Queensland CHILDREN'S COMMISSIONER AND CHILDREN'S SERVICES APPEALS TRIBUNALS BILL CHILDREN'S COMMISSIONER AND CHILDREN'S SERVICES APPEALS TRIBUNALS BILL 1996 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title 2.2... eee eee 6 2 Commencement ........ 0.0.6 c ccna 6 3 Dictionary .... 0.6... e cect eens 6 4 Crown bound...... 0... eee ee 6 PART 2—CHILDREN'S COMMISSIONER AND CHILDREN'S COMMISSION Division 1—Preliminary 5 Children's Commissioner and Children's Commission................. 7 6 Control of commission ............ 0... 7 7 Independence of commissioner... . 0.6... 6.00 e cece eee eee 7 Division 2—Commissioner's functions 8 Commissioner's functions .... 2... 0... eee eee ee 7 9 Expert help... 0.0.0... cece eee eet eet eens 9 Division 3—Children's commissioner and staff of commission 10 Appointment of commissioner ............ 000s cece eee eee eee 9 11 Duration of appointment .......... 6... 10 12 Terms of appointment ...... 2... cee 10 13 Preservation of rights... 0... eee eect eee 10 14 Leave of absence... 2... cee eee ee 11 15 Resignation... 0.0.6.0 0 cece ete 11 16 Termination of appointment ............ 6.6 c eee e eee ees 11 Children's Commissioner and Children's Services Appeals Tribunals 18 2022242628 303234 36 3840 Acting commissioner... 2.0.0... cee eee eee Staff of commission ......... 0.0000 cece etc ecceeeeeeeeeeee PART 3—COMPLAINTS AND INVESTIGATIONS Making of complaints ........... 0.0.00 Assessment of complaint ........... 0.000... 0 cece eee eee eee Commissioner may require further information....................... Time for completion of assessment ...........0.0...0. 0000 eee eee Commissioner's obligation after assessment ...............0...00000. Investigation of complaint about the delivery of children's services ..... Report on completion of investigation. .................00...002000. Report may be tabled ......... 0.0... cee eee eee Complainant to be notified. . 1.0.2.6... eee eee Relationship with ombudsman .............0...0...0 000 cece eee eee PART 4— OFFICIAL VISITORS Division I—Appointment of official visitors Appointment... 0.0.0... eee eee Limitation of official visitor's powers ...........0....00 000 cece eee ee Official visitor's appointment conditions ....................002.000. Official visitor's identity card... 2.0.2... eee eee eee Production or display of official visitor's identity card................. Training of official visitors ........ 0.0.0 Division 2—Functions and powers of official visitors Functions 0.2.2... 0... cece eee teen eee eee e eens PART 5—CHILDREN'S SERVICES APPEALS TRIBUNAL Division 1—Tribunal panel and members Appointment of tribunal panel members ...................00000000. Duration of appointment ........... 0.0022 Conditions of appointment .......... 0.0.00. Removal from office 2.02... 2... eect ene e eens Children's Commissioner and Children's Services Appeals Tribunals 4244 464850 52545658606264 66 Division 2—Jurisdiction, establishment and composition of tribunals Tribunal's jurisdiction ...... 2.0... cece eee ees 20 Commissioner to establish tribunal ............... 0.00 e cece eee ee eee 20 Composition of tribunals... 2.0.0.0... 0.0002 eee eee eee ee 21 Chairperson... 0.0... eee 21 Division 3—Appeals to tribunal Commencing appeals ......... 0... cee eee ee 21 Parties to appeal ....... 0. 21 Representative appeals... 0.2.0.0... cee eee eee 22 Appeals to decide matter afresh... 0.6... 0.66. ccc ccc eee eee 23 Powers of tribunal on appeal... 2... eee ee 23 Operation and implementation of decisions pending appeal............ 23 Division 4—Proceedings before a tribunal Procedure 2.0.0... cece eee ene teen enna ees 24 Preliminary conferences ......... 0.0... e cece 24 VENUES 2 nents 25 Hearing to be held in private .......... 0... cece eee eee ees 25 Publication of names etc. 2.2... 6.6 eee eee eee ees 25 Right of appearance... 0.1.6.6 ieee eect tenes 26 Questions to be decided by majority of tribunal....................-. 26 Procedural powers of tribunal... 2.2.6.6... cece eee 26 Inspection of documents ........... 0.6. e cece eee ees 26 Offences—hearings .......... cece cece eee ene 27 Self-incrimination ©... 0... cece eee eee eee eens 27 False or misleading information .............000000 cece eee eee eee 27 False or misleading documents ............ 00000 e eee eee ee ees 28 Contempt of tribunal .. 1.6.2... eens 28 Division 5—Appeals to a District Court Effect of tribunal's decision and rights of appeal ..................4.. 28 Powers of District Court ........ 0.0... eee eee 29 Operation and implementation of decisions pending appeal............ 29 Children's Commissioner and Children's Services Appeals Tribunals 69712B75 77798183 85 Division 6—Miscellaneous Protection of members, legal representatives and witnesses............ Allowance to witnesses .... 0.0.0... cece cece t eee nee Tribunals to keep records of proceedings. ..............0...000..000. Authentication of documents ........... 0.00 cece eee eee es Judicial notice of certain signatures ...........0...00 000002. c eee eee Rule-making power ......... 0... eee eee Confidentiality ........ 0.0.0 eee Protection from civil liability for certain officials ................00.. Impersonation of commissioner or official visitor. ..............0..... Delegation by commissioner... . 0.02... 0.00 c eee eee Approval of forms ...... 0.00... cece eee eee Annual report 2.0.0... eee eee ee Review of Act 2.2.0... ccc ect eneteett ene nee ees Regulation-making power. .........0.. 0... cece eee eee eee PART 7—CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS Consequential amendments ............. 0000.00.00 c cece eee eee eee Continuation of tribunal proceedings. .................000..00 02000. SCHEDULE 1 ........................ CONSEQUENTIAL AMENDMENTS ADOPTION OF CHILDREN ACT 1964 .............. 2c eee eee CHILD CARE ACT 1991 1.2.6... cee eet CHILDREN'S SERVICES ACT 1965 ... 2.2... 2.0 eee PUBLIC SERVICE ACT 1996 ..... 0... cece ccc eee ete SCHEDULE 2 ........................ DICTIONARY A BILL FOR An Act to provide for the appointment of a Children's Commissioner and the establishment of the Children's Commission and children's services appeals tribunals, and for other purposes sl 6 s4 Children's Commissioner and Children's Services Appeals Tribunals The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title 1. This Act may be cited as the Children's Commissioner and Children's Services Appeals Tribunals Act 1996. Commencement 2. This Act commences on a day to be fixed by proclamation. Dictionary 3.(1) The dictionary! in schedule 2 defines particular words used in this Act. (2) Definitions found elsewhere in the Act are signposted in the dictionary.2 Crown bound 4. This Act binds the Crown. 1 In some Acts, definitions are contained in a dictionary that appears as the last schedule and forms part of the Act—see Acts Interpretation Act 1954, section 14(4). 