COMMUNITY SERVICES ACT 2007 Reprinted as in force on 1 October 2010 Reprint No. 1E > TABLE OF PROVISIONS Contents Part 1--Preliminary Division 1--Introduction 1. Short title 2. Commencement Division 2--Object and principles 3. Main object of Act 4. How main object is mainly achieved 5. Guiding principles Division 3--Interpretation 6. Definitions 7. Meaning of service provider 8. Meaning of approved service provider 9. Meaning of funded service provider Part 2--Standards for the provision of community services 10. Minister may make standards for the provision of community services 11. When standard takes effect 12. Notice and availability of standards Part 3--Approved service providers Division 1--Preliminary 13. Explanation 14. No entitlement to assistance Division 2--Approval process 15. Application for approval 16. Decision on application 17. Approval remains in force unless cancelled Division 3--Cancellation of approval 18. Application for cancellation of approval 19. Decision on application 20. Cancellation of approval without application 21. Cancellation of approval if approved service provider no longer exists Division 4--Notice of changes by approved service provider 22. Approved service provider must give notice of change Part 4--Assistance to service providers 23. Purpose of giving assistance 24. When assistance may be given 25. Assistance to service providers 26. Who may receive approval for one-off funding 27. No assistance without agreement 28. What service agreement must contain Part 5--Prescribed requirements 29. Prescribed requirements 30. Funded service provider must not contravene prescribed requirements Part 6--Compliance notices and suspending or stopping assistance Division 1--Compliance notices 31. Cooperative approach 32. Compliance notice 33. Report by authorised officer Division 2--Suspending or stopping assistance for breach of agreement 34. Show cause notice 35. Representations about show cause notice 36. Ending show cause process without further action 37. Suspending or stopping assistance Division 3--Recovery of funding 38. Recovery of amount from corporation Part 7--Monitoring and enforcement Division 1--Preliminary 39. Purpose of pt 7 40. Matters to be considered by chief executive or authorised officer before exercising a power Division 2--Authorised officers 41. Powers generally 42. Appointment 43. Qualifications for appointment 44. Appointment conditions and limit on powers 45. Issue of identity card 46. Production or display of identity card 47. When authorised officer ceases to hold office 48. Resignation 49. Return of identity card Division 3--Powers of authorised officers Subdivision 1--Entry of places 50. Power to enter places Subdivision 2--Procedure for entry 51. Entry with consent 52. Application for warrant 53. Issue of warrant 54. Application by electronic communication and duplicate warrant 55. Defect in relation to a warrant 56. Warrants—procedure before entry Subdivision 3--Powers after entry 57. General powers after entering a place 58. Failure to help authorised officer 59. Failure to answer questions Division 4--Power to require information 60. Notice under s 61 may relate to use of assistance 61. Power to require information or documents Division 5--Other matters 62. Notice of damage 63. Compensation 64. False or misleading statements 65. False or misleading documents 66. Obstructing an authorised officer 67. Impersonation of an authorised officer Part 8--Interim manager Division 1--Preliminary 68. Main purpose of pt 8 Division 2--Appointment 69. Appointment 70. Basis for appointment 71. Suitability of proposed appointee 72. Terms of appointment 73. Notice to funded service provider about appointment 74. Informing persons using community services about appointment 75. Initial period of appointment 76. Variation of appointment 77. Ending of appointment Division 3--Function and powers 78. Application of div 3 79. Interim manager's function 80. Interim manager's powers 81. Direction by chief executive 82. Other powers 83. Limitation on powers under instrument of appointment 84. Production of instrument of appointment for inspection 85. Obstruction Division 4--Other matters 86. Access to information or documents 87. Confidentiality 88. Remuneration 89. Funded service provider liable for remuneration and other costs 90. Accounts and reports 91. Compensation Part 9--Reviews Division 1--Reviewable decisions 92. Reviewable decisions 93. Chief executive must give notice after making reviewable decision Division 2--Review of decision by chief executive 94. Application for review 95. Stay of operation of original decision 96. Review decision Division 3--Review of review decision by tribunal 97. Review of review decision Part 11--Legal proceedings Division 1--Application 113. Application of pt 11 Division 2--Evidence 114. Appointments and authority 115. Signatures 116. Evidentiary provisions Division 3--Proceedings 117. Proceeding for offences 118. When proceeding may start 119. Allegations of false or misleading information or document 120. Forfeiture on conviction 121. Dealing with forfeited thing 122. Responsibility for acts or omissions of representative 123. Executive officers must ensure corporation complies with Act Part 12--Miscellaneous 124. Advisory committees 125. Dissolution 126. Other matters 127. Confidentiality of information about criminal history and related information 128. Duty of confidentiality 129. Power to require information or documents 130. Protection from liability for giving information 131. Chief executive may share information about service provider 132. Delegation by Minister or chief executive 133. Protecting officials from liability 134. Approval of forms 135. Regulation-making power Part 13--Savings and transitional provisions Division 1--Provisions for Act No. 38 of 2007 136. Definition for div 1 137. Certain service providers taken to be approved under pt 3 and to be funded service providers 138. When grants under the Family Services Act continue 139. Other matters Division 2--Provision for Criminal Code and Other Acts Amendment Act 2008 140. Reference in sch 2 to Criminal Code offence Division 3--Provisions for Criminal History Screening Legislation Amendment Act 2010 141. Definitions for div 3 142. Notice about change in criminal history not given at the commencement 143. Request for police information not complied with at the commencement 144. Particular police information obtained but not used before commencement 145. Notice not given by prosecuting authority at the commencement 146. Use of particular information obtained before commencement SCHEDULE 1 -- REVIEWABLE DECISIONS SCHEDULE 4 -- DICTIONARY Endnotes 1 Short title This Act may be cited as the Community Services Act 2007 . 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Main object of Act The main object of this Act is to help build sustainable communities by facilitating access by Queenslanders to community services. 4 How main object is mainly achieved The main object is achieved mainly by-- (a) the department giving financial and other assistance to service providers providing community services; and (b) regulating community services provided with the financial or other assistance to ensure the standard and accountability of the services; and (c) providing for compliance with this Act to be monitored and enforced. 5 Guiding principles This Act is to be administered in a way that has sufficient regard to the following principles-- (a) a community is sustainable if it is socially, culturally and economically diverse, cohesive, inclusive, active, resilient and adaptable and has access to appropriate services, infrastructure and amenities; (b) the availability of sustainable, quality, safe, responsive and accountable community services enhances the quality of life of people living in the community, and contributes to the wellbeing of the community, by enabling people to participate in its social and economic life; (c) the provision of community services by service providers delivers significant social and other benefits for individuals, families and communities by building on community strengths, providing flexibility, facilitating innovation and bringing local resources together; (d) the department and service providers should work together to meet common aims in a way that recognises each entity's autonomy, contributions and accountabilities; (e) the department's support for community services should-- (i) build capacity and promote best practice in the governance and delivery of community services; and (ii) be integrated, as far as is reasonably practicable, with the provision of other relevant services; (f) community services should be provided in a way that-- (i) responds to the diverse and changing needs of individuals, families and communities; and (ii) has appropriate regard to local and regional differences, cultural diversity, Aboriginal tradition and Island custom and the disadvantage historically experienced by indigenous communities; and (iii) builds partnerships across all levels of government and with communities; and (iv) facilitates choice, maximises participation, encourages self-help and promotes voluntary effort; and (v) respects the rights and responsibilities of individuals, families and communities; and (vi) fosters the dignity and independence of individuals, especially the most vulnerable; and (vii) takes account of individuals, families and communities in greatest need; (g) the needs, views, interests and priorities of users of community services, community members, elected and other representatives of the community and service providers, should be taken into account-- (i) by the department in developing policy and delivering programs and services for community services; and (ii) by service providers in delivering community services. Editor's note-- Acts Interpretation Act 1954, section 36-- Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships. Island custom, known in the Torres Strait as Ailan Kastom, means the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally or of a particular community or group of Torres Strait Islanders, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships. 6 Definitions The dictionary in schedule 4 defines particular words used in this Act. 7 Meaning of service provider (1) A service provider is a corporation, other than the State, or a local government that provides or intends to provide community services. (2) It is immaterial whether the community services are, or are to be, provided with the intention of making a profit. 