Family Services Act 1987

Queensland Family Services Act 1987 Current as at 1 November 2013 Reprint note This is the last reprint before repeal. Repealed on 1 July 2014 by 2014 Act No. 12 s 76.

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Family Services Act 1987 Contents Part 1 1 2 Part 2 Division 1 3 Division 2 4 5 6 7 8 9 Part 3 10 11 12 13 Part 5 28 28A 30 30A Part 6 Division 1 33 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Objects and administration Objects Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Administration Honorary officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Engagement of agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Delegation, and exercise of powers on behalf of chief executive . 6 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Offences with respect to officers of the department etc. . . . . . . . 8 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Family and community services Chief executive may develop or carry out programs. . . . . . . . . . . 9 Grants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Chief executive may inspect books etc. . . . . . . . . . . . . . . . . . . . . 11 Auditor-general may audit books etc. . . . . . . . . . . . . . . . . . . . . . . 11 Miscellaneous Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Confidentiality of information obtained under previous pt 4 . . . . . 12 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Transitional provisions Transitional provision for repeal of Family and Youth Services Act 1987 Family and Youth Services Act 1987 references . . . . . . . . . . . . . 14

Family Services Act 1987 Contents Division 2 34 Division 3 35 36 37 38 39 40 Transitional provision for Criminal Code and Other Acts Amendment Act 2008 Reference in schedule to Criminal Code offences . . . . . . . . . . . . Transitional provisions for Criminal History Screening Legislation Amendment Act 2010 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice about change in criminal history not given at the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Request for police information not complied with at the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particular police information obtained before commencement. . . Notice not given by prosecuting authority at the commencement Use of particular information obtained before commencement . . 14 15 15 16 16 17 17 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 19 19 20 22 28 29 Page 2

Family Services Act 1987 Family Services Act 1987 Part 1 Preliminary [s 1] [as amended by all amendments that commenced on or before 1 November 2013] An Act to provide for assistance to be made available to families and children and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Family Services Act 1987 . 2 Definitions In this Act— agent means an agent under a contract entered into under section 5. approved form see section 30. charge , of an offence, means a charge in any form, including, for example, the following— (a) a charge on an arrest; (b) a notice to appear served under the Police Powers and Responsibilities Act 2000 , section 382; (c) a complaint under the Justices Act 1886 ; (d) a charge by a court under the Justices Act 1886 , section 42(1A) or another provision of an Act; (e) an indictment. child means a person who has not attained the age of 18 years. Current as at 1 November 2013 Page 3

Family Services Act 1987 Part 2 Objects and administration [s 3] commencement , for part 6, division 3, see section 35. engaged by the department , for part 6, division 3, see section 35. guardian means any person who is recognised in law as a legal guardian of a child. honorary officer means a person holding appointment as an honorary officer under section 4. person includes an association of persons that is not incorporated. police commissioner , for part 6, division 3, see section 35. police information , for part 6, division 3, see section 35. unamended Act , for part 6, division 3, see section 35. Part 2 Objects and administration Division 1 Objects 3 Objects Without limiting the operation of this Act, the objects of this Act include— (a) the promotion and support of the welfare of families as the basis of community wellbeing; (b) the establishment of services and the encouragement of the development of services that promote, support and protect the wellbeing of families; (c) the encouragement of the development of coordinated social welfare services and programs that promote and strengthen local, neighbourhood and community interests; Page 4 Current as at 1 November 2013

Family Services Act 1987 Part 2 Objects and administration [s 4] (d) the promotion of the wellbeing of the community by assisting individuals and families to overcome social problems with which they are confronted. Division 2 Administration 4 Honorary officers (1) The chief executive may appoint, in writing, such persons, having qualifications or experience appropriate to the proper discharge of their duties, as the chief executive thinks fit, to be honorary officers— (a) for the purpose of assisting officers of the department in giving effect to this Act or any other Act; and (b) for a term not exceeding 2 years; and (c) upon such terms and conditions as the chief executive thinks fit and specifies in the officers’ appointments. (2) An honorary officer may be reappointed from time to time for a term not exceeding 2 years in respect of any reappointment. (3) The chief executive, by writing addressed to an honorary officer, may remove the officer from his or her appointment at any time. (4) The chief executive may pay an honorary officer such amounts as the chief executive thinks fit to reimburse the officer for expenses reasonably incurred, or reasonably expected to be incurred, in the course of the officer’s duties. (5) The chief executive shall arrange for an honorary officer to receive such training and to be subject to such supervision as the chief executive thinks fit. (6) An honorary officer, while carrying out the duties of an honorary officer, is taken to be employed by the chief executive. Current as at 1 November 2013 Page 5

