Children's Commissioner and Children's Services Appeals Tribunals Act 1996

Queensland CHILDREN’S COMMISSIONER AND CHILDREN’S SERVICES APPEALS TRIBUNALS ACT 1996 Reprinted as in force on 24 March 2000 (includes amendments up to Act No. 19 of 1999) Reprint No. 1B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 24 March 2000. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland CHILDREN’S COMMISSIONER AND CHILDREN’S SERVICES APPEALS TRIBUNALS ACT 1996 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Crown bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—CHILDREN’S COMMISSIONER AND CHILDREN’S COMMISSION Division 1—Preliminary 5 Children’s Commissioner and Children’s Commission . . . . . . . . . . . . . . . . . 6 6 Control of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Independence of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7A Application of Financial Administration and Audit Act 1977 . . . . . . . . . . . 7 Division 2—Commissioner’s functions 8 Commissioner’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Expert help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 3—Children’s commissioner and staff of commission 10 Appointment of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 16 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 Acting commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 18 Staff of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 3—COMPLAINTS AND INVESTIGATIONS 19 Making of complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20 Assessment of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 21 Commissioner may require further information . . . . . . . . . . . . . . . . . . . . . . . 12 22 Time for completion of assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 23 Commissioner’s obligation after assessment . . . . . . . . . . . . . . . . . . . . . . . . . 13 24 Investigation of complaint about the delivery of children’s services . . . . . 14 25 Report on completion of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 26 Report may be tabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 27 Complainant to be notified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 28 Relationship with ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 4—OFFICIAL VISITORS Division 1—Appointment of official visitors 29 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 30 Limitation of official visitor’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 31 Official visitor’s appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 32 Official visitor’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 33 Production or display of official visitor’s identity card . . . . . . . . . . . . . . . . . 17 34 Training of official visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 2—Functions and powers of official visitors 35 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 36 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 5—CHILDREN’S SERVICES APPEALS TRIBUNAL Division 1—Tribunal panel and members 37 Appointment of tribunal panel members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 38 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 39 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 40 Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

3 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 Division 2—Jurisdiction, establishment and composition of tribunals 41 Tribunal’s jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 42 Commissioner to establish tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 43 Composition of tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 44 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 3—Appeals to tribunal 45 Commencing appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 46 Parties to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 47 Representative appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 48 Appeals to decide matter afresh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 49 Powers of tribunal on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 50 Operation and implementation of decisions pending appeal . . . . . . . . . . . . 23 Division 4—Proceedings before a tribunal 51 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 52 Preliminary conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 53 Venues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 54 Hearing to be held in private . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 55 Publication of names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 56 Right of appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 57 Questions to be decided by majority of tribunal . . . . . . . . . . . . . . . . . . . . . . 26 58 Procedural powers of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 59 Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 60 Offences—hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 61 Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 62 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 63 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 64 Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 5—Appeals to the District Court 65 Effect of tribunal’s decision and rights of appeal . . . . . . . . . . . . . . . . . . . . . 29 66 Powers of District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 67 Operation and implementation of decisions pending appeal . . . . . . . . . . . . 29

4 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 Division 6—Miscellaneous 68 Protection of members, legal representatives and witnesses . . . . . . . . . . . . 30 69 Allowance to witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 70 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 71 Tribunals to keep records of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 72 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 73 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 74 Rule-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 75 Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 PART 6—MISCELLANEOUS 76 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 77 Protection from civil liability for certain officials . . . . . . . . . . . . . . . . . . . . 32 78 Impersonation of commissioner or official visitor . . . . . . . . . . . . . . . . . . . . . 33 79 Delegation by commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 80 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 81 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 82 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 83 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 PART 7—TRANSITIONAL PROVISIONS 85 Continuation of tribunal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 35 DICTIONARY ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 37 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

s1 5 s3 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 CHILDREN’S COMMISSIONER AND CHILDREN’S SERVICES APPEALS TRIBUNALS ACT 1996 [as amended by all amendments that commenced on or before 24 March 2000] An Act to provide for the appointment of a Children’s Commissioner and the establishment of the Children’s Commission and children’s services appeals tribunals, and for other purposes † PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 . ˙ Commencement 2. This Act commences on a day to be fixed by proclamation. ˙ Dictionary 3.(1) The dictionary in schedule 2 defines particular words used in this Act. (2) Definitions found elsewhere in the Act are signposted in the dictionary.