8 Meaning of approved service provider An approved service provider is a service provider approved by the chief executive under part 3 as eligible to receive assistance under part 4. 9 Meaning of funded service provider (1) A funded service provider is a service provider that receives assistance from the department to provide community services. (2) It is immaterial whether other funds or resources are also used by the service provider to provide community services. 10 Minister may make standards for the provision of community services (1) The Minister may make standards for the provision of community services (the standards) for improving the quality of community services provided by funded service providers. (2) The standards must detail the way in which community services are to be provided by funded service providers. (3) The standards must include indicators to measure whether funded service providers are meeting the standards. (4) A standard is a statutory instrument within the meaning of the Statutory Instruments Act 1992. 11 When standard takes effect (1) The Minister must notify the making of a standard. (2) A standard takes effect-- (a) on the day the Minister's notice is notified or published in the gazette; or (b) if a later day is stated in the Minister's notice or the standard--on that day. (3) A notice mentioned in subsection (2) is subordinate legislation. 12 Notice and availability of standards (1) The chief executive must keep a copy of the standards, as in force from time to time, available for inspection free of charge by funded service providers and members of the public at-- (a) the department's head office and regional offices; and (b) other places the chief executive considers appropriate. (2) Also, the chief executive must publish the standards, as in force from time to time, on the department's website on the internet. Editor's note-- The department's website on the internet is communities.qld.gov.au>. 13 Explanation This part establishes a system under which the chief executive may approve service providers as being eligible to receive assistance from the department for providing community services. 14 No entitlement to assistance The Minister is not required to approve assistance to an approved service provider. 15 Application for approval (1) A service provider may apply to the chief executive for approval as an approved service provider. (2) The application must be in the approved form. (3) The service provider must also provide any other relevant information reasonably required by the chief executive to decide the application. 16 Decision on application (1) The chief executive must decide the application within 90 days after receiving the application and any other required information, and give the service provider notice of the decision. (2) The chief executive may approve a service provider as an approved service provider only if the chief executive is satisfied that the approval is consistent with the object of this Act and the guiding principles mentioned in section 5. (3) In deciding the application, the chief executive may have regard to the following-- (a) the service provider's business, strategic, or operational plan; (b) the service provider's record of financial management; (c) how the service provider conducts, or proposes to conduct, its operations; (d) whether the service provider meets, or will be able to meet-- (i) the standards; or (ii) other standards that apply to the provision of community services; (e) whether the service provider has appropriate corporate governance; (f) whether the service provider is receiving assistance from another source; (g) whether the service provider has demonstrated compliance with the requirements of another Act, for example, the Disability Services Act 2006; (h) another matter prescribed under a regulation. 17 Approval remains in force unless cancelled The approval of a service provider as an approved service provider remains in force until it is cancelled under this part. 18 Application for cancellation of approval (1) An approved service provider may apply to the chief executive for cancellation of its approval as an approved service provider. (2) The application must be in the approved form. (3) The service provider must also provide any other relevant information reasonably required by the chief executive to decide the application. 19 Decision on application (1) The chief executive must decide the application within 45 days after receiving the application and any other required information, and give the service provider notice of the decision. (2) The chief executive must, and may only, grant the application if-- (a) there is no service agreement in force with the approved service provider; and (b) the chief executive is satisfied it is unlikely the chief executive will want to take action to enforce compliance by the service provider with this Act. (3) The chief executive may require the service provider to take stated action before the chief executive grants the application including, for example, returning unspent funds to the chief executive. 20 Cancellation of approval without application (1) The chief executive may cancel the approval of an approved service provider, even though no application has been made under section 18, if-- (a) there is no service agreement in force with the service provider; and (b) the chief executive is satisfied it is unlikely either of the following will happen-- (i) action will be taken to enforce compliance by the service provider with this Act; (ii) assistance, or further assistance, will be given to the service provider under this Act. (2) Before cancelling the approval, the chief executive must give the service provider a notice stating the following-- (a) that the chief executive proposes to cancel the approval; (b) the reasons for the proposed cancellation; (c) an invitation to the service provider to give a written response within a stated time of at least 45 days. (3) The chief executive must consider any written response received from the service provider within the stated time before deciding whether to cancel the approval. (4) Immediately after deciding whether or not to cancel the approval, the chief executive must give the service provider notice of the decision. (5) The chief executive may cancel the approval of an approved service provider, without complying with subsections (2) to (4), if the service provider agrees. 21 Cancellation of approval if approved service provider no longer exists The chief executive must cancel the approval of an approved service provider if it no longer exists. 22 Approved service provider must give notice of change An approved service provider must give a notice, in the approved form, to the chief executive of any of the following matters within 30 days after becoming aware of the matter, unless the service provider has a reasonable excuse-- (a) a change in the service provider's address; (b) for an association incorporated under the Associations Incorporation Act 1981-- (i) that an application to the Supreme Court has been made for the association to be wound-up; or (ii) that a general meeting has been called to consider the winding-up of the association; or (iii) that the association's incorporation has been cancelled; (c) for a cooperative incorporated under the Cooperatives Act 1997 that action has started to-- (i) wind-up or deregister the cooperative; or (ii) appoint an administrator to conduct the affairs of the cooperative; (d) for a local government--a regulation has been made under the Local Government Act 2009 dissolving the local government; (e) for another corporation--the corporation is under external administration under the Corporations Act or a similar law of a foreign jurisdiction; (f) a matter prescribed under a regulation. Maximum penalty--10 penalty units. Note-- Under section 129 the chief executive may give notice to an approved service provider requiring it to give information or a document to the chief executive. 23 Purpose of giving assistance The purpose of giving assistance to service providers is to enable them to provide community services in ways that best achieve the object of this Act. 24 When assistance may be given To achieve the object of this Act the Minister may approve assistance to a service provider for community services in a way the Minister considers appropriate, including, for example the following-- (a) giving, on appropriate conditions, funding to the service provider; (b) leasing or licensing land or improvements to the service provider; (c) giving or leasing other property to the service provider; (d) making available goods or services through the department; (e) making available financial or other incentives to the service provider. 25 Assistance to service providers (1) The Minister may approve assistance to a service provider only if the service provider is an approved service provider. (2) However, the Minister may approve assistance to a service provider that is not an approved service provider if the Minister is satisfied-- (a) there is an urgent need for the assistance; and (b) it is not practicable for the service provider to become an approved service provider before assistance is approved. (3) If assistance is approved for a service provider under subsection (2)-- (a) the service provider must take action to become an approved service provider as soon as reasonably practicable after receiving the assistance; and (b) the assistance must stop 6 months after it is first given if the service provider has not become an approved service provider within that time. (4) This section applies subject to section 26. 26 Who may receive approval for one-off funding Despite section 25, the Minister may approve assistance that is one-off funding for a service provider that is not an approved service provider. 