Family Services Act 1987 Part 2 Objects and administration [s 5] (7) The chief executive must enter into a contract of insurance with Workcover Queensland or another insurer for insurance for honorary officers. 5 Engagement of agents The chief executive may enter into contracts for services with such persons having qualifications and experience appropriate to the proper discharge of the contracts as the chief executive thinks fit with a view to those persons acting as the chief executive’s agents in giving effect to this Act or any other Act. 6 Delegation, and exercise of powers on behalf of chief executive (1) Subject to any direction by the Minister to the contrary, the chief executive, by signed writing, may delegate, either generally or in a particular case and whether given or imposed under this or any other Act, all or any of the chief executive’s powers, authorities, functions and duties as specified therein (other than this power of delegation) to— (a) any officer of the department; or (b) any holder of an office within the department specifying its title but not the name of the holder for the time being; or (c) an honorary officer; or (d) an agent; and may in like manner and subject as aforesaid revoke at any time a delegation made by the chief executive under this subsection. (2) In making a delegation under subsection (1)(c) or (d) the chief executive may only delegate such of the chief executive’s powers, authorities, functions and duties as are necessary to enable the honorary officer to carry out the duties of his or her office or, as the case may be, the agent to discharge his or her contract. Page 6 Current as at 1 November 2013

Family Services Act 1987 Part 2 Objects and administration [s 6] (3) Subject to any direction by the Minister to the contrary, the chief executive, by signed writing, may delegate to an individual who has the care of a child of whom the chief executive is guardian all or any of the chief executive’s powers, authorities, functions and duties specified therein (other than this power of delegation) had by the chief executive as such guardian, and may in like manner and subject as aforesaid revoke at any time a delegation made by the chief executive under this subsection. (4) The chief executive may make pursuant to subsection (1) such and as many delegations of the same power, authority, function or duty and to such number of persons as the chief executive considers necessary or desirable. (5) A delegation— (a) may be made subject to such conditions as the chief executive thinks fit and specifies in the instrument of delegation or free of any condition; and (b) shall be authority to the delegate thereunder to exercise the delegated power or authority or discharge the delegated function or duty subject to and in accordance with the instrument of delegation; and (c) shall not prevent or prejudice the exercise or discharge by the chief executive of the power, authority, function or duty thereby delegated. (6) A delegation under subsection (3) shall not be made, if the child has attained the age of 15 years, unless the child consents thereto. (7) If the chief executive is at any time absent from duty or unable to perform the duties of office, any power, authority, function or duty had by the chief executive pursuant to this or any other Act or arising by reason of the chief executive having guardianship or custody of a child may be exercised or discharged by another officer of the department authorised in writing in that behalf by the Minister, without any delegation by the chief executive in respect thereof. Current as at 1 November 2013 Page 7

Family Services Act 1987 Part 2 Objects and administration [s 7] 7 Advisory committees (1) The Minister may establish as many advisory committees as the Minister considers appropriate for the administration of this Act. (2) An advisory committee has the functions the Minister decides. (3) A member of an advisory committee is entitled to be paid the fees and allowances that may be decided by the Governor in Council. 8 Offences with respect to officers of the department etc. (1) A person who, with intent to influence any officer of the department or any other person in the exercise of the person’s powers or authorities or the discharge of the person’s duties or functions under this Act, gives, offers or promises any bribe, recompense, inducement or reward to that officer or other person, or attempts so to do, commits an offence against this Act. Maximum penalty—40 penalty units or 2 years imprisonment. (2) A person who— (a) falsely assumes or uses the name, designation or description of any honorary officer, agent or other person appointed for any purpose of this Act; or (b) pretends that the person is any honorary officer, agent or other person appointed for any purpose of this Act; for the purpose of assuming to do any act, exercise any power or authority or discharge any duty or function had by, or imposed on, that officer, agent or person pursuant to this Act or any other Act administered in the department commits an offence against this Act. Maximum penalty for subsection (2)—40 penalty units or 2 years imprisonment. Page 8 Current as at 1 November 2013