s4 6 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 ˙ Crown bound 4. This Act binds the Crown. s7 † PART 2—CHILDREN’S COMMISSIONER AND CHILDREN’S COMMISSION † Division 1—Preliminary ˙ Children’s Commissioner and Children’s Commission 5.(1) There is to be a Children’s Commissioner. (2) An office called the Children’s Commission is established. (3) The commission consists of the commissioner and the staff of the commission. ˙ Control of commission 6.(1) The commissioner controls the commission. (2) However, subsection (1) does not prevent the attachment of the commission to a department for ensuring the commission is given administrative support services for carrying out the commissioner’s functions effectively and efficiently. ˙ Independence of commissioner 7. Subject to sections 8(l) and 75, 1 the commissioner is not subject to the control or direction of a Minister or a department in carrying out the commissioner’s functions. 1 Sections 8(l) (Commissioner’s functions) and 75 (Reports)

s 7A 7 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 s8 ˙ Application of Financial Administration and Audit Act 1977 7A. The commission is a statutory body under the Financial Administration and Audit Act 1977 . † Division 2—Commissioner’s functions ˙ Commissioner’s functions 8. The commissioner’s functions are— (a) monitoring and reviewing, in collaboration with entities that deliver children’s services, the provision of the services and suggesting ways of improving the services’ quality, adequacy and effectiveness; and (b) promoting practices and procedures that uphold the principle that parents or legal guardians of children have the primary responsibility for the upbringing and development of their children; and (c) advising the Minister about developing and reviewing standards for child care and care services; and (d) receiving, and as appropriate, assessing and investigating complaints about the delivery of children’s services and alleged offences involving children; and (e) monitoring, in cooperation with other entities, the procedures developed and implemented by the entities for handling complaints about the delivery of children’s services and alleged offences involving children; and (f) cooperating with the Queensland Police Service and the Australian Bureau of Criminal Intelligence in the investigation of allegations about offences involving children, including, for example, sexual abuse of children, child pornography and child sex tourism; and (g) cooperating with the Queensland Police Service, the Australian Bureau of Criminal Intelligence and other relevant entities in their endeavours to eradicate sexual abuse of children, child

s9 8 s9 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 pornography and child sex tourism; and (h) implementing and maintaining a program of official visitors to residential facilities; and (i) conferring and cooperating with other relevant entities including, for example, the Queensland Police Service, the Criminal Justice Commission and the ombudsman about a matter relating to any of the commissioner’s other functions; and (j) liaising with the ombudsman about the exercise by the commissioner and the ombudsman of their respective functions in relation to complaints about the delivery of children’s services; and (k) establishing tribunals to hear appeals of reviewable decisions; and (l) at the Minister’s request, inquiring into any matter relating to children’s services; and (m) conducting research and inquiring into matters relating to any of the commissioner’s other functions; and (n) doing anything else— (i) incidental, complementary or helpful to the commissioner’s other functions; or (ii) likely to enhance the effective and efficient performance of the commissioner’s other functions. ˙ Expert help 9. In performing the commissioner’s functions, the commissioner may obtain help from anyone (an “expert adviser” ) who, in the commissioner’s opinion, is appropriately qualified or experienced to give expert advice.

s 10 9 s 12 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 † Division 3—Children’s commissioner and staff of commission ˙ Appointment of commissioner 10.(1) The commissioner is to be appointed by the Governor in Council. (2) A person is qualified for appointment as the commissioner if the person— (a) has knowledge of, and experience in, child protection, community services, child welfare, education, law, medicine, psychology or social work; or (b) has other qualifications and experience the Minister considers appropriate. (3) However, a person is not qualified for appointment as the commissioner if the person has been convicted of an indictable offence. 2 (4) The Criminal Law (Rehabilitation of Offenders) Act 1986 , sections 6, 8 and 9, do not apply in relation to the appointment of the commissioner. (5) The commissioner is to be appointed under this Act, and not under the Public Service Act 1996 . ˙ Duration of appointment 11. The commissioner holds office for the term, not longer than 5 years, stated in the instrument of appointment. ˙ Terms of appointment 12.(1) The commissioner is to be paid the remuneration and allowances decided by the Governor in Council. 2 Under the Acts Interpretation Act 1954 , section 36, “indictable offence” is defined as follows— ‘ “indictable offence” includes an act or omission committed outside Queensland that would be an indictable offence if it were committed in Queensland.’.