27 No assistance without agreement (1) If the Minister approves assistance to a service provider, the chief executive must enter into a written agreement with the service provider (a service agreement) for giving the assistance. (2) The chief executive may give the assistance to the service provider only under a service agreement. (3) However, the chief executive may give assistance before a service agreement is entered into if the Minister is satisfied-- (a) there is an urgent need for the assistance; and (b) it is not practicable to enter into an agreement before assistance is given. (4) If subsection (3) applies, the service provider must-- (a) before receiving the assistance, agree in writing to enter into a service agreement after receiving the assistance, within a stated time decided by the chief executive; and (b) enter into the service agreement within that time. (5) Ongoing assistance must stop if the service provider has not entered into a service agreement within the stated time. 28 What service agreement must contain (1) A service agreement must state each of the following the chief executive considers relevant to the assistance-- (a) the type of assistance; (b) if the assistance is funding, the amount of the assistance; (c) if the assistance is not funding, details of the assistance given; (d) the period of the agreement and when the assistance is to be given; (e) the type of community services to be provided; (f) the service delivery outcomes to be achieved; (g) the performance measures to be used in measuring the service delivery outcomes; (h) the policies and procedures to guide service delivery; (i) the way the service provider is to report to the chief executive; (j) the circumstances in which the service provider is in breach of the agreement; (k) the action that may be taken by the chief executive to monitor compliance with the agreement; (l) the action that may be taken by the chief executive for a breach, or suspected breach, of the agreement, including a show cause process for suspending or stopping the assistance; Note-- Part 6, division 2, sets out the show cause process that must be undertaken by the chief executive if a service agreement provides for a show cause process for a breach of the agreement that may lead to the chief executive suspending or stopping assistance under the agreement. (m) the department's obligations under the agreement. (2) The agreement may also include other matters the chief executive considers necessary for the agreement. 29 Prescribed requirements (1) A regulation may prescribe requirements about how a funded service provider conducts its operations or provides community services. (2) Without limiting subsection (1), a regulation about how a funded service provider conducts its operations may include matters relating to-- (a) financial management and accountability; and (b) corporate governance; and (c) organisational and resource management. (3) Also, without limiting subsection (1), a regulation about how a funded service provider provides community services may include matters relating to-- (a) protecting the safety of users of the services; and (b) resolving complaints and disputes. (4) A prescribed requirement may include provision about-- (a) preparing, maintaining, publishing or implementing a policy or procedure; or (b) reporting to the chief executive. 30 Funded service provider must not contravene prescribed requirements A funded service provider must not contravene a prescribed requirement. Notes-- 1 A funded service provider may be given a compliance notice requiring the provider to remedy a contravention of a prescribed requirement. See section 32. 2 The extent of a funded service provider's contravention of a prescribed requirement is a matter the Minister may consider when deciding the further assistance, if any, to give to the provider under this Act. 3 Contravention of a prescribed requirement may lead to the appointment of an interim manager for a funded service provider. See section 69. 4 A funded service provider's contravention of a prescribed requirement is a matter the chief executive may consider when deciding whether to cancel the approval of an approved service provider. 31 Cooperative approach Nothing in this division limits the way in which the department may cooperate with a funded service provider in dealing with a matter in relation to which a power under this division could be exercised. 32 Compliance notice (1) This section applies if the chief executive reasonably believes-- (a) a funded service provider-- (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and (b) a matter relating to the contravention is reasonably capable of being remedied; and (c) it is appropriate to give the person an opportunity to remedy the matter. (2) This section applies to a funded service provider even if the service provider's assistance has been suspended under the relevant service agreement. (3) The chief executive may give the service provider a notice (a compliance notice) requiring the service provider to remedy the matter. (4) The compliance notice must state the following-- (a) that the chief executive reasonably believes the service provider-- (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; (b) the provision the chief executive believes is being, or has been, contravened (the relevant provision); (c) briefly, how it is believed the relevant provision is being, or has been, contravened; (d) the matter relating to the contravention that the chief executive believes is reasonably capable of being remedied; (e) that the service provider must remedy the matter within a stated reasonable time; (f) that it is an offence to fail to comply with the compliance notice unless the service provider has a reasonable excuse. (5) The compliance notice may also state-- (a) the reasonable steps that the chief executive is satisfied are necessary to remedy the matter, or avoid further contravention, of the relevant provision; and (b) that the service provider must report to the chief executive after taking a step or steps. (6) The service provider must comply with the compliance notice unless the service provider has a reasonable excuse. Maximum penalty-- (a) if it is an offence to contravene the relevant provision--the maximum penalty for contravening that provision; or (b) otherwise-- (i) for an individual guilty under chapter 2 of the Criminal Code of an offence or for section 123--20 penalty units; or (ii) for a funded service provider--100 penalty units. (7) If it is an offence to contravene the relevant provision and a compliance notice is given, the service provider can not be prosecuted for that offence unless it contravenes subsection (6) in relation to the compliance notice. (8) If the service provider contravenes subsection (6), the chief executive may, by notice given to the service provider, suspend or stop assistance to the service provider despite anything in a service agreement with the service provider. (9) This section does not limit-- (a) a remedy available to the chief executive under a service agreement; or (b) the chief executive's powers apart from this section. 33 Report by authorised officer Before deciding whether to give a funded service provider a compliance notice the chief executive may obtain a written report from an authorised officer about whether the service provider-- (a) is contravening a provision of this Act; or (b) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated. 34 Show cause notice (1) This section applies if-- (a) a service agreement with a funded service provider provides for a show cause process for a breach of the agreement; and (b) the chief executive reasonably suspects that the service provider has breached the agreement; and (c) the chief executive proposes to take action under the service agreement to suspend or stop assistance. (2) The chief executive must give the service provider a notice (a show cause notice) stating the following-- (a) the action (the proposed action) the chief executive proposes taking under the agreement; (b) the grounds for the proposed action; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) an invitation to the service provider to show within a stated period (the show cause period) why the proposed action should not be taken. (3) The show cause period must be a period ending at least 21 days after the show cause notice is given to the service provider. 35 Representations about show cause notice (1) The funded service provider may make written representations about the show cause notice to the chief executive in the show cause period. (2) The chief executive must consider all written representations (the accepted representations) made under subsection (1). 36 Ending show cause process without further action If, after considering the accepted representations for the show cause notice, the chief executive no longer believes the ground exists to take the proposed action, the chief executive-- (a) must not take further action about the show cause notice; and (b) must, as soon as practicable, give notice to the funded service provider that no further action is to be taken about the show cause notice. 37 Suspending or stopping assistance (1) This section applies if after considering the accepted representations for the show cause notice, the chief executive-- (a) still believes the ground exists to take action to suspend or stop assistance; and (b) believes the action is warranted. (2) This section also applies if there are no accepted representations for the show cause notice. (3) The chief executive may-- (a) if the proposed action stated in the show cause notice was to suspend the assistance for a stated period--suspend the assistance for no longer than the stated period; or (b) if the proposed action in the show cause notice was to stop the assistance--either stop the assistance or suspend it for a period. 38 Recovery of amount from corporation (1) This section applies if-- (a) funding given to a corporation under part 4 has been stopped and funds already given by the chief executive to the corporation have not been spent by the corporation (the unspent funds); or (b) a corporation has used funds given under part 4 for a purpose other than the purpose for which the funds were given under the service agreement with the corporation (the improperly used funds). (2) The unspent funds or improperly used funds are a debt owing by the corporation to the State. (3) The chief executive may recover the unspent funds or improperly used funds as a debt. 39 Purpose of pt 7 The purpose of this part is to provide mechanisms for monitoring and enforcing compliance with this Act and to ensure the proper and efficient delivery of community services by funded service providers. 40 Matters to be considered by chief executive or authorised officer before exercising a power (1) Before the chief executive or an authorised officer exercises a power under this part in relation to a funded service provider, the chief executive or authorised officer must consider whether it would be more appropriate to seek the cooperation of the service provider instead of exercising the power. (2) The exercise of a power under this part can not be challenged merely because the chief executive or authorised officer did not comply with subsection (1). 41 Powers generally (1) An authorised officer has the powers given under this Act. (2) In exercising the powers an authorised officer is subject to the directions of the chief executive. 