Family Services Act 1987 Part 3 Family and community services [s 9] 9 Annual report (1) In each year the chief executive shall furnish to the Minister a report on the operation of this Act and any other Act administered in the department during the year covered by the report. (2) The Minister shall lay every such report before the Legislative Assembly within 14 sitting days from the date on which the Minister receives the report. Part 3 Family and community services 10 Chief executive may develop or carry out programs (1) The chief executive may— (a) develop or carry out; or (b) where the Minister so approves under section 11(3), make grants to any body corporate or association of persons that is not incorporated to develop or carry out; programs for the provision of family or community services. (2) In considering whether to develop or carry out a program referred to in subsection (1), or whether to recommend to the Minister that a grant be made for that purpose, the chief executive shall consider whether the program has as its object— (a) the promotion and protection of family life; or (b) the development and strengthening of local, neighbourhood and community interests; or (c) the preservation and fostering of the dignity and independence of individuals; or (d) the provision of assistance to individuals who are disadvantaged or disabled; or Current as at 1 November 2013 Page 9

Family Services Act 1987 Part 3 Family and community services [s 11] (e) any other object that is consistent with the objects of this Act. 11 Grants (1) An application for a grant under section 10 shall be made in writing to the chief executive and shall be made in accordance with such guidelines as are issued by the chief executive, with the approval of the Minister, and shall contain such information as is required by the chief executive. (2) The chief executive may make such inquiries in respect of an application for a grant as the chief executive thinks fit. (3) The Minister may approve or refuse an application for a grant as the Minister thinks fit. (4) If a grant is approved the Minister may subject to the grant to such conditions as the Minister thinks fit. (5) If the chief executive has reasonable cause to suspect that the conditions of a grant are not being, or have not been, complied with, the chief executive may call upon the person who received the grant, by notice served upon the person, to show cause to the chief executive within 21 days of receipt of the notice why further payments of the grant should be made or, as the case may be, moneys paid under the grant should not be refunded. (6) If after the expiration of the 21 days, the chief executive, after considering any submission made by the person, is satisfied that the conditions of a grant are not being or have not been complied with, the chief executive, with the approval of the Minister, may refuse to make further payments of the grant. (7) If that noncompliance consists of the application of moneys paid under the grant to a purpose other than the purpose for which the grant was approved the amount of those moneys may be recovered from the applicant by action in a court of competent jurisdiction as a debt due and owing to the Crown. Page 10 Current as at 1 November 2013

Family Services Act 1987 Part 5 Miscellaneous [s 12] 12 Chief executive may inspect books etc. (1) If the chief executive has reasonable cause to suspect that the conditions of a grant made under section 10 are not being, or have not been, complied with, the chief executive may request the person to whom the grant has been made to produce to the chief executive any books and records kept by that person in respect of moneys received under that grant. (2) The chief executive may examine and make copies of, or take extracts from, the books and records so produced relating to the receipt and expenditure of those moneys. 13 Auditor-general may audit books etc. (1) If the chief executive has reasonable cause to suspect that the conditions of a grant made under section 10 are not being, or have not been, complied with, the chief executive may request the auditor-general to audit the accounts of the person to whom the grant has been paid. (2) The auditor-general shall have with respect to such audit all the powers and authorities conferred on the auditor-general by the Auditor-General Act 2009 in respect of an audit of the description of audit that the auditor-general is performing under subsection (1) and the provisions of that Act shall apply in respect of such audit and to all persons concerned therein. Part 5 Miscellaneous 28 Evidentiary provisions (1) This section applies to a proceeding under or in relation to this Act. (2) Unless a party, by reasonable notice, requires proof of— (a) the appointment of an honorary officer under this Act; or Current as at 1 November 2013 Page 11

Family Services Act 1987 Part 5 Miscellaneous [s 28A] (b) the authority of an honorary officer to do an act under this Act; the appointment or authority must be presumed. (3) A signature purporting to be the signature of the chief executive or an honorary officer is evidence of the signature it purports to be. (4) A certificate purporting to be signed by the chief executive stating a stated document is a copy of a notice or approval given under this Act is evidence of the matter. 28A Confidentiality of information obtained under previous pt 4 (1) This section applies to a person who— (a) is, or has been, a public service employee in the department or a selection panel member; and (b) in that capacity acquired information, or gained access to a document, under previous part 4 about someone else’s criminal history or about an investigation relating to the possible commission of a serious offence by someone else. (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 a public service employee in the department, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the department; or (b) with the person’s consent; or (c) if the disclosure or giving of access is otherwise required under an Act. Page 12 Current as at 1 November 2013