s 13 10 s 16 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 (2) The commissioner holds office on the terms not provided for in this Act decided by the Governor in Council. ˙ Preservation of rights 13.(1) This section applies if a public service officer is appointed as the commissioner. (2) The person retains and is entitled to all rights that have accrued to the person because of the person’s employment as a public service officer, or that would accrue in future to the person because of that employment, as if service as the commissioner were a continuation of service as a public service officer. (3) At the end of the person’s term of office or on resignation— (a) the person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as commissioner; and (b) the person’s service as commissioner is to be regarded as service of a like nature in the public service for deciding the person’s rights as a public service officer. ˙ Leave of absence 14. The Minister may grant leave of absence to the commissioner on the terms the Minister considers appropriate. ˙ Resignation 15. The commissioner may resign by signed notice given to the Minister. ˙ Termination of appointment 16.(1) The Governor in Council may terminate the appointment of the commissioner if the commissioner— (a) becomes incapable of satisfactorily performing the

s 17 11 s 18 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 commissioner’s duties; or (b) is guilty of misconduct that could warrant dismissal from the public service if the commissioner were an officer of the public service; or (c) is absent without the Minister’s leave and without reasonable excuse, for 14 consecutive days or 28 days in a year. (2) The Governor in Council must terminate the commissioner’s appointment if the commissioner— (a) is convicted of an indictable offence; or (b) engages in paid employment outside the duties of office without the Minister’s approval. ˙ Acting commissioner 17. The Governor in Council may appoint a person, who is qualified for appointment as the commissioner, to act as commissioner— (a) during a vacancy in the office; or (b) during any period, or all periods, when the commissioner is absent from duty or from the State or, for another reason, cannot perform the duties of the office. ˙ Staff of commission 18.(1) The staff of the commission are to be employed under the Public Service Act 1996 . (2) The commission may arrange with the chief executive of a department, or with an authority of the State, for the services of officers or employees of the department or authority to be made available to it.

s 19 12 s 21 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 † PART 3—COMPLAINTS AND INVESTIGATIONS ˙ Making of complaints 19. A person (the “complainant” ) may make a complaint to the commissioner about— (a) an alleged offence involving a child; or (b) the delivery of children’s services. ˙ Assessment of complaint 20.(1) On receipt of a complaint about a matter, the commissioner must— (a) if the complaint is about an alleged offence involving a child—immediately refer the complaint to the commissioner of the police service and, if the commissioner believes the complaint raises issues that are appropriate for investigation by another entity, refer the complaint to the other entity; or (b) if the complaint is about the delivery of children’s services—assess the complaint to decide whether the complaint warrants further investigation by the commissioner or another entity. (2) After referring a complaint to the commissioner of the police service or another entity, the commissioner must, if asked by the commissioner of police or other entity, assess the complaint to decide whether the complaint warrants further investigation. ˙ Commissioner may require further information 21. The commissioner may, by written notice to the complainant, require further particulars of the complaint within the reasonable time stated in the notice.

s 22 13 s 23 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 ˙ Time for completion of assessment 22.(1) The commissioner must complete the assessment of the complaint— (a) if the commissioner is assessing the complaint at the request of the commissioner of police or another entity—within 28 days after receiving the request; or (b) if the complaint is about the delivery of children’s services—within 28 days after the complaint is received. (2) However, if the commissioner has asked the complainant to give further particulars of the complaint, the commissioner must assess the complaint within 28 days after the day the particulars are required to be provided. ˙ Commissioner’s obligation after assessment 23.(1) After the commissioner has completed the assessment of a complaint, the commissioner must— (a) if the complaint is about an alleged offence involving a child—give details of the commissioner’s assessment to the commissioner of the police service or other entity that requested the assessment; or (b) if the complaint is about the delivery of children’s services— (i) decide to investigate the complaint further or, if the commissioner believes the complaint raises issues that are appropriate for investigation by another entity, refer the complaint to the other entity; or (ii) decide the matter does not warrant further investigation. (2) However, the commissioner may make a decision that a complaint does not warrant further investigation only if— (a) the commissioner reasonably believes the complaint is frivolous, vexatious or is not made in good faith; or (b) the subject matter of the complaint, or part of the complaint, is under investigation by another entity or has been or is the subject

s 24 14 s 25 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 of a legal proceeding; or (c) the complaint can be dealt with in another way that is satisfactory to the complainant; or (d) the complainant has failed, without reasonable excuse, to provide further particulars of the complaint within the time stated in a notice given by the commissioner. ˙ Investigation of complaint about the delivery of children’s services 24.(1) This section applies if the commissioner has completed an assessment of a complaint about the delivery of children’s services and decides to investigate the complaint further. (2) The commissioner must, as soon as practicable, conduct an investigation to obtain further information about the complaint and decide what further action should be taken about the complaint. (3) In conducting the investigation, the commissioner may, by written notice— (a) inform the entity that provides the service (the “service provider” ) of the nature of the complaint and that an investigation is being carried out; and (b) invite the service provider to make a written submission about the complaint within the reasonable time stated in the notice. (4) The service provider must cooperate with the commissioner in conducting the investigation. ˙ Report on completion of investigation 25.(1) After completing the investigation, the commissioner must prepare a report about it. (2) The report may recommend that the service provider or another entity take stated action. (3) The commissioner must give a copy of the report to the Minister and the service provider or other entity.