2 The signpost definitions in the dictionary alert the reader to the terms defined elsewhere in the Act and tell the reader where these definitions can be found. For example, the definition ' "attendance notice" see section 58', tells the reader there is a definition of the term "attendance notice" in section 58. 12 14 s5 7 s8 Children's Commissioner and Children's Services Appeals Tribunals PART 2—CHILDREN'S COMMISSIONER AND CHILDREN'S COMMISSION Division 1—Preliminary Children's Commissioner and Children's Commission 5.(1) There is to be a Children's Commissioner. (2) An office called the Children's Commission is established. (3) The commission consists of the commissioner and the staff of the commission. Control of commission 6.(1) The commissioner controls the commission. (2) However, subsection (1) does not prevent the attachment of the commission to a department for ensuring the commission is given administrative support services for carrying out the commissioner's functions effectively and efficiently. Independence of commissioner 7. Subject to sections 8(1) and 75,3 the commissioner is not subject to the control or direction of a Minister or a department in carrying out the commissioner's functions. Division 2—Commissioner's functions Commissioner's functions 8. The commissioner's functions are— 3 Sections 8(1) (Commissioner's functions) and 75 (Reports) wmarAI HD Nn fF 1214 1721 s8 8 s8 Children's Commissioner and Children's Services Appeals Tribunals (a) (b) (c) (d) (f) (g) (h) (i) 0) monitoring and reviewing, in collaboration with entities that deliver children's services, the provision of the services and suggesting ways of improving the services' quality, adequacy and effectiveness; and promoting practices and procedures that uphold the principle that parents or legal guardians of children have the primary responsibility for the upbringing and development of their children; and advising the Minister about developing and reviewing standards for child care and foster homes; and receiving, and as appropriate, assessing and investigating complaints about the delivery of children's services and alleged offences involving children; and monitoring, in cooperation with other entities, the procedures developed and implemented by the entities for handling complaints about the delivery of children's services and alleged offences involving children; and cooperating with the Queensland Police Service and the Australian Bureau of Criminal Intelligence in the investigation of allegations about offences involving children, including, for example, sexual abuse of children, child pornography and child sex tourism; and cooperating with the Queensland Police Service, the Australian Bureau of Criminal Intelligence and other relevant entities in their endeavours to eradicate sexual abuse of children, child pornography and child sex tourism; and implementing and maintaining a program of official visitors to residential facilities; and conferring and cooperating with other relevant entities including, for example, the Queensland Police Service, the Criminal Justice Commission and the ombudsman about a matter relating to any of the commissioner's other functions; and liaising with the ombudsman about the exercise by the commissioner and the ombudsman of their respective functions CYAN BWNHY 121517 192124 26 28 3032 34 s9 9 s 10 Children's Commissioner and Children's Services Appeals Tribunals in relation to complaints about the delivery of children's services; and (k) establishing tribunals to hear appeals of reviewable decisions; and (1) at the Minister's request, inquiring into any matter relating to children's services; and (m) conducting research and inquiring into matters relating to any of the commissioner's other functions; and (n) doing anything else— (i) incidental, complementary or helpful to the commissioner's other functions; or (11) likely to enhance the effective and efficient performance of the commissioner's other functions. Expert help 9. In performing the commissioner's functions, the commissioner may obtain help from anyone (an "expert adviser") who, in the commissioner's opinion, is appropriately qualified or experienced to give expert advice. Division 3—Children's commissioner and staff of commission Appointment of commissioner 10.(1) The commissioner is to be appointed by the Governor in Council. (2) A person is qualified for appointment as the commissioner if the person— (a) has knowledge of, and experience in, child protection, community services, child welfare, education, law, medicine, psychology or social work; or (b) has other qualifications and experience the Minister considers appropriate. (3) However, a person is not qualified for appointment as the CNH WHR W NE 12 1517 20 22 2427 sll 10 s 13 Children's Commissioner and Children's Services Appeals Tribunals commissioner if the person has been convicted of an indictable offence.4 (4) The Criminal Law (Rehabilitation of Offenders) Act 1986, sections 6, 8 and 9, do not apply in relation to the appointment of the commissioner. (5) The commissioner is to be appointed under this Act, and not under the Public Service Act 1996. Duration of appointment 11. The commissioner holds office for the term, not longer than 5 years, stated in the instrument of appointment. Terms of appointment 12.(1) The commissioner is to be paid the remuneration and allowances decided by the Governor in Council. (2) The commissioner holds office on the terms not provided for in this Act decided by the Governor in Council. Preservation of rights 13.(1) This section applies if a public service officer is appointed as the commissioner. (2) The person retains and is entitled to all rights that have accrued to the person because of the person's employment as a public service officer, or that would accrue in future to the person because of that employment, as if service as the commissioner were a continuation of service as a public service officer. (3) At the end of the person's term of office or on resignation— (a) the person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an 4 Under the Acts Interpretation Act 1954, section 36, "indictable offence" is defined as follows— ' "indictable offence" includes an act or omission committed outside Queensland that would be an indictable offence if it were committed in Queensland.'. Ak WH 11 13 16 182024 s14 11 s 16 Children's Commissioner and Children's Services Appeals Tribunals office equivalent to the office the person held before being appointed as commissioner; and (b) the person's service as commissioner is to be regarded as service of a like nature in the public service for deciding the person's rights as a public service officer. Leave of absence 14. The Minister may grant leave of absence to the commissioner on the terms the Minister considers appropriate. Resignation 15. The commissioner may resign by signed notice given to the Minister. Termination of appointment 16.