Family Services Act 1987 Part 5 Miscellaneous [s 30] (4) In this section— commencement means the commencement of this section. conviction includes a finding of guilt by a court, or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded. criminal history , of a person, means— (a) every conviction of the person for an offence, in Queensland or elsewhere; and (b) every charge made against the person for an offence, in Queensland or elsewhere. engaged by the department means engaged by the department within the meaning of section 14(2) of this Act as in force from time to time before the commencement. previous part 4 means part 4 of this Act as in force from time to time before the commencement. 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 serious offence as defined under section 2 of this Act as in force from time to time before the commencement. 30 Approved forms The chief executive may approve forms for use under this Act. 30A Delegation (1) The Minister may delegate the Minister’s powers under section 11(3), (4) and (6) to an appropriately qualified public service officer or employee. (2) In this section— Current as at 1 November 2013 Page 13

Family Services Act 1987 Part 6 Transitional provisions [s 33] appropriately qualified , for a person to whom a power may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power. Part 6 Transitional provisions Division 1 Transitional provision for repeal of Family and Youth Services Act 1987 33 Family and Youth Services Act 1987 references In an Act or document, a reference to the Family and Youth Services Act 1987 is a reference to this Act. Division 2 Transitional provision for Criminal Code and Other Acts Amendment Act 2008 34 Reference in schedule to Criminal Code offences The schedule applies as if the reference to the Criminal Code, section 415 included a reference to the Criminal Code, sections 415, 416 and 417 as in force at any time before their repeal by the Criminal Code and Other Acts Amendment Act 2008 . Page 14 Current as at 1 November 2013

Division 3 Family Services Act 1987 Part 6 Transitional provisions [s 35] Transitional provisions for Criminal History Screening Legislation Amendment Act 2010 35 Definitions for div 3 In this division— commencement means the commencement of this section. engaged by the department means engaged by the department within the meaning of section 14 of the unamended Act. police commissioner means the commissioner of the police service. police information means a report or other information mentioned in section 22(2) of the unamended Act. unamended Act means this Act as in force from time to time before the commencement. 36 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 19 of the unamended Act. (2) Despite section 19 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. Current as at 1 November 2013 Page 15

Family Services Act 1987 Part 6 Transitional provisions [s 37] 37 Request for police information not complied with at the commencement (1) This section applies if— (a) the chief executive has, under section 22 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 22(3) of the unamended Act, the police commissioner is no longer required to comply with the chief executive’s request. 38 Particular police information obtained 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 22 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 for engagement, or continued engagement, by the department under section 24 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) the Public Service Act 2008 , chapter 5, part 6; (b) the Commission for Children and Young People and Child Guardian Act 2000 , chapter 8. Page 16 Current as at 1 November 2013

Family Services Act 1987 Part 6 Transitional provisions [s 39] 39 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 has not given information about the charge to the chief executive as required by section 23 of the unamended Act. (2) Despite section 23 of the unamended Act, the police commissioner or director of public prosecutions is no longer required to give the information to the chief executive. 40 Use of particular information obtained before commencement Section 24(2) of the unamended Act continues to apply in relation to information about a person received by the chief executive under part 4 of the unamended Act as if the Criminal History Screening Legislation Amendment Act 2010 had not been enacted. Current as at 1 November 2013 Page 17

Family Services Act 1987 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 7 Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 2 Date to which amendments incorporated 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 November 2013. Future amendments of the Family Services Act 1987 may be made in accordance with this reprint under the Reprints Act 1992 , section 49. Page 18 Current as at 1 November 2013

Family Services Act 1987 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted = unnumbered 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A 1B 2 Amendments to 1994 Act No. 87 1995 Act No. 57 1996 Act No. 75 1999 Act No. 52 Effective 1 December 1994 28 November 1995 1 February 1997 17 December 1999 Reprint date 8 February 1995 24 September 1996 24 March 1997 17 December 1999 Current as at 1 November 2013 Page 19

