Family Responsibilities Commission Amendment Act 2015 (Qld)

Queensland Family Responsibilities Commission Amendment Act 2015 Act No. 30 of 2015

Queensland Family Responsibilities Commission Amendment Act 2015 Contents 1 2 3 4 5 6 7 Schedule 1 Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 24 (Delegation by commissioner) . . . . . . . . . . . 4 Amendment of s 34 (Eligibility for appointment as registrar) . . . . 4 Amendment of s 37 (Delegation by registrar). . . . . . . . . . . . . . . . 5 Replacement of s 43 (Notice about offences) . . . . . . . . . . . . . . . 5 43 Court advice notices. . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 8 CDEP Scheme participant amendments . . . . . . . . . . . . . . . . . 10

Queensland Family Responsibilities Commission Amendment Act 2015 Act No. 30 of 2015 An Act to amend the Family Responsibilities Commission Act 2008 for particular purposes [Assented to 17 December 2015]

Family Responsibilities Commission Amendment Act 2015 [s 1] The Parliament of Queensland enacts— 1 Short title This Act may be cited as the Family Responsibilities Commission Amendment Act 2015 . 2 Act amended This Act amends the Family Responsibilities Commission Act2008 . 3 Amendment of s 24 (Delegation by commissioner) Section 24— insert— (2A) In addition, the commissioner may delegate the commissioner’s functions for a conference to the chairperson of the commission for the conference if— (a) the commissioner makes a direction under section 50A(1) for the conference; and (b) the chairperson is appropriately qualified to perform the commissioner’s functions for the conference. (2B) For subsection (2A), the commissioner’s functions are the commissioner’s functions for endorsing a requirement for a person to be subject to income management. 4 Amendment of s 34 (Eligibility for appointment as registrar) Section 34, from ‘if the person is—’— omit, insert— Page 4 2015 Act No. 30

Family Responsibilities Commission Amendment Act 2015 [s 5] if the person— (a) has an appropriate understanding of the history and culture of Aboriginal people and Torres Strait Islanders; and (b) is— (i) a lawyer; or (ii) otherwise—appropriately qualified to perform the functions of the registrar. 5 Amendment of s 37 (Delegation by registrar) Section 37(2), definition appropriately qualified — omit. 6 Replacement of s 43 (Notice about offences) Section 43— omit, insert— 43 Court advice notices (1) This section applies if— (a) a court— (i) convicts a person of an offence; or (ii) makes a protection order against a person; and (b) for a person convicted of the offence who is a child—publication of identifying information about the child is not prohibited under the YouthJusticeAct1992 , section 299A or 301; and (c) at least 1 of the following applies— (i) the court was sitting in a welfare reform community area, Cooktown or Mossman; 2015 Act No. 30 Page 5

Family Responsibilities Commission Amendment Act 2015 [s 6] (ii) the court officer learns that the person lives, or at any time after the start day has lived, in a welfare reform community area; (iii) if the person is a child—the court officer learns that a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area. (2) The court officer must give the commission a notice (a court advice notice ) that states— (a) if the court convicted the person of an offence— (i) the offence that the person was convicted of; and (ii) the day on which the court convicted the person; and (b) if the court made a protection order against the person— (i) the conditions (if any) of the protection order; and (ii) the day on which the court made the protection order; and (c) the person’s name and address; and (d) information that identifies the court— (i) that convicted the person; or (ii) made the protection order against the person; and (e) information that identifies— (i) the place where the conduct that is the subject of the conviction or protection order happened; or Page 6 2015 Act No. 30

Family Responsibilities Commission Amendment Act 2015 [s 6] (ii) the welfare reform community area mentioned in subsection (1)(c)(ii) or (iii). (3) The court officer must give the notice as soon as practicable, but not more than 10 business days, after the later of the following— (a) the court— (i) convicts the person; or (ii) makes the protection order against the person; (b) the court officer learns that the person or, if the person is a child, a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area. (4) In this section— conviction , in relation to a child, means a finding of guilt within the meaning of the Youth JusticeAct 1992 . court means— (a) the Childrens Court; or (b) the District Court; or (c) a Magistrates Court; or (d) the Supreme Court. court officer means— (a) for a court that convicts a person— (i) for the Childrens Court—the registrar or the clerk of the court; or (ii) for the District Court—the registrar of the court; or (iii) for a Magistrates Court—the clerk of the court; or 2015 Act No. 30 Page 7

Family Responsibilities Commission Amendment Act 2015 [s 7] (iv) for the Supreme Court—the registrar of the court; or (b) otherwise—a clerk as defined in the DomesticandFamilyViolenceProtectionAct 2012 , schedule. identifying information see the Youth Justice Act1992 , schedule 4. protection order see the DomesticandFamilyViolence Protection Act 2012 , schedule. start day means— (a) for subsection (1)(c)(iii), in relation to a child convicted of an offence—28 November 2014; or (b) otherwise—the day on which this definition commences. 7 Amendment of schedule (Dictionary) (1) Schedule, definition conviction notice — omit. (2) Schedule— insert — court advice notice see section 43. (3) Schedule, definition agency notice , paragraph (d)— omit, insert — (d) court advice notice; (4) Schedule, definition relevant person , paragraph (d)— omit, insert — (d) for a court advice notice— (i) if the person who is the subject of the notice is a child—any parent of the child, or the child; or Page 8 2015 Act No. 30

Family Responsibilities Commission Amendment Act 2015 [s 7] (ii) otherwise—the person who is the subject of the notice; or 2015 Act No. 30 Page 9

Family Responsibilities Commission Amendment Act 2015 Schedule 1 Schedule 1 CDEP Scheme participant amendments section 2 1 Section 8(c)— omit . 2 Section 68(3)— omit . 3 Section 69(3)— omit . 4 Section 87(3)— omit . 5 Section 108(3)— omit . 6 Schedule, definition CDEP Scheme participant — omit . © State of Queensland 2015 Authorised by the Parliamentary Counsel Page 10 2015 Act No. 30