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COMMUNITY SERVICES ACT 2007 NO. 38
TABLE OF PROVISIONS
Contents
Part 1--Preliminary
Division 1--Introduction
1. Short title
2. Commencement
Division 2--Object and principles
3. Main object of Act
4. How main object is mainly achieved
5. Guiding principles
Division 3--Interpretation
6. Definitions
7. Meaning of service provider
8. Meaning of approved service provider
9. Meaning of funded service provider
Part 2--Standards for the provision of community services
10. Minister may make standards for the provision of community services
11. When standard takes effect
12. Notice and availability of standards
Part 3--Approved service providers
Division 1--Preliminary
13. Explanation
14. No entitlement to assistance
Division 2--Approval process
15. Application for approval
16. Decision on application
17. Approval remains in force unless cancelled
Division 3--Cancellation of approval
18. Application for cancellation of approval
19. Decision on application
20. Cancellation of approval without application
21. Cancellation of approval if approved service provider no longer exists
Division 4--Notice of changes by approved service provider
22. Approved service provider must give notice of change
Part 4--Assistance to service providers
23. Purpose of giving assistance
24. When assistance may be given
25. Assistance to service providers
26. Who may receive approval for one-off funding
27. No assistance without agreement
28. What service agreement must contain
Part 5--Prescribed requirements
29. Prescribed requirements
30. Funded service provider must not contravene prescribed requirements
Part 6--Compliance notices and suspending or stopping assistance
Division 1--Compliance notices
31. Cooperative approach
32. Compliance notice
33. Report by authorised officer
Division 2--Suspending or stopping assistance for breach of agreement
34. Show cause notice
35. Representations about show cause notice
36. Ending show cause process without further action
37. Suspending or stopping assistance
Division 3--Recovery of funding
38. Recovery of amount from corporation
Part 7--Monitoring and enforcement
Division 1--Preliminary
39. Purpose of pt 7
40. Matters to be considered by chief executive or authorised officer before exercising a power
Division 2--Authorised officers
41. Powers generally
42. Appointment
43. Qualifications for appointment
44. Appointment conditions and limit on powers
45. Issue of identity card
46. Production or display of identity card
47. When authorised officer ceases to hold office
48. Resignation
49. Return of identity card
Division 3--Powers of authorised officers
Subdivision 1--Entry of places
50. Power to enter places
Subdivision 2--Procedure for entry
51. Entry with consent
52. Application for warrant
53. Issue of warrant
54. Application by electronic communication and duplicate warrant
55. Defect in relation to a warrant
56. Warrants—procedure before entry
Subdivision 3--Powers after entry
57. General powers after entering a place
58. Failure to help authorised officer
59. Failure to answer questions
Division 4--Power to require information
60. Notice under s 61 may relate to use of assistance
61. Power to require information or documents
Division 5--Other matters
62. Notice of damage
63. Compensation
64. False or misleading statements
65. False or misleading documents
66. Obstructing an authorised officer
67. Impersonation of an authorised officer
Part 8--Interim manager
Division 1--Preliminary
68. Main purpose of pt 8
Division 2--Appointment
69. Appointment
70. Basis for appointment
71. Suitability of proposed appointee
72. Terms of appointment
73. Notice to funded service provider about appointment
74. Informing persons using community services about appointment
75. Initial period of appointment
76. Variation of appointment
77. Ending of appointment
Division 3--Function and powers
78. Application of div 3
79. Interim manager's function
80. Interim manager's powers
81. Direction by chief executive
82. Other powers
83. Limitation on powers under instrument of appointment
84. Production of instrument of appointment for inspection
85. Obstruction
Division 4--Other matters
86. Access to information or documents
87. Confidentiality
88. Remuneration
89. Funded service provider liable for remuneration and other costs
90. Accounts and reports
91. Compensation
Part 9--Reviews and appeals
Division 1--Reviewable decisions
92. