Children's Commissioner and Children's Services Appeals Tribunals Rule 1998

Queensland Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 CHILDREN’S COMMISSIONER AND CHILDREN’S SERVICES APPEALS TRIBUNALS RULE 1998 Reprinted as in force on 29 April 1998 (Rule not amended up to this date) Reprint No. 1 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 rule is reprinted as at 29 April 1998. See endnotes for information about when provisions commenced.

Queensland CHILDREN’S COMMISSIONER AND CHILDREN’S SERVICES APPEALS TRIBUNALS RULE 1998 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Notice of appeal to be given to respondent . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Chairperson to convene tribunal to hear application for stay . . . . . . . . . . . . 3 4 Recording and service of decision about stay application . . . . . . . . . . . . . . 3 5 Recording of decisions made at preliminary conference . . . . . . . . . . . . . . . 4 6 Application by party for representation by lawyer or agent . . . . . . . . . . . . . 4 7 Attendance notice to be in approved form . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Allowances for witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Failure to comply with orders, requirements or directions . . . . . . . . . . . . . . 5 10 Reasons for tribunal’s decision to be published . . . . . . . . . . . . . . . . . . . . . . 5 11 Filing documents with the commission or tribunal . . . . . . . . . . . . . . . . . . . . 5 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

s1 3 s4 Children’s Commissioner and Children’s Services Appeals Tribunals Rule 1998 CHILDREN’S COMMISSIONER AND CHILDREN’S SERVICES APPEALS TRIBUNALS RULE 1998 [reprinted as in force on 29 April 1998] ˙ Short title 1. This rule may be cited as the Children’s Commissioner and Children’s Services Appeals Tribunals Rule 1998 . ˙ Notice of appeal to be given to respondent 2. The commissioner must serve 1 a copy of a notice of appeal made to the commissioner on the person who made the reviewable decision appealed against as soon as practicable after the establishment of a tribunal. ˙ Chairperson to convene tribunal to hear application for stay 3.(1) This section applies if a party to an appeal applies for a stay of the decision appealed against. (2) The chairperson of the tribunal established to hear the appeal must, as soon as practicable, convene the tribunal to hear the application. ˙ Recording and service of decision about stay application 4.(1) A decision by a tribunal about an application for the stay of a decision must be— (a) recorded in the approved form; and (b) filed by the chairperson of the tribunal with the commissioner. 1 See the Acts Interpretation Act 1954 , part 10 and the Statutory Instruments Act 1992 , section 14 which provide for how documents required to be served on a person under subordinate legislation may be served.

s5 4 s7 Children’s Commissioner and Children’s Services Appeals Tribunals Rule 1998 (2) The commissioner must, as soon as practicable after the decision is filed, serve a copy of it on all the parties to the appeal. ˙ Recording of decisions made at preliminary conference 5.(1) This section applies if a tribunal member makes a decision about a proceeding at a preliminary conference between the parties to the proceeding. (2) The tribunal member must— (a) record the decision in the approved form; and (b) file a copy of the decision with the commissioner. (3) The commissioner must, as soon as practicable after the decision is filed, serve 2 a copy of it on the parties to the appeal. ˙ Application by party for representation by lawyer or agent 6.(1) This section applies if the tribunal is making a decision about granting leave for a party to a proceeding to be represented at the hearing by a lawyer or agent. (2) Without limiting the tribunal’s discretion, the tribunal may consider the following in making its decision— (a) the nature and complexity of the legal and factual issues to be considered in the proceeding; (b) the party’s ability to articulate the substance of the appeal. ˙ Attendance notice to be in approved form 7. An attendance notice given by the tribunal to a person must be in the approved form. 2 See the Acts Interpretation Act 1954 , part 10 and the Statutory Instruments Act 1992 , section 14 which provide for how documents required to be served on a person under subordinate legislation may be served.

s 8 5 s 11 Children’s Commissioner and Children’s Services Appeals Tribunals Rule 1998 ˙ Allowances for witness 8. A witness who appears at a tribunal hearing under an attendance notice is entitled to be paid an allowance equal to the amount the person would be entitled to be paid under the Magistrates Courts Rules, schedule 4 3 if the hearing were a hearing in the Magistrates Court. ˙ Failure to comply with orders, requirements or directions 9. If a party to a proceeding contravenes an order, requirement or direction of a tribunal, the tribunal may— (a) stay the proceeding until the party complies with the order, requirement or direction; or (b) give the party the further directions it considers appropriate to ensure compliance with the order, requirement or direction. ˙ Reasons for tribunal’s decision to be published 10.(1) A tribunal must, as soon as practicable after making a decision about an appeal, publish the decision, and the reasons for the decision, in writing. (2) The chairperson of the tribunal must file a document setting out the decision and the reasons for the decision, signed by all of the tribunal members, with the commissioner. (3) The commissioner must, as soon as practicable after the document is filed, serve 4 a copy of the document on all parties to the appeal. ˙ Filing documents with the commission or tribunal 11. If the Act, or a direction of a tribunal, requires a document to be filed 3 Schedule 4 (Fees and expenses allowable to witnesses) 4 See the Acts Interpretation Act 1954 , part 10 and the Statutory Instruments Act 1992 , section 14 which provide for how documents required to be served on a person under subordinate legislation may be served.

s 11 6 s 11 Children’s Commissioner and Children’s Services Appeals Tribunals Rule 1998 with the commission or tribunal, the party required to file the document must file an original and 3 copies of the document.

7 Children’s Commissioner and Children’s Services Appeals Tribunals Rule 1998 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Children’s Commissioner and Children’s Services Appeals Tribunals Rule 1998 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

8 Children’s Commissioner and Children’s Services Appeals Tribunals Rule 1998 ´ 4 List of legislation Children’s Commissioner and Children’s Services Appeals Rule 1998 SL No. 67 made by the Children’s Commissioner on 12 January 1998 notfd gaz 3 April 1998 pp 1425–6 commenced on date of notification exp 12 January 2008 (see SIA s 54) Tribunals © State of Queensland 1998