Family Services Act 1987 Endnotes Reprint No. 2A 2B 2C 2D 3 3A 3B 3C Amendments included 2004 Act No. 36 2006 Act No. 12 2007 Act No. 36 2008 Act No. 55 — 2009 Act No. 9 2010 Act No. 5 2010 Act No. 33 Effective 27 October 2004 1 July 2006 29 August 2007 1 December 2008 1 December 2008 1 July 2009 1 April 2010 1 October 2010 Current as at 1 November 2013 Amendments included 2013 Act No. 51 Notes R2D withdrawn, see R3 Notes 5 List of legislation Family Services Act 1987 No. 32 (prev Family and Youth Services Act 1987) date of assent 30 April 1987 ss 1–2, 69(4) and (5), 69(1) to the extent that it provides for amdts made by ss 22–27 of sch hereto and ss 22–27 thereof commenced on date of assent ss 3–17, 56–60, 68, 69(2)–(3), (6)–(11) and (13), 69(1) to the extent that it provides for amdts made by ss 1(a), 2, 3(b), 4, 9–10, 16, 18, 20–21, 28–30, 32–36 and 38 of sch hereto and ss 1(a), 2, 3(b), 4, 9–10, 16, 18, 20–21, 28–30, 32–36 and 38 thereof commenced 9 June 1987 (proc pubd gaz 30 May 1987 p 846) remaining provisions never proclaimed into force and rep 1994 No. 87 s 3 sch 3, pt 1 amending legislation— Acts Amendment and Construction Act 1988 No. 47 s 3 sch 1 date of assent 12 May 1988 commenced on date of assent Child Care Act 1991 No. 79 ss 1–2, 85 sch 1 date of assent 9 December 1991 ss 1–2 commenced on date of assent remaining provisions commenced 5 June 1992 (1992 SL No. 119) Juvenile Justice Act 1992 No. 44 ss 1–2, 235 sch 3 date of assent 19 August 1992 ss 1–2 commenced on date of assent remaining provisions commenced 1 September 1993 (1993 SL No. 313) Statute Law (Miscellaneous Provisions) Act (No. 2) 1994 No. 87 ss 1–3 sch 3, pt 1 date of assent 1 December 1994 commenced on date of assent Statute Law Revision Act 1995 No. 57 ss 1–2, 4 sch 2 date of assent 28 November 1995 commenced on date of assent Page 20 Current as at 1 November 2013

Family Services Act 1987 Endnotes WorkCover Queensland Act 1996 No. 75 ss 1–2, 535 sch 2 date of assent 12 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 1997 (1996 SL No. 442) Child Protection Act 1999 No. 10 ss 1, 2(2), 205 sch 3 date of assent 30 March 1999 ss 1–2 commenced on date of assent remaining provisions commenced 10 September 1999 (1999 SL No. 205) Family Services Amendment Act 1999 No. 52 pts 1–2 date of assent 18 November 1999 ss 1–2 commenced on date of assent remaining provisions commenced 17 December 1999 (1999 SL No. 334) Child Safety Legislation Amendment Act (No. 2) 2004 No. 36 ss 1–2(1), pt 7 date of assent 27 October 2004 ss 1–2 commenced on date of assent remaining provisions commenced on date of assent (see s 2(1)) Disability Services Act 2006 No. 12 ss 1–2, 241 sch 1 date of assent 4 April 2006 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2006 (2006 SL No. 160) Statute Law (Miscellaneous Provisions) Act 2007 No. 36 date of assent 29 August 2007 commenced on date of assent Criminal Code and Other Acts Amendment Act 2008 No. 55 ss 1–2, 150 sch date of assent 23 October 2008 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2008 (2008 SL No. 386) Financial Accountability Act 2009 No. 9 ss 1, 2(2), 136 sch 1 date of assent 28 May 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 80) Criminal History Screening Legislation Amendment Act 2010 No. 5 pts 1, 11 date of assent 4 March 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 April 2010 (2010 SL No. 53) Child Protection and Other Acts Amendment Act 2010 No. 33 ss 1, 2(3), pt 6 date of assent 8 September 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 October 2010 (2010 SL No. 272) Directors’ Liability Reform Amendment Act 2013 No. 51 ss 1–2(1), pt 17A date of assent 29 October 2013 ss 1–2 commenced on date of assent remaining provisions commenced 1 November 2013 (see s 2(1)) Current as at 1 November 2013 Page 21