s 26 15 s 28 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 ˙ Report may be tabled 26.(1) If the commissioner is satisfied no action is taken by the service provider or entity within a reasonable time, the commissioner may recommend to the Minister that a further report prepared by the commissioner about the matter be tabled in the Legislative Assembly. (2) A copy of any submission made by the service provider or other entity in relation to the report under section 25 must be tabled with the further report prepared by the commissioner. ˙ Complainant to be notified 27. As soon as practicable after referring a complaint to the commissioner of the police service or another entity or completing an assessment or investigation of the complaint, the commissioner must give written notice to the complainant of the action taken or recommended by the commissioner. ˙ Relationship with ombudsman 28. This part does not prevent the ombudsman performing the ombudsman’s principal function under the Parliamentary Commissioner Act 1974 . 3 3 Under the Parliamentary Commissioner Act 1974 , section 13(1), the ombudsman’s principal function is investigating administrative action taken by, in or on behalf of an agency.

s 29 16 s 32 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 † PART 4—OFFICIAL VISITORS † Division 1—Appointment of official visitors ˙ Appointment 29. The commissioner may appoint a general employee under the Public Service Act 1996 as an official visitor if the commissioner considers the employee has the necessary expertise, experience or training to be an official visitor. ˙ Limitation of official visitor’s powers 30.(1) An official visitor is subject to the commissioner’s directions in exercising the official visitor’s powers. (2) The powers of an official visitor may be limited— (a) under a regulation; or (b) under a condition of appointment; or (c) by written notice given by the commissioner to the official visitor. ˙ Official visitor’s appointment conditions 31.(1) An official visitor holds office on the conditions stated in the instrument of appointment. (2) An official visitor ceases to hold office at the end of the term stated in the instrument of appointment. (3) An official visitor may resign by signed notice of resignation given to the commissioner. ˙ Official visitor’s identity card 32.(1) The commissioner must give each official visitor an identity card. (2) The identity card must—

s 33 17 s 34 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 (a) contain a recent photograph of the official visitor; and (b) be signed by the official visitor; and (c) identify the person as an official visitor for this Act. (3) A person who ceases to be an official visitor must return the person’s identity card to the commissioner as soon as possible (but within 21 days) after the person ceases to be an official visitor, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (4) This section does not prevent the giving of a single identity card to a person for this and other Acts or for other purposes. ˙ Production or display of official visitor’s identity card 33.(1) An official visitor may exercise a power in relation to another person only if— (a) the official visitor first produces his or her identity card for the person’s inspection; or (b) the official visitor has the official visitor’s identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the official visitor must produce the identity card for inspection by the person at the first reasonable opportunity. ˙ Training of official visitors 34. It is the commissioner’s duty to ensure official visitors are adequately and appropriately trained to carry out their functions effectively and efficiently.

s 35 18 s 36 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 † Division 2—Functions and powers of official visitors ˙ Functions 35. An official visitor’s functions are— (a) inspecting residential facilities to find out whether the facilities provide an appropriate standard of care for residents; and (b) suggesting to the commissioner ways of improving the effectiveness and quality of care provided in residential facilities. ˙ Powers 36.(1) An official visitor may— (a) at any reasonable time, enter and inspect a residential facility; and (b) confer alone with a resident or member of the staff of the facility; and (c) inspect any of the facility’s documents relating to its operation; and (d) provide the commissioner with advice and reports on any matter relating to the conduct of the facility. (2) In exercising a power, an official visitor must act in a way that preserves, as far as practicable, the privacy of residents of the facility.

s 37 19 s 37 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 † PART 5—CHILDREN’S SERVICES APPEALS TRIBUNAL † Division 1—Tribunal panel and members ˙ Appointment of tribunal panel members 37.(1) The Minister may appoint qualified individuals as members of a panel of children’s services appeals tribunal members (the “tribunal panel” ). (2) The tribunal panel is to consist of the number of tribunal panel members the Minister considers necessary. (3) A person is qualified for appointment as a tribunal panel member if the person— (a) has knowledge of, and experience in, child protection, community services, child welfare, education, law, medicine, psychology or social work; or (b) has other qualifications and experience the Minister considers appropriate. (4) However, the following persons are not qualified for appointment as tribunal panel members— (a) an officer or employee of the department; (b) a person convicted of an indictable offence; (c) a person refused a certificate of approval as a care provider or licensee under the Child Care Act 1991 . (5) The Criminal Law (Rehabilitation of Offenders) Act 1986 , sections 6, 8 and 9, do not apply in relation to the appointment of a tribunal panel member.

