ek A tts y Queensland Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Queensland Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Contents Page Part 1 Preliminary 1 Short title 2.0... ee ee 8 2 Commencement... .......... 0.0 c cee eee eee 8 Part 2 Amendment of Community Services Act 2007 3 Actamended ......... 0.0 c cece cece eet eens 8 4 Amendment of long title... ........... 0.00... c eee eee eee 8 5 Replacement of ss 3-5... 0.0... eee ee 9 3 Main object and achievement.................-- 9 4 Guiding principles...............00....000000, 9 5 Finite resources available....................-- 10 6 Amendment of s 6 (Definitions) ......................0.0.. 11 7 Replacement of SS 7-9... 0.0... 11 7 Meaning of funded entity and funded product or SEPVICE eee ee 11 8 Meaning of funding and funding agreement........ 12 9 References to Minister, chief executive and department —s xj xs se eee eee 12 8 Replacement of pts 2-6... 0.2... eee eee ee 13 Part 2 General provisions about funding 10 Application of Act.......... 0.000... cee eee eee 13 11 Act does not limit other remedies or powers ....... 14 12 Minister may declare funding to which this Act applies kee eee eee 14 13 List of declared funding must be kept and published . 15 14 Chief executive must notify funded entities about declaration 6 eee eee 15 15 Cooperative approach ..................00000, 16 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Contents 1214 17 1921 Page 2 Part 3 Managing serious concerns Division 1 Preliminary 16 Meaning of serious concern.................05- 17 Report by authorised officer..................0. Division 2 Compliance notice 18 Application of div2................. cee eee eee 19 Compliance notice ..............0.....00 02 eee Division 3 Interim manager 20 Chief executive may appoint interim manager ...... 21 Basis of appointment .................-.2-00-- Division 4 Recovery of funding 22 Recovery of funding.................-ee eee eee Replacement of ss 39 and 40................0....00 000 ee 39 Purpose of pt7.......... 0.000. e cee 40 Functions of authorised officers................. Replacement of ss 41-43... 20... cee eee eee 41 Appointment........... 0.000.002 e eee eee eee 42 Authorised officer subject to direction ............ Amendment of s 45 (Issue of identity card) ................. Amendment of s 53 (Issue of warrant). ...........2.....00. Amendment of s 57 (General powers after entering a place)... . Replacement of ss 60 and 61...............002...00 000 ee 60 Power to require information.................... 61 Offence to contravene information requirement or certification requirement................-...05. Insertion of news 61A .... 00... eee 61A Duty to avoid inconvenience and minimise damage. . Amendment of s 63 (Compensation) ...................00. Replacement of s 68 (Main purpose of pt 8) ................ 68 Application of pt8................... 2c eee eee Omission of ss 69 and 70. ..... 0.00... ccc eee Amendment of s 71 (Suitability of proposed appointee)........ Amendment of s 72 (Terms of appointment) ................ Replacement of s 73 (Notice to funded service provider about appointment) ...... 00... eee eee eee 73 Notice to funded entity about appointment......... 18 19 20 222223242525 2727272728 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Contents Replacement of s 74 (Informing persons using community services about appointment) ...................0...000 ee 29 74 Informing particular persons about appointment .. . . 29 Amendment of s 76 (Variation of appointment) .............. 29 Amendment of s 77 (Ending of appointment)................ 30 Replacement of ss 79 and 80...............00 2.0.0 eee eee 31 79 Functions .... 2.0... 0. cece ee eee ee 31 80 POWEIS ©... eee 31 Amendment of s 82 (Other powers)..............00-.00008 31 Amendment of s 86 (Access to information or documents) .... . 32 Amendment of s 87 (Confidentiality) ...................0.. 32 Amendment of s 91 (Compensation) ...................05. 33 Amendment of s 93 (Chief executive must give notice after making reviewable decision)...................0000e eee 33 Amendment of s 94 (Application for review)................. 33 Amendment of s 95 (Stay of operation of original decision)... . . 33 Amendment of s 96 (Review decision)..................... 34 Omission of pt 9, div 3 (Review of review decision by tribunal) . . 34 Replacement of ss 124-126. .............. 00 ee cece 34 124 Joint exercise of powers...............002.000. 34 125 Chief executive not required to notify particular funded entities ................0....0000.000. 35 Amendment of s 128 (Duty of confidentiality)................ 35 Replacement of s 129 (Power to require information or documents) 6. eee eee 36 129 Power to require information.................... 36 Amendment of s 130 (Protection from liability for giving information) wk eee 36 Replacement of s 131 (Chief executive may share information about service provider)... 2.0.00... 0.0 cece eee eee eee 37 131 Chief executive may share information about funded entity eee ee ee 37 Replacement of section 132 (Delegation by Minister or chief executive) wee eee 37 132 Delegation by Minister or chief executive.......... 37 Amendment of s 133 (Protecting officials from liability) ........ 37 Amendment of s 136 (Definition for div 1) .................. 38 Omission of pt 13, div 2 (Provision for Criminal Code and Other Acts Amendment Act 2008) .............0. 0.0 c eee eee eae 39 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Contents Part 348 50 Page 4 Insertion of new pt 13, div4.............. 00. Division 4 Transitional provisions for Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 Subdivision 1 Preliminary Definitions for div4.............. 0.00.0 e eee eee Subdivision 2 Transitional provision for repealed Family Services Act 1987 Written agreements about grants continue in force . . Subdivision 3 Other transitional provisions 150 153 Service agreements continue in force ............ Obligation to enter agreement about assistance CONtINUCS wee eee Contraventions of funding agreement or Act before commencement ...............00000 eee eee eee Authorised officers ......... 0.0.0.0. ce eee ee eee Interim managers..................0.0.0.000. Reviews .... 0.2.00... eee Subdivision 4 | Renumbering of Act Renumbering of Act...............0 0000 Replacement of sch 1 (Reviewable decisions)............... Schedule 1 Reviewable decisions Amendment and renumbering of sch 4 (Dictionary)........... Amendment of Child Protection Act 1999 Actamended .......... 0.0.0. ccc eee Insertion of newch 5, pt1A..... 2... eee eee eee Part 1A 155A 155B 155C 155D Honorary officers Function... 0.2.0.0... cece eee eee eee Conditions of appointment .................220. Amendment of s 182 (Evidentiary provisions) ............... Insertion of new ch9, pt8 ...... 6. eee ee Part 8 Transitional provision for Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 Honorary officers appointed under repealed Act... . Amendment of sch 3 (Dictionary)... .............02...0.05. 4344 45 48 484949 50 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Contents Part 4 Amendment of Disability Services Act 2006 52 Actamended ......... 00. c cece cece ete tees 50 53 Omission of s 16 (Meaning of approved non-government service provider)... 0.0... 2. eee 51 54 Omission of pts 3and4..........0... 0.0 cee cece eee 51 55 Amendment of s 41 (Complaints by consumers) ............. 51 56 Omission of pts 6-8... 6... eee eee 51 57 Amendment of pt 10A, div 4, sdiv 3, hdg (Requirements if adult subject to forensic order or involuntary treatment order) ....... 51 58 Amendment of pt 10A, div 8, sdiv 2, hdg (Requirements for relevant service providers).............. 000... cece eee eee 51 59 Omission of pts 11 and12............. 000... e cece eee 52 60 Omission of pt 14 (Reviews). ........... 000... c cee eee eae 52 61 Amendment of s 193 (Appointments and authority)........... 52 62 Amendment of s 194 (Signatures) .....................00. 52 63 Amendment of s 195 (Evidentiary provisions) ............... 52 64 Amendment of s 222 (Confidentiality of other information) .... . 52 65 Insertion of new S 226A... 1.2... eee ee 53 226A Monitoring and enforcement.................... 53 66 Amendment of s 227 (Delegation by Minister)............... 53 67 Amendment of s 228 (Delegation by chief executive) ......... 53 68 Amendment of s 229 (Protecting officials from liability) ........ 54 69 Amendment of s 237 (Certain non-government service providers taken to be approved under part 6 and to be funded non-government service providers) ..............20....00. 54 70 Amendment of s 238 (When grants of financial assistance under the repealed Act continue) .............0.....0 02 e eee 54 71 Amendment of s 239 (Queensland disability service standards to continue in force) .. 6.0.2... eee eee 54 72 Amendment of s 240 (Disability sector quality system to continue in force)... eee 55 73 Insertion of new pt 16, div10..................00 2000-0 55 Division 10 Transitional provisions for Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 326 Definitions for div10...............00.. 0000 55 327 Funding agreements continue in force............ 56 328 Obligation to enter agreement about assistance Continues wee 57 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Contents Part 5 Part 6 Schedule 1 Page 6 329 Contraventions of funding agreement or Act before commencement ................0000 eee eee eee 330 Interim managers. ...........