Queensland: Family Responsibilities Commission Act 2008 (Qld)

Family Responsibilities Commission Act 2008 An Act to establish the Family Responsibilities Commission, and for related matters Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Family Responsibilities Commission Act 2008. 2 Commencement This Act, other than the following provisions, commences on a day to be fixed by proclamation— (a) section 6; (b) section 94; (c) schedule, to the extent it inserts the definitions compulsory school age, education chief executive, non-State school, school and State school. 3 Act binds all persons (1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act. Division 2 Objects and principles of Act 4 Main objects (1) The main objects of this Act are— (a) to support the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and (b) to help people in welfare reform community areas to resume primary responsibility for the wellbeing of their community and the individuals and families of the community. (2) The objects are to be achieved mainly by establishing the Family Responsibilities Commission— (a) to hold conferences about agency notices; and (b) to deal with the matters to which the notices relate in a way that— (i) encourages community members the subject of a conference to engage in socially responsible standards of behaviour; and (ii) promotes the interests, rights and wellbeing of children and other vulnerable persons living in a welfare reform community area. 5 Principles for administering Act (1) The Act is to be administered under the principle that the wellbeing and best interests of a child are paramount. (2) Subject to subsection (1), this Act is also to be administered under the following principles— (a) in a conference about an agency notice, the commission should deal with the matters to which the notice relates in a way that— (i) facilitates early intervention in relation to the matters; and (ii) supports the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and (iii) makes appropriate use of community support services; (b) in a conference about an agency notice involving a child, the child's views and wishes should be taken into account in a way that has regard to the child's age and ability to understand; (c) Aboriginal tradition and Island custom must be taken into account in matters involving Aboriginal people or Torres Strait Islanders; (d) the commission should deal with agency notices in a timely way. Division 3 Interpretation 6 Definitions The dictionary in the schedule defines particular words used in this Act. 7 Meaning of community member A person is a community member if— (a) the person is a welfare recipient; and (b) either— (i) the person's usual place of residence is, or was on the commencement of this section, in a welfare reform community area; or (ii) the person has, at any time after the commencement of this section, lived in a welfare reform community area for at least 3 months. 8 Meaning of welfare recipient A person is a welfare recipient if— (a) under the Social Security Administration Act, part 3B, the person or the person's partner is an eligible recipient of a category P welfare payment; or (b) under the Social Security Administration Act, part 3B, neither the person nor the person's partner is an eligible recipient of a category P welfare payment, but the person or the person's partner is an eligible recipient of a category R welfare payment. 8A Meaning of welfare reform community area (1) A welfare reform community area is an area prescribed by regulation as a welfare reform community area. (2) Before recommending to the Governor in Council that an area be prescribed as a welfare reform community area the Minister must have regard to the main objects of this Act. Part 2 The Family Responsibilities Commission Division 1 Establishment, functions and powers of commission 9 Establishment of commission The Family Responsibilities Commission is established. 10 Commission's functions (1) The commission has the following functions— (a) to hold conferences and make decisions under this Act about agency notices in relation to community members; (b) to deal with, under part 7, division 2, a person's noncompliance with a case plan; (c) to hear applications to the commission to amend or end a family responsibilities agreement or family responsibilities order. (2) The commission also has the other functions given to the commission under this or another Act. 11 Commission's powers (1) The commission has the powers necessary or convenient to perform the commission's functions. (2) The commission also has the other powers given to the commission under this or another Act. Division 2 Membership 12 Membership of commission (1) The members of the commission are— (a) the commissioner; and (b) the deputy commissioners, if deputy commissioners are appointed; and (c) the local commissioners. (2) The commission members are to be appointed by the Governor in Council. (3) The Minister may recommend to the Governor in Council for appointment as many deputy commissioners or local commissioners as the Minister considers necessary to ensure the effective and efficient operation of the commission. (4) A local commissioner is to be appointed as a local commissioner for a particular welfare reform community area. (5) All commission members are appointed under this Act and not the Public Sector Act 2022. 13 Selection of commissioner and deputy commissioners Before selecting a person for recommendation to the Governor in Council for appointment as the commissioner or a deputy commissioner, the Minister must consult with the board about the proposed appointment. 14 Selection of local commissioners (1) This section applies for selecting persons for recommendation to the Governor in Council for appointment as local commissioners for a welfare reform community area. (2) The Minister must ask the community justice group for the area, or if there is no community justice group for the area, as many relevant community groups for the area as the Minister considers appropriate, to nominate persons the group or groups consider suitable for appointment as local commissioners for the area. (3) In nominating a person under this section, a community justice group or relevant community group— (a) must have regard to the matters mentioned in section 18 about a person's eligibility for appointment as a local commissioner; and (b) must give the Minister a notice stating the group is satisfied the person is a suitable person to perform the duties of a local commissioner. (4) A person nominated by a community justice group or relevant community group may, but need not be, a member of the group. (5) If the Minister considers not enough eligible persons are nominated for appointment as local commissioners for a welfare reform community area, the Minister may nominate persons the Minister considers suitable for appointment. (6) In selecting persons for recommendation to the Governor in Council for appointment as local commissioners for a welfare reform community area, the Minister must— (a) if practicable— (i) ensure the local commissioners for the area represent the clan or family groups in the area; and (ii) subject to subsection (5), only select persons nominated by a community justice group or relevant community group; and (b) have regard to the need to have both male and female local commissioners for conferences. 