42 Appointment (1) The chief executive may appoint any of the following persons as an authorised officer-- (a) a public service employee; (b) for the purpose of investigating a particular matter, another person. (2) A person may be appointed for this Act generally or for stated provisions of the Act. 43 Qualifications for appointment The chief executive may appoint a person as an authorised officer only if-- (a) the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; and (b) the person has the competencies, if any, prescribed under a regulation as relevant to the person's appointment. 44 Appointment conditions and limit on powers (1) An authorised officer holds office on the conditions stated in-- (a) the authorised officer's instrument of appointment; or (b) a signed notice given to the authorised officer; or (c) a regulation. (2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer's powers under this Act. (3) In this section-- signed notice means a notice signed by the chief executive. 45 Issue of identity card (1) The chief executive must issue an identity card to each authorised officer. (2) The identity card must-- (a) contain a recent photo of the authorised officer; and (b) contain a copy of the authorised officer's signature; and (c) identify the person as an authorised officer under this Act; and (d) state an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes. 46 Production or display of identity card (1) In exercising a power under this Act in relation to another person, an authorised officer must-- (a) produce the authorised officer's identity card for the other person's inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the other person when exercising the power. (2) However, if it is not practicable to comply with subsection (1), the authorised officer must produce the identity card for the other person's inspection at the first reasonable opportunity. (3) For subsection (1), an authorised officer does not exercise a power in relation to another person only because the authorised officer has entered a place as mentioned in section 50(1)(b) or (2). 47 When authorised officer ceases to hold office (1) An authorised officer ceases to hold office if any of the following happens-- (a) the term of office stated in a condition of office ends; (b) under another condition of office, the authorised officer ceases to hold office; (c) the authorised officer's resignation under section 48 takes effect. (2) Subsection (1) does not limit the ways an authorised officer may cease to hold office. (3) In this section-- condition of office means a condition on which the authorised officer holds office. 48 Resignation An authorised officer may resign by signed notice given to the chief executive. 49 Return of identity card A person who ceases to be an authorised officer must return the person's identity card to the chief executive within 21 days after ceasing to be an authorised officer unless the person has a reasonable excuse. Maximum penalty--10 penalty units. 50 Power to enter places (1) An authorised officer may enter a place if-- (a) an occupier of the place consents to the entry; or (b) it is a public place and the entry is made when it is open to the public; or (c) it is not a home and the entry is made when the place is open for carrying on business or otherwise open for entry; or (d) the entry is authorised by a warrant. (2) For the purpose of asking an occupier of a place for consent to enter, an authorised officer may, without the occupier's consent or a warrant-- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. 51 Entry with consent (1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place under section 50(1)(a). (2) Before asking for the consent, the authorised officer must tell the occupier-- (a) the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgment of the consent. (4) The acknowledgment must state-- (a) that the occupier has been told-- (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) the purpose of the entry; and (c) that the occupier gives the authorised officer consent to enter the place and exercise the powers under this part; and (d) the time and date the consent was given. (5) If the occupier signs the acknowledgment, the authorised officer must immediately give a copy to the occupier. (6) If-- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and (b) an acknowledgment complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented. 52 Application for warrant (1) An authorised officer may apply to a magistrate for a warrant for a place. (2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn. (4) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example-- The magistrate may require additional information supporting the application to be given by statutory declaration. 53 Issue of warrant (1) The magistrate may issue a warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that it is necessary to enter the place-- (a) to protect a person receiving community services from a funded service provider at the place from risk of harm because of abuse, neglect or exploitation; or (b) subject to subsection (2), to check whether a funded service provider has taken the steps required under a compliance notice. (2) The magistrate may issue a warrant under subsection (1)(b) only if the magistrate is satisfied non-compliance with the compliance notice may severely affect the provision of community services. (3) The warrant must state-- (a) the place to which the warrant applies; and (b) that a stated authorised officer may, with necessary and reasonable help and force-- (i) enter the place and any other place necessary for the entry; and (ii) exercise the officer's powers under this part; and (c) particulars of the reason it is necessary to enter the place that the magistrate considers appropriate in the circumstances; and (d) the hours of the day or night when the place may be entered; and (e) the magistrate's name; and (f) the date and time of the warrant's issue; and (g) the date, within 14 days after the warrant's issue, the warrant ends. 54 Application by electronic communication and duplicate warrant (1) An application under section 52 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of-- (a) urgent circumstances; or (b) other special circumstances, including, for example, the authorised officer's remote location. (2) The application-- (a) may not be made before the authorised officer prepares the written application under section 52(2); but (b) may be made before the written application is sworn. (3) The magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied-- (a) it was necessary to make the application under subsection (1); and (b) the way the application was made under subsection (1) was appropriate. (4) After the magistrate issues the original warrant-- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or (b) otherwise-- (i) the magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and (ii) the authorised officer must complete a form of warrant, including by writing on it-- (A) the magistrate's name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant. (5) The copy of the warrant mentioned in subsection (4)(a), or the form of warrant completed under subsection (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant. (6) The authorised officer must, at the first reasonable opportunity, send to the magistrate-- (a) the written application complying with section 52(2) and (3); and (b) if the authorised officer completed a form of warrant under subsection (4)(b)--the completed form of warrant. (7) The magistrate must keep the original warrant and, on receiving the documents under subsection (6)-- (a) attach the documents to the original warrant; and (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court. (8) Despite subsection (5), if-- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and (b) the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. (9) This section does not limit section 52. (10) In this section-- relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991. 55 Defect in relation to a warrant (1) A warrant is not invalidated by a defect in the warrant, or in compliance with section 52, 53 or 54, unless the defect affects the substance of the warrant in a material particular. (2) In this section-- warrant includes a duplicate warrant mentioned in section 54(5). 56 Warrants--procedure before entry (1) This section applies if an authorised officer named in a warrant issued under this part for a place is intending to enter the place under the warrant. (2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things-- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised officer's identity card or other document evidencing the appointment; (b) give the person a copy of the warrant; (c) tell the person the authorised officer is permitted by the warrant to enter the place; (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force. (3) However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. (4) In this section-- warrant includes a duplicate warrant mentioned in section 54(5). 57 General powers after entering a place (1) This section applies to an authorised officer who enters a place. (2) However, if an authorised officer enters a place to get an occupier's consent to enter the place, this section applies to the officer only if the consent is given or the entry is otherwise authorised. (3) The authorised officer may do any of the following-- (a) search any part of the place; (b) inspect, measure, test, photograph or film any part of the place or anything at the place; (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; (d) copy a document at the place or take the document to another place to copy it; (e) take into or onto the place any person, equipment and materials the officer reasonably requires for the exercise of a power under this part; (f) confer alone with a person at the place; (g) require a person at the place to give the authorised officer reasonable help to exercise the authorised officer's powers under paragraphs (a) to (f); (h) require a person at the place to answer questions by the authorised officer to help the authorised officer ascertain whether this Act is being or has been complied with. (4) When making a requirement mentioned in subsection (3)(g) or (h), the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. (5) If an authorised officer takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place. 58 Failure to help authorised officer (1) A person required to give reasonable help under section 57(3)(g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty--40 penalty units. (2) It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person. 