Family Responsibilities Commission Amendment Act 2013 (Qld)

Queensland Family Responsibilities Commission Amendment Act 2013 Act No. 48 of 2013

Queensland Family Responsibilities Commission Amendment Act 2013 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2A Amendment of s 50A (Constitution of commission for particular conference). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2B Amendment of s 53A (Reconstituting of commission for particular conferences). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2C Amendment of s 64 (Adjournment of conference) . . . . . . . . . . . . 5 2D Amendment of s 68 (Decision to enter into agreement) . . . . . . . . 6 2E Amendment of s 69 (Other decisions) . . . . . . . . . . . . . . . . . . . . . 6 3 Amendment of s 152 (Expiry of Act). . . . . . . . . . . . . . . . . . . . . . . 7 4 Amendment of s 155 (Vacation of office on expiry of Act) . . . . . . 7 5 Amendment of s 156 (When particular agreements or family responsibilities orders end) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Insertion of new s 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 158 Transitional provision for Family Responsibilities Commission Amendment Act 2013 . . . . . . . . . . . . . . 8

Queensland Family Responsibilities Commission Amendment Act 2013 Act No. 48 of 2013 An Act to amend the Family Responsibilities Commission Act 2008 for particular purposes [Assented to 29 October 2013]

Family Responsibilities Commission Amendment Act 2013 [s 1] The Parliament of Queensland enacts— 1 Short title This Act may be cited as the Family Responsibilities Commission Amendment Act 2013 . 2 Act amended This Act amends the Family Responsibilities Commission Act2008. 2A Amendment of s 50A (Constitution of commission for particular conference) (1) Section 50A(1) and (2)— omit , insert — (1) If the commissioner considers it appropriate in the circumstances, the commissioner may, for a particular conference, direct the commission to be constituted by 3 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the conference lives or lived. (2) Section 50A(3), ‘mentioned in subsection (2)’— omit . (3) Section 50A(3) to (5)— renumber as section 50A(2) to (4). 2B Amendment of s 53A (Reconstituting of commission for particular conferences) (1) Section 53A(3) and (4)— omit , insert — Page 4 2013 Act No. 48

Family Responsibilities Commission Amendment Act 2013 [s 2C] (3) If the commission adjourns a conference under section 64(2) and the commissioner does not endorse the proposed income management decision, after the adjournment the commission for the conference is to be constituted by— (a) the commissioner; and (b) the 3 local commissioners who were constituting members for the conference before the adjournment. (4) If a constituting member mentioned in subsection (3)(b) stops being a member, or for any reason is not available for the conference after the adjournment, the commissioner may direct that the commission for the conference be constituted by— (a) the commissioner and the remaining constituting members; or (b) the commissioner, the remaining constituting members and another local commissioner appointed by the commissioner. (2) Section 53A(5), ‘(3)(b)’— omit , insert — (4)(b) 2C Amendment of s 64 (Adjournment of conference) (1) Section 64(2)— omit , insert — (2) However, if the commission is constituted under section 50A for a conference, it must adjourn the conference to obtain the commissioner’s endorsement if it proposes to make an income management decision. 2013 Act No. 48 Page 5

Family Responsibilities Commission Amendment Act 2013 [s 2D] (2) Section 64(4)— omit . 2D Amendment of s 68 (Decision to enter into agreement) Section 68— insert — (3A) Also, if the commission is constituted under section 50A, a notice mentioned in subsection (2)(b) may only require the person to be subject to income management if— (a) the requirement has first been endorsed by the commissioner; or Note — See section 64(2) which provides for the conference to be adjourned to obtain the commissioner’s endorsement. (b) if, after considering the requirement and each of the constituting member’s reasons for the decision or not agreeing with the decision, the commissioner does not endorse it—the requirement is affirmed by the commission as constituted under section 53A(3) or (4). 2E Amendment of s 69 (Other decisions) Section 69— insert — (3A) Also, if the commission is constituted under section 50A, a decision mentioned in subsection (1)(b)(iv) may only require the person to be subject to income management if— (a) the requirement has first been endorsed by the commissioner; or Page 6 2013 Act No. 48

Family Responsibilities Commission Amendment Act 2013 [s 3] Note — See section 64(2) which provides for the conference to be adjourned to obtain the commissioner’s endorsement. (b) if, after considering the requirement and each constituting member’s reasons for the decision or not agreeing with the decision, the commissioner does not endorse it—the requirement is affirmed by the commission as constituted under section 53A(3) or (4). 3 Amendment of s 152 (Expiry of Act) Section 152, ‘2014’— omit, insert — 2015 4 Amendment of s 155 (Vacation of office on expiry of Act) Section 155, ‘2014’— omit, insert — 2015 5 Amendment of s 156 (When particular agreements or family responsibilities orders end) Section 156, ‘2014’— omit, insert — 2015 6 Insertion of new s 158 After section 157— insert — 2013 Act No. 48 Page 7

Family Responsibilities Commission Amendment Act 2013 [s 6] 158 Transitional provision for Family Responsibilities Commission Amendment Act 2013 (1) This section applies to a conference if— (a) the agency notice to which the conference relates was received by the commissioner before the commencement; and (b) all or part of the conference is held after the commencement. (2) This Act, as in force immediately before the commencement, continues to apply to the conference despite the commencement of the amending Act. (3) In this section— amending Act means the Family Responsibilities Commission Amendment Act 2013 . commencement means the commencement of this section. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 8 2013 Act No. 48