15 Term of appointment A commission member is appointed for the term stated in the member's instrument of appointment. 16 Conditions of appointment (1) A commission member is to be paid the remuneration and allowances decided by the Governor in Council. (2) A commission member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. 17 Eligibility for appointment as commissioner or deputy commissioner A person is eligible for appointment as the commissioner or a deputy commissioner only if— (a) the person is a lawyer of a least 5 years standing; and (b) the Minister considers the person has an appropriate understanding of the history and culture of Aboriginal people and Torres Strait Islanders; and (c) the Minister considers the person has— (i) appropriate experience in mediation or alternative dispute resolution; or (ii) other knowledge or experience making the person appropriate to be the commissioner or a deputy commissioner. 18 Eligibility for appointment as local commissioner A person is eligible for appointment as a local commissioner only if— (a) the person is an Aboriginal person or Torres Strait Islander who— (i) is a member of a community justice group or relevant community group; or (ii) is an elder or other respected person of a welfare reform community area; or (iii) is another person who the Minister is satisfied is of good standing and lives in, or has a close connection with, a welfare reform community area; and (b) the Minister is satisfied the person is a suitable person to perform the duties of a local commissioner. 19 Disqualification from being commissioner or deputy commissioner (1) A person can not become, or continue as, the commissioner or a deputy commissioner if— (a) the person— (i) is, or has been, convicted of an offence and the conviction is not a spent conviction; or (ii) is an insolvent under administration within the meaning of the Corporations Act, section 9; or (iii) is a public service employee, a police officer or an employee of the Commonwealth public service; or (b) at any time after 5 years before the commencement of this section, a protection order has been made against the person; or (c) the Minister has received a notice from the child protection chief executive under section 28 advising the Minister that the child protection chief executive considers the person may pose a risk to a child's safety. (2) Also, a person can not become the commissioner or a deputy commissioner if the person does not consent to the Minister requesting— (a) a report about the person's criminal history and domestic violence history under section 27; or (b) a notice about the person under section 28. (3) In this section— offence means— (a) an indictable offence; or (b) an offence under the Drugs Misuse Act 1986, other than an indictable offence; or (c) an offence under the Liquor Act 1992, section 168B. 20 Disqualification from being local commissioner (1) A person can not become, or continue as, a local commissioner if— (a) the person— (i) is, or has been, convicted of a serious offence and the conviction is not a spent conviction; or (ii) is an insolvent under administration within the meaning of the Corporations Act, section 9; or (iii) is, or has been, the subject of a family responsibilities agreement or a decision of the commission under section 69(1)(b); or (b) a protection order has been made against the person at any time during— (i) 5 years before the person is proposed to be appointed under section 12(2); or (ii) the person's term of appointment; or (c) the Minister has received a notice from the child protection chief executive under section 28 advising the Minister that the child protection chief executive considers the person may pose a risk to a child's safety. (2) Also, a person can not become a local commissioner if the person does not consent to the Minister requesting— (a) a report about the person's criminal history and domestic violence history under section 27; or (b) a notice about the person under section 28. (3) In this section— serious offence means— (a) a serious violent offence of which an offender is convicted under the Penalties and Sentences Act 1992, section 161A; or (b) a serious offence as defined under the Working with Children (Risk Management and Screening) Act 2000, other than an offence mentioned in paragraph (a); or (c) an offence under the Drugs Misuse Act 1986, other than an offence mentioned in paragraph (a) or (b); or (d) an offence under the Liquor Act 1992, section 168B. 21 Vacation of office (1) The office of a commission member becomes vacant if the member— (a) resigns the member's office by signed notice of resignation given to— (i) for the commissioner or a deputy commissioner—the Minister; or (ii) for a local commissioner—the commissioner; or (b) can not continue as a member under section 19 or 20; or (c) is removed from office by the Governor in Council under subsection (2). (2) The Governor in Council may remove a commission member from office if the member— (a) is incapable of properly discharging the commission's functions; or (b) is performing the member's duties— (i) carelessly, incompetently or inefficiently; or (ii) without proper regard to the principles stated in section 5. Division 3 Functions and powers of commissioner 22 Commissioner's functions (1) The commissioner has the following functions— (a) ensuring the efficient and quick discharge of the commission's business; (b) ensuring the local commissioners and the staff of the registry receive regular and appropriate training; (c) preparing the annual report; (d) making commission guidelines; (e) carrying out the activities the commissioner reasonably considers necessary to achieve the objects of this Act. (2) The commissioner also has the other functions given to the commissioner under this or another Act. 23 Commissioner's powers (1) The commissioner has the powers necessary or convenient to perform the commissioner's functions. (2) The commissioner also has the other powers given to the commissioner under this or another Act. 24 Delegation by commissioner (1) The commissioner may delegate the commissioner's functions under this Act to a deputy commissioner. (2) Also, the commissioner may delegate the commissioner's functions under this Act, other than a function under a prescribed provision, to the registrar. (2A) In addition, the commissioner may delegate the commissioner's functions for a conference to the chairperson of the commission for the conference if— (a) the commissioner makes a direction under section 50A(1) for the conference; and (b) the chairperson is appropriately qualified to perform the commissioner's functions for the conference. (2B) For subsection (2A), the commissioner's functions are the commissioner's functions for endorsing a requirement for a person to be subject to income management. (3) In this section— functions includes powers. prescribed provision means section 49, 50, 51, 53, 68(9), 85, 98 or 108(2). 