59 Failure to answer questions (1) A person of whom a requirement is made under section 57(3)(h) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty--40 penalty units. (2) It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person. 60 Notice under s 61 may relate to use of assistance Without limiting section 39, a notice under section 61 may relate to the use of assistance provided under this Act to a funded service provider. 61 Power to require information or documents (1) The chief executive or an authorised officer may, by notice given to a person, require the person to-- (a) give to the chief executive or an authorised officer, either orally or in writing, information in the person's knowledge about a stated matter within a stated reasonable time and in a stated reasonable way; or (b) give to the chief executive or an authorised officer, within a stated reasonable time and in a stated reasonable way, a document about a stated matter in the person's possession or control. Note-- The powers in this division are limited by division 1. (2) The chief executive or authorised officer may keep a document mentioned in subsection (1)(b) to copy it. (3) If the chief executive or authorised officer copies the document, or an entry in the document, the chief executive or officer may require the person who has possession or control of the document to certify the copy as a true copy of the document or entry. (4) The chief executive or authorised officer must return the document to the person as soon as practicable after copying it. (5) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty--50 penalty units. (6) It is a reasonable excuse for the person to fail to comply with a requirement made under subsection (1) or (3) that complying with the requirement might tend to incriminate the person. (7) If a court convicts a person of an offence against subsection (5), the court may also order the person to give to the chief executive or a stated authorised officer, within a stated time and in a stated way, information or a document to which the requirement related. 62 Notice of damage (1) This section applies if-- (a) an authorised officer damages property when exercising or purporting to exercise a power; or (b) a person (the other person) acting under the direction or authority of an authorised officer damages property. (2) The authorised officer must immediately give notice of particulars of the damage to a person who appears to the authorised officer to be an owner of the property. (3) If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer's or other person's control, the authorised officer may state the belief in the notice. (4) If, for any reason, it is impracticable to comply with subsection (2), the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (5) This section does not apply to damage the authorised officer reasonably believes is trivial. (6) In this section-- owner, of property, includes a person in possession or control of it. 63 Compensation (1) If a person incurs loss or expense because of the exercise or purported exercise of a power under division 3, subdivision 1 or 3, the person may claim compensation from the chief executive. (2) Without limiting subsection (1), compensation may also be claimed for loss or expense incurred in complying with a requirement made of the person under this part. (3) Compensation may be claimed and ordered to be paid in a proceeding-- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or (b) for an offence against this Act brought against the person claiming compensation. (4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. 64 False or misleading statements A person must not state anything to the chief executive or an authorised officer that the person knows is false or misleading in a material particular. Maximum penalty--40 penalty units. 65 False or misleading documents (1) A person must not give the chief executive or an authorised officer a document containing information that the person knows is false or misleading in a material particular. Maximum penalty--40 penalty units. (2) Subsection (1) does not apply to a person if the person, when giving the document-- (a) tells the chief executive or authorised officer, to the best of the person's ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information--gives the correct information. 66 Obstructing an authorised officer (1) A person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty--40 penalty units. (2) If a person has obstructed an authorised officer and the officer decides to proceed with the exercise of the power, the officer must warn the person that-- (a) it is an offence to obstruct the officer, unless the person has a reasonable excuse; and (b) the officer considers the person's conduct an obstruction. 67 Impersonation of an authorised officer A person must not pretend to be an authorised officer. Maximum penalty--40 penalty units. 68 Main purpose of pt 8 (1) The main purpose of this part is to provide for the appointment of an interim manager to ensure the proper and efficient delivery of services provided under a service agreement with a funded service provider. (2) Before making the appointment, the chief executive must consider whether it would be more appropriate to take action other than the appointment, or not to take any action. 69 Appointment The chief executive may appoint a person as interim manager for a funded service provider receiving assistance other than assistance that is one-off funding. 70 Basis for appointment (1) The chief executive may make the appointment only if the chief executive is satisfied the appointment is reasonably necessary to ensure the proper and efficient use of funds under the service agreement with the service provider. (2) In deciding whether the appointment is reasonably necessary, the chief executive may have regard to all of the following matters-- (a) the type of community services provided by the service provider; (b) the amount of assistance given to the service provider; (c) whether the chief executive has suspended or stopped assistance to the service provider or is likely to suspend or stop assistance; (d) whether it appears the service provider is-- (i) unwilling or unable to provide community services to which the service agreement relates; or (ii) providing community services in a way that does not comply with the service agreement or the prescribed requirements; (e) the likely consequences if community services are not provided or not provided in a way that complies with the service agreement with the service provider or the prescribed requirements; (f) whether the service provider is receiving assistance from another source; (g) the likely consequences of the appointment, of which the chief executive is aware, for the service provider and anyone else likely to be affected by the appointment; (h) any other relevant matter of which the chief executive is aware. 71 Suitability of proposed appointee (1) The chief executive may make the appointment only if the chief executive is satisfied the proposed appointee is suitable for the appointment under this section. (2) In deciding whether a person is suitable for the appointment, the chief executive must have regard to the following matters-- (a) the type of community services provided by the funded service provider; (b) the reason for the appointment; (c) the person's expertise or experience relevant to the appointment; (d) any conflict of interest that may arise in the course of the person acting as interim manager; (e) any other relevant matter of which the chief executive is aware. (3) A person who has agreed to a proposed appointment must advise the chief executive, before the appointment is made, whether the person is aware of a conflict of interest that may arise in the course of the person acting as interim manager. Maximum penalty--40 penalty units. (4) Only an adult may be appointed as interim manager. 72 Terms of appointment An appointment of a person as interim manager of a funded service provider must state the following matters-- (a) the person's name; (b) details of the service provider; (c) the community services to be provided; (d) the way in which, or the extent to which, the community services are to be provided; (e) details of the person's function as interim manager; (f) any limitations on the person's powers as interim manager; (g) the period of the appointment; (h) any conditions of the appointment; (i) anything else the chief executive considers appropriate. 73 Notice to funded service provider about appointment Immediately after appointing a person as interim manager of a funded service provider, the chief executive must give a copy of the appointment to the service provider. 74 Informing persons using community services about appointment The chief executive may direct the interim manager to inform persons using community services provided by the funded service provider of the appointment before the interim manager exercises a power under this part, for example, by-- (a) giving a notice of the appointment to persons using community services provided by the service provider; or (b) posting notice of the appointment at a place at the premises of the service provider where it is likely to be seen by persons using community services provided by the service provider; or (c) directing the interim manager to inform persons using community services provided by the service provider about the appointment in an appropriate way. 75 Initial period of appointment An interim manager may be appointed for a period of not more than 3 months. 76 Variation of appointment (1) After an interim manager starts to carry out the manager's function, the chief executive may, by notice-- (a) extend the period of the appointment; or (b) vary the appointment in another way. (2) The chief executive may extend the period of the appointment if the chief executive is satisfied the extension is reasonably necessary in all the circumstances. (3) The period of the appointment may be extended more than once. (4) However-- (a) the period of an extension must not be more than 3 months; and (b) the total period of the initial appointment and any extension or extensions must not be more than 6 months. (5) The chief executive may vary the appointment in a way other than by extending the period of the appointment if the chief executive is satisfied the variation is appropriate, having regard to-- (a) the matters stated in section 70; and (b) the operation of the funded service provider since the appointment started. (6) If the appointment is varied under this section, the chief executive must ensure notice of the variation is given to the service provider. 