(1) The Governor in Council may terminate the appointment of the commissioner if the commissioner— (a) becomes incapable of satisfactorily performing the commissioner's duties; or (b) is guilty of misconduct that could warrant dismissal from the public service if the commissioner were an officer of the public service; or (c) is absent without the Minister's leave and without reasonable excuse, for 14 consecutive days or 28 days in a year. (2) The Governor in Council must terminate the commissioner's appointment if the commissioner— (a) is convicted of an indictable offence; or (b) engages in paid employment outside the duties of office without the Minister's approval. ABW Ne 13 15 1720 22 25 $17 12 s 20 Children's Commissioner and Children's Services Appeals Tribunals Acting commissioner 17. The Governor in Council may appoint a person to act as commissioner— (a) during a vacancy in the office; or (b) during any period, or all periods, when the commissioner is absent from duty or from the State or, for another reason, cannot perform the duties of the office. Staff of commission 18.(1) The staff of the commission are to be employed under the Public Service Act 1996. (2) The commission may arrange with the chief executive of a department, or with an authority of the State, for the services of officers or employees of the department or authority to be made available to it. PART 3—COMPLAINTS AND INVESTIGATIONS Making of complaints 19. A person (the "complainant") may make a complaint to the commissioner about— (a) an alleged offence involving a child; or (b) the delivery of children's services. Assessment of complaint 20.(1) On receipt of a complaint about a matter, the commissioner must— (a) if the complaint is about an alleged offence involving a child—immediately refer the complaint to the commissioner of the police service and, if the commissioner believes the complaint AaWn fF WN 1217 19 22 24 s21 13 s 23 Children's Commissioner and Children's Services Appeals Tribunals (b) raises issues that are appropriate for investigation by another entity, refer the complaint to the other entity; or if the complaint is about the delivery of children's services—assess the complaint to decide whether the complaint warrants further investigation by the commissioner or another entity. (2) After referring a complaint to the commissioner of the police service or another entity, the commissioner must, if asked by the commissioner of police or other entity, assess the complaint to decide whether the complaint warrants further investigation. Commissioner may require further information 21. The commissioner may, by written notice to the complainant, require further particulars of the complaint within the reasonable time stated in the notice. Time for completion of assessment 22.(1) The commissioner must complete the assessment of the complaint— (a) (b) if the commissioner is assessing the complaint at the request of the commissioner of police or another entity—within 28 days after receiving the request; or if the complaint is about the delivery of children's services—within 28 days after the complaint is received. (2) However, if the commissioner has asked the complainant to give further particulars of the complaint, the commissioner must assess the complaint within 28 days after the day the particulars are required to be provided. Commissioner's obligation after assessment 23.(1) After the commissioner has completed the assessment of a complaint, the commissioner must— SCOMN DAWN RW NE e 1317 1922 24 26 29 s 24 14 s24 Children's Commissioner and Children's Services Appeals Tribunals (a) if the complaint is about an alleged offence involving a child—give details of the commissioner's assessment to the commissioner of the police service or other entity that requested the assessment; or (b) ifthe complaint is about the delivery of children's services— (i) decide to investigate the complaint further or, if the commissioner believes the complaint raises issues that are appropriate for investigation by another entity, refer the complaint to the other entity; or (11) decide the matter does not warrant further investigation. (2) However, the commissioner may make a decision that a complaint does not warrant further investigation only if— (a) the commissioner reasonably believes the complaint is frivolous, vexatious or is not made in good faith; or (b) the subject matter of the complaint, or part of the complaint, is under investigation by another entity or has been or is the subject of a legal proceeding; or (c) the complaint can be dealt with in another way that is satisfactory to the complainant; or (d) the complainant has failed, without reasonable excuse, to provide further particulars of the complaint within the time stated in a notice given by the commissioner. Investigation of complaint about the delivery of children's services 24.1) This section applies if the commissioner has completed an assessment of a complaint about the delivery of children's services and decides to investigate the complaint further. (2) The commissioner must, as soon as practicable, conduct an investigation to obtain further information about the complaint and decide what further action should be taken about the complaint. (3) In conducting the investigation, the commissioner may, by written notice— COIUD WD BWNHE e Oo ee NR aon' Bw Se ee NAN a \©o NO wpohN NH oO 26 2831 s25 15 s27 Children's Commissioner and Children's Services Appeals Tribunals (a) inform the entity that provides the service (the "service provider") of the nature of the complaint and that an investigation is being carried out; and (b) invite the service provider to make a written submission about the complaint within the reasonable time stated in the notice. (4) The service provider must cooperate with the commissioner in conducting the investigation. Report on completion of investigation 25.(1) After completing the investigation, the commissioner must prepare a report about it. (2) The report may recommend that the service provider or another entity take stated action. (3) The commissioner must give a copy of the report to the Minister and the service provider or other entity. Report may be tabled 26.(1) If the commissioner is satisfied no action is taken by the service provider or entity within a reasonable time, the commissioner may recommend to the Minister that a further report prepared by the commissioner about the matter be tabled in the Legislative Assembly. (2) A copy of any submission made by the service provider or other entity in relation to the report under section 25 must be tabled with the further report prepared by the commissioner. Complainant to be notified 27. As soon as practicable after referring a complaint to the commissioner of the police service or another entity or completing an assessment or investigation of the complaint, the commissioner must give written notice to the complainant of the action taken or recommended by the commissioner. ND nO Wp 12 14 1719 212527 s 28 16 s31 Children's Commissioner and Children's Services Appeals Tribunals Relationship with ombudsman 28. This part does not prevent the ombudsman performing the ombudsman's principal function under the Parliamentary Commissioner Act 19745 PART 4—OFFICIAL VISITORS Division 1—Appointment of official visitors Appointment 29. The commissioner may appoint a general employee under the Public Service Act 1996 as an official visitor if the commissioner considers the employee has the necessary expertise, experience or training to be an official visitor. Limitation of official visitor's powers 30.