s 38 20 s 42 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 ˙ Duration of appointment 38.(1) A tribunal panel member may be appointed for a term not longer than 3 years. (2) A tribunal panel member may resign by signed notice of resignation given to the Minister. ˙ Conditions of appointment 39.(1) A tribunal panel member is to be paid the remuneration and allowances decided by the Governor in Council. (2) A tribunal panel member holds office on the conditions not provided in this Act as are decided by the Governor in Council. ˙ Removal from office 40. The Minister may, by written notice given to a tribunal panel member, remove the member from office if the member— (a) is incapable of properly discharging the functions of a tribunal member; or (b) is unfit to hold the office. † Division 2—Jurisdiction, establishment and composition of tribunals ˙ Tribunal’s jurisdiction 41. A tribunal has jurisdiction to hear an appeal against a reviewable decision. ˙ Commissioner to establish tribunal 42.(1) The commissioner is to establish a children’s services appeals tribunal to hear an appeal against a reviewable decision. (2) The commissioner must, within 3 days of its establishment, give notice of the tribunal panel members constituting a tribunal to—

s 43 21 s 45 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 (a) the parties to the appeal; and (b) the members. ˙ Composition of tribunals 43.(1) A tribunal is to consist of— (a) the commissioner and 2 tribunal panel members chosen by the commissioner; or (b) 3 tribunal panel members chosen by the commissioner. (2) The commissioner must not be a member of a tribunal to hear an appeal against a reviewable decision if the commissioner has, under part 3, assessed or investigated a complaint by the appellant in relation to the decision. ˙ Chairperson 44. The chairperson of a tribunal is— (a) the commissioner; or (b) if the commissioner is not a member of the tribunal—the tribunal panel member nominated by the commissioner. † Division 3—Appeals to tribunal ˙ Commencing appeals 45.(1) An appeal must be made within 28 days after receipt of written notice of the reviewable decision or within the further period the commissioner allows. (2) An appeal must be— (a) made to the commissioner in the approved form; and (b) accompanied by the fee prescribed under a regulation.

s 46 22 s 47 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 ˙ Parties to appeal 46.(1) The parties to an appeal are— (a) the appellant; and (b) the person who made the reviewable decision; and (c) another person granted leave to become a party. (2) A tribunal may, on application, grant a person leave to become a party to an appeal if the person has a genuine concern in the subject matter of the appeal. (3) A person found by a tribunal to be unjustifiably interfering in a matter is not entitled to become a party in relation to the matter. (4) If directed by a tribunal before or during the hearing of an appeal, the appellant must give notice of the appeal to a stated person. (5) A tribunal may, before or during the hearing of an appeal, join a person as a party to the appeal and require the appellant to give the person notice of the joinder. (6) If 2 or more appeals are considered by a tribunal to arise from the same circumstance, it may deal with all of the appeals at the same hearing. ˙ Representative appeals 47.(1) A tribunal may, on application, give leave for an appeal to be dealt with as a representative appeal if it is satisfied— (a) 2 or more persons are entitled to make an appeal arising from the same, similar or related circumstances as those to which the application relates but their joinder as appellants is impracticable; and (b) the applicant is 1 of the persons entitled to appeal and the others consent to a representative appeal; and (c) the application is made in good faith; and (d) the applicant is capable of adequately representing the interests of all persons entitled to appeal; and (e) a representative appeal would be to the advantage of the persons

s 48 23 s 50 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 entitled to appeal; and (f) a representative appeal would be an efficient and effective way to deal with the claims of the persons entitled to appeal. (2) A tribunal may make orders about the making, notification, conduct and deciding of a representative appeal. (3) The decision of a tribunal on a representative appeal is binding on all persons entitled to appeal. ˙ Appeals to decide matter afresh 48. A proceeding on an appeal is to be by way of deciding the matter afresh, unaffected by the reviewable decision. ˙ Powers of tribunal on appeal 49. On the hearing of an appeal, a tribunal may— (a) affirm, vary or set aside the reviewable decision; or (b) set aside the reviewable decision and substitute its own decision; or (c) set aside the reviewable decision and return the issue to the decision maker for reconsideration in accordance with matters stated by the tribunal. ˙ Operation and implementation of decisions pending appeal 50.(1) The tribunal may grant a stay of a decision appealed against to secure the effectiveness of the appeal. (2) A stay may be granted on conditions the tribunal considers appropriate and has effect for the period stated by the tribunal. (3) The period of a stay must not extend past the time when the tribunal decides the appeal. (4) An appeal against a reviewable decision does not affect the operation of the decision or carrying out of the decision unless the decision is stayed.