77 Ending of appointment (1) The chief executive may, by notice given to an interim manager, end the manager's appointment at any time before the end of the period of appointment if the chief executive is satisfied the appointment is no longer appropriate, having regard to the matters stated in section 70. (2) Immediately after ending an appointment under subsection (1), the chief executive-- (a) must give notice about the ending of the appointment to the funded service provider; and (b) may inform persons using community services provided by the service provider about the ending of the appointment in the way the chief executive considers appropriate. 78 Application of div 3 This division applies to a person appointed as interim manager of a funded service provider. 79 Interim manager's function The interim manager's function is, under the terms of the appointment-- (a) to ensure the proper and efficient use of assistance under the service agreement with the funded service provider; and (b) to provide community services that the funded service provider has agreed to provide under the service agreement. 80 Interim manager's powers So far as is necessary to carry out his or her function, an interim manager appointed to a funded service provider-- (a) may enter any part of the service provider's premises; and (b) may use the facilities or things in the premises that it appears are intended for use, or are ordinarily used, to provide community services; and (c) may ask for and accept payments owing to the service provider; and (d) may do anything in relation to a service agreement, on behalf of the service provider, that the service provider is permitted or required to do. 81 Direction by chief executive An interim manager is subject to the chief executive's direction in performing the interim managers's function and exercising the powers given under this part. 82 Other powers The interim manager has the other powers of the funded service provider that are necessary or convenient to carry out the manager's function. Example-- It may be necessary for the interim manager to carry out repairs to the funded service provider's property. 83 Limitation on powers under instrument of appointment A power conferred on the interim manager under this part applies subject to any limitation stated in the instrument of appointment. 84 Production of instrument of appointment for inspection (1) This section applies if-- (a) the interim manager is exercising, or proposes to exercise, a power given under this part in relation to a person; and (b) the person asks the manager to produce the manager's instrument of appointment for the person's inspection. (2) The manager must comply with the request. 85 Obstruction (1) A person must not obstruct an interim manager in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty--40 penalty units. (2) If a person has obstructed an interim manager and the manager decides to proceed with the exercise of the power, the manager must warn the person that-- (a) it is an offence to obstruct the manager, unless the person has a reasonable excuse; and (b) the manager considers the person's conduct an obstruction. 86 Access to information or documents (1) The interim manager may ask an executive officer of the funded service provider for information or documents that the manager reasonably needs to carry out the manager's function. (2) The chief executive may disclose information to an interim manager, or give an interim manager access to documents, to the extent the chief executive considers appropriate for the purpose of the manager's appointment. 87 Confidentiality (1) This section applies to a person-- (a) who is, or has been, appointed as interim manager of a funded service provider; and (b) who, in the course of the appointment or because of an opportunity provided by the appointment, has gained or has access to confidential information about the service provider or someone else. (2) The person must not disclose the information to anyone else or give access to the information to anyone else, other than-- (a) for a purpose of this part; or (b) under section 90; or (c) with the consent of the service provider or other person to whom the information relates; or (d) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or (e) to protect an individual receiving community services from the service provider from abuse, neglect or exploitation; or (f) as expressly permitted or required by another Act. Maximum penalty--40 penalty units. 88 Remuneration An interim manager is entitled to be paid the reasonable amount of remuneration agreed with the chief executive. 89 Funded service provider liable for remuneration and other costs (1) If an interim manager is appointed to a funded service provider, the chief executive may give the service provider a written demand for the amount of an administration cost. (2) The chief executive may recover the amount as a debt owed to the State. (3) In this section-- administration cost means the remuneration paid to the interim manager and any other reasonable cost incurred in carrying out the manager's function. 90 Accounts and reports (1) An interim manager appointed to a funded service provider must give to the chief executive-- (a) records of all amounts received or paid in the course of the appointment; and (b) the other reports about the administration that the chief executive requires. (2) The records and other reports must be given as soon as possible after the end of the appointment or, if required by the chief executive at a time during the appointment, at that time. (3) The chief executive must give a copy of each record or report to the service provider. 91 Compensation (1) A person may claim compensation from the chief executive if the person incurs loss or damage because of the exercise or purported exercise of a power under this part. (2) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed. (3) A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case. 92 Reviewable decisions Schedule 1 states-- (a) decisions of the chief executive under this Act that are reviewable decisions; and (b) for each reviewable decision, the person who may seek to have the decision reviewed under this part (the interested person). 93 Chief executive must give notice after making reviewable decision (1) Immediately after making a reviewable decision, the chief executive must give to the interested person a notice stating-- (a) the decision; and (b) the reasons for the decision; and (c) that, within 28 days after receiving the notice, the interested person may apply to the chief executive for a review of the decision; and (d) how the interested person may apply for the review; and (e) that, if the interested person applies for a review of the decision and the matter is not resolved on the review, the interested person may apply to the tribunal for a further review of the decision. (2) Subsection (1) does not apply if the chief executive can not locate the interested person after making reasonable enquiries. 94 Application for review (1) This section applies to the interested person for a reviewable decision. (2) Within 28 days after the interested person receives a notice under section 93 about the decision, the interested person may apply to the chief executive to review the decision. (3) The chief executive may extend the time for applying for the review. (4) Also, the interested person may apply to the chief executive to review the decision if the chief executive has not given the interested person a notice under section 93 about the decision. (5) The application must be in the approved form and supported by enough information to enable the chief executive to decide the application. 95 Stay of operation of original decision (1) An application under section 94 for review of a decision does not stay the decision. (2) However, before the decision takes effect, the chief executive may, by notice given to the interested person, stay the operation of the decision for a stated period. (3) Also, whether or not the interested person has asked the chief executive to stay the operation of the decision, the interested person may apply to the tribunal for a stay of the decision. (4) The chief executive or the tribunal may stay the decision to secure the effectiveness of the review and any later review by the tribunal. (5) The stay may be granted on conditions the chief executive or tribunal considers appropriate and has effect for the period stated by the chief executive or the tribunal. (6) The period of the stay must not extend past the time when the chief executive makes the review decision and any later period the chief executive or tribunal allows to enable the interested person to apply to the tribunal for a review of the review decision. 96 Review decision (1) This section applies to an application under section 94 for review of a decision (the original decision). (2) Unless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by-- (a) the person who made the original decision; or (b) a person in a less senior office than the person who made the original decision. (3) Within 28 days after receiving the application, the chief executive must review the original decision and make a decision (the review decision)-- (a) confirming the original decision; or (b) amending the original decision; or (c) substituting another decision for the original decision. (4) Immediately after deciding the application, the chief executive must give the interested person a QCAT information notice about the decision. (5) If the chief executive does not decide the application within 28 days after receiving it, the chief executive is taken to have made a review decision confirming the original decision. 97 Review of review decision (1) Subsection (2) applies to an interested person for a review decision, whether or not the interested person has received a QCAT information notice for the review decision. (2) An interested person for a review decision may apply, as provided under the QCAT Act, to the tribunal for a review of the review decision. (3) If the interested person has received a QCAT information notice about the review decision, the application to the tribunal for a review of the decision must be accompanied by a copy of the QCAT information notice. 