(1) An official visitor is subject to the commissioner's directions in exercising the official visitor's powers. (2) The powers of an official visitor may be limited— (a) under a regulation; or (b) under a condition of appointment; or (c) by written notice given by the commissioner to the official visitor. Official visitor's appointment conditions 31.(1) An official visitor holds office on the conditions stated in the 5 Under the Parliamentary Commissioner Act 1974, section 13(1), the ombudsman's principal function is investigating administrative action taken by, in or on behalf of an agency. BRwWN 11 14 1618 20 s 32 17 s 33 Children's Commissioner and Children's Services Appeals Tribunals instrument of appointment. (2) An official visitor ceases to hold office at the end of the term stated in the instrument of appointment. (3) An official visitor may resign by signed notice of resignation given to the commissioner. Official visitor's identity card 32.(1) The commissioner must give each official visitor an identity card. (2) The identity card must— (a) contain a recent photograph of the official visitor; and (b) be signed by the official visitor; and (c) identify the person as an official visitor for this Act. (3) A person who ceases to be an official visitor must return the person's identity card to the commissioner as soon as possible (but within 21 days) after the person ceases to be an official visitor, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (4) This section does not prevent the giving of a single identity card to a person for this and other Acts or for other purposes. Production or display of official visitor's identity card 33.(1) An official visitor may exercise a power in relation to another person only if— (a) the official visitor first produces his or her identity card for the person's inspection; or (b) the official visitor has the official visitor's identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the official visitor must produce the identity card for inspection by the person at the first reasonable opportunity. Ak WH Nowe ES Mon 11 1315 18 21 23 25 2729 s 34 18 s 36 Children's Commissioner and Children's Services Appeals Tribunals Training of official visitors 34. It is the commissioner's duty to ensure official visitors are adequately and appropriately trained to carry out their functions effectively and efficiently. Division 2—Functions and powers of official visitors Functions 35. An official visitor's functions are— (a) inspecting residential facilities to find out whether the facilities provide an appropriate standard of care for residents; and (b) suggesting to the commissioner ways of improving the effectiveness and quality of care provided in residential facilities. Powers 36.(1) An official visitor may— (a) at any reasonable time, enter and inspect a residential facility; and (b) confer alone with a resident or member of the staff of the facility; and (c) inspect any of the facility's documents relating to its operation; and (d) provide the commissioner with advice and reports on any matter relating to the conduct of the facility. (2) In exercising a power, an official visitor must act in a way that preserves, as far as practicable, the privacy of residents of the facility. BRwWN Bo ©Om AX a 1316 18 20 22 s37 19 s 38 Children's Commissioner and Children's Services Appeals Tribunals PART 5—CHILDREN'S SERVICES APPEALS TRIBUNAL Division 1—Tribunal panel and members Appointment of tribunal panel members 37.(1) The Minister may appoint qualified individuals as members of a panel of children's services appeals tribunal members (the "tribunal panel"). (2) The tribunal panel is to consist of the number of tribunal panel members the Minister considers necessary. (3) A person is qualified for appointment as a tribunal panel member if the person— (a) has knowledge of, and experience in, child protection, community services, child welfare, education, law, medicine, psychology or social work; or (b) has other qualifications and experience the Minister considers appropriate. (4) However, the following persons are not qualified for appointment as tribunal panel members— (a) an officer or employee of the department; (b) aperson convicted of an indictable offence; (c) a person refused a certificate of approval as a care provider or licensee under the Child Care Act 1991. (5) The Criminal Law (Rehabilitation of Offenders) Act 1986, sections 6, 8 and 9, do not apply in relation to the appointment of a tribunal panel member. Duration of appointment 38.(1) A tribunal panel member may be appointed for a term not longer than 3 years. Bo COM NDUNH Lp eee ee BRWN eRe ew on NWN NO Fe Co Oo NN Ne N N ARS 28 s 39 20 s 42 Children's Commissioner and Children's Services Appeals Tribunals (2) A tribunal panel member may resign by signed notice of resignation given to the Minister. Conditions of appointment 39.(1) A tribunal panel member is to be paid the remuneration and allowances decided by the Governor in Council. (2) A tribunal panel member holds office on the conditions not provided in this Act as are decided by the Governor in Council. Removal from office 40. The Minister may, by written notice given to a tribunal panel member, remove the member from office if the member— (a) is incapable of properly discharging the functions of a tribunal member; or (b) is unfit to hold the office. Division 2—Jurisdiction, establishment and composition of tribunals Tribunal's jurisdiction 41. A tribunal has jurisdiction to hear an appeal against a reviewable decision. Commissioner to establish tribunal 42.(1) The commissioner is to establish a children's services appeals tribunal to hear an appeal against a reviewable decision. (2) The commissioner must, within 3 days of its establishment, give notice of the tribunal panel members constituting a tribunal to— (a) the parties to the appeal; and (b) the members. Ne ND ne Ww 12 17 20 22 24 s 43 21 s 46 Children's Commissioner and Children's Services Appeals Tribunals Composition of tribunals 43.