25 When deputy commissioner to act as commissioner (1) A deputy commissioner, nominated by the Minister, is to act as the commissioner if— (a) the commissioner is not available to perform the commissioner's functions; or (b) there is a vacancy in the office of the commissioner. (2) This section does not limit the Acts Interpretation Act 1954, section 24B. Division 4 Miscellaneous 26 Independence of commission and commission member (1) In performing or exercising its functions or powers, the commission— (a) must act independently and impartially; and (b) is not subject to direction by the Minister. (2) A commission member, in exercising the member's functions or powers, is not subject to direction by the Minister. 27 Report about person's criminal history or domestic violence history (1) To decide whether a person is disqualified from membership of the commission under section 19(1)(a)(i) or (b) or section 20(1)(a)(i) or (b), the Minister may ask the commissioner of police for— (a) a written report about the person's criminal history or domestic violence history; and (b) if the request is about the person's criminal history—a brief description of the circumstances of a conviction mentioned in the criminal history. (2) The commissioner of police must comply with the request. (3) However, the Minister may make a request under subsection (1) about a person who is not a commission member only if the person has given the Minister written consent for the request. (4) The duty imposed on the commissioner of police to comply with the request applies only to information in the commissioner's possession or to which the commissioner has access. (5) If the Minister receives a report about a person under this section, the Minister must give a copy of the report to the person. (6) The Minister must ensure a report given to the Minister under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. 28 Information about child safety (1) To decide whether a person is disqualified from membership of the commission under section 19(1)(c) or 20(1)(c), the Minister may ask the child protection chief executive to give the Minister a notice about whether the child protection chief executive considers the person may pose a risk to a child's safety. (2) The child protection chief executive must comply with the request. (3) Also, if the child protection chief executive considers a person who is a commission member may pose a risk to a child's safety, the child protection chief executive must give the Minister a notice stating the child protection chief executive considers the person may pose a risk to a child's safety. (4) In considering whether, in the child protection chief executive's opinion, a person may pose a risk to a child's safety, the child protection chief executive may have regard to any information that— (a) is in the child protection chief executive's possession or to which the child protection chief executive has access; and (b) has been obtained under the Child Protection Act 1999. (5) The Minister may make a request under subsection (1) about a person who is not a commission member only if the person has given the Minister written consent for the request. (6) The duty imposed on the child protection chief executive under this section applies only to information in the child protection chief executive's possession or to which the child protection chief executive has access. (7) If the Minister receives a notice about a person under this section, the Minister must give a copy of the notice to the person. (8) The Minister must ensure a notice given to the Minister under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. 29 Requirement to disclose changes in criminal history or domestic violence history (1) If there is a change in the criminal history or domestic violence history of the commissioner or a deputy commissioner, the commissioner or deputy commissioner must, unless the commissioner or deputy commissioner has a reasonable excuse, immediately disclose the change to the Minister. Maximum penalty—100 penalty units. (2) If there is a change in the criminal history or domestic violence history of a local commissioner, the local commissioner must, unless the local commissioner has a reasonable excuse, immediately disclose the change to the commissioner. Maximum penalty—100 penalty units. (3) Immediately after a local commissioner discloses a change in criminal history or domestic violence history to the commissioner under subsection (2), the commissioner must give the Minister notice of the disclosure. Maximum penalty—100 penalty units. (4) For a person who does not have a criminal history or domestic violence history, there is taken to be a change in the person's criminal history or domestic violence history if the person acquires a criminal history or domestic violence history. (5) To comply with subsection (1) or (2)— (a) the information disclosed by the person about a conviction for an offence in the person's criminal history must include the following— (i) the existence of the conviction; (ii) when the offence was committed; (iii) details adequate to identify the offence; (iv) whether or not a conviction was recorded; (v) the sentence imposed on the person; and (b) the information disclosed by the person about a protection order for the person's domestic violence history must include the following— (i) the existence of the protection order; (ii) when the protection order was made against the person. 30 Commission is a statutory body (1) The commission is a statutory body under— (a) the Financial Accountability Act 2009; and (b) the Statutory Bodies Financial Arrangements Act 1982 (the SBFA). (2) The SBFA, part 2B sets out the way in which the commission's powers under this Act are affected by that Act. 31 Commission is not a tribunal under Ombudsman Act 2001 , s 16 The commission is not a tribunal for the purposes of the Ombudsman Act 2001, section 16(2)(a). Part 3 The registry 32 Establishment of registry (1) The Family Responsibilities Commission Registry is established. (2) The registry is the registry for the commission. 33 Registry staff (1) The registry consists of— (a) the registrar; and (b) the other staff of the registry necessary for the commission to effectively and efficiently perform its functions. (2) The staff of the registry must include a local registry coordinator appointed for each welfare reform community area. (3) The registrar and the other staff are to be appointed under the Public Sector Act 2022. 34 Eligibility for appointment as registrar A person is eligible for appointment as the registrar only if the person— (a) has an appropriate understanding of the history and culture of Aboriginal people and Torres Strait Islanders; and (b) is— (i) a lawyer; or (ii) otherwise—appropriately qualified to perform the functions of the registrar. 