113 Application of pt 11 This part applies to a proceeding under this Act. 114 Appointments and authority The following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it-- (a) the chief executive's appointment; (b) an authorised officer's appointment; (c) the authority of the chief executive or an authorised officer to do anything under this Act. 115 Signatures A signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be. 116 Evidentiary provisions (1) A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter-- (a) a stated document is 1 of the following things made, given, issued or kept under this Act-- (i) an appointment, approval or decision; (ii) a notice or requirement; (iii) a record, or an extract from a record; (b) a stated document is another document kept under this Act; (c) a stated document is a copy of a thing mentioned in paragraph (a) or (b); (d) on a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person; (e) on a stated day, a stated person was given a stated notice under this Act; (f) on a stated day, a stated requirement was made of a stated person. (2) In a complaint starting a proceeding, a statement that the matter of complaint came to the complainant's knowledge on a stated day is evidence of when the matter came to the complainant's knowledge. 117 Proceeding for offences A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886. 118 When proceeding may start A proceeding for an offence against this Act must start within the later of the following periods to end-- (a) 1 year after the commission of the offence; (b) 6 months after the offence comes to the complainant's knowledge, but within 2 years after the offence is committed. 119 Allegations of false or misleading information or document In any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, 'false or misleading'. 120 Forfeiture on conviction (1) On conviction of a person for an offence against this Act, a court may order the forfeiture to the State of-- (a) anything used to commit the offence; or (b) anything else the subject of the offence. (2) The court may make any order to enforce the forfeiture it considers appropriate. (3) This section does not limit the court's powers under the Penalties and Sentences Act 1992 or another law. 121 Dealing with forfeited thing (1) On the forfeiture of a thing to the State, the thing becomes the State's property and may be dealt with by the State as the State considers appropriate. (2) Without limiting subsection (1), the State may destroy the thing. 122 Responsibility for acts or omissions of representative (1) This section applies in a proceeding for an offence against this Act. (2) If it is relevant to prove a person's state of mind about a particular act or omission, it is enough to show-- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative's actual or apparent authority; and (b) the representative had the state of mind. (3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative's actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission. (4) In this section-- representative means-- (a) for a corporation--an executive officer, employee or agent of the corporation; or (b) for an individual--an employee or agent of the individual. state of mind of a person includes-- (a) the person's knowledge, intention, opinion, belief or purpose; and (b) the person's reasons for the intention, opinion, belief or purpose. 123 Executive officers must ensure corporation complies with Act (1) The executive officers of a corporation must ensure the corporation complies with this Act. (2) If a corporation commits an offence against a provision of this Act, each of the corporation's executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the provision. Maximum penalty--the penalty for the contravention of the provision by an individual. (3) Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure the corporation complies with the provision. (4) However, it is a defence for an executive officer to prove-- (a) if the officer was in a position to influence the conduct of the corporation in relation to the offence, the officer exercised reasonable diligence to ensure the corporation complied with the provision; or (b) the officer was not in a position to influence the conduct of the corporation in relation to the offence. 124 Advisory committees The Minister may establish advisory committees in order to obtain the views of government entities, individuals, community entities and other non-government entities about community services. 125 Dissolution The Minister may dissolve an advisory committee at any time. 126 Other matters The Minister may decide matters about an advisory committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings or report to the Minister. 127 Confidentiality of information about criminal history and related information (1) This section applies to a person who-- (a) is, or has been, the chief executive, a public service employee, or a selection panel member; and (b) in that capacity acquired information, or gained access to a document, under previous part 10 about another person's criminal history or about an investigation relating to the possible commission of a serious offence by another person. (2) The person must not disclose the information, or give access to the document, to anyone else. Maximum penalty--100 penalty units or 2 years imprisonment. (3) Subsection (2) does not apply to the disclosure of information, or giving of access to a document, about a person-- (a) to the chief executive, a public service employee or selection panel member for the purpose of assessing the person's suitability to be, or continue to be, engaged by the department; or (b) if the person is an adult--with the person's consent; or (c) if the disclosure or giving of access is otherwise required under an Act. (4) In this section-- criminal history, of a person, means-- (a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act; and (b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act. engaged by the department means engaged by the department within the meaning of section 100 of this Act as in force from time to time before the commencement of this definition. previous part 10 means part 10 of this Act as in force from time to time before the commencement of this definition. selection panel member means a member of a panel formed to make a recommendation to the chief executive about a person's engagement by the department. serious offence means an offence that was a serious offence under section 103 of this Act as in force from time to time before the commencement of this definition. 128 Duty of confidentiality (1) This section applies to a person-- (a) who is, or has been, the chief executive, a public service employee in the department or an authorised officer; and (b) who, in the course of administering this Act or because of an opportunity provided by involvement in administering this Act, has gained, gains or has access to, confidential information about an individual, other than information mentioned in section 127(1)(b). (2) The person must not disclose the information, or give access to the information, to anyone else, other than-- (a) for administering, monitoring or enforcing compliance with this Act; or (b) with the consent of the individual to whom the information relates; or (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or (d) as expressly permitted or required under an Act; or (e) to protect an individual receiving community services from a funded service provider from abuse, neglect or exploitation. Maximum penalty--40 penalty units. 129 Power to require information or documents (1) The chief executive may give notice to an approved service provider requiring the service provider to give the chief executive, within a stated reasonable time, information or a document relating to a matter mentioned in subsection (2). (2) For subsection (1), the chief executive may require information or a document relating to a matter to which the chief executive may have had regard in deciding whether to approve a service provider as an approved service provider. (3) Also, the chief executive may give notice to a funded service provider requiring the service provider to give the chief executive, within a stated reasonable time, information or a document relating to the provision of community services by the service provider. (4) The approved service provider or the funded service provider must comply with the notice. (5) For a requirement to give a document, the service provider may comply with the requirement by giving a copy of the document certified as a true copy of the document. 130 Protection from liability for giving information (1) This section applies to the giving of information to the chief executive, by an approved service provider or a funded service provider under section 129. (2) An approved service provider or funded service provider, or a person on behalf of the provider, may give the information despite any other law that would otherwise prohibit or restrict the giving of the information. (3) If a person, acting honestly on reasonable grounds, gives the information to the chief executive, the person is not liable, civilly, criminally or under an administrative process, for giving the information. (4) Also, merely because the person gives the information, the person can not be held to have-- (a) breached any code of professional etiquette or ethics; or (b) departed from accepted standards of professional conduct. (5) Without limiting subsections (3) and (4)-- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person-- (i) does not contravene the Act, oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information. (6) In this section-- information includes a document. 131 Chief executive may share information about service provider The chief executive may give information about an approved service provider or a funded service provider to-- (a) an entity that provides funding or other assistance to the service provider; or (b) another entity if the chief executive considers the entity has an interest in the proper and efficient delivery of services by the service provider. 132 Delegation by Minister or chief executive (1) The Minister or the chief executive may delegate the Minister's or chief executive's functions under this Act to an appropriately qualified person who is a public service employee. (2) In this section-- appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the function. Example of standing-- if a person is a public service employee of the department, the person's classification level in the department function includes a power. 133 Protecting officials from liability (1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State. (3) In this section-- official means-- (a) the Minister; or (b) the chief executive; or (c) an authorised officer; or (d) a public service employee; or (e) an interim manager; or (f) a person acting under the direction of an official. 