(1) A tribunal is to consist of— (a) the commissioner and 2 tribunal panel members chosen by the commissioner; or (b) 3 tribunal panel members chosen by the commissioner. (2) The commissioner must not be a member of a tribunal to hear an appeal against a reviewable decision if the commissioner has, under part 3, assessed or investigated a complaint by the appellant in relation to the decision. Chairperson 44. The chairperson of a tribunal is— (a) the commissioner; or (b) if the commissioner is not a member of the tribunal—the tribunal panel member nominated by the commissioner. Division 3—Appeals to tribunal Commencing appeals 45.(1) An appeal must be made within 28 days after receipt of written notice of the reviewable decision or within the further period the commissioner allows. (2) An appeal must be— (a) made to the commissioner in the approved form; and (b) accompanied by the fee prescribed under a regulation. Parties to appeal 46.(1) The parties to an appeal are— (a) the appellant; and OMND A Hw NV 1114 182124 s47 22 s47 Children's Commissioner and Children's Services Appeals Tribunals (b) the person who made the reviewable decision; and (c) another person granted leave to become a party. (2) A tribunal may, on application, grant a person leave to become a party to an appeal if the person has a genuine concern in the subject matter of the appeal. (3) A person found by a tribunal to be unjustifiably interfering in a matter is not entitled to become a party in relation to the matter. (4) If directed by a tribunal before or during the hearing of an appeal, the appellant must give notice of the appeal to a stated person. (5) A tribunal may, before or during the hearing of an appeal, join a person as a party to the appeal and require the appellant to give the person notice of the joinder. (6) If 2 or more appeals are considered by a tribunal to arise from the same circumstance, it may deal with all of the appeals at the same hearing. Representative appeals 47.(1) A tribunal may, on application, give leave for an appeal to be dealt with as a representative appeal if it is satisfied — (a) 2 or more persons are entitled to make an appeal arising from the same, similar or related circumstances as those to which the application relates but their joinder as appellants is impracticable; and (b) the applicant is 1 of the persons entitled to appeal and the others consent to a representative appeal; and (c) the application is made in good faith; and (d) the applicant is capable of adequately representing the interests of all persons entitled to appeal; and (e) arepresentative appeal would be to the advantage of the persons entitled to appeal; and (f) arepresentative appeal would be an efficient and effective way to deal with the claims of the persons entitled to appeal. Cm AD NRW vw 12 14 17 1921 23 26 28 30 s 48 23 s 50 Children's Commissioner and Children's Services Appeals Tribunals (2) A tribunal may make orders about the making, notification, conduct and deciding of a representative appeal. (3) The decision of a tribunal on a representative appeal is binding on all persons entitled to appeal. Appeals to decide matter afresh 48. A proceeding on an appeal is to be by way of deciding the matter afresh, unaffected by the reviewable decision. Powers of tribunal on appeal 49. On the hearing of an appeal, a tribunal may— (a) affirm, vary or set aside the reviewable decision; or (b) set aside the reviewable decision and substitute its own decision; or (c) set aside the reviewable decision and return the issue to the decision maker for reconsideration in accordance with matters stated by the tribunal. Operation and implementation of decisions pending appeal 50.(1) The tribunal may grant a stay of a decision appealed against to secure the effectiveness of the appeal. (2) A stay may be granted on conditions the tribunal considers appropriate and has effect for the period stated by the tribunal. (3) The period of a stay must not extend past the time when the tribunal decides the appeal. (4) An appeal against a reviewable decision does not affect the operation of the decision or carrying out of the decision unless the decision is stayed. Rw Ne Nn 12 1418 20 22 24 s51 24 s 52 Children's Commissioner and Children's Services Appeals Tribunals Division 4—Proceedings before a tribunal Procedure 51.(1) When conducting a hearing of an appeal, the tribunal must— (a) observe natural justice; and (b) act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it. (2) In conducting the hearing, the tribunal— (a) is not bound by the rules of evidence; and (b) may inform itself of any thing in the way it considers appropriate; and (c) may decide the procedures to be followed for the hearing. (3) However, the tribunal must comply with this division and any procedural rules. (4) The tribunal must take the measures that are reasonably practicable— (a) to ensure the parties to the hearing understand the nature of the assertions made and their legal implications; and (b) if asked to do so—to explain to the parties any aspect of the tribunal procedures, or any tribunal decision or ruling, relating to the proceeding; and (c) to ensure the parties have the fullest opportunity practicable to be heard. Preliminary conferences 52.(1) Before starting to hear an appeal, a tribunal may convene a preliminary conference between the parties to the proceeding. (2) The conference must be presided over by a tribunal member. (3) The tribunal member may make a decision about the proceeding only if— 25 28 s 53 25 s55 Children's Commissioner and Children's Services Appeals Tribunals (a) the parties agree to the decision; and (b) the tribunal member is satisfied the decision is in the best interests of the person whose interests are considered by the member to be paramount. (4) The tribunal member's decision has effect as if it were a tribunal's decision. Venues 53. A tribunal is to sit at the times and places the chairperson decides. Hearing to be held in private 54. The proceeding before a tribunal is not open to the public unless the chairperson decides, in the special circumstances of the particular proceeding, it is in the public interest for the proceeding to be open to the public. Publication of names etc. 55.(1) A person must not publish, in a public way, information that identifies, or is likely to identify, a person— (a) who appears as a witness before the tribunal in the proceeding; or (b) to whom the proceeding relates; or (c) who is mentioned or otherwise involved in the proceeding. Maximum penalty—100 penalty units or 1 year's imprisonment. (2) However, a person does not commit an offence against subsection (1) if— (a) the tribunal consents to the publication of the information; or (b) the person includes the name in a report given to the Minister under section 75.6 6 Section 75 (Reports) Dun FBWN 1113 16 1820 22 25 s 56 26 s 59 Children's Commissioner and Children's Services Appeals Tribunals Right of appearance 56. The parties to the proceeding may appear at the hearing in person or, by leave of the tribunal, be represented by a lawyer or agent. Questions to be decided by majority of tribunal 57. A question before the tribunal must be decided by a majority of the tribunal members. Procedural powers of tribunal 58.(1) The tribunal may, by written notice (an "attendance notice"), require a person to attend the hearing at a stated time and place— (a) to give evidence; or (b) to produce a stated document or thing. (2) At the hearing, the tribunal may proceed in the absence of a party. (3) The tribunal may adjourn the hearing from time to time. Inspection of documents 59.(1) If a document or thing is produced to the tribunal at the hearing, the tribunal may— (a) inspect the document or thing; and (b) make copies of, photograph, or take extracts from, the document or thing if it is relevant to the hearing. (2) The tribunal may also take possession of the document or thing, and keep it while it is necessary for the hearing. (3) While it keeps a document or thing, the tribunal must permit a person otherwise entitled to possession of the document or thing to inspect, make copies of, photograph, or take extracts from, the document or thing, at the reasonable time and place the tribunal decides. 1113 16 19 21 2325 s 60 27 s 62 Children's Commissioner and Children's Services Appeals Tribunals Offences—hearings 60.(1) A person served with an attendance notice must not— (a) fail, without reasonable excuse, to attend as required by the notice; or (b) fail, without reasonable excuse, to continue to attend as required by the chairperson until excused from further attendance. Maximum penalty—10 penalty units. (2) A person appearing as a witness at the hearing must not— (a) fail to take an oath or make an affirmation when required by the chairperson; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by a tribunal member; or (c) fail, without reasonable excuse, to produce a document or thing the person is required to produce by an attendance notice. Maximum penalty—10 penalty units. Self-incrimination 61. It is a reasonable excuse for a person to fail to answer a question or to produce a document if answering the question or producing the document might tend to incriminate the person. False or misleading information 62.(1) A person must not state anything to the tribunal that the person knows is false or misleading in a material particular. Maximum penalty—10 penalty units. (2) It is enough for a complaint for an offence against subsection (1) to state the statement made was false or misleading to the person's knowledge. 1822 26 s 63 28 s 65 Children's Commissioner and Children's Services Appeals Tribunals False or misleading documents 63.(1) A person must not give to the tribunal a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—10 penalty units. (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the tribunal, to the best of the person's ability, how it is false, misleading or incomplete; and (b) gives the correct information to the tribunal if the person has, or can reasonably obtain, the correct information. (3) A complaint against a person for an offence against subsection (1) is sufficient if it states the document was false, misleading or incomplete to the person's knowledge. Contempt of tribunal 64. A person must not— (a) insult the tribunal or a tribunal member; or (b) deliberately interrupt the tribunal's hearing; or (c) create or continue or join in creating or continuing, a disturbance in or near a place where the tribunal is conducting the hearing; or (d) do anything that would be contempt of court if the tribunal were a judge acting judicially. Maximum penalty—10 penalty units. Division 5—Appeals to a District Court Effect of tribunal's decision and rights of appeal 65.(1) A tribunal's decision is final and binding on the parties. (2) However, a party may appeal against a tribunal's decision on a Fo OAM ND WH PWN ee See BRWN 1618 20 22 27 s 66 29 s 68 Children's Commissioner and Children's Services Appeals Tribunals question of law by filing an appeal in the registry of a District Court within 28 days after the party is given notice of the decision. (3) A District Court may at any time extend the period for filing an appeal. Powers of District Court 66. On the hearing of an appeal, a District Court may— (a) affirm, vary or set aside the tribunal's decision; or (b) substitute, or make, in addition, a decision that should have been made in the first instance; or (c) remit the matter to a tribunal for rehearing; or (d) make any order about costs or any other matter the court considers appropriate. Operation and implementation of decisions pending appeal 67.(1) A District Court may make an order granting a stay of a decision appealed against to secure the effectiveness of the appeal. (2) A order may be made on conditions the court considers appropriate and has effect for the period stated by the court. (3) The period of a stay under an order must not extend past the time when the court decides the appeal. (4) An appeal against a decision does not affect the operation of the decision or carrying out of the decision unless the decision is stayed. Division 6—Miscellaneous Protection of members, legal representatives and witnesses 68.(1) Tribunal members have, in the performance of their duties for the tribunal, the same protection and immunity as a judge of the Supreme Court. Rw Ne Ceo YN Dw 15 17 19 21 26 s 69 30 s 73 Children's Commissioner and Children's Services Appeals Tribunals (2) A lawyer or other person appearing before a tribunal for someone else has the same protection and immunity as a barrister appearing for a party in a proceeding in the Supreme Court. (3) A person required to attend, or appearing before a tribunal as a witness, has the same protection as a witness in a proceeding in the Supreme Court. Allowance to witnesses 69. A witness who appears at a tribunal hearing is entitled to be paid the allowance prescribed under a tribunal rule for attendance at the hearing or, if no allowance is prescribed, the reasonable allowance decided by the chairperson. Costs 70.(1) Each party to a hearing must bear the party's own costs of the hearing. (2) However, a tribunal may make an order about the payment of a party's costs if in particular circumstances it is satisfied it is appropriate to do so. Tribunals to keep records of proceedings 71.(1) A tribunal must keep a record of its proceeding. (2) The record may be kept in the way the tribunal considers appropriate. Authentication of documents 72. A document requiring authentication by a tribunal is sufficiently authenticated if it is signed by a tribunal member. Judicial notice of certain signatures 73. Judicial notice must be taken of the signature of a tribunal member if it appears on a document issued by the tribunal. Dunk WNeE 11 14 161923 26 s74 31 s 76 Children's Commissioner and Children's Services Appeals Tribunals Rule-making power 74.(1) The commissioner may make rules, not inconsistent with this Act, about the practice and procedure of tribunals. (2) A rule has no effect unless approved by the Governor in Council. Reports 75.