35 Registrar's functions (1) Subject to the directions of the commissioner, the registrar is responsible for managing the registry and the administrative affairs of the commission. (2) The registrar has all the following functions— (a) providing administrative support to the commission to help the commission hold conferences; (b) keeping the records and information the registrar or the commissioner considers appropriate; (c) coordinating the provision of appropriate support or training for local commissioners and the staff of the registry; (d) helping the commissioner prepare the annual report and make commission guidelines; (e) preparing case plans relating to a person's attendance at a community support service; (f) if, under a family responsibilities agreement or family responsibilities order, a person is required to attend a community support service under a case plan—monitoring the person's compliance with the plan; (g) if the registrar monitors a person's compliance with a case plan—giving the commission reports about the person's compliance; (h) collecting statistical data and other information relevant to the operation of the commission for inclusion in the annual report; (i) performing other functions the registrar or commissioner considers appropriate for the effective and efficient operation of the commission; (j) any other functions given under this Act. 36 Registrar's powers (1) The registrar has the powers reasonably necessary to perform the registrar's functions. (2) The registrar also has the other powers given to the registrar under this Act. 37 Delegation by registrar (1) The registrar may delegate the registrar's functions under this Act to an appropriately qualified member of the staff of the registry. (2) In this section— functions includes powers. 38 Function of local registry coordinators The function of a local registry coordinator is to support the efficient and effective operation of the commission in the welfare reform community area for which the coordinator is appointed, including, for example, by— (a) taking appropriate steps to facilitate the holding of conferences; and (b) nominating appropriate local commissioners for a conference; and (c) providing information about community support services and the operation of the commission to persons living in the area; and (d) keeping the records and information the registrar considers appropriate. 39 When staff of registry are subject to direction of commissioner In performing or exercising their functions or powers under this Act, the registrar and other staff of the registry are only subject to the direction of the commissioner on matters relating to the management of the registry and the administrative affairs of the commission. Part 4 Agency notices Division 1 Requirements about giving agency notices 40 Notice about school attendance (1) Subsection (2) applies if— (a) a student at a school in a welfare reform community area is absent from the school for all or part of any 3 school days during a school term; and (b) the principal of the school is not satisfied there is a reasonable explanation for the absences. (2) The principal must give notice of the absences to the commission as soon as practicable but not more than 10 school days after the third absence happens. (3) Subsection (4) applies if— (a) a student at a school that is not in a welfare reform community area is absent from the school for all or part of any 3 school days during a school term; and (b) the principal of the school is not satisfied there is a reasonable explanation for the absences; and (c) the principal is, or becomes, aware the student or a parent of the student lives, or at any time after the commencement of this section has lived, in a welfare reform community area. (4) The principal must give notice of the absences to the commission— (a) if the principal is aware of a matter mentioned in subsection (3)(c) when the third absence happens—as soon as practicable but not more than 10 school days after the third absence happens; or (b) if paragraph (a) does not apply—as soon as practicable but not more than 10 school days after becoming aware of the matter. (5) A notice under this section must be in the approved form. (6) The approved form must include provision for the following— (a) the student's name and date of birth; (b) the name and address, if known, of the parents of the student; (c) the days the student was absent from school; (d) the duration of the student's absences; (e) the reason, if any, recorded by the school for the absences. (7) In considering whether a student is absent, or there is a reasonable explanation for a student's absence, from a school, the principal of the school must have regard to any commission guidelines relating to matters about student attendance at schools. 41 Notice about school enrolment (1) This section applies if the education chief executive becomes aware— (a) a child of compulsory school age is not enrolled at a school; and (b) the child or a parent of the child lives, or at any time after the commencement of this section has lived, in a welfare reform community area. (2) The education chief executive must as soon as practicable give the commission notice of the child's non-enrolment. (3) The notice must be in the approved form. (4) The approved form must include provision for— (a) the name and, if known, the address of the child; and (b) the name and address, if known, of the parents of the child. (5) This section does not apply to a child of compulsory school age if— (a) an exemption under the Education (General Provisions) Act 2006, chapter 9, part 3, is in force for the child; or (b) the Education (General Provisions) Act 2006, section 176(1) does not apply in relation to the child because of chapter 9, part 4 of that Act. 42 Notice about child safety and welfare matters (1) This section applies if the child protection chief executive— (a) becomes aware, whether because of notification given to the chief executive or otherwise, of alleged harm or alleged risk of harm to a child; and (b) becomes aware the allegation is in relation to— (i) conduct that is happening, or has happened, in a welfare reform community area; or (ii) conduct of a person who lives, or at any time after the commencement of this section has lived, in a welfare reform community area. (2) The child protection chief executive must give the commission notice of the alleged harm or alleged risk of harm to the child. (3) The notice must be given to the commission— (a) if an authorised officer under the Child Protection Act 1999 investigates the allegation to assess the child's need of protection—within 5 business days after the investigation and assessment of the allegation ends; or (b) if paragraph (a) does not apply—within 5 business days after the later of the following to happen— (i) the child protection chief executive becomes aware of the alleged harm or alleged risk of harm to the child; (ii) the child protection chief executive becomes aware of a matter mentioned in subsection (1)(b). (4) The notice must be in the approved form. (5) The approved form must include provision for the following— (a) the day the child protection chief executive became aware of the alleged harm or alleged risk of harm; (b) whether the allegation was investigated as mentioned in subsection (3)(a); (c) the name and, if known, the address of the child allegedly harmed or allegedly at risk of harm; (d) the name and address, if known, of the parents of the child; (e) the name and address, if known, of any person allegedly causing harm to the child, or allegedly causing the child to be at risk of harm; (f) details of the alleged harm or alleged risk of harm to the child; (g) information to identify the welfare reform community area where— (i) the conduct the subject of the allegation is happening or has happened; or (ii) the person whose conduct is the subject of the allegation lives or lived. (6) In this section— harm, to a child, see the Child Protection Act 1999, section 9. 