a person agrees, or is ordered, to attend a
community support service, the registrar must be advised.
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Family Responsibilities Commission Bill 2008
It is likely that this will happen at the conference if the local registry
coordinator is in attendance. The registrar is responsible for drawing up a
case plan in relation to attendance at services. It is anticipated that case
managers will be on the registry staff to deal with this aspect of the
registrar's work.
Clause 74 stipulates what must be provided to Centrelink where there is a
family responsibilities agreement or order for income management. The
notice must include details about the period (at least three months but no
more than one year), that the person is to be subject to income management
and the proportion of the welfare payments that should be managed. It is
open for the commission to provide an overall proportion for all welfare
payments that a person receives or specify the proportion in relation to
specific payments.
Clause 75 is a procedural provision providing for notice of revocation of an
existing notice to be given to Centrelink where the commission decides,
following a conference about a new agency notice, that a person already on
income management should be subject to a further notice to Centrelink.
Part 7 Provisions about case plans
Division 1 Case plans
Subdivision 1 Preliminary
Case plans must be developed where a person agrees, or is ordered by the
commission, to attend a community support service or services
(compulsory case plans).
The definition of community support services is quite broad, covering
"services and activities" which will help an individual in relation to the
individual's own wellbeing; the wellbeing of a member of the individual's
family; and socially responsible standards of behaviour. The latter
includes school attendance, among other issues, and therefore programs
such as the welfare reform trial Case Management Framework, and the
School Attendance Case Managers employed to implement it, will be
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Family Responsibilities Commission Bill 2008
within the concept of community support services. Examples given of
community support services in the dictionary include services relating to
matters about health, education, employment or training; money
management; drug and alcohol rehabilitation; gambling or anger
management.
As noted above, it is anticipated that case managers will be on the registry
staff to deal with this aspect of the registrar's work.
Clause 76 explains what a case plan is, the purpose it serves, and what it
must include.
Subdivision 2 Particular provisions about case
plans
Clauses 77 to 80 provide for how a compulsory case plan must be prepared
and recorded and how the person must be advised about the plan.
The Bill provides that the commissioner must endorse the plan and can
request that it be amended where, for example, the commissioner considers
it does not adequately address the issues of concern to the commission in
relation to the person's behaviour.
Division 2 Non-compliance with compulsory
case plans
Clauses 81 to 89 provide for what is to happen if a person does not comply
with a compulsory case plan. The commission may give the person a
notice requiring the person to show why it should not take a specified
course of action in response to the non-compliance.
If the person is not subject to income management at the time, the
commission may direct that the person be subject to income management
(unless the person is a CDEP participant and neither the person nor the
person's partner is in receipt of relevant welfare payments). If the person is
subject to income management, the commission may increase the period of
income management or the proportion of the person's welfare payments
which are to be deducted. However, any increase must not result in a
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Family Responsibilities Commission Bill 2008
person being subject to income management for more than one year from
the original decision.
The person must be given at least 21 days notice of the time and place
when the person may attend and explain in person why the commission
should not take the action it has outlined. If the person wants someone else
to make representation to the commission, the commission must allow this.
It may allow a lawyer to do this if it considers it is in the interests of justice
for the person to have a legal representative.
After hearing the person, the commission may decide not to take any action
or to amend the case plan rather than take the action it outlined in the
notice. If it does decide to take the proposed action, it must provide a
notice to Centrelink.
Part 8 Information exchange
For the legislation to operate effectively, information must pass between
the commission and a number of agencies, including Centrelink.
Division 1 Preliminary
Clauses 90 and 91 provide definitions for prescribed entity and relevant
information for the purposes of Part 8.
Division 2 Particular provisions about
information exchange
Clause 92 provides that the commission may give personal information
about a person:
(1) to a prescribed entity to enable the entity to provide relevant
information back to the commission or to coordinate support services.
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Family Responsibilities Commission Bill 2008
(2) to Centrelink to assist the commission to establish that a person is in
receipt of a welfare payment, that the person meets the residence
requirements under clause 7 and to make other decisions about the person
under the Act.
(3) to certain entities, including Centrelink and relevant state government
agencies for the purpose of evaluating the operation of the legislation.
Personal information about a person, means information or an opinion,
whether true or not, about individual whose identity is apparent, or can
reasonably be ascertained, from the information or opinion.