- 0.0 cece eee eee 331 Confidentiality obligation continues to apply to authorised officers and interim managers ......... 332 ReVIOWS ©... eee 333 Renumbering of Act.............. 000. e eee ee Replacement of sch 2 (Reviewable decisions)............... Schedule 2 Renumbered cross-references Amendment of sch 7 (Dictionary)..................--00005 Repeal of Family Services Act 1987 Minor and consequential amendments Acts amended .......... 00.0.0. c eee eee eee Minor and consequential amendments .................. Community Services Act 2007................00 2-0. c eee Maintenance Act 1965 ....... 0.6... cece eee ee eee Police Service Administration Act 1990 ..................... Public Service Act 2008 ............0. 000s eee cece eee 58 5961 666869 A Bill for An Act to amend the Community Services Act 2007, the Child Protection Act 1999 and the Disability Services Act 2006 for particular purposes, to repeal the Family Services Act 1987, and to make minor and consequential amendments of other legislation as stated in schedule 1 Clause Clause Clause Clause Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014. 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Amendment of Community Services Act 2007 3 Act amended This part amends the Community Services Act 2007. Note— See also the amendments in schedule 1. 4 Amendment of long title Long title, from 'assistance' to 'the community services,' — omit, insert— powers to safeguard funding for the delivery of products and services to the community Page 8 oN 1113 1518 Clause 5 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 Replacement of ss 3-5 Sections 3 to 5— omit, insert— [s 5] 3 Main object and achievement (1) The main object of this Act is to safeguard funding for the delivery of products or services to the community that— (a) contribute to Queensland's economic, social and environmental wellbeing; and (b) enhance the quality of life of individuals, groups and communities. (2) _ This object is mainly achieved by providing clear and consistent powers that safeguard— (a) funding provided to entities to deliver products or services; and (b) the delivery of products or services that are provided with the funding. 4 Guiding principles This Act is to be administered in a way that has regard to the following principles— (a) the use of public funds for products and services should— (i) (ii) advance Queensland's social, economic and environmental wellbeing; and respond to the diverse needs of individuals, groups and communities; (b) the government should administer funding in a way that— (i) is efficient and transparent; and Page 9 Com AINADN PWN ee re oO RR Wn ine ns Re eon 20 22 2427 29 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 5] (ii) involves clear and timely communication; and (iii) promotes excellence in the delivery of products and services; and (iv) provides sustainable service delivery to communities; (c) the contractual arrangements between government and funded entities should reflect a clear and common understanding of— (i) the purpose of the funding; and (ii) the results to be achieved from the funded products and services; and (iii) the intended recipients of the products or services; (d) ensuring accountability in the delivery of funded products and services will— (i) protect the safety and interests of users of the products or services, including those who are at risk or are vulnerable; and Gi) help to maintain public confidence about the use of public funds; (e) the government and funded entities should recognise each other's accountabilities. 5 Finite resources available In administering this Act, regard must be had to the following— (a) the State has finite resources available to provide as funding; Page 10 autonomy and OAN DN FW Ne Se cr CO aeilend Wn ine ns RR on NNR None) NN WN NNN Duns 29 31 Clause 6 Clause 7 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 6] (b) there is a need to ensure the State's resources provided as funding are used properly to deliver funded products and services. Amendment of s 6 (Definitions) Section 6, 'schedule 4'— omit, insert— schedule 2 Replacement of ss 7-9 Sections 7 to 9— omit, insert— 7 Meaning of funded entity and funded product or service (1) A funded entity is an entity that receives funding provided by a department to deliver a product or service. (2) A funded product or service, in relation to a funded entity, is a product or service required to be delivered by the funded entity with funding received by the funded entity. (3) For subsections (1) and (2), it does not matter whether— (a) the entity received the funding from the department or from another entity that received the funding from the department; or (b) the entity has a funding agreement with the department about the funding; or (c) other funds or resources are also used by the entity to deliver the product or service. Page 11 BWNR onNnNnnwnm 11 13 151820 22 2426 28 30 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 7] Page 12 Meaning of funding and funding agreement d) (2) A department provides funding if the department provides aid or support in the form of money or other assistance to an entity— (a) to enable the entity to deliver a product or service to the community where the product or service has a social, environmental or economic benefit for Queensland; and (b) on conditions that— (i) require specified products or services to be delivered; and (ii) require the entity to be accountable to the department for delivering the products or services and the use of the money or other assistance. Examples of assistance other than money the department may provide— ¢ lease of a building ¢ transfer of land * goods or services ¢ in-kind support A funding agreement is a written agreement with an entity about a department providing funding to the entity. References to Minister, chief executive and department d) In a provision of this Act— (a) areference to a Minister is a reference to a Minister who administers a department, or part of a department, providing funding; and (b) a reference to a chief executive is a reference to the chief executive of a department providing funding; and CIDW BwWN \o 11 1315 17 1921 2326 2932 Clause 8 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 (2) (3) (4) Part 2 Amendment of Community Services Act 2007 [s 8] (c) areference to a department is a reference to a department providing funding. In a provision about a Minister, a reference to the department is a reference to a department, or part of a department, providing funding that is administered by the Minister. In a provision about a chief executive, a reference to the department is a reference to the department of which the person is the chief executive. The Acts Interpretation Act 1954, section 33(2), (7) and (11) does not apply. Note— The Acts Interpretation Act 1954, section 33 deals with references to Ministers, departments and chief executives. For the purposes of this Act, a reference to, for example, the chief executive is not limited to the chief executive of the public sector unit administering this Act. Replacement of pts 2-6 Parts 2 to 6— omit, insert— Part 2 General provisions about funding 10 Application of Act d) (2) This Act applies in relation to funding provided by a department that is the subject of a funding declaration. To remove any doubt, it is declared that, if the funding was not the subject of a funding declaration when it was provided, this Act applies in relation to the funding from when it becomes the subject of a funding declaration. Page 13 OMANI DAUNPW Ne ee re oO me N Roland satlantieetiand CAINAMBRW 2023 262931 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 8] Page 14 11 Act does not limit other remedies or powers This Act does not limit— (a) a remedy available to a chief executive under a funding agreement; or (b) a chief executive's powers apart from this Act; or (c) the powers that may be exercised in relation to a funded entity under another Act. 12 Minister may declare funding to which this Act applies d) (2) (3) A Minister may, by notice (a funding declaration) published on a Queensland Government website, declare funding to be funding to which this Act applies. A funding declaration may relate to— (a) funding provided, or available to be provided, under a program of funding administered by the department; or (b) funding provided, or to be provided, to an entity on a one-off basis. In deciding whether to make a_ funding declaration, the Minister may consider the following matters— (a) the nature of— (i) the product or service to be delivered with the funding; and (ii) the service provider market; and (iii) the entity or entities to be provided with the funding; (b) the importance of the product or service to meeting the needs of individuals, groups and the community; CN AW BwWNe 1214 1720 2226 29 31 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 8] (c) the characteristics and vulnerability of the users, or intended users, of the product or service; Examples— ¢ people with disability ¢ children and young people (d) the amount of funding to be provided; (e) whether the funding is regulated under another law or an administrative scheme; (f) any other matter the Minister considers is relevant. 13 List of declared funding must be kept and published d) (2) A chief executive must keep a list of funding administered by the chief executive's department that is the subject of a funding declaration. The chief executive must publish the list on a Queensland Government website. 14 Chief executive must notify funded entities about declaration d) (2) (3) This section applies if, after a funded entity enters into a funding agreement or receives funding, the funding becomes the subject of a funding declaration. The chief executive must give the funded entity notice of the funding declaration within 1 month after the declaration is made. The notice must include information about the powers that can be exercised in relation to the funding under this Act. Page 15 Pre OA N DUN FSF WNKE re oO 1518 20 2224 2629 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 8] Page 16 (4) Failure to comply with subsection (2) does not affect the validity of the funding declaration. 15 Cooperative approach d) (2) (3) Before a chief executive or an authorised officer exercises a power under this Act in relation to a funded entity, the chief executive or authorised officer must consider whether it would be more appropriate, instead of exercising the power— (a) to seek the cooperation of the funded entity; or (b) to use a remedy available under a funding agreement. Examples of cooperation— * requesting consent to inspect a funded entity's records ¢ jointly developing and monitoring a remedial plan for breaches of the funding agreement * agreeing to reporting or monitoring requirements for an identified risk Nothing in this Act limits the way in which a chief executive or authorised officer may cooperate with a funded entity in dealing with a matter in relation to which a power under this Act could be exercised. The exercise of a power under this Act can not be challenged merely because the chief executive or authorised officer did not comply with subsection (1). ONADMH W \o 12 15 17 19 21232628 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 3 Division 1 Part 2 Amendment of Community Services Act 2007 [s 8] Managing serious concerns Preliminary 16 Meaning of serious concern A serious concern for funding received by a funded entity exists if any of the following happen or there is a serious risk that any of the following will happen— (a) (b) (c) the funding received by the funded entity is improperly used; Examples of improper use of funding— ¢ funding is used for a dishonest or fraudulent purpose ¢ funding is used for a purpose other than providing a funded product or service the funded entity significantly fails to deliver a funded product or service; Example of significantly failing to deliver a product or service— closing an emergency accommodation service delivered with funding where the service is required, under the funding agreement, to be continually open an act done or omission made by the funded entity in providing a funded product or service results in harm to an individual; Example— an individual uses a funded service delivered by a funded entity and the individual suffers physical, psychological, emotional or financial harm as a result of neglect, abuse or exploitation by the funded entity Page 17 CANN F \o 11 13 15 17 19 2123 252931 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 8] (d) if the funded entity received the funding to deliver disability services to which the Disability Services Act 2006 applies—the funded entity contravenes a provision of the Disability Services Act 2006. 17 Report by authorised officer Before deciding whether to take action under this part in relation to a funded entity, a chief executive may obtain a written report from an authorised officer appointed by the chief executive about whether a serious concern exists for funding received by the funded entity. Division 2 Compliance notice 18 Application of div 2 d) (2) (3) Page 18 This division applies if a chief executive reasonably believes— (a) a-serious concern exists for funding received by a funded entity; and (b) the serious concern is reasonably capable of being remedied; and (c) it is appropriate to give the funded entity an opportunity to remedy the serious concern. This division also applies if a chief executive reasonably believes a funded entity failed to comply with a requirement notice given to the entity by the chief executive. This division applies to a funded entity even if funding provided under a funding agreement has been suspended. MABWNR oman a 1116 18 20 22 2426 28 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 8] 19 Compliance notice d) (2) (3) (4) The chief executive may give the funded entity a notice (a compliance notice) requiring the funded entity to remedy the serious concern or comply with the requirement notice. The compliance notice must state the following— (a) that the chief executive reasonably believes— (i) aserious concern exists; or (ii) the funded entity has failed to comply with a requirement notice; (b) the grounds for the chief executive's belief; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) that the funded entity must remedy the serious concern or noncompliance within a stated reasonable time; (e) that it is an offence to fail to comply with the compliance notice unless the funded entity has a reasonable excuse. The compliance notice may also state— (a) the reasonable steps the chief executive is satisfied are necessary to remedy the serious concern or noncompliance; and (b) that the funded entity must report in writing to the chief executive after taking a step or steps. The funded entity must comply with the compliance notice unless the funded entity has a reasonable excuse. Maximum penalty—100 penalty units. Page 19 CODA NAD NHPWN — So ao Ne me ww ine ns RRR onan NNY ro) N iS) NNN mn B&W NNW onan Wwny No) LoS) N Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 8] (5) If the chief executive reasonably believes the funded entity has contravened subsection (4), the chief executive may decide— (a) to suspend or stop the funding despite anything in a funding agreement about the funding; or (b) to terminate the funding agreement to the extent it is about the funding. Division 3 Interim manager 20 Chief executive may appoint interim manager A chief executive may appoint a person as interim manager for the funding received by a funded entity. Note— Part 8 contains provisions that apply to the appointment of an interim manager under this section. 21 Basis of appointment d) (2) Page 20 The chief executive may make the appointment only if the chief executive is satisfied— (a) the appointment is reasonably necessary to remedy a serious concern for the funding; and (b) it is essential for a funded product or service of the funded entity to continue to be delivered; and (c) an administrator, liquidator or receiver has not been appointed for the funded entity. In being satisfied under subsection (1), the chief executive— CN ANAK WNE 1216 19 212427 29 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 8] (a) must have regard to the likely consequences for persons using the funded product or service if the funded product or service is not delivered or delivered when a serious concern exists; and (b) Division 4 may have regard to the following— (i) (ii) (iii) (iv) (v) (vi) the type of funded product or service; the amount of the funding; whether funding has been suspended or stopped; whether the funded entity received the funding from the department or from another entity that received the funding from the department; whether the funded entity is receiving money or other assistance, including funding, from another source; the likely consequences of the appointment; (vii) whether an administrator, liquidator or receiver is likely to be appointed for the funded entity before the interim manager is appointed; (viii)any other relevant matter. Recovery of funding 22 Recovery of funding (1) This section applies if a funded entity has received, and not spent, funds (the unspent funds) and— (a) the provision of funding to the funded entity has been suspended or stopped; or Page 21 CoN HD NPWNK 1214 1619 2123 2831 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 9] Clause 9 Page 22 (2) (3) (4) (5) (b) a funding agreement for the funds has ended. This section also applies if a funded entity has used funds received by the funded entity for a purpose other than the purpose for which the funds were received (the improperly used funds). The unspent funds or improperly used funds are a debt owing by the funded entity to the State. This chief executive may recover the unspent funds or improperly used funds as a debt. If there is more than 1 funded entity for the funds, the funded entities are jointly and severally liable for the debt. Replacement of ss 39 and 40 Sections 39 and 40— omit, insert— 39 Purpose of pt 7 d) (2) This part includes provisions for the appointment of authorised officers, and gives authorised officers particular powers. The purpose of these provisions is to ensure a chief executive has available suitably qualified persons who can help the chief executive— (a) deal with issues about compliance under this Act; and (b) ensure the proper and efficient delivery of funded products and services. 40 Functions of authorised officers An authorised officer has the following functions— Or ANFW NY 121517 192225 27 30 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 10] (a) investigating, monitoring and ensuring compliance with this Act; (b) investigating or monitoring whether an occasion has arisen for the exercise of powers under this Act; (c) facilitating the exercise of powers under this Act; (d) another function conferred on an authorised officer under this Act or another Act. Clause 10 Replacement of ss 41-43 Sections 41 to 43— omit, insert— 41 Appointment d) (2) (3) A chief executive of a department (an appointing chief executive) may appoint any of the following persons as authorised officers— (a) a public service employee or another employee of the department; (b) for the purpose of investigating a particular matter—another person. However, an appointing chief executive may appoint a person as an authorised officer only if— (a) the chief executive is satisfied the person is appropriately qualified for appointment; and (b) the person has the competencies, if any, prescribed under a regulation as relevant to the person's appointment. A person may be appointed generally or for stated provisions of this Act or another Act. Page 23 COA NAD NPW NY 11 13 1518 20 2225 2730 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 11] Clause 11 Clause 12 Page 24 42 Authorised officer subject to direction In exercising a power given under this Act, an authorised officer is subject to the directions of the officer's appointing chief executive. Amendment of s 45 (Issue of identity card) Section 45(1)— omit, insert— (1) ~~ An appointing chief executive must issue an identity card to each person the chief executive appoints as an authorised officer. Amendment of s 53 (Issue of warrant) (1) Section 53(1)(a), "community services from a funded service provider' — omit, insert— a funded product or service from a funded entity (2) Section 53(1)(b)— omit, insert— (b) to check whether a funded entity has taken the steps required to comply with a compliance notice; or (c) for a funded entity that has received funding to deliver disability services to which the Disability Services Act 2006 applies—to check whether the funded entity has complied with a provision of that Act. (3) Section 53(2)— omit, insert— (2) However, the magistrate may issue a warrant under subsection (1)(b) or (c) only if the magistrate is satisfied noncompliance may BRWN FPowmnan INI aAMN Clause 13 Clause 14 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 13] severely affect the delivery of a funded product or service. Amendment of s 57 (General powers after entering a place) Section 57(3)(g), after 'to (f)'— insert— , including, for example, to give information Replacement of ss 60 and 61 Sections 60 and 61— omit, insert— 60 Power to require information d) (2) (3) (4) (5) This section applies if a chief executive or an authorised officer reasonably believes— (a) an offence against this Act has been committed or a serious concern exists; and (b) an entity may be able to give information about the offence or serious concern. The chief executive or authorised officer may, by notice given to the entity, require the entity to give the chief executive or authorised officer information related to the offence or serious concern within a stated reasonable time and in a stated way. A requirement under subsection (2) is an information requirement. For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document. The chief executive or authorised officer may keep information that is a document to copy it. Page 25 NAW Bw Ne oo 11 13 15 17 192123 25 2729 31 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 14] Page 26 (6) (7) (8) (9) If the chief executive or authorised officer copies the document, or an entry in the document, the chief executive or authorised officer may require the entity who has possession or control of the document to certify the copy as a true copy of the document or entry. A requirement under subsection (6) is a certification requirement. The chief executive or authorised officer must return the document to the entity as soon as practicable after copying it. When making an information requirement or certification requirement, the chief executive or authorised officer must warn the entity it is an offence not to comply with the requirement, unless the entity has a reasonable excuse. 61 Offence to contravene information requirement or certification requirement d) (2) (3) An entity of whom an information requirement or certification requirement is made must comply with the requirement unless the entity has a reasonable excuse. Maximum penalty—S0 penalty units. It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty. If a court convicts a person of an offence against subsection (1), the court may also order the person to give to a stated chief executive or authorised officer, within a stated time and in a stated way, the information to which the information requirement related. Cr ANBWNYE 11 131518 2022 2527 293133 Clause 15 Clause 16 Clause 17 Clause 18 Clause 19 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 15] Insertion of new s 61A Part 7, division 5— insert— 61A Duty to avoid inconvenience and minimise damage In exercising a power, an authorised officer must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible. Amendment of s 63 (Compensation) Section 63(1), 'chief executive' — omit, insert— State Replacement of s 68 (Main purpose of pt 8) Section 68— omit, insert— 68 Application of pt 8 This part applies to the appointment, by a chief executive under part 3, division 3, of an interim manager for the funding received by a funded entity. Omission of ss 69 and 70 Sections 69 and 70— omit. Amendment of s 71 (Suitability of proposed appointee) Section 71(2)(a)— Page 27 OAAND NSP WY 111517 1921 2326 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 20] omit, insert— (a) the type of funded product or service; Clause 20 Amendment of s 72 (Terms of appointment) (1) Section 72, 'funded service provider' — omit, insert— funded entity (2) Section 72(b) to (d)— omit, insert— (b) details of the funded entity; (c) the funded product or service to be delivered; (d) the way in which, or the extent to which the funded product or service is to be delivered; Clause 21 Replacement of s 73 (Notice to funded service provider about appointment) Section 73— omit, insert— 73 Notice to funded entity about appointment (1) Immediately after appointing a person as interim manager for the funding received by a funded entity, the chief executive must give notice of the appointment to the funded entity. (2) The chief executive must also give notice of the appointment to any other funded entity, if any, for the funding. (3) The notice must be accompanied by a copy of the appointment. Page 28 N aorntnann f& Ww 11 13 15 172022 2427 Clause 22 Clause 23 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 22] Replacement of s 74 (Informing persons using community services about appointment) Section 74— omit, insert— 74 Informing particular persons about appointment d) (2) The chief executive may direct the interim manager to inform persons using a funded product or service of the funded entity about the appointment before the interim manager exercises a power under this part, for example, by— (a) giving them notice of the appointment; or (b) posting notice of the appointment at the premises of the funded entity where they are likely to see it. In this section— appointment includes a_ variation of the appointment. Amendment of s 76 (Variation of appointment) insert— (1A) (1) Section 76— However, the chief executive must not vary the appointment to apply to other funding received by the funded entity. (2) Section 76(5)(a) and (b)— omit, insert— (a) the matters stated in section 21; and (b) the operation of the funded entity since the appointment started. (3) Section 76(6), 'service provider' — Page 29 OMAN DANN FW NYE el el ee' NRO me ww RRR Nuns — ey eR \o ~ 21 242730 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 24] Clause 24 Page 30 omit, insert— funded entity (4) Section 76(1A) to (6)— renumber as section 76(2) to (7). Amendment of s 77 (Ending of appointment) (1) Section 77(1), 'section 70'— omit, insert— section 21 (2) Section 77(2)— omit, insert— (2) (3) (4) The chief executive must, by notice given to an interim manager, end the interim manager's appointment if the chief executive becomes aware that the funded entity— (a) is insolvent; or (b) is being wound up voluntarily. Immediately after ending an appointment under subsection (1) or (2), the chief executive— (a) must give notice about the ending of the appointment to each funded entity given notice of the appointment under section 73; and (b) may inform persons using a funded product or service of the funded entity about the ending of the appointment in the way the chief executive considers appropriate. In this section— insolvent, in relation to a funded entity, means the funded entity is unable to pay all its debts as and when they become due and payable. BR WN Oo mnrANInHDMN 1214 16 18 2022 2426 29 Clause 25 Clause 26 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 25] Replacement of ss 79 and 80 Sections 79 and 80— omit, insert— 79 Functions The interim manager's functions are, to the extent stated in the instrument of appointment— (a) (b) 80 Powers to remedy a serious concern for the funding received by the funded entity; and to ensure a funded product or service of the funded entity continues to be delivered by the funded entity. So far as is necessary to carry out his or her functions, the interim manager may— (a) (b) (c) (d) enter any part of the funded entity's premises; and use the facilities or things in the premises that it appears are intended for use, or are ordinarily used, to deliver a funded product or service of the funded entity; and ask for and accept payments owing to the funded entity; and do anything in relation to the funded product or service, on behalf of the funded entity, that the funded entity is permitted or required to do. Amendment of s 82 (Other powers) (1) Section 82, 'service provider' — omit, insert— entity Page 31 BeEO MI AN BW NH er oO 14 16 1820 22 2426 2830 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 27] Clause 27 Clause 28 Page 32 (2) Section 82, example, 'service provider's property' — omit, insert— entity's property or direct staff of the funded entity in providing a funded product or service Amendment of s 86 (Access to information or documents) d) (2) (3) Section 86(1), 'service provider' — omit, insert— entity Section 86(2)— renumber as section 86(3). Section 86— insert— (2) The funded entity and the executive officer of the funded entity may disclose the information despite another provision in this or another Act. Amendment of s 87 (Confidentiality) d) (2) (3) Section 87(1)(a), 'service provider' — omit, insert— entity Section 87(1)(b) and (2)(c), 'service provider' — omit, insert— funded entity Section 87(2)(e)— omit, insert— (e) if the person reasonably believes a serious concern exists—to report the person's belief BW NY Co ON DAN 1113 151820222427 Clause Clause Clause Clause Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 29] to an entity that can take appropriate action; or Amendment of s 91 (Compensation) Section 91(1), 'chief executive'— omit, insert— State Amendment of s 93 (Chief executive must give notice after making reviewable decision) Section 93(1)(e)— omit. Amendment of s 94 (Application for review) Section 94(2), after 'under section 93'— insert— from a chief executive Amendment of s 95 (Stay of operation of original decision) Section 95(3) to (6)— omit, insert— (3) The chief executive may stay the decision to secure the effectiveness of the review. (4) The stay may be granted on conditions the chief executive considers appropriate and has effect for the period stated by the chief executive. (5) The period of the stay must not extend past the time when the chief executive makes the review decision. Page 33 nn ff WW Ne \o worn 1214 16 18 20 2225 Clause Clause Clause Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 33] Page 34 Amendment of s 96 (Review decision) Section 96(4), 'QCAT information notice about the decision' — omit, insert— notice stating the decision and the reasons for the decision Omission of pt 9, div 3 (Review of review decision by tribunal) Part 9, division 3— omit. Replacement of ss 124-126 Sections 124 to 126— omit, insert— 124 Joint exercise of powers (1) | This section applies if more than 1 department provides funding received by a funded entity. (2) The chief executive of 1 of the departments (the first chief executive) may exercise a power on behalf of any or all of the chief executives of the other departments in relation to the funding received by the funded entity. (3) The first chief executive may only act on behalf of a chief executive of another department with the written consent of the other chief executive. (4) The exercise of a power by the first chief executive on behalf of the chief executive of another department may be in relation to all or part of the funding provided by the other chief executive's department. (5) Nothing in this section limits the power of a chief executive under this Act. nak WN Co wmonNaD 1115 171922252730 Clause 36 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 36] 125 Chief executive not required to notify particular funded entities (1) This section applies if, under this Act, a chief executive is required to give notice to a funded entity that has received funding. (2) The chief executive is not required to give the notice to the funded entity (the first entity) if— (a) the first entity received the funding from another funded entity (the second entity); and (b) the first entity is not an approved subcontractor of the second entity. (3) In this section— approved subcontractor, of a funded entity, means an entity that may receive funding from the funded entity to deliver a funded product or service under— (a) a funding agreement about the funding; or (b) a written approval given by the chief executive. Amendment of s 128 (Duty of confidentiality) (1) Section 128(1)(a)— omit, insert— (a) who is, or has been, any of the following— (i) a chief executive of a department providing funding; (ii) a public service employee or another employee of a department providing funding; (iii) an authorised officer; and (2) Section 128(2)(e)— Page 35 OMA NAD NPW NY — So ao Ne me ww el alll oie' NDNA me ioe} Ne ow 2224 26 2831 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 37] Clause 37 Clause 38 Page 36 omit, insert— (e) if the person reasonably believes a serious concern exists—to report the person's belief to an entity that can take appropriate action. Replacement of s 129 (Power to require information or documents) Section 129— omit, insert— 129 Power to require information (1) A chief executive may, by notice (a requirement notice), require a funded entity to give the chief executive, within a stated reasonable time, information relating to the provision of a funded product or service by the funded entity. (2) The funded entity must comply with the requirement notice. (3) The funded entity may comply with the requirement by giving a copy of a document certified as a true copy of the document. Amendment of s 130 (Protection from liability for giving information) (1) Section 130(1), 'the chief executive, by an approved service provider or a funded service provider' — omit, insert— a chief executive by a funded entity (2) Section 130(2), from 'An approved' to 'of the provider' omit, insert— A funded entity, or a person on behalf of the entity BWN onan 111316 1821 23 2527 Clause 39 Clause 40 Clause 41 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 39] Replacement of s 131 (Chief executive may share information about service provider) Section 131— omit, insert— 131 Chief executive may share information about funded entity (1) A chief executive may give information about a funded entity to— (a) a department if the funded entity receives funding the department has provided; or (b) another entity if the chief executive considers the entity has an interest in the proper and efficient delivery of a funded product or service of the funded entity. (2) A chief executive may act under subsection (1) without the consent of the funded entity. Replacement of section 132 (Delegation by Minister or chief executive) Section 132— omit, insert— 132 Delegation by Minister or chief executive (1) A Minister or a chief executive of a department may delegate the Minister's or chief executive's functions under this Act to an appropriately qualified person who is a_ public service employee or other employee of the department. (2) In this section— function includes a power. Amendment of s 133 (Protecting officials from liability) (1) Section 133— Page 37 ONAN FW Ne 1214 16 18 20232528 30 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 42] Clause 42 Page 38 (2) (3) (4) (5) insert— (1A) Without limiting subsection (1), an interim manager is not civilly liable for a loss incurred by a funded entity unless the loss is attributable to the interim manager's dishonesty or negligence. Section 133(2), after 'subsection (1)'— insert— or (2) Section 133(3), definition official, paragraphs (a) and (b)— omit, insert— (a) a Minister; or (b) achief executive; or Section 133(3)(d), after 'employee' — insert— or other employee of a department Section 133(1A) to (3)— renumber as section 133(2) to (4). Amendment of s 136 (Definition for div 1) Section 136— insert— Note— The definitions approved service provider, assistance, funded service provider, service agreement and service provider were omitted from this Act by _ the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014. oOo mMmrnN KD UNFWYNY ee el oe ne oo NYA MN fF wWN KF CO 19 21 2325 Clause 43 Clause 44 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 43] Omission of pt 13, div 2 (Provision for Criminal Code and Other Acts Amendment Act 2008) Part 13, division 2— omit. Insertion of new pt 13, div 4 Part 13— insert— Division 4 Transitional provisions for Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 Subdivision 1 Preliminary 147 Definitions for div 4 In this division— amending Act means the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014. chief executive means the chief executive of the department administering this Act. commencement means the commencement of the provision in which the term is used. funded service provider see previous section 9(1). interim manager means a person appointed as interim manager under previous section 69. Page 39 BW Ne oOomA ANN 12 15 1720 22 24 26 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 44] previous, for a provision of this Act, means the provision as in force immediately before the commencement. service agreement see previous section 27(1). service provider see previous section 7(1). unamended Act means this Act as in force from time to time before the commencement. Subdivision 2. Transitional provision for repealed Family Services Act 1987 148 Written agreements about grants continue in force d) (2) (3) (4) Page 40 This section applies if a written agreement about a grant provided by a department to an entity under the repealed Act was in force immediately before the commencement. The agreement continues in force despite the repeal of the repealed Act. If, before the commencement, the agreement or a provision of the repealed Act related to the agreement was contravened, the repealed Act continues to apply for the contravention as if the repealed Act had not been repealed. In this section— repealed Act means the repealed Family Services Act 1987. AUD UN fF WNe 12 1416 18 202226 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 44] Subdivision 3. Other transitional provisions 149 Service agreements continue in force d) (2) (3) (4) This section applies if a service agreement between the chief executive and a service provider was in force immediately before the commencement. The service agreement continues in force despite the repeal, under the amending Act, of provisions of this Act relating to service agreements. However, on and from the commencement, a term of the service agreement requiring the funded service provider to obtain or maintain approval as an approved service provider is of no effect. In this section— approved service provider see previous section 8. 150 Obligation to enter agreement about assistance continues d) (2) (3) This section applies if, immediately before the commencement, a service provider who received assistance after giving the written agreement mentioned in previous section 27(4)(a) has not complied with previous section 27(4)(b). The chief executive must stop the assistance if the service provider does not enter into a funding agreement about the assistance within the time stated in the written agreement given under previous section 27(4)(a). In this section— assistance means assistance given to a service provider under previous part 4. Page 41 Com ADDN W 121417 19 2123262832 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 44] Page 42 151 Contraventions of funding agreement or Act before commencement d) (2) (3) This section applies if, before the commencement— (a) a service agreement between the chief (b) The executive and a service provider was contravened; or a provision of the unamended Act related to the service agreement mentioned in paragraph (a) was contravened. unamended Act continues to apply for the contravention as if the amending Act had not been enacted. Without limiting subsection (2)— (a) (b) (c) (d) (e) an authorised officer may exercise, or continue to exercise, powers under the unamended Act; and a magistrate may hear and decide, or continue to hear and decide, an application for a warrant for a place under previous part 7, division 3, subdivision 2; and the chief executive may give the funded service provider a compliance notice; and if the service provider contravenes a compliance notice— (i) _ the service provider may be prosecuted for an offence against previous section 32(6); or (ii) the chief executive may suspend or cancel funding to the service provider under previous section 32(8); and an interim manager may be appointed for the service provider; and Com ADM BPW NY — So RRR WN — A RRR NNN NNR Re OO NN WN NWN AK NNW onan WwnN No) W UW Wn Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 (4) Part 2 Amendment of Community Services Act 2007 [s 44] (f) the chief executive may act under previous section 38 to recover all or some of the funding. In this section— compliance notice see previous section 32(3). 152 Authorised officers d) (2) A person who, immediately before the commencement, held office as an authorised officer is taken to be an authorised officer appointed under section 41 by the chief executive administering this Act until the person stops holding office under section 47. A person who, immediately before the commencement, held office as an authorised officer under the Disability Services Act 2006 is taken to be an authorised officer appointed under section 41 by the chief executive administering that Act until the person stops holding office under section 47. 153 Interim managers d) (2) (3) This section applies if— (a) immediately before the commencement, a person was appointed as an interim manager for a funded service provider; or (b) an interim manager is appointed for a funded service provider under section 151. The interim manager may exercise, or continue to exercise, a power under the unamended Act in relation to the service provider. For the purposes of subsection (2), the unamended Act continues to apply to the interim Page 43 na B WNre oman a 1114161821 2326 2831 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Community Services Act 2007 [s 44] Page 44 manager's appointment as if the amending Act had not been enacted. 154 Reviews d) (2) (3) This section applies to a decision of the chief executive under this Act if— (a) before the commencement the decision was a reviewable decision; and (b) after the commencement the decision is not a reviewable decision. The unamended Act continues to apply to the decision despite the enactment of the amending Act. Without limiting subsection (2)— (a) an interested person for the review decision made by the chief executive under previous section 96 may apply to QCAT for a review of the decision under previous section 97; and (b) QCAT may hear and decide, or continue to hear and decide, an application for a review of the review decision under previous section 97. Subdivision 4 Renumbering of Act 155 Renumbering of Act d) On the commencement, the provisions of this Act are amended by numbering and renumbering them in the same way as a reprint may be numbered and renumbered under the Reprints Act 1992, section 43. COm AD NH W 1115172022 2628 Clause 45 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 (2) (3) (4) (5) Part 2 Amendment of Community Services Act 2007 [s 45] Each reference in the following to a provision renumbered under subsection (1) is amended, when the renumbering happens, by omitting the reference to the previous number and inserting the new number— (a) this Act; (b) the Disability Services Act 2006— (i) part 10A, division 4, subdivision 3, heading, note; and (i) part 10A, division 8, subdivision 2, heading, note. This section does not limit the operation of the Acts Interpretation Act 1954, section 14H(2). This subdivision expires the day after the commencement of the last numbering or renumbering of a provision done under the section. This section does not limit the Reprints Act 1992. Replacement of sch 1 (Reviewable decisions) Schedule 1— omit, insert— Page 45 Com ND NBWNYE ee re oO aeilend Wn RR Re NADWNSH 20 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 2 Amendment of Commu [s 46] nity Services Act 2007 Schedule 1 Reviewable decisions section 92 Interested person Reviewable decision funded entity whose funding is suspended or stopped to suspend or stop assistance to a funded entity or terminate a funding agreement for not complying with a compliance notice (s 19(5)) funded entity for which interim manager appointed to appoint an interim manager for a funded entity (s 20) Clause 46 Amendment and renumbering of sch 4 (Dictionary) (1) Schedule 4, definitions accepted representations, approved service provider, assistance, funded service provider, prescribed requirement, proposed action, QCAT information notice, service agreement, service provider, show cause notice, show cause period, standards, tribunal— omit. (2) Schedule 4— insert— Page 46 appointing chief executive see section 41(1). certification requirement see section 60(7). funded entity see section 7(1). funded product or service see section 7(2). funding see section 8(1). funding agreement see section 8(2). funding declaration see section 12(1). information includes a document. C0 AADNHA W 1113151719 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 (3) (4) (5) (6) 7) (8) Part 2 Amendment of Community Services Act 2007 [s 46] information requirement see section 60(3). Queensland Government website means— (a) a website with a URL that contains 'qld.gov.au', other than the website of a local government; or (b) another website prescribed under a regulation. requirement notice see section 129(1). serious concern see section 16. Schedule 4, definition authorised officer, 'section 42'— omit, insert— section 41 Schedule 4, definition compliance notice, 'section 32(3)'— omit, insert— section 19(1) Schedule 4, definition confidential information, 'a person's'— omit, insert— an individual's Schedule 4, definition confidential information, paragraph (b), "person'— omit, insert— individual Schedule 4, definition interim manager, 'section 69'— omit, insert— section 20 Schedule 4, as amended— renumber as schedule 2. Page 47 Co mMAND UNPW NY ee etl ll ll ll aoarAnran fk WN FY CO Ne ow NN NN NNN AA AKON ES Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 3 Amendment of Child Protection Act 1999 Amendment of Child Protection Act 1999 This part amends the Child Protection Act 1999. [s 47] Part 3 Clause 47 Act amended Clause 48 Page 48 Insertion of new ch 5, pt 1A Chapter 5— insert— Part 1A Honorary officers 155A Function The function of an honorary officer is to assist the chief executive in the administration of this Act. 155B Appointment (1) The chief executive may appoint a person to be an honorary officer. (2) However, the chief executive may appoint a person to be an honorary officer only if, in the chief executive's opinion, the person is appropriately qualified to be an honorary officer. (3) An honorary officer, while performing the function of an honorary officer, is taken to be employed by the chief executive. 