Community Services Regulation 2008

Queensland Community Services Act 2007 Community Services Regulation 2008 Current as at 31 March 2008 Reprint note This is the last reprint before repeal. Repealed on 1 July 2014 by 2014 Act No. 97 s 29.

Information about this reprint This regulation is reprinted as at 31 March 2008. This page is specific to this reprint. A table of earlier reprints is included in the endnotes. Also see endnotes for information about when provisions commenced. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Community Services Regulation 2008 Contents Part 1 1 2 3 Part 2 Division 1 4 5 6 7 Division 2 8 9 10 Division 3 Subdivision 1 11 12 Subdivision 2 13 14 15 16 Schedule Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Prescribed requirements Matters applying generally Prescribed requirements—Act, s 29. . . . . . . . . . . . . . . . . . . . . . . 3 When the requirements apply . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Requirement to keep a document . . . . . . . . . . . . . . . . . . . . . . . . 4 Requirement to implement a document . . . . . . . . . . . . . . . . . . . . 4 Requirements about how provider provides community services Protecting users and others from harm . . . . . . . . . . . . . . . . . . . . 4 Hours of operation and contact arrangements . . . . . . . . . . . . . . . 5 Dealing with complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Requirements about how provider conducts its operations Financial management and accountability Financial management and accountability generally . . . . . . . . . . 5 Assistance to be used for agreed purpose . . . . . . . . . . . . . . . . . . 6 Governance Roles and responsibilities of executive officers and employees . . 6 Volunteers’ knowledge of, and supervision in performing, tasks performed for provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Executive officers’ knowledge of legislation and governing documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Community Services Regulation 2008 Contents Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 9 10 10 Page 2

Community Services Regulation 2008 Part 1 Preliminary [s 1] Community Services Regulation 2008 [reprinted as in force on 31 March 2008] Part 1 Preliminary 1 Short title This regulation may be cited as the Community Services Regulation 2008 . 2 Commencement This regulation commences on 31 March 2008. 3 Dictionary The dictionary in the schedule defines particular words used in this regulation. Part 2 Prescribed requirements Division 1 Matters applying generally 4 Prescribed requirements—Act, s 29 This part prescribes requirements about how a funded service provider (the provider ) conducts its operations and provides community services. Current as at 31 March 2008 Page 3

Community Services Regulation 2008 Part 2 Prescribed requirements [s 5] 5 When the requirements apply Except where otherwise stated in this part, the prescribed requirements apply to the provider only while it is providing, or is required under the relevant service agreement to provide, community services. 6 Requirement to keep a document A requirement that the provider keep a document is a requirement that the provider prepare the document and keep it up-to-date. 7 Requirement to implement a document A requirement that the provider implement a document is a requirement that, when providing the provider’s community services, the provider implement and comply with the procedures and other matters stated in the document. Division 2 Requirements about how provider provides community services 8 Protecting users and others from harm (1) The provider must take reasonable steps to— (a) if the provider is aware of, or ought reasonably to be aware of, an unacceptable risk of harm—prevent the harm occurring; and (b) provide support to— (i) a person who has been harmed; and (ii) a person who reports harm to the provider. Examples of how the provider might support a person — • helping the person get medical treatment • giving the person information about how to get counselling Page 4 Current as at 31 March 2008

Community Services Regulation 2008 Part 2 Prescribed requirements [s 9] (2) The provider must keep a record of each instance of harm or suspected harm, and the action taken by the provider. (3) In this section— harm means harm, including self-harm, to a person happening in the course of providing the provider’s community services. 9 Hours of operation and contact arrangements The provider must have hours of operation, and arrangements for contact with users, appropriate for the proper provision of the community services required to be provided under the relevant service agreement. 10 Dealing with complaints (1) The provider must keep and implement a document outlining the provider’s procedure for dealing with complaints about the provider’s community services. (2) The provider must make the procedure available for viewing by a person, if requested by the person. (3) The provider must not discontinue or reduce the community services, or otherwise take recrimination, because a person makes a complaint to the provider about the provider’s community services. Division 3 Requirements about how provider conducts its operations Subdivision 1 Financial management and accountability 11 Financial management and accountability generally (1) The provider must ensure— (a) appropriate financial delegations are in place; and Current as at 31 March 2008 Page 5

Community Services Regulation 2008 Part 2 Prescribed requirements [s 12] (b) appropriate internal controls are in place to prevent misuse or misappropriation of funding received from the department. (2) The provider must keep a record of the delegations and controls. (3) The provider must have accounting and financial record keeping systems that allow funding received from the department to be accurately identified and accounted for. 12 Assistance to be used for agreed purpose The provider must ensure assistance received from the department is used for the agreed purpose under the relevant service agreement. Subdivision 2 Governance 13 Roles and responsibilities of executive officers and employees (1) The provider must keep a written statement of each executive officer’s and employee’s role and responsibilities relating to providing the provider’s community services. (2) The provider must take reasonable steps to ensure the executive officer or employee has a sufficient knowledge of, and the competency to effectively perform, the role and responsibilities. 14 Volunteers’ knowledge of, and supervision in performing, tasks performed for provider The provider must take reasonable steps to ensure each volunteer who performs tasks for the provider— (a) has a sufficient knowledge of the tasks the volunteer is to perform; and (b) receives supervision appropriate for the tasks. Page 6 Current as at 31 March 2008

Community Services Regulation 2008 Part 2 Prescribed requirements [s 15] 15 Executive officers’ knowledge of legislation and governing documents (1) The provider must take reasonable steps to ensure each executive officer has a sufficient knowledge of the prescribed documents, including, in particular, the provider’s obligations under the documents relevant to providing the provider’s community services. (2) In this section— prescribed documents means— (a) the Act and this regulation; and (b) any constitution or other governing document of the provider; and (c) any Act under which the provider is established; and (d) the relevant service agreement. 16 Conflicts of interest (1) The provider must keep and implement a policy about conflicts of interest of its executive officers, employees and volunteers. (2) The policy must include guiding principles and procedures for identifying, declaring and dealing with conflicts of interest. (3) The provider must keep a record of each instance of a conflict of interest arising in the provision of the provider’s community services and how the matter was dealt with. (4) In this section— conflict of interest includes a potential conflict of interest. Current as at 31 March 2008 Page 7

Community Services Regulation 2008 Schedule Schedule Dictionary section 3 keep , in relation to a document, see section 6. implement , in relation to a document, see section 7. provider see section 4. relevant service agreement means the service agreement entered into by the department and the provider. user means a user of community services provided by the provider. Page 8 Current as at 31 March 2008

Endnotes Community Services Regulation 2008 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 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 Community Services Regulation 2008 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 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 edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Current as at 31 March 2008 Page 9

Community Services Regulation 2008 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments included none Effective 31 March 2008 Notes 5 List of legislation Community Services Regulation 2008 SL No. 73 made by the Governor in Council on 20 March 2008 notfd gaz 20 March 2008 pp 1598–9 ss 1–2 commenced on date of notification remaining provisions commenced 31 March 2008 (see s 2) exp 1 September 2018 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 10 Current as at 31 March 2008