43 Court advice notices (1) This section applies if— (a) a court— (i) convicts a person of an offence; or (ii) makes a protection order against a person; and (b) for a person convicted of an offence who is a child—the person is not a first-time offender; and (c) at least 1 of the following applies— (i) the court was sitting in a welfare reform community area, Cooktown or Mossman; (ii) the court officer learns that the person lives, or at any time after the start day has lived, in a welfare reform community area; (iii) if the person is a child—the court officer learns that the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area. (2) The court officer must give the commission a notice (a court advice notice) that states— (a) if the court convicted the person of an offence— (i) the offence that the person was convicted of; and (ii) the day on which the court convicted the person; and (b) if the court made a protection order against the person— (i) the conditions (if any) of the protection order; and (ii) the day on which the court made the protection order; and (c) the person's name and address; and (d) information that identifies the court— (i) that convicted the person; or (ii) made the protection order against the person; and (e) information that identifies— (i) the place where the conduct that is the subject of the conviction or protection order happened; or (ii) the welfare reform community area mentioned in subsection (1)(c)(ii) or (iii). (3) The court officer must give the notice as soon as practicable, but not more than 10 business days, after the later of the following— (a) the court— (i) convicts the person; or (ii) makes the protection order against the person; (b) the court officer learns that the person or, if the person is a child, the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area; (c) for a convicted person who is a child—the court officer learns that the person is not a first-time offender. (4) A person who has gained, gains or has access to, confidential information relating to a child through involvement in the administration of the Youth Justice Act 1992 may disclose the information to the chief executive (justice) for the purpose of facilitating the giving of court advice notices. (5) To remove any doubt, it is declared that, for the Youth Justice Act 1992, section 301, neither of the following is publication of identifying information about a child— (a) giving a court advice notice under this section; (b) disclosing confidential information under subsection (4). (6) In this section— chief executive (justice) means the chief executive of the department in which the Attorney-General Act 1999 is administered. conviction, in relation to a child, means a finding of guilt within the meaning of the Youth Justice Act 1992. court means— (a) the Childrens Court; or (b) the District Court; or (c) a Magistrates Court; or (d) the Supreme Court. court officer means— (a) for a court that convicts a person who is an adult— (i) for the District Court—the registrar of the court; or (ii) for a Magistrates Court—the clerk of the court; or (iii) for the Supreme Court—the registrar of the court; or (b) for a court that convicts a person who is a child—the chief executive (justice); or (c) for a court that makes a protection order against a person—the clerk of the court within the meaning of the Domestic and Family Violence Protection Act 2012. first-time offender, in relation to a child convicted of an offence, means a child who has not previously been convicted of an offence. protection order see the Domestic and Family Violence Protection Act 2012, schedule. start day means— (a) for subsection (1)(c)(iii), in relation to a child convicted of an offence—28 November 2014; or (b) otherwise—the day on which this definition commences. 44 Notice about residential tenancy agreement (1) Subsection (2) applies in relation to a tenant of premises if the lessor of the premises— (a) is satisfied the premises have been, or are being, used by the tenant for an illegal purpose; or (b) becomes aware that the tenant has not complied with a remedy notice relating to— (i) the tenant causing a nuisance by the use of the premises; or (ii) the tenant interfering with the reasonable peace, comfort or privacy of a neighbour of the tenant; or (iii) the tenant not keeping the premises and its inclusions clean, having regard to their condition when the tenant entered into the residential tenancy agreement for the premises; or (iv) the tenant maliciously damaging, or allowing someone else to maliciously damage, the premises or its inclusions; or (c) becomes aware that the rent payable by the tenant under the residential tenancy agreement (the outstanding amount) has remained unpaid in breach of the agreement for at least 7 days and the tenant— (i) has not responded to a remedy notice relating to the outstanding amount; or (ii) has not entered into an agreement with the lessor to pay the outstanding amount; or (iii) has breached an agreement entered into with the lessor to pay the outstanding amount. (2) The lessor must, within 5 business days after being satisfied or becoming aware of a matter mentioned in subsection (1), give the commission notice of the matter. (3) Subsection (4) applies in relation to a tenant of premises if the lessor of the premises has, after the commencement of this section and within a period of not more than 6 months, given the tenant more than 1 remedy notice relating to— (a) any of the matters mentioned in subsection (1)(b); or (b) rent remaining unpaid, in breach of the residential tenancy agreement for the premises, for at least 7 days. (4) The lessor must, within 5 business days after giving a second remedy notice to the tenant, give the commission notice of the giving of the remedy notice and the matter to which it relates. (5) A notice under subsection (2) or (4) must be in the approved form. (6) The approved form must include provision for the following— (a) the name of the tenant; (b) the address of the tenanted premises; (c) details of the matter to which the notice relates. (7) In this section— housing department means the department in which the Housing Act 2003 is administered. lessor, in relation to premises that are social housing, means the entity that provides the housing. remedy notice means a notice to remedy breach for a residential tenancy under the Residential Tenancies and Rooming Accommodation Act 2008. social housing means housing that— (a) is in a welfare reform community area; and (b) is directly provided, for residential use, by the housing department, a local government or another entity prescribed under a regulation. tenant means— (a) a person who is a party to a residential tenancy agreement relating to premises that are social housing; or (b) a person who— (i) was, at any time after the commencement of this definition, a party to a residential tenancy agreement relating to premises that are social housing; and (ii) is a party to a residential tenancy agreement relating to premises, not in a welfare