155C Term (1) An honorary officer holds office for the term, of no more than 2 years, stated in the instrument of appointment. wmoranannwn 11 14 1618 2024 Clause 49 Clause 50 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 3 Amendment of Child Protection Act 1999 [s 49] (2) An honorary officer stops holding office if the officer— (a) completes a term of office; or (b) resigns office by signed notice given to the chief executive; or (c) is removed from office by the chief executive by signed notice given to the officer. 155D Conditions of appointment (1) An _ honorary officer holds office on the conditions stated in the officer's instrument of appointment. (2) Acondition of an honorary officer's appointment may— (a) limit the officer's function; or (b) require the officer to satisfactorily complete stated training. Amendment of s 182 (Evidentiary provisions) Section 182(2)(a) and (b), after 'an authorised officer' — insert— or honorary officer Insertion of new ch 9, pt 8 Chapter 9— insert— Page 49 CID WHR WwW NH 1114 17 1921 23 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 4 Amendment of Disability Services Act 2006 [s 51] Clause 51 Part 8 Transitional provision for Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 270 Honorary officers appointed under repealed Act A person who, immediately before the commencement of this section, held office as an honorary officer under the repealed Family Services Act 1987 for a purpose related to this Act is taken to be an honorary officer under this Act until the person stops holding office under section 155C. Amendment of sch 3 (Dictionary) (1) Schedule 3, definition appropriately qualified— omit. (2) Schedule 3— insert— honorary officer means a person appointed as an honorary officer under section 155B. Part 4 Amendment of Disability Clause 52 Page 50 Services Act 2006 Act amended This part amends the Disability Services Act 2006. nb WN ow NO 1113161821 23 25 Clause Clause Clause Clause Clause Clause Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 4 Amendment of Disability Services Act 2006 [s 53] Omission of s 16 (Meaning of approved non-government service provider) Section 16— omit. Omission of pts 3 and 4 Parts 3 and 4— omit. Amendment of s 41 (Complaints by consumers) Section 41(2), note— omit. Omission of pts 6-8 Parts 6 to 8— omit. Amendment of pt 10A, div 4, sdiv 3, hdg (Requirements if adult subject to forensic order or involuntary treatment order) Part 10A, div 4, sdiv 3, heading, note, 'section 161'— omit, insert— the Community Services Act 2007, section 19 Amendment of pt 10A, div 8, sdiv 2, hdg (Requirements for relevant service providers) Part 10A, div 8, sdiv 2, heading, note, 'section 161'— omit, insert— the Community Services Act 2007, section 19 Page 51 BW Ne nN 12 1519 21 24 Clause Clause Clause Clause Clause Clause Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 4 Amendment of Disability Services Act 2006 [s 59] 59 Omission of pts 11 and 12 Parts 11 and 12— omit. 60 Omission of pt 14 (Reviews) Part 14— omit. 61 Amendment of s 193 (Appointments and authority) Section 193(b) and (c)— omit, insert— (b) the authority of the chief executive to do anything under this Act. 62 Amendment of s 194 (Signatures) Section 194, 'or an authorised officer' — omit. 63 Amendment of s 195 (Evidentiary provisions) (1) Section 195(1)(d)— omit. (2) Section 195(1)(e) and (f)— renumber as section 195(1)(d) and (e). 64 Amendment of s 222 (Confidentiality of other information) (1) Section 222(3)(b)— omit. (2) Section 222(3)(e)— Page 52 11 13161821 23 Clause 65 Clause 66 Clause 67 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 4 Amendment of Disability Services Act 2006 [s 65] omit, insert— (e) aperson authorised by the chief executive to carry out research related to the objects of this Act; or (3) Section 222(3)(c) to (da)— renumber as section 222(3)(b) to (d). Insertion of new s 226A After section 226— insert— 226A Monitoring and enforcement The functions of an authorised officer under the Community Services Act 2007 include the following— (a) investigating, monitoring and ensuring compliance with this Act; (b) investigating or monitoring whether an occasion has arisen for the exercise of powers under this Act; (c) facilitating the exercise of powers under this Act. Amendment of s 227 (Delegation by Minister) Section 227(2) and (3)— omit, insert— (2) However, the Minister must not delegate the review of the Act under section 233. Amendment of s 228 (Delegation by chief executive) Section 228(2)— omit. Page 53 NN BWN on 1215 1720 2225 27 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 4 Amendment of Disability Services Act 2006 [s 68] Clause 68 Clause 69 Clause 70 Clause 71 Page 54 Amendment of s 229 (Protecting officials from liability) (1) Section 229(3), definition official, paragraphs (c) and (e)— omit. (2) Section 229(3), definition official, paragraphs (d) to (g)— renumber as paragraphs (c) to (e). Amendment of s 237 (Certain non-government service providers taken to be approved under part 6 and to be funded non-government service providers) Section 237(2)— insert— Note— The definition approved non-government service provider and part 6 were omitted from this Act by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014. Amendment of s 238 (When grants of financial assistance under the repealed Act continue) Section 238(3)— insert— Note— The definition funding agreement was omitted from this Act by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014. Amendment of s 239 (Queensland disability service standards to continue in force) Section 239(1)— insert— na WN \o OND 11 1315 17 19 2225 27 Clause 72 Clause 73 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Amendment of Part 4 Amendment of Disability Services Act 2006 [s 72] Note— The definition service standards was omitted from this Act by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014. s 240 (Disability sector quality system to continue in force) Section 240(1)— insert— Note— The definition disability sector quality system was omitted from this Act by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014. Insertion of new pt 16, div 10 Part 16— insert— Division 10 Transitional provisions for Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014 326 Definitions for div 10 In this division— amending Act means the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014. authorised officer means a person appointed immediately before the commencement as an authorised officer under previous section 125. commencement means the commencement of the provision in which the term is used. Page 55 BWN onan 1114 171922 242730 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 4 Amendment of Disability Services Act 2006 [s 73] funding agreement see previous section 56(1). interim manager means a person appointed as interim manager under previous section 169. previous, for a provision of this Act, means the provision as in force immediately before the commencement of the amending Act, section 73. unamended Act mean this Act as in force from time to time before the commencement. 327 Funding agreements continue in force d) (2) (3) (4) Page 56 This section applies if a funding agreement between the chief executive and a funded non-government service provider was in force immediately before the commencement. The funding agreement continues in force despite the repeal, under the amending Act, of provisions of this Act relating to funding agreements. However, if the funding agreement contains a term mentioned in previous section 58(1)G), on and from the commencement— (a) the term is of no effect; and (b) the agreement is taken to provide that— (i) the funded non-government service provider must comply with the Human Services Quality Standards; and (ii) recurrent funding to the funded non-government service provider will stop if the service provider does not comply with the Human Services Quality Standards. Also, on and from the commencement, a term of the funding agreement requiring the funded non-government service provider to obtain or CNY ANWR WN 1113 151821 23262831 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 (5) Part 4 Amendment of Disability Services Act 2006 [s 73] maintain approval as an approved non-government service provider is of no effect. In this section— approved non-government service provider see former section 16. Human Services Quality Standards means the standards stated in the document called 'Human Services Quality Standards' published on the department's website on the internet. 328 Obligation to enter agreement about assistance continues d) (2) This section applies if, immediately before the commencement, a non-government — service provider who received funding after giving the written agreement mentioned in previous section 56(4)(a) has not complied with previous section 56(4)(b). The chief executive must stop the funding if the non-government service provider does not enter into a funding agreement about the funding within the time stated in the written agreement given under previous section 56(4)(a). 