s 51 24 s 52 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 † Division 4—Proceedings before a tribunal ˙ Procedure 51.(1) When conducting a hearing of an appeal, the tribunal must— (a) observe natural justice; and (b) act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it. (2) In conducting the hearing, the tribunal— (a) is not bound by the rules of evidence; and (b) may inform itself of any thing in the way it considers appropriate; and (c) may decide the procedures to be followed for the hearing. (3) However, the tribunal must comply with this division and any procedural rules. (4) The tribunal must take the measures that are reasonably practicable— (a) to ensure the parties to the hearing understand the nature of the assertions made and their legal implications; and (b) if asked to do so—to explain to the parties any aspect of the tribunal procedures, or any tribunal decision or ruling, relating to the proceeding; and (c) to ensure the parties have the fullest opportunity practicable to be heard. ˙ Preliminary conferences 52.(1) Before starting to hear an appeal, a tribunal may convene a preliminary conference between the parties to the proceeding. (2) The conference must be presided over by a tribunal member. (3) The tribunal member may make a decision about the proceeding only if—

s 53 25 s 55 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 (a) the parties agree to the decision; and (b) the tribunal member is satisfied the decision is in the best interests of the person whose interests are considered by the member to be paramount. (4) The tribunal member’s decision has effect as if it were a tribunal’s decision. ˙ Venues 53. A tribunal is to sit at the times and places the chairperson decides. ˙ Hearing to be held in private 54. The proceeding before a tribunal is not open to the public unless the chairperson decides, in the special circumstances of the particular proceeding, it is in the public interest for the proceeding to be open to the public. ˙ Publication of names etc. 55.(1) A person must not publish, in a public way, information that identifies, or is likely to identify, a person— (a) who appears as a witness before the tribunal in the proceeding; or (b) to whom the proceeding relates; or (c) who is mentioned or otherwise involved in the proceeding. Maximum penalty—100 penalty units or 1 year’s imprisonment. (2) However, a person does not commit an offence against subsection (1) if— (a) the tribunal consents to the publication of the information; or (b) the person includes the name in a report given to the Minister under section 75. 4 4 Section 75 (Reports)

s 56 26 s 59 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 ˙ Right of appearance 56. The parties to the proceeding may appear at the hearing in person or, by leave of the tribunal, be represented by a lawyer or agent. ˙ Questions to be decided by majority of tribunal 57. A question before the tribunal must be decided by a majority of the tribunal members. ˙ Procedural powers of tribunal 58.(1) The tribunal may, by written notice (an “attendance notice” ), require a person to attend the hearing at a stated time and place— (a) to give evidence; or (b) to produce a stated document or thing. (2) At the hearing, the tribunal may proceed in the absence of a party. (3) The tribunal may adjourn the hearing from time to time. ˙ Inspection of documents 59.(1) If a document or thing is produced to the tribunal at the hearing, the tribunal may— (a) inspect the document or thing; and (b) make copies of, photograph, or take extracts from, the document or thing if it is relevant to the hearing. (2) The tribunal may also take possession of the document or thing, and keep it while it is necessary for the hearing. (3) While it keeps a document or thing, the tribunal must permit a person otherwise entitled to possession of the document or thing to inspect, make copies of, photograph, or take extracts from, the document or thing, at the reasonable time and place the tribunal decides.

s 60 27 s 62 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 ˙ Offences—hearings 60.(1) A person served with an attendance notice must not— (a) fail, without reasonable excuse, to attend as required by the notice; or (b) fail, without reasonable excuse, to continue to attend as required by the chairperson until excused from further attendance. Maximum penalty—10 penalty units. (2) A person appearing as a witness at the hearing must not— (a) fail to take an oath or make an affirmation when required by the chairperson; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by a tribunal member; or (c) fail, without reasonable excuse, to produce a document or thing the person is required to produce by an attendance notice. Maximum penalty—10 penalty units. ˙ Self-incrimination 61. It is a reasonable excuse for a person to fail to answer a question or to produce a document if answering the question or producing the document might tend to incriminate the person. ˙ False or misleading information 62.(1) A person must not state anything to the tribunal that the person knows is false or misleading in a material particular. Maximum penalty—10 penalty units. (2) It is enough for a complaint for an offence against subsection (1) to state the statement made was false or misleading to the person’s knowledge.

s 63 28 s 64 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 ˙ False or misleading documents 63.(1) A person must not give to the tribunal a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—10 penalty units. (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the tribunal, to the best of the person’s ability, how it is false, misleading or incomplete; and (b) gives the correct information to the tribunal if the person has, or can reasonably obtain, the correct information. (3) A complaint against a person for an offence against subsection (1) is sufficient if it states the document was false, misleading or incomplete to the person’s knowledge. ˙ Contempt of tribunal 64. A person must not— (a) insult the tribunal or a tribunal member; or (b) deliberately interrupt the tribunal’s hearing; or (c) create or continue or join in creating or continuing, a disturbance in or near a place where the tribunal is conducting the hearing; or (d) do anything that would be contempt of court if the tribunal were a judge acting judicially. Maximum penalty—10 penalty units.