Clause 93 provides that the commission may request relevant information
from a prescribed entity.
Relevant information is broadly information which may assist the
commission in its decision-making. The entity must comply with the
request unless it may be prejudicial or identify confidential sources.
Clause 94 enables the chief executive for education to provide information
to entities involved in the provision of education programs and services
being implemented in the welfare reform community areas as part of the
welfare reform trial. These projects include the following:
· The Case Management Framework - under this framework,
School Attendance Case Managers employed by Cape York
Partnership Projects Pty Ltd will liaise between schools and
parents to follow up on school absences and encourage school
attendance and enrolment.
· MULTILIT - a literacy program for Indigenous primary school
students in the welfare reform community areas, whose reading
progress is low and to improve the engagement of these students'
parents in their education.
Clause 95 provides protection to a person who provides information to the
commission, the commissioner, the registrar or another entity under the
Bill honestly and on reasonable grounds.
Clause 96 clarifies the interaction of the information sharing provisions in
this Act with other laws.
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Family Responsibilities Commission Bill 2008
Part 9 Amending or ending family
responsibilities orders
Clauses 97 to 104 provide the process to enable a person to have a family
responsibilities agreement or order amended or ended. This includes what
an application must contain and what action the commission may take.
The commission may request further information from the applicant.
To ensure that applications are genuine, provision is made for the person to
provide reasons for seeking the amendment or termination when making
the application. The commission can also decide to dismiss the application
if it considers the application is frivolous or vexatious.
Where practicable, the panel which dealt with the person's matter
originally should deal with the application. The commission can only
amend or end the agreement or order if it is satisfied this action is not likely
to be detrimental to the interests, rights and wellbeing of children and other
vulnerable people in the relevant community area. However, any increase
in the period of income management cannot result in the person being
subject to income management for more than one year from the original
decision.
If there is an amendment in relation to income management, a notice must
be sent to Centrelink.
A person may appeal a refusal to amend or end the agreement or order or a
decision to amend it in a way other than that requested.
If the commission decides to amend a case plan in relation to a person's
attendance at services, either under a family responsibilities agreement or
order, the registrar must make the amendment and the amended plan must
be endorsed by the commissioner. However, any increase in the period of
income management cannot result in the person being subject to income
management for more than one year from the original person.
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Family Responsibilities Commission Bill 2008
Part 10 Voluntary referrals to
commission
As clause 105 states, the purpose of this Part is to provide a process
whereby a person may voluntarily seek help from the commission in
relation to a child's school attendance; a child's safety and welfare; the
person's conduct such as drug or alcohol use, gambling, offensive
behaviour or violence; or in relation to their conduct as a tenant.
Clauses 106 to 109 enable a voluntary referral for access to community
support services and income management for people who would be subject
to the jurisdiction of the commission in terms of residence and welfare or
CDEP status. Where the referral is in relation to services, the person can
approach the local registry coordinator. A case manager can be appointed
to assist the person by preparing a case plan and assisting the person to
attend appropriate services.
If the person wishes the commission to give Centrelink a notice that the
person be subject to income management, the commissioner must be
satisfied that this is in the best interests of the person, a child of the person
or other family member. The commissioner may then enter into a
voluntary agreement with the person for this. A person who is a CDEP
participant cannot make a voluntary agreement unless the person is also an
eligible welfare recipient.
Clause 109 details the process if a person wants to amend or end a
voluntary agreement. The commissioner must amend the agreement as
requested unless the commissioner is satisfied to do so would be
detrimental to the interests, rights and wellbeing of children and other
vulnerable people in the relevant community area. The commission must
then provide a notice to Centrelink.
The person has the right to appeal a refusal to amend or end the agreement.
Part 11 Appeals
Clauses 110 to 115 provide for an appeal against a family responsibilities
order; a decision relating to a show cause process following an alleged
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Family Responsibilities Commission Bill 2008
breach of an order; and a decision on an application to amend or end a
family responsibilities order or agreement. Appeals are only on a question
of law to the Magistrates Court and the operation of the commission order
cannot be stayed pending the appeal. This may be considered a breach of
Fundamental Legislative Principles and is addressed above.
The court has the same powers as the commission when coming to a
decision, is not bound by the rules of evidence but must have regard to
natural justice. The court may confirm or amend the commission's
decision; set it aside and substitute another decision; or set aside the
decision and send it back to the commission.