reform community area, directly provided by the housing department for residential use. Division 2 Miscellaneous 45 Entity not under obligation to investigate particular matters (1) This section applies to an entity that, under this part, must give the commission an agency notice on becoming aware that— (a) a person lives, or lived, in a welfare reform community area; or (b) a person's conduct to which an allegation mentioned in section 42(1) relates is happening, or has happened, in a welfare reform community area. (2) The duty imposed on the entity to give the commission an agency notice in relation to the person or the person's conduct does not require the entity to conduct an investigation about the person or the person's conduct. Part 5 Commission's conferences about agency notices Division 1 Preliminary 46 Purpose of conference The purpose of a conference held under this part is to provide a forum for the commission— (a) to discuss the matters to which an agency notice relates with a relevant person for the notice who is a community member; and (b) if practicable, to reach agreement with the person about the appropriate action to be taken in relation to the matters to help achieve the objects of this Act; and (c) if agreement is not reached—to make decisions under section 69 to help achieve the objects of this Act. 47 Commissioner's decision to hold conference In deciding whether to hold a conference, the commissioner— (a) must have regard to the objects of this Act; and (b) may have regard to other matters the commissioner considers relevant, including, for example— (i) whether the commission has previously received an agency notice relating to the person the subject of the proposed conference; and (ii) the nature of the matters raised in any agency notice relating to the person; and (iii) if the proposed conference is about a school attendance notice—the extent to which a student mentioned in the notice has been absent from school. 48 Matters commissioner or commission may have regard to in considering whether a person is a community member In considering, for the purpose of section 7(b), whether a relevant person for an agency notice is a community member, the commissioner or commission may have regard to any of the following matters— (a) the postal address, or address of the place of residence, of the person last known to the secretary; (b) whether a child of the person is enrolled at a school in a welfare reform community area; (c) whether the person is or has been a party to a residential tenancy agreement relating to premises in a welfare reform community area; (d) if the person is an Aboriginal person or a Torres Strait Islander—the person's usual place of residence, having regard to the person's family or kinship relationships; (e) the frequency and duration of, and reasons for, any periods the person spends outside of a welfare reform community area; (f) anything else the commissioner or commission considers relevant. Division 2 Jurisdiction and operation 49 Holding conferences The commission may hold a conference in relation to a relevant person for an agency notice only if the commissioner considers the relevant person for the notice is a community member. 50 Constitution of commission for conference generally (1) Subject to section 50A, for a conference, the commission is to be constituted by— (a) the commissioner; and (b) 2 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the conference lives or lived. (2) The local commissioners mentioned in subsection (1)(b) are to be nominated by a local registry coordinator, and appointed by the commissioner, under section 51. 50A Constitution of commission for particular conference (1) If the commissioner considers it appropriate in the circumstances, the commissioner may, for a particular conference, direct the commission to be constituted by 3 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the conference lives or lived. (2) The local commissioners are to be nominated by a local registry coordinator, and appointed by the commissioner, under section 51. (3) The commissioner must nominate one of the local commissioners to be the chairperson of the commission for the conference. (4) The chairperson is to preside at the conference. 50B Commissioner must monitor particular decisions If the commission is constituted under section 50A for a conference, the commissioner must monitor the decision of the commission for the conference for consistency of the decision with other decisions of the commission when constituted under section 50 or 50A. 51 Nomination and appointment of local commissioners for conference (1) The local commissioners for a conference are to be— (a) nominated by the local registry coordinator for the welfare reform community area in consultation with the local commissioners appointed for the area; and (b) appointed by the commissioner. (2) A person can not be nominated under subsection (1) unless the person has successfully completed the training reasonably required by the Minister to ensure the person can properly perform the person's duties on the commission. (3) In nominating or appointing the local commissioners for a conference, the local registry coordinator and commissioner must— (a) if the person the subject of the conference is an Aboriginal person or a Torres Strait Islander—consider whether the nominees or appointees are appropriate, having regard to the clan or family group to which the person belongs; and (b) having regard to the matter to which the agency notice relates, consider whether the local commissioners should be male or female; and (c) if practicable and appropriate in the circumstances, ensure that 1 of the local commissioners is female. 52 Disclosure of interests (1) This section applies to a commission member constituting the commission for a conference if— (a) the member becomes aware of a direct or indirect interest, financial or otherwise, the member has in a matter being considered or about to be considered at the conference; and (b) the interest could conflict with the proper performance of the member's duties for considering the matter. (2) The commission member must immediately disclose the issue giving rise to the conflict to the other commission members constituting the commission for the conference. (3) The commission member may take part in the conference only with the agreement of the other commission members constituting the commission for the conference. 53 Reconstituting commission for conferences generally (1) This section applies if a constituting member for a conference, other than a constituting member for a conference mentioned in section 50A, stops being a member or for any reason is not available for the conference. (2) The commissioner may direct that the commission for the conference be constituted by the commissioner, the remaining constituting member and another local commissioner appointed by the commissioner. (3) In appointing another local commissioner, the commissioner must have regard to the matters mentioned in section 51(2) and (3). (4) The commission as reconstituted must continue and finish the conference, and, for that purpose, may have regard to any record relating to the conference made by the commission as previously constituted. 