s 65 29 s 67 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 † Division 5—Appeals to the District Court ˙ Effect of tribunal’s decision and rights of appeal 65.(1) A tribunal’s decision is final and binding on the parties. (2) However, a party may appeal against a tribunal’s decision on a question of law by filing an appeal in a registry of the District Court within 28 days after the party is given notice of the decision. (3) The District Court may at any time extend the period for filing an appeal. ˙ Powers of District Court 66. On the hearing of an appeal, the District Court may— (a) affirm, vary or set aside the tribunal’s decision; or (b) substitute, or make, in addition, a decision that should have been made in the first instance; or (c) remit the matter to a tribunal for rehearing; or (d) make any order about costs or any other matter the court considers appropriate. ˙ Operation and implementation of decisions pending appeal 67.(1) The District Court may make an order granting a stay of a decision appealed against to secure the effectiveness of the appeal. (2) An order may be made on conditions the court considers appropriate and has effect for the period stated by the court. (3) The period of a stay under an order must not extend past the time when the court decides the appeal. (4) An appeal against a decision does not affect the operation of the decision or carrying out of the decision unless the decision is stayed.

s 68 30 s 71 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 † Division 6—Miscellaneous ˙ Protection of members, legal representatives and witnesses 68.(1) Tribunal members have, in the performance of their duties for the tribunal, the same protection and immunity as a judge of the Supreme Court. (2) A lawyer or other person appearing before a tribunal for someone else has the same protection and immunity as a barrister appearing for a party in a proceeding in the Supreme Court. (3) A person required to attend, or appearing before a tribunal as a witness, has the same protection as a witness in a proceeding in the Supreme Court. ˙ Allowance to witnesses 69. A witness who appears at a tribunal hearing is entitled to be paid the allowance prescribed under a tribunal rule for attendance at the hearing or, if no allowance is prescribed, the reasonable allowance decided by the chairperson. ˙ Costs 70.(1) Each party to a hearing must bear the party’s own costs of the hearing. (2) However, a tribunal may make an order about the payment of a party’s costs if in particular circumstances it is satisfied it is appropriate to do so. ˙ Tribunals to keep records of proceedings 71.(1) A tribunal must keep a record of its proceeding. (2) The record may be kept in the way the tribunal considers appropriate.

s 72 31 s 76 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 ˙ Authentication of documents 72. A document requiring authentication by a tribunal is sufficiently authenticated if it is signed by a tribunal member. ˙ Judicial notice of certain signatures 73. Judicial notice must be taken of the signature of a tribunal member if it appears on a document issued by the tribunal. ˙ Rule-making power 74.(1) The commissioner may make rules, not inconsistent with this Act, about the practice and procedure of tribunals. (2) A rule has no effect unless approved by the Governor in Council. ˙ Reports 75.(1) At the request of the Minister, the commissioner must give to the Minister a report on the operations of tribunals for the period stated in the request. (2) The report must deal with the matters the Minister states in the request. † PART 6—MISCELLANEOUS ˙ Confidentiality 76.(1) This section applies to a person who— (a) is or has been— (i) the commissioner; or (ii) a member of the staff of the commission; or (iii) an expert adviser; or

s 77 32 s 77 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 (iv) an official visitor; or (v) a tribunal member; and (b) in that capacity acquired information about another person’s affairs or has access to, or custody of, a document about another person’s affairs. (2) A person to whom this section applies must not disclose the information, or give access to the document, to anyone else. Maximum penalty—100 penalty units or 1 year’s imprisonment. (3) However, a person may disclose the information or give access to the document to someone else— (a) to the extent necessary to perform the person’s functions under or in relation to this Act; or (b) if the disclosure or giving of access is otherwise required or permitted by law; or (c) if the person to whom the information or document relates agrees to the disclosure or giving of access and the person is an adult when the agreement is given. ˙ Protection from civil liability for certain officials 77.(1) This section applies to a person who is or has been— (a) the commissioner (other than in the commissioner’s capacity as a tribunal member); or (b) a member of the staff of the commission; or (c) an official visitor; or (d) an expert adviser. (2) The person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (3) If subsection (2) prevents a civil liability attaching to the person, the liability attaches instead to the State.

s 78 33 s 82 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 ˙ Impersonation of commissioner or official visitor 78. A person must not pretend to be the commissioner or an official visitor. Maximum penalty—50 penalty units. ˙ Delegation by commissioner 79. The commissioner may delegate the commissioner’s powers under this Act to an appropriately qualified officer of the commission. ˙ Approval of forms 80. The commissioner may approve forms for use under this Act. ˙ Annual report 81.(1) Within 4 months after the end of each financial year, the commissioner must give to the Minister a report on the administration of this Act during the year. (2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the Minister receives it. ˙ Review of Act 82.(1) The Minister must review this Act within 5 years after its commencement. (2) To help the Minister review this Act, the commissioner must prepare a report about the operation of the commission and tribunals. (3) In reviewing this Act, the Minister must have regard to the commissioner’s report.