329 Contraventions of funding agreement or Act before commencement d) This section applies if, before the commencement— (a) a funding agreement between the chief executive and a funded non-government service provider was contravened; or (b) a provision of the unamended Act related to the funding agreement mentioned in paragraph (a) was contravened. Page 57 OAND NFP W NRE 11 131517 192124 26 2831 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 4 Amendment of Disability Services Act 2006 [s 73] Page 58 (2) (3) (4) d) The unamended Act continues to apply for the contravention as if the amending Act had not been enacted. Without limiting subsection (2)— (a) an authorised officer may exercise, or continue to exercise, powers under the unamended Act; and (b) a magistrate may hear and decide, or continue to hear and decide, an application for a warrant for a place under previous part 11, division 2, subdivision 2; and (c) the chief executive may give the funded non-government service provider a compliance notice under previous section (d) if the service provider contravenes a compliance notice— (i) _ the service provider may be prosecuted for an offence against previous section 61(6); or (ii) the chief executive may suspend or cancel funding to the service provider under previous section 161(8); and (e) an interim manager may be appointed for the service provider under previous part 12. In this section— authorised officer means an authorised officer under the Community Services Act 2007. 330 Interim managers This section applies if— (a) immediately before the commencement, a person was appointed as an interim manager Com NDMN FP WNe ee re oO alilpetilantilend nNRwWN RR on 1 SO lll el loonie <) NNN WN NWN oN N n NN on 30 32 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 (2) (3) Part 4 Amendment of Disability Services Act 2006 [s 73] for a funded non-government service provider; or (b) an interim manager is appointed for a funded non-government service provider under section 329. The interim manager may exercise, or continue to exercise, a power under the unamended Act in relation to the service provider. For the purposes of subsection (2), the unamended Act continues to apply to the interim manager's appointment as if the amending Act had not been enacted. 331 Confidentiality obligation continues to apply to authorised officers and interim managers d) (2) This section applies to a person who is or has been either of the following under the unamended Act— (a) an authorised officer; (b) an interim manager. Previous section 222 continues to apply to the person as if the amending Act had not been enacted. 332 Reviews d) (2) (3) This section applies to a decision of the chief executive under this Act if, before the commencement, the decision was a reviewable decision. The unamended Act continues to apply to the decision despite the enactment of the amending Act. Without limiting subsection (2)— Page 59 CID WW NE 1114 1619 212527 29 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 4 Amendment of Disability Services Act 2006 [s 73] Page 60 (4) (a) an interested person for the review decision made by the chief executive under previous section 211 may apply to QCAT for a review of the decision under previous section 212; and (b) QCAT may hear and decide, or continue to hear and decide, an application for a review of the review decision under previous section 212. In this section— reviewable decision means a decision stated in previous schedule 2. 333 Renumbering of Act d) (2) (3) (4) On the commencement, the provisions of this Act are amended by numbering and renumbering them in the same way as a reprint may be numbered and renumbered under the Reprints Act 1992, section 43. Each reference in this Act, and each reference in other legislation mentioned in schedule 2, to a provision of this Act renumbered under subsection (1) is amended, when the renumbering happens, by omitting the reference to the previous number and inserting the new number. This section does not limit the operation of the Acts Interpretation Act 1954, section 14H(2), including, for example, the operation of that Act in relation to a provision that is not mentioned in schedule 2. This section and schedule 2 expire the day after the commencement of the last numbering or OAND NBWNKE — So ao Ne 1517202224272932 Clause 74 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 4 Amendment of Disability Services Act 2006 [s 74] renumbering of a provision done under this section. (5) — This section does not limit the Reprints Act 1992. Replacement of sch 2 (Reviewable decisions) Schedule 2— omit, insert— Schedule 2 Renumbered cross-references section 333 Child Protection (Offender Reporting) Act 2004 1 Schedule 3, definition disability Commission for Children and Young People and Child Guardian Act 2000 Section 344(1)(a) 2 Schedule 7, definition disability services Schedule 7, definition funded non-government service provider 4 Schedule 7, definition person with a disability Page 61 orn nn s 11 1417 19 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 4 Amendment of Disability Services Act 2006 [s 74] Page 62 Coroners Act 2003 Section 9(1)(a) Education (Work Experience) Act 1996 Schedule, definition person with a disability Forensic Disability Act 2011 Section 47 Guardianship and Administration Act 2000 Section 80U, definition adult with an intellectual or cognitive disability Section 80U, definition assessment Section 80U, definition chemical restraint Section 80U, definition chemical restraint (fixed dose) Section 80U, definition community access services Section 80U, definition contain Section 80U, definition disability services 11 13 15 17 19 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 11 14161820 Part 4 Amendment of Disability Services Act 2006 [s 74] Section 80U, definition harm Section 80U, definition informal decision-maker Section 80U, definition least restrictive Section 80U, definition positive behaviour support plan Section 80U, definition respite/community access plan Section 80U, definition respite services Section 80U, definition restrictive practice Section 80U, definition seclude Section 80V(2)(e) Section 80ZF(4)(b) Section 80ZS(5), definition restricting access Section 80ZT(1) Section 80ZT(3)(f) Section 80ZU Guide, Hearing and Assistance Dogs Act 2009 Section 108(e)(iii) Page 63 Co mMAD UB WN el eel ee oe oo ed nn fF WN KF CO 18 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 4 Amendment of Disability Services Act 2006 [s 74] Page 64 Queensland Civil and Administrative Tribunal Regulation 2009 Schedule 1, part 3 Schedule 1, part 6 Queensland Civil and Administrative Tribunal Rules Rule 21(1)(a) Rule 28(1)(d) Rule 36(4)(a) Superannuation (State Public Sector) Deed 1990 Section 5A(3), definition disability Terrorism (Preventative Detention) Act 2005 Section 62(2) 11 13 16 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Part 5 Repeal of Family Services Act 1987 [s 75] Clause 75 Amendment of sch 7 (Dictionary) (1) Schedule 7, definitions approved non-government service provider, authorised officer, compliance notice, disability sector quality system, document certification requirement, document production requirement, external certification body, funding agreement, home, interested person, interim manager, obstruct, owner, personal details requirement, prescribed requirement, reviewable decision, review decision and service standards— omit. (2) Schedule 7— insert— interested person, for a relevant decision for part 10A, division 7, see section 123ZY. Part 5 Repeal of Family Services ActClause 76 Repeal The Family Services Act 1987, No. 32 is repealed. Part 6 Minor and consequential amendments Clause 77 Acts amended Schedule | amends the Acts it mentions. Page 65 OANDNHPWNY Se Se NF oO pe Ww 16 18 20 22 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Schedule 1 Schedule 1 Minor and consequential amendments section 77 Community Services Act 2007 Page 66 Section 44(3), definition signed notice, before 'chief executive'— insert— authorised officer's appointing Section 48, before 'chief executive'— insert— officer's appointing Section 49, before 'chief executive'— insert— person's appointing Section 64, 'the chief executive'— omit, insert— a chief executive Section 65, 'the chief executive'— omit, insert— a chief executive onan 11 131619 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 6 Section 78, 'service provider'-— omit, insert— entity 7 Section 89, 'service provider'-— omit, insert— entity 8 Section 90(1), 'service provider'-— omit, insert— entity 9 Section 90(3), 'service provider'-— omit, insert— funded entity 10 Section 92(a), 'the chief executive'— omit, insert— a chief executive 11 Section 93(1), 'decision, the'— omit, insert— decision, a 12 Section 114(a) and (c), 'the chief'— omit, insert— a chief Schedule 1 Page 67 11 14 17 20 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Schedule 1 13 Section 115, 'the chief executive'— omit, insert— a chief executive 14 Section 116(1), 'the chief executive'— omit, insert— a chief executive 15 Section 134, 'The'— omit, insert— A Maintenance Act 1965 1 Section 128(1)(f), 'Family Services Act 1987— omit, insert— Community Services Act 2007 2 Section 133, 'for the purposes of the Family Services Act 1987 — omit, insert— in which the Community Services Act 2007 is administered Page 68 12 15 18 Communities Legislation (Funding Red Tape Reduction) Amendment Bill 2014 Schedule 1 Police Service Administration Act 1990 1 Section 5AA.14(3)(a)(v), examples— omit, insert— Example for subparagraph (v)— Public Service Act 2008, section 188B Public Service Act 2008 1 Section 155A, definition department of communities, paragraph (c)— omit. © State of Queensland 2014 Authorised by the Parliamentary Counsel Page 69 nA BW NN \o worn