53A Reconstituting commission for particular conferences (1) This section applies if the commission is constituted under section 50A for a conference. (2) If a constituting member for the conference stops being a member or for any reason is not available for the conference, the commissioner may direct that the commission for the conference be constituted by— (a) the remaining constituting members and another local commissioner appointed by the commissioner; or (b) the commissioner and the remaining constituting members. (3) If the commission adjourns a conference under section 64(2) and the commissioner does not endorse the proposed income management decision, after the adjournment the commission for the conference is to be constituted by— (a) the commissioner; and (b) the 3 local commissioners who were constituting members for the conference before the adjournment. (4) If a constituting member mentioned in subsection (3)(b) stops being a member, or for any reason is not available for the conference after the adjournment, the commissioner may direct that the commission for the conference be constituted by— (a) the commissioner and the remaining constituting members; or (b) the commissioner, the remaining constituting members and another local commissioner appointed by the commissioner. (5) In appointing another local commissioner under subsection (2)(a) or (4)(b), the commissioner must have regard to the matters mentioned in section 51(2) and (3). (6) The commission as reconstituted must continue and finish the conference, and, for that purpose, may have regard to any record relating to the conference made by the commission as previously constituted. 54 Representation at conference (1) A person attending the commission at a conference must represent himself or herself. (2) Despite subsection (1), the person the subject of a conference may be represented at the conference by a lawyer if the commission considers it appropriate in the interests of justice to allow the person to be represented by a lawyer. 55 Conference privileged (1) This section applies to— (a) anything said or admitted during a conference (the information); and (b) a document, or a copy of a document, prepared for or in the course of a conference. (2) The information, document or copy is not admissible as evidence in a proceeding before a court, tribunal or disciplinary body. (3) Subsection (2) does not apply to the information, document or copy for the purposes of an appeal under part 11. Division 3 Conference procedures 56 Procedure generally (1) In a conference, the commission— (a) must observe natural justice; and (b) must act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and (c) is not bound by the rules of evidence; and (d) may inquire into, and inform itself, of anything in the way it considers appropriate. (2) The commission may, in appropriate cases, hold a conference by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the conference. (3) To the extent a matter relating to the commission's conduct of a conference is not provided for by this Act, the commission may decide its own procedure. 57 Time and place of conference (1) The commission may hold a conference at the time and place decided by the commissioner. (2) In deciding a time and place for a conference, the commissioner must have regard to— (a) the need for the commission to respond in a timely way to the agency notice to which the conference relates; and (b) the location of the person the subject of the conference; and (c) the availability of other persons the commissioner considers appropriate to attend the conference; and (d) Aboriginal tradition and Island custom, if the conference involves Aboriginal people or Torres Strait Islanders. (3) Subsection (2) does not limit the matters to which the commissioner may have regard. 58 When commission must hold conference (1) The commission must hold a conference within whichever is the longer of the following periods— (a) 1 year after receiving the agency notice to which the conference relates; (b) if the person the subject of the conference is a prisoner when the notice was received, or becomes a prisoner within the period mentioned in paragraph (a) and before the commission holds a conference—6 months after the person stops being a prisoner; (c) if paragraph (b) does not apply and the commission has taken reasonable steps to find the person but has not found the person within 6 months after receiving the notice—6 months after the person is found. (2) In this section— prisoner means a prisoner in a corrective services facility under the Corrective Services Act 2006. 59 Conference not limited to particular agency notice If the commissioner considers it appropriate in the circumstances, a conference may be about— (a) more than 1 agency notice relating to a particular person; and (b) more than 1 relevant person for an agency notice. 60 Participation in conference (1) The following persons may take part in a conference— (a) the person the subject of the conference; (b) someone the person mentioned in paragraph (a) chooses to provide support to the person; (c) any other person the commission considers may help the commission deal with the issues raised in the agency notice to which the conference relates, including, for example, a member of the family of the person mentioned in paragraph (a). (2) Also, if the registrar has under section 61 given notice of a conference to the notifying agency for the agency notice to which the conference relates, and the notice requires the agency to attend the conference, the agency or a person representing the agency must attend, and may take part in, the conference. (3) Subject to subsections (1) and (2), a conference must be held in private. 61 Notice of conference (1) Before the commission holds a conference, the registrar must give notice of the conference to— (a) the person the subject of the conference; and (b) any other person the commissioner considers likely to make a useful contribution to the conduct of the conference. (2) Also, before the commission holds a conference the registrar may give notice of the conference to the notifying agency for the agency notice to which the conference relates. (3) The notice must include the following details of the proposed conference— (a) the day, time and place for the conference; (b) the purpose of the conference; (c) information about the particular issues to be considered at the conference; (d) information about the conduct of the conference. (4) A notice given to a notifying agency under subsection (2) must state whether or not the commission requires the notifying agency to attend the conference. 