s 83 34 s 85 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 ˙ Regulation-making power 83. The Governor in Council may make regulations under this Act. † PART 7—TRANSITIONAL PROVISIONS ˙ Continuation of tribunal proceedings 85.(1) This section applies if, before the commencement of this section, a person— (a) appealed to a tribunal under the Adoption of Children Act 1964 against an assessment under that Act; or (b) applied to a tribunal under the Child Care Act 1991 for a review of a decision of the chief executive under that Act. (2) If the tribunal had not started to hear the matter, the matter is to be heard by a tribunal established under this Act. (3) If the tribunal had started to hear the matter but had not finished the hearing, the tribunal is to finish the hearing as if this Act had not been enacted.

35 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 S ¡ CHEDULE † DICTIONARY section 3 “appropriately qualified” , for an officer of the commission to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power. Example of ‘standing’— An officer’s classification level in the public service. “approved form” see section 80. “attendance notice” see section 58. “child” means an individual under 18. “child sex tourism” means tourism organised to facilitate, whether directly or indirectly, a sexual relationship with a child. “children’s services” means a service provided under or in relation to children’s services legislation. “children’s services legislation” means— (a) the Adoption of Children Act 1964 ; or (b) the Child Care Act 1991 ; or (c) the Child Protection Act 1999 ; or (d) the Family Services Act 1987 . “commission” means the Children’s Commission established under this Act. “commissioner” means the Children’s Commissioner appointed under this Act. “complainant” see section 19. “expert adviser” see section 9.

36 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 SCHEDULE (continued) “offence involving a child” does not include an offence involving a child if the child is the alleged offender. “official visitor” means person appointed as an official visitor under this Act. “ombudsman” means the Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1974 . “residential facility” means a place where residential accommodation is provided by the State, or an entity funded by the State, for children who are in the care of the chief executive or entity. “reviewable decision” means— (a) a decision or assessment mentioned in the Adoption of Children Act 1964 , section 14D(1); or (b) a decision mentioned in the Child Care Act 1991 , section 41(1); or (c) an appealable decision under the Child Protection Act 1999 . “service provider” see section 24. “tribunal” means a children’s services appeals tribunal established under this Act. “tribunal member” means a member of a tribunal, and includes the commissioner. “tribunal panel” means the panel of children’s services appeals tribunal members mentioned in section 37. 5 “tribunal panel member” means a member of the tribunal panel. “tribunal rule” means a rule made under section 74. 6 5 Section 37 (Appointment of tribunal panel members) 6 Section 74 (Rule-making power)

37 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 ´ 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 24 March 2000. Future amendments of the Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

38 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev = = = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted original page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR = = = = = = = = = = = = = = = SL = sub = unnum = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 Statutory Instruments Regulation 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 none 6 February 1997 1A to Act No. 19 of 1999 12 May 1999 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Corrected minor errors Reprint No. 1

39 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 ´ 6 List of legislation Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 No. 51 date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 20 December 1996 (1996 SL No. 392) as amended by— 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 23 March 2000 (2000 SL No. 45) Statute Law (Miscellaneous Provisions) Act 1999 No. 19 ss 1–3 sch date of assent 30 April 1999 commenced on date of assent ´ 7 List of annotations PART 2—CHILDREN’S COMMISSIONER AND CHILDREN’S COMMISSION Application of Financial Administration and Audit Act 1977 s 7A ins 1999 No. 10 s 205 sch 3 Commissioner’s functions s 8 amd 1999 No. 10 s 205 sch 3 PART 5—CHILDREN’S SERVICES APPEALS TRIBUNAL Division 5—Appeals to the District Court div hdg amd 1999 No. 19 s 3 sch Effect of tribunal’s decision and rights of appeal s 65 amd 1999 No. 19 s 3 sch Powers of District Court s 66 amd 1999 No. 19 s 3 sch Operation and implementation of decisions pending appeal s 67 amd 1999 No. 19 s 3 sch PART 7—TRANSITIONAL PROVISIONS pt hdg amd R1 (see RA s 7(1)(k)) Consequential amendments s 84 om R1 (see RA s 40) SCHEDULE 1—CONSEQUENTIAL AMENDMENTS om R1 (see RA s 40)

40 Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 SCHEDULE—DICTIONARY def “children’s services legislation” amd 1999 No. 10 s 205 sch 3 def “foster home” om 1999 No. 10 s 205 sch 3 def “reviewable decision” amd 1999 No. 10 s 205 sch 3 © State of Queensland 2000