(1) At the request of the Minister, the commissioner must give to the Minister a report on the operations of tribunals for the period stated in the request. (2) The report must deal with the matters the Minister states in the request. PART 6—MISCELLANEOUS Confidentiality 76.(1) This section applies to a person who— (a) is or has been— (1) the commissioner; or (11) amember of the staff of the commission; or (11) an expert adviser; or (iv) an official visitor; or (v) a tribunal member; and (b) in that capacity acquired information about another person's affairs or has access to, or custody of, a document about another person's affairs. (2) A person to whom this section applies must not disclose the information, or give access to the document, to anyone else. Maximum penalty—100 penalty units or 1 year's imprisonment. BR WN CoO DANI D WN 13151719 2124 s77 32 s 79 Children's Commissioner and Children's Services Appeals Tribunals (3) However, a person may disclose the information or give access to the document to someone else— (a) to the extent necessary to perform the person's functions under or in relation to this Act; or (b) if the disclosure or giving of access is otherwise required or permitted by law; or (c) ifthe person to whom the information or document relates agrees to the disclosure or giving of access and the person is an adult when the agreement is given. Protection from civil liability for certain officials 77.(1) This section applies to a person who is or has been— (a) the commissioner (other than in the commissioner's capacity as a tribunal member); or (b) amember of the staff of the commission; or (c) an official visitor; or (d) an expert adviser. (2) The person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (3) If subsection (2) prevents a civil liability attaching to the person, the liability attaches instead to the State. Impersonation of commissioner or official visitor 78. A person must not pretend to be the commissioner or an official visitor. Maximum penalty—S0 penalty units. Delegation by commissioner 79. The commissioner may delegate the commissioner's powers under this Act to an appropriately qualified officer of the commission. CmN DYN FW NE 11 13 1518 20 23 27 s 80 33 s 84 Children's Commissioner and Children's Services Appeals Tribunals Approval of forms 80. The commissioner may approve forms for use under this Act. Annual report 81.(1) Within 4 months after the end of each financial year, the commissioner must give to the Minister a report on the administration of this Act during the year. (2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the Minister receives it. Review of Act 82.(1) The Minister must review this Act within 5 years after its commencement. (2) To help the Minister review this Act, the commissioner must prepare a report about the operation of the commission and tribunals. (3) In reviewing this Act, the Minister must have regard to the commissioner's report. Regulation-making power 83. The Governor in Council may make regulations under this Act. PART 7—CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS Consequential amendments 84. Schedule | amends the Acts mentioned in it. eN DNF WwW 11 13 15 17 19 21 s 85 34 s 85 Children's Commissioner and Children's Services Appeals Tribunals Continuation of tribunal proceedings 85.(1) This section applies if, before the commencement of this section, a person— (a) appealed to a tribunal under the Adoption of Children Act 1964 against an assessment under that Act; or (b) applied to a tribunal under the Child Care Act 199] for a review of a decision of the chief executive under that Act. (2) If the tribunal had not started to hear the matter, the matter is to be heard by a tribunal established under this Act. (3) If the tribunal had started to hear the matter but had not finished the hearing, the tribunal is to finish the hearing as if this Act had not been enacted. Cm ADR AR WH 12 Children's Commissioner and Children's Services Appeals Tribunals SCHEDULE 1 CONSEQUENTIAL AMENDMENTS section 84 ADOPTION OF CHILDREN ACT 1964 1. Section 6, definition "the tribunal"— omit. 2. Section 6— insert— ' "tribunal" means a children's services appeals tribunal established under the Children's Commissioner and Children's Services Appeals Tribunals Act 1996.'. 3. Sections 8 to 9— omit. 4. Section 13A(4)— renumber as section 13A(5). 5. Section 13A— insert— '(4) Within 14 days after the removal of a person's name from the adoption list, the director must give written notice of the removal and the reasons for it to the person.'. 11 13 15 17 19 Children's Commissioner and Children's Services Appeals Tribunals SCHEDULE | (continued) 6. Section 13D(1)(b), 'the tribunal'— omit, insert— 'a tribunal'. 7. After section 14C— insert— 'Appeals to tribunal about adoption lists and assessments '14D.(1) This section applies if the director— (a) makes a decision to remove a person's name from the adoption list; or (b) makes an assessment that— (i) a person is not of good repute or a fit and proper person to become an adoptive parent; or (11) the interests and welfare of a child to be adopted will not be promoted by making an adoption order in favour of a person. '(2) The person may appeal to a tribunal against the decision or assessment.'. 8. Schedule 2— omit. CHILD CARE ACT 1991 1. Section 3, definition "Tribunal"— omit. w Ceo YN Dn Ff 1417 19 22 Children's Commissioner and Children's Services Appeals Tribunals SCHEDULE 1 (continued) 2. Section 3— insert— " "tribunal" means a children's services appeals tribunal established under the Children's Commissioner and Children's Services Appeals Tribunals Act 1996.'. 3. Section 41(1), from 'apply'— omit, insert— 'appeal to a tribunal against the decision.'. 4. Section 41(2) to (7)— omit, insert— "(2) If the chief executive fails to make a decision about an application mentioned in subsection (1)(a) or (d) within the prescribed period— (a) the failure is taken to be a decision by the chief executive to refuse the application; and (b) the applicant is taken to have received notice of the refusal on the last day of the prescribed period. "(3) In this section— "prescribed period" means the period prescribed under a regulation for this section.'. 5. Sections 42 and 43— omit. 6. Part 6— omit. UA pw N 12 14 16 19 21 23 Children's Commissioner and Children's Services Appeals Tribunals SCHEDULE | (continued) CHILDREN'S SERVICES ACT 1965 1. Section 8— insert— 6 6. aggrieved person", for a reviewable decision, means a person stated opposite the decision in the schedule. "reviewable decision" means a decision stated in the schedule.'. 2. Section 131— omit, insert— 'Information about whereabouts of a child in care 131.(1) A parent of a child in care may ask the director for information about the child's whereabouts. '(2) The director must give the parent the information unless, in the director's opinion, it is not in the best interests of the child to provide the information. '. 