134 Approval of forms The chief executive may approve forms for use under this Act. 135 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation made under this Act may-- (a) prescribe fees payable under this Act and the matters for which fees are payable; and (b) impose a penalty of not more than 20 penalty units for a contravention of a provision of a regulation. 136 Definition for div 1 In this division-- commencement means the commencement of this division. 137 Certain service providers taken to be approved under pt 3 and to be funded service providers (1) This section applies to a service provider that, at the commencement, is providing community services with funding received by way of a grant from the department to the service provider under the Family Services Act 1987. (2) The service provider is, from the commencement, taken to be-- (a) an approved service provider for this Act; and (b) a funded service provider for this Act. (3) However, the service provider is not taken to be an approved service provider if the funding was one-off funding. 138 When grants under the Family Services Act continue (1) This section applies to a service provider that, at the commencement, is providing community services with funding received by way of a grant from the department to the service provider under the Family Services Act 1987. (2) Subject to subsections (3) and (6), the service provider may continue to receive the funding under this Act. (3) Subsection (2) does not apply if the funding was one-off funding. (4) Any conditions to which the grant was subject under the Family Services Act 1987 continue to apply to the funding. (5) If the service provider has, before the commencement, signed an agreement in relation to a grant under the Family Services Act 1987, that agreement-- (a) is taken to be a service agreement under this Act; and (b) is taken to include a show cause process for a breach of the agreement that allows the chief executive to suspend or stop the assistance under the agreement. (6) If the service provider has not signed an agreement in relation to a grant under the Family Services Act 1987 before the commencement, funding must stop 1 year after the commencement unless-- (a) the Minister approves assistance under this Act; and (b) a service agreement is signed by the service provider. (7) No compensation is payable to a service provider if assistance to the service provider stops under subsection (6). 139 Other matters (1) Nothing in this Act affects the operation of the Family Services Act 1987, section 11, in relation to a matter started, but not completed, before the commencement. (2) The matter may be completed as if the Family Services Act 1987 continued to be administered by the Minister administering this Act. (3) Subsection (4) applies to a service provider that, at the commencement-- (a) is providing community services with funding received by way of a grant from the department to the service provider under the Family Services Act 1987; and (b) has not signed an agreement in relation to the grant. (4) Until the service provider signs an agreement under this Act, the Family Services Act 1987, section 11 continues to apply as if that Act continued to be administered by the Minister administering this Act. 140 Reference in sch 2 to Criminal Code offence Schedule 2 applies as if the reference to the Criminal Code, section 208 included a reference to the Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008. 141 Definitions for div 3 In this division-- commencement means the commencement of this section. engaged by the department means engaged by the department as defined under section 100 of the unamended Act. police commissioner means the commissioner of the police service. police information means a report or other information mentioned in section 108 (2) of the unamended Act. unamended Act means this Act as in force from time to time before the commencement. 142 Notice about change in criminal history not given at the commencement (1) This section applies if-- (a) before the commencement, there is a change in the criminal history of a person engaged by the department; and (b) at the commencement, the person has not disclosed the details of the change to the chief executive as required by section 105 of the unamended Act. (2) Despite section 105 of the unamended Act, the person is no longer required to give the details to the chief executive under this Act. Note-- See, however, the Public Service Act 2008, sections 155B and 257. 143 Request for police information not complied with at the commencement (1) This section applies if-- (a) the chief executive has, under section 108 of the unamended Act, asked the police commissioner for police information about a person; and (b) at the commencement, the police commissioner has not given the police information to the chief executive. (2) Despite section 108(3) of the unamended Act, the police commissioner is no longer required to comply with the commissioner's request. 144 Particular police information obtained but not used before commencement (1) This section applies if-- (a) before the commencement, the police commissioner gave the chief executive a person's police information under section 108 of the unamended Act; and (b) at the commencement, the chief executive has not, in relation to the police information, made an assessment about the person's suitability to be, or continue to be, engaged by the department under section 110 of the unamended Act. (2) The chief executive must immediately-- (a) destroy the police information; and (b) stop making the assessment. Note-- Now see the following in relation to the engagement, or continued engagement, of the person by the department-- (a) if the person is engaged in regulated employment--the Commission for Children and Young People and Child Guardian Act 2000, chapter 8 and the Public Service Act 2008, chapter 5, part 6, division 3A; (b) otherwise--the Public Service Act 2008, chapter 5, part 6. 145 Notice not given by prosecuting authority at the commencement (1) This section applies if-- (a) before the commencement, a person engaged by the department is charged with an indictable offence; and (b) at the commencement, the police commissioner or director of public prosecutions (a prosecuting authority) has not given information about the charge to the chief executive as required by section 109 of the unamended Act. (2) Despite section 109 of the unamended Act, the prosecuting authority is no longer required to give the information to the chief executive. 146 Use of particular information obtained before commencement Section 110(2) of the unamended Act continues to apply in relation to information about a person received by the commissioner under part 10 of the unamended Act as if the Criminal History Screening Legislation Amendment Act 2010 had not been enacted. - SCHEDULE 1 -- REVIEWABLE DECISIONS Interested person Reviewable decision applicant for approval as an approved to refuse approval as an approved service provider service provider (s 16(1)) approved service provider to refuse to cancel approval as an approved service provider (s 19(1)) approved service provider to cancel approval as an approved service provider (s 20(1)) to suspend or stop assistance to a funded service provider whose funded service provider for not assistance is suspended or stopped complying with a compliance notice (s 32 (8)) funded service provider for which to appoint an interim manager for a interim manager appointed funded service provider (s 69) - SCHEDULE 4 -- DICTIONARY accepted representations, for part 6, division 2, see section 35(2). approved form means a form approved by the chief executive under section 134. approved service provider see section 8. assistance means assistance given to a service provider under part 4. authorised officer means a person appointed as an authorised officer under section 42. commencement-- (a) for part 13, division 1--see section 136; or (b) for part 13, division 3--see section 141. compliance notice see section 32(3). confidential information includes information about a person's affairs but does not include-- (a) information already publicly disclosed unless further disclosure of the information is prohibited by law; or (b) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates. conviction means a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded. engaged by the department, for part 13, division 3, see section 141. executive officer, of a corporation, means any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part in the management of the corporation. funded service provider see section 9. home means premises used as a private residence. interested person, for a reviewable decision, see section 92(b). interim manager means a person appointed as interim manager under section 69. notice means a written notice. obstruct includes hinder and attempt to obstruct or hinder. place includes premises and vacant land. police commissioner, for part 13, division 3, see section 141. police information, for part 13, division 3, see section 141. premises includes-- (a) a building or other structure; and (b) a part of a building or other structure; and (c) a vehicle; and (d) a caravan. prescribed requirement means a requirement prescribed under section 29. proposed action, for part 6, division 2, see section 34(2)(a). QCAT information notice means a notice complying with the QCAT Act, section 157 (2). reviewable decision means a decision stated in schedule 1. review decision, for part 9, see section 96(3). service agreement see section 27(1). service provider see section 7. show cause notice, for part 6, division 2, see section 34(2). show cause period, for part 6, division 2, see section 34(2)(d). standards see section 10(1). tribunal means QCAT. unamended Act, for part 13, division 3, see section 141. - NOTES Page Date to which amendments incorporated 75 Key 76 Table of reprints 76 List of legislation 77 List of annotations 77 List of forms notified or published in the gazette 80 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 October 2010. Future amendments of the Community Services Act 2007 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments included Effective Notes 0A none 30 November 2007 pts 14, 16-17 commenced 1 2008 Act No. 5 31 March 2008 1A 2008 Act No. 55 1 December 2008 1B 2009 Act No. 24 1 December 2009 1C 2010 Act No. 5 1 April 2010 1D 2009 Act No. 17 1 July 2010 1E 2010 Act No. 33 1 October 2010 (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) >