62 Obtaining views of persons not attending conference (1) The commissioner must take reasonable steps to ascertain before the conference, and make known at the conference, the views relevant to the conference of all the following— (a) a person given a notice under section 61(1)(b) who notifies the commissioner that he or she will not be attending the conference; (b) if the person the subject of the conference is an Aboriginal person or a Torres Strait Islander—a member of the clan or family group of the person who has not been given a notice under section 61(1)(b) but whose views the commissioner considers should be obtained. (2) However, the commissioner— (a) is required to act under subsection (1) in relation to the views of a particular person only if the views may reasonably be ascertained and the commissioner does not expect the person to be attending the conference; and (b) may make known at the conference a person's views only if the registrar has, at least 3 days before the conference, given the person the subject of the conference notice of the views. (3) For this section, if the commission is constituted under section 50A for a conference, the duty imposed on the commissioner under subsection (1) is taken to be a duty imposed on the chairperson of the commission for the conference. 63 Particular matters about conduct of conference The commission must take reasonable and practicable measures to ensure— (a) a conference is conducted in a way that recognises and is responsive to the needs of persons taking part in the conference, including, for example, their customs and traditions; and (b) people taking part in a conference— (i) understand the commission's role in the conference and the conference procedures; and (ii) have an opportunity to participate in the conference and have their submissions considered; and (c) if the first language of the person the subject of the conference is not English—appropriate arrangements are made to facilitate the person's understanding of, and full participation in, the conference. 64 Adjournment of conference (1) In considering whether to adjourn a conference, the commission must take into account the impact that the adjournment may have on the commission's ability to deal in a timely way with the issues raised in the agency notice to which it relates. (2) However, if the commission is constituted under section 50A for a conference, it must adjourn the conference to obtain the commissioner's endorsement if it proposes to make an income management decision. (3) If the commission adjourns a conference, it must— (a) give reasons for the adjournment; and (b) state any matters it requires a party to the conference to address during the adjournment. 65 Rescheduling conference (1) This section applies if a person who is given a notice under section 61(1)(a) to attend a conference (the first conference) fails to attend the conference. (2) The commission must reschedule the conference and the registrar must give notice of the rescheduled conference to— (a) the person; and (b) any other person given notice of the first conference under section 61(1)(b) or (2). (3) The notice must state the time and place of the rescheduled conference. 66 Commission may proceed in absence of person (1) If a person the subject of a rescheduled conference fails to attend the conference, the commission may hold the conference, and make a decision under part 6 about the agency notice to which it relates, in the absence of the person. (2) However, the commission may make the decision only if satisfied— (a) it has enough information to make an informed decision about the agency notice, having regard to the objects of this Act and the wellbeing of the person the subject of the conference or any other person; and (b) the person the subject of the conference has, under section 65, received notice of the rescheduled conference or reasonable steps were taken to give the person notice of the rescheduled conference. 67 Record of conference (1) The commission must keep a record of each conference. (2) The record must include all the following information— (a) the day the conference was held and its duration; (b) the names of the persons who took part in the conference; (c) the commission's decision on the conference and the reasons for the decision; (d) if the commission's decision is not unanimous—the decision, and the reasons for the decision, of the commission members who did not agree with the commission's decision. (3) Subsection (2) does not limit the information the record may include. Part 6 Commission's decisions at conferences Division 1 Decisions 68 Decision to enter into agreement (1) After holding a conference, the commission may decide to enter into an agreement (a family responsibilities agreement) with the person the subject of the conference if satisfied the person is a community member. (2) A family responsibilities agreement must be about— (a) the person attending an appropriate community support service under a case plan; or (b) the commission giving the secretary a notice requiring that the person be subject to income management. (3A) Also, if the commission is constituted under section 50A, a notice mentioned in subsection (2)(b) may only require the person to be subject to income management if— (a) the requirement has first been endorsed by the commissioner; or Note— See section 64(2) which provides for the conference to be adjourned to obtain the commissioner's endorsement. (b) if, after considering the requirement and each of the constituting member's reasons for the decision or not agreeing with the decision, the commissioner does not endorse it—the requirement is affirmed by the commission as constituted under section 53A(3) or (4). (4) Before making a decision mentioned in section 69(1)(b)(iii) or (iv), the commission must take reasonable steps to enter into a family responsibilities agreement with the person if the commission considers it appropriate in the circumstances. (5) If a family responsibilities agreement is about a person attending a community support service under a case plan, the agreement must state— (a) the period, of not more than 1 year, for which the person is required to attend the community support service; and (b) details of the community support service; and (c) information about the preparation of the case plan under this Act. (6) If a family responsibilities agreement is about the commission giving the secretary a notice requiring that a person be subject to income management, the agreement must state— (a) the period, of at least 3 months but not more than 1 year, for which the person will be subject to income management; and (b) the proportion of the person's welfare payments that is required to be deducted under income management. (7) Subsections (5) and (6) do not limit the matters that may be included in a family responsibilities agreement. (8) Before entering into a family responsibilities agreement with a person, the commission must take the reasonable and appropriate steps to ensure the terms of the agreement are fully understood by the person. (9) A family responsibilities agreement for a person must be signed by— (a) the person; and (b) the commissioner or a constituting member for the conference. 69 Other decisions (1) If, after holding a conference about an agency notice, the commission does not enter into a family responsibilities agreement with the person the subject of the conference, the commission may decide— (a) to take no further action in relation to the notice; or (b) to do 1 or more of the following, if the commission is satisfied the person is a community member— (i) reprimand the person; (ii) recommend that the person attend an appropriate community support service; (iii) direct the person to attend an appropriate community support service under