3. After section 143A— insert— 'Director to give notice of reviewable decision "143B.(1) Within 14 days after making a reviewable decision, the director must give written notice of the making of the decision and the reasons for it to the aggrieved person for the decision. "(2) If the director fails to make a decision about a relevant application within the prescribed period— (a) the failure is taken to be a decision by the director to refuse the application; and (b) the applicant is taken to have received notice of the refusal on the Hn nk WwW NY 11 13161922 24 Children's Commissioner and Children's Services Appeals Tribunals SCHEDULE | (continued) last day of the prescribed period. '(3) In this section— "prescribed period" means the period prescribed under a regulation for this section. "relevant application" means— (a) an application under section 104 for approval to act as a foster parent; or (b) a request under section 131 for information about the whereabouts of a child in care; or (c) an application under section 134 for approval for a child in care to leave the State.'. 'Appeal against reviewable decision '143C. An aggrieved person for a reviewable decision may appeal to a tribunal against the decision.'. 4. After section 153— insert— 'SCHEDULE "REVIEWABLE DECISIONS AND AGGRIEVED PERSONS section 8, definitions "aggrieved person" and "reviewable decision" Reviewable decisions Aggrieved person Revocation of approval in relation The institution's governing to licensed institution (s 39) authority Bw N Bo Cm ID w ee 14 16 19 Children's Commissioner and Children's Services Appeals Tribunals SCHEDULE 1 (continued) Ordering a person to do or refrain from doing any act or thing pertaining to a matter or object specified in a protective supervision order (s 56(1)(b)) Decision to make use of facilities and services to further the best interests of a child in care (s 58) Imposition of conditions on the use of facilities and services (s 58(1A)) Placing a child in care in the charge of a foster parent (s 103(1)) Removal of a child in care from charge of foster parent (s 103(1A)(b)) Refusal to approve person to act as foster parent (s 104(1)) Revocation of approval of person to act as foster parent (s 104(4)) Placing of child in care (s 105(2)) Refusal to give information to the parent of a child in care about the child's whereabouts (s 131(2)) ssue of an order that a parent or parents of a child in care should not have access to the child (s 132(2)(a)) ssue of an order about the access of a parent or parents of a child in care to the child subject to conditions (s 132(2)(b)) The child, the child's parents or guardian or another person having custody of the child he child or a parent or relative of the child he child or a parent or relative of the child he child or the child's parents he child or the child's parents or foster parents The applicant he former foster parent he child or the child's parents or foster parents he parent he child or the child's parents The child or the child's parents Rone nun 14 1619 Children's Commissioner and Children's Services Appeals Tribunals SCHEDULE | (continued) Refusal to give approval for a person other than a parent of a child in care to visit or communicate with a child (s 132(4)) Refusal to give approval for a child in care to leave the State (s 134(1)) Imposition of conditions on an approval for a child in care to leave the State (s 134(1)) Variation of conditions on child in care leaving the State (s 134(1A)) Refusal to declare a child from another State to be admitted to the director's care and_ protection (s 134(4)) Removal of a child in care under a declaration under section 134(4) (s 134(8)) The child, the child's parents or the person refused approval parents or The child, the child's another person having custody o the child parents or The child, the child's another person having custody o the child parents or he child, the child's another person who has custody o the child he child, the child's parents or the applicant The child, the child's parents or the person to whose charge the child will be returned '. PUBLIC SERVICE ACT 1996 1. Schedule 1— renumber items 3 to 11 as items 4 to 12. 2. Schedule 1— insert— '3, Children's Commission Children's commissioner'. \o 12 15 1719 Children's Commissioner and Children's Services Appeals Tribunals SCHEDULE 2 DICTIONARY section 3 "appropriately qualified", for an officer of the commission to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power. Example of 'standing '— An officer's classification level in the public service. "approved form" see section 80. "attendance notice" see section 58. "child" means an individual under 18. "child sex tourism" means tourism organised to facilitate, whether directly or indirectly, a sexual relationship with a child. "children's services" means a service provided under or in relation to children's services legislation. "children's services legislation" means— (a) the Adoption of Children Act 1964; or (b) the Child Care Act 1991; or (c) the Children's Services Act 1965; or (d) the Family Services Act 1987. "commission" means the Children's Commission established under this Act. "commissioner" means the Children's Commissioner appointed under this Act. "complainant" see section 19. Com NDUWN SE 1114 16 182023 25 Children's Commissioner and Children's Services Appeals Tribunals SCHEDULE 2 (continued) "expert adviser" see section 9. "foster home" means a home where a foster parent has in his or her charge a child in care under the Children's Services Act 1965. "offence involving a child" does not include an offence involving a child if the child is the alleged offender. "official visitor" means person appointed as an official visitor under this Act. "ombudsman" means the Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1974. "residential facility" means a place where residential accommodation is provided by the State, or an entity funded by the State, for children who are in the care of the chief executive or entity. "reviewable decision" means— (a) a decision or assessment mentioned in the Adoption of Children Act 1964, section 14D(1); or (b) a decision mentioned in the Child Care Act 1991, section 41(1); or (c) areviewable decision under the Children's Services Act 1965. "service provider" see section 24. "tribunal" means a children's services appeals tribunal established under this Act. "tribunal member" means a member of a tribunal, and includes the commissioner. "tribunal panel" means the panel of children's services appeals tribunal members mentioned in section 37.7 7 — Section 37 (Appointment of tribunal panel members) Children's Commissioner and Children's Services Appeals Tribunals SCHEDULE 2 (continued) "tribunal panel member" means a member of the tribunal panel. "tribunal rule" means a rule made under section 74.8 © State of Queensland 1996 8 Section 74 (Rule-making power)