An appeal from the Magistrates Court lies to the District Court but only on
a question of law.
Part 12 Family Responsibilities Board
Clauses 116 to 124 provide for the establishment of the board and its
functions (Division 1), its membership (Division 2) and conduct and
business (Division 3).
The Board has a membership of three, reflecting that the welfare reform
trial is a tripartite partnership between the Commonwealth and State
Governments and the community through the Institute. It has an advisory
capacity only but it is anticipated that it will be able to facilitate the smooth
operation of the commission where necessary to ensure that the trial is as
effective as possible.
Part 13 Particular Offences and Legal
Proceedings
Division 1 Offences
Clauses 125 to 134 are standard provisions in relation to giving false or
misleading statements or information to the commission and other offences
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Family Responsibilities Commission Bill 2008
relating to actions of retaliation and reprisal against people for actions
undertaken in accordance with the legislation.
Division 2 Evidentiary provisions
Clauses 135 to 103 are standard provisions in relation to appointments and
authority, signatures and evidentiary aids.
Part 14 Other Matters
Division 1 General matters about commission's
operations
Clauses 138 to 146 prescribe procedures the commission is to follow in
relation to providing notices to Centrelink; making decisions under the Act;
giving notices to agencies about decisions made at a conference;
destruction of documents about a person who is not within the jurisdiction
of the commission; preparation of annual reports and reports to the board;
development of guidelines; and changing a case plan for a person who has
changed their address.
In particular, clause 138 prescribes what the commission may include with
a notice to Centrelink in relation to income management. In relation to
decisions to enter into a family responsibilities agreement or a voluntary
agreement about income management, the commission may give directions
or recommendations about how the Centrelink may exercise a power in
relation to income management under the Commonwealth Social Security
(Administration) Act 1999.
The Government expects that persons the subject of income management
will have the opportunity to take money management advice (possibly
before the conference), in which case the advice could be incorporated in
notices to Centrelink. This scheme is intended to encourage people to
reach agreements with the commission, so that they can have a say in how
Centrelink manages their income.
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Family Responsibilities Commission Bill 2008
In relation to a decision to make a family responsibilities order to subject a
person to income management, the commission may give directions in
relation to the duration of income management, and the proportion of the
person's welfare payments must be managed. However, the commission
may only make recommendations about how the Centrelink may exercise a
power in relation to income management under part 3B, division 6 of the
Commonwealth Social Security (Administration) Act 1999. As a result,
people may have less say in how Centrelink manages their income.
Where a direction or a recommendation is being given about how the
Centrelink may exercise a power in relation to income management under
part 3B, division 6 of the Commonwealth Social Security (Administration)
Act 1999, in relation to income management for a person, the direction or
recommendation may be accompanied by a notice stating that a specified
bank account held by another person is a nominated third party account in
relation to the first person. This enables the Centrelink Secretary to
exercise a discretion about whether to direct payments to a third party upon
a recommendation by the commission.
Clause 143 requires the commissioner to prepare and give the Minister an
annual report. The requirements are additional to those that will apply
under the Financial Administration and Audit Act 1977.
Clause 144 requires the commissioner to give the Family Responsibilities
Board a quarterly report. This is intended to allow the tripartite board to
monitor the operation and effects of the trial throughout its course.
Division 2 Miscellaneous
Clause 147 provides for the preservation of confidential information
provided to a person in the course of administration of the Act and for other
purposes, such as those referred to in clause 94 concerning education
programs and services being implemented as part of the welfare reform
trial.
Clause 148 protects officials from liability in relation to acts done honestly
and without negligence.
Clauses 149 and 150 provide for the approval of approved forms and
making of regulations under the Act.
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Family Responsibilities Commission Bill 2008
Clause 151 provides for the expiry of the Act on 1 January 1012, which is
the date for expiry of the income management regime under the
Commonwealth Social Security (Administration) Act 1999.
Part 15 Transitional Matters
Clauses 152 to 155 provide transitional provisions regarding the
commission's first annual report and quarterly report to the Board; the
vacation of office of commission members upon expiry of the Act; and the
ending of family responsibilities agreements, voluntary agreements and
family responsibility orders upon the expiry of the Act.
Schedule
The Schedule contains the Dictionary.
© State of Queensland 2008
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