Family Services Act 1987 Endnotes 6 List of annotations This reprint has been renumbered—see table of renumbered provisions in endnote 8. Long title amd 1988 No. 47 s 3 sch 1; 1991 No. 79 s 85 sch 1 Short title s 1 amd 1988 No. 47 s 3 sch 1 Definitions prov hdg sub 1999 No. 52 s 4(1) s 2 prev s 2 om 1999 No. 10 s 205 sch 3 pres s 2 def agent ins 1999 No. 10 s 205 sch 3 def approved form ins 1999 No. 52 s 4(2) def certificate of approval om 1999 No. 10 s 205 sch 3 def charge ins 1999 No. 52 s 4(2) amd 2007 No. 36 s 2 sch def child care om 1991 No. 79 s 85 sch 1 def conviction ins 1999 No. 52 s 4(2) om 2010 No. 5 s 205(1) def commencement ins 2010 No. 5 s 205(2) def criminal history om 1999 No. 10 s 205 sch 3 ins 1999 No. 52 s 4(2) om 2010 No. 5 s 205(1) def Department om R1 (see RA s 39) def engaged by the department ins 1999 No. 52 s 4(2) sub 2010 No. 5 s 205 def family day care om 1991 No. 79 s 85 sch 1 def family day care agent om 1991 No. 79 s 85 sch 1 def foster care amd 1992 No. 44 s 235 sch 3 om 1999 No. 10 s 205 sch 3 def foster care agent om 1999 No. 10 s 205 sch 3 def foster parent om 1999 No. 10 s 205 sch 3 def honorary officer ins 1999 No. 10 s 205 sch 3 def licensee amd 1991 No. 79 s 85 sch 1 om 1999 No. 10 s 205 sch 3 def local authority om R1 (see RA s 39) def Minister om R1 (see RA s 39) def parent om 1999 No. 10 s 205 sch 3 def permanent head om R1 (see RA s 39) def police commissioner ins 2010 No. 5 s 205(2) def police information ins 2010 No. 5 s 205(2) def police officer om R1 (see RA s 39) def premises om 1999 No. 10 s 205 sch 3 def residential care om 1999 No. 10 s 205 sch 3 def sentence ins 1999 No. 52 s 4(2) om 2010 No. 5 s 205(1) Page 22 Current as at 1 November 2013

Family Services Act 1987 Endnotes def serious offence ins 1999 No. 52 s 4(2) om 2010 No. 5 s 205(1) def unamended Act ins 2010 No. 5 s 205(2) Objects s3 prev s 3 om 1991 No. 79 s 85 sch 1 pres s 3 amd 1988 No. 47 s 3 sch 1 Honorary officers s 4 amd 1992 No. 44 s 235 sch 3; 1996 No. 75 s 535 sch 2 Engagement of agents s 5 amd 1992 No. 44 s 235 sch 3 Delegation, and exercise of powers on behalf of chief executive s 6 prev s 6 om 1999 No. 10 s 205 sch 3 pres s 6 amd 1999 No. 10 s 205 sch 3 Advisory committees s 7 prev s 7 om 1999 No. 10 s 205 sch 3 pres s 7 sub 1999 No. 10 s 205 sch 3 Offences with respect to officers of the department etc. s 8 amd 1992 No. 44 s 235 sch 3; 1999 No. 10 s 205 sch 3 Annual report s 9 amd 1992 No. 44 s 235 sch 3 PART 3—FAMILY AND COMMUNITY SERVICES pt hdg amd 1988 No. 47 s 3 sch 1 Chief executive may develop or carry out programs s 10 amd 1988 No. 47 s 3 sch 1; 2010 No. 5 s 206 Auditor-general may audit books etc. s 13 amd 2009 No. 9 s 136 sch 1 PART 4—CRIMINAL HISTORIES OF PERSONS ENGAGED BY THE DEPARTMENT pt hdg orig pt 4 hdg om 1994 No. 87 s 3 sch 3 prev pt 4 hdg ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Division 1—Preliminary div hdg ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Persons engaged by the department s 14 orig s 14 amd 1988 No. 47 s 3 sch 1 om 1994 No. 87 s 3 sch 3 prev s 14 ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Purpose s 15 orig s 15 om 1994 No. 87 s 3 sch 3 Current as at 1 November 2013 Page 23

Family Services Act 1987 Endnotes prev s 15 ins 1999 No. 52 s 5 om 2010 No. 5 s 207 This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 s 16 orig s 16 amd 1991 No. 79 s 85 sch 1 om 1994 No. 87 s 3 sch 3 prev s 16 ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Chief executive to advise of duties of disclosure etc. s 17 orig s 17 om 1994 No. 87 s 3 sch 3 prev s 17 ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Division 2—Disclosure of criminal history div hdg ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Persons seeking to be engaged by the department must disclose criminal history s 18 orig s 18 om 1994 No. 87 s 3 sch 3 prev s 18 ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Persons engaged by the department must disclose changes in criminal history s 19 orig s 19 om 1994 No. 87 s 3 sch 3 prev s 19 ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Requirements for disclosure s 20 orig s 20 amd 1991 No. 79 s 85 sch 1 om 1994 No. 87 s 3 sch 3 prev s 20 ins 1999 No. 52 s 5 om 2010 No. 5 s 207 False, misleading or incomplete disclosure or failure to disclose s 21 orig s 21 om 1994 No. 87 s 3 sch 3 prev s 21 ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Division 3—Chief executive may obtain information from other entities about criminal history and certain investigations div hdg ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Chief executive may obtain report from commissioner of police service s 22 orig s 22 om 1994 No. 87 s 3 sch 3 prev s 22 ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Prosecuting authority to notify chief executive about committal, conviction etc. s 23 orig s 23 om 1994 No. 87 s 3 sch 3 prev s 23 ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Page 24 Current as at 1 November 2013

Family Services Act 1987 Endnotes Division 4—Controls on use of information about criminal history and certain investigations div hdg ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Use of information obtained under this part s 24 orig s 24 om 1994 No. 87 s 3 sch 3 prev s 24 ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Persons to be advised of information obtained s 25 orig s 25 om 1994 No. 87 s 3 sch 3 prev s 25 ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Confidentiality s 26 orig s 26 om 1994 No. 87 s 3 sch 3 prev s 26 ins 1999 No. 52 s 5 om 2010 No. 5 s 207 Guidelines for dealing with information s 27 orig s 27 amd 1991 No. 79 s 85 sch 1 om 1994 No. 87 s 3 sch 3 prev s 27 ins 1999 No. 52 s 5 om 2010 No. 5 s 207 PART 5—MISCELLANEOUS pt hdg prev pt 5 hdg om 1994 No. 87 s 3 sch 3 Evidentiary provisions s 28 sub 1999 No. 10 s 205 sch 3 Confidentiality of information obtained under previous pt 4 s 28A ins 2010 No. 5 s 208 Division 1—Application of Part div hdg prev pt 5 div 1 hdg om 1994 No. 87 s 3 sch 3 Liability for offences by bodies corporate and unincorporate s 29 om 2013 No. 51 s 45B Approved forms s 30 prev s 30 om 1991 No. 79 s 85 sch 1 pres s 30 ins 1999 No. 52 s 6 Delegation s 30A ins 2004 No. 36 s 62 Division 2—Licences div hdg prev pt 5 div 2 hdg om 1994 No. 87 s 3 sch 3 References to Minister s 31 prev s 31 om 1994 No. 87 s 3 sch 3 Current as at 1 November 2013 Page 25

Family Services Act 1987 Endnotes pres s 31 ins 1999 No. 52 s 6 om 2006 No. 12 s 241 sch 1 References to department and chief executive s 32 orig s 32 om 1994 No. 87 s 3 sch 3 prev s 32 om 1994 No. 87 s 3 sch 3 ins 1999 No. 52 s 6 om 2006 No. 12 s 241 sch 1 PART 6—TRANSITIONAL PROVISIONS pt hdg prev pt 6 hdg om 1994 No. 87 s 3 sch 3 pres pt 6 hdg ins 1995 No. 57 s 4 sch 2 amd 2008 No. 55 s 150 sch Division 1—Transitional provision for repeal of Family and Youth Services Act 1987 div hdg ins 2010 No. 5 s 209 Family and Youth Services Act 1987 references s 33 prev s 33 amd 1991 No. 79 s 85 sch 1 om 1994 No. 87 s 3 sch 3 pres s 33 sub 1995 No. 57 s 4 sch 2 Division 2—Transitional provision for Criminal Code and Other Acts Amendment Act 2008 div hdg ins 2010 No. 5 s 210 Reference in schedule to Criminal Code offences s 34 prev s 34 amd 1991 No. 79 s 85 sch 1 om 1994 No. 87 s 3 sch 3 pres s 34 ins 2008 No. 55 s 150 sch Division 3—Transitional provisions for Criminal History Screening Legislation Amendment Act 2010 div hdg ins 2010 No. 5 s 211 Definitions for div 3 s 35 prev s 35 amd 1991 No. 79 s 85 sch 1 om 1994 No. 87 s 3 sch 3 pres s 35 ins 2010 No. 5 s 211 Notice about change in criminal history not given at the commencement s 36 prev s 36 om 1994 No. 87 s 3 sch 3 pres s 36 ins 2010 No. 5 s 211 Request for police information not complied with at the commencement s 37 prev s 37 om 1994 No. 87 s 3 sch 3 pres s 37 ins 2010 No. 5 s 211 Particular police information obtained before commencement s 38 prev s 38 om 1994 No. 87 s 3 sch 3 pres s 38 ins 2010 No. 5 s 211 amd 2010 No. 33 s 124 Page 26 Current as at 1 November 2013

Family Services Act 1987 Endnotes Notice not given by prosecuting authority at the commencement s 39 prev s 39 amd 1991 No. 79 s 85 sch 1 om 1994 No. 87 s 3 sch 3 pres s 39 ins 2010 No. 5 s 211 Use of particular information obtained before commencement s 40 prev s 40 amd 1991 No. 79 s 85 sch 1 om 1994 No. 87 s 3 sch 3 pres s 40 ins 2010 No. 5 s 211 Suspension etc., of certificates of approval s 41 amd 1991 No. 79 s 85 sch 1 om 1994 No. 87 s 3 sch 3 Registration of persons having care of certain of children s 42 om 1994 No. 87 s 3 sch 3 Offence to have certain children in care if not registered s 43 om 1994 No. 87 s 3 sch 3 Licensees may appoint individuals to carry out duties s 44 om 1994 No. 87 s 3 sch 3 Disclosure of criminal histories s 45 om 1994 No. 87 s 3 sch 3 Division 3—Supervision div hdg om 1994 No. 87 s 3 sch 3 Permanent head to supervise standard of programs and premises s 46 om 1994 No. 87 s 3 sch 3 Power to enter premises s 47 om 1994 No. 87 s 3 sch 3 Supervision by licensees s 48 amd 1991 No. 79 s 85 sch 1 om 1994 No. 87 s 3 sch 3 Division 4—General div hdg om 1994 No. 87 s 3 sch 3 Production of licences and certificates s 49 om 1994 No. 87 s 3 sch 3 Licensees to produce records and furnish information s 50 om 1994 No. 87 s 3 sch 3 Permanent head to authorize receipt into care of certain children s 51 om 1994 No. 87 s 3 sch 3 Deaths and serious injuries to be notified s 52 om 1994 No. 87 s 3 sch 3 Current as at 1 November 2013 Page 27

Family Services Act 1987 Endnotes Offence not to have licence or certificate of approval s 53 amd 1991 No. 79 s 85 sch 1 om 1994 No. 87 s 3 sch 3 Offence to conduct programme or provide care while licence or certificate suspended s 54 amd 1991 No. 79 s 85 sch 1 om 1994 No. 87 s 3 sch 3 Members of Legislative Assembly may be foster parents s 55 om 1994 No. 87 s 3 sch 3 Service of documents s 56 om 1999 No. 10 s 205 sch 3 Right to appear s 57 om 1999 No. 10 s 205 sch 3 General penalty s 58 amd R1 (see RA s 39) om 1999 No. 10 s 205 sch 3 Saving of registration of certain persons s 64 om 1994 No. 87 s 3 sch 3 Saving of approval of persons as foster parents s 65 om 1994 No. 87 s 3 sch 3 Saving of family day care licences, etc. s 66 om 1991 No. 79 s 85 sch 1 Saving of day care centre licences s 67 om 1991 No. 79 s 85 sch 1 Numbering and renumbering of Act s 69 orig s 69 om 1994 No. 87 s 3 sch 3 prev s 69 ins 1999 No. 10 s 205 sch 3 om R2 (see RA s 37) SCHEDULE—OTHER SERIOUS OFFENCE PROVISIONS OF THE CRIMINAL CODE orig sch amd 1988 No. 47 s 3 sch 1; 1991 No. 79 s 85 sch 1 om 1994 No. 87 s 3 sch 3 prev sch ins 1999 No. 52 s 6A amd 2008 No. 55 s 150 sch om 2010 No. 5 s 212 7 Forms notified or published in the gazette Lists of forms are no longer included in reprints. Now see the separate forms document published on the website of the Office of the Queensland Parliamentary Counsel at <www.legislation.qld.gov.au> under Information—Current annotations. This document is updated weekly and the most recent changes are marked with a change bar. Page 28 Current as at 1 November 2013

Family Services Act 1987 Endnotes 8 Table of renumbered provisions under the Reprints Act 1992 s 43 as required by the Family Services Act 1987, s 69 [Reprint No. 2] Previous Renumbered as 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 8(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(2) 8(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(3) 8(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(4) 8(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(5) 8(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(6) 8(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(7) 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 10(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(2) 10(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(3) 10(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(4) 10(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(5) 10(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(6) 10(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(7) 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 5 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 Current as at 1 November 2013 Page 29

Family Services Act 1987 Endnotes Previous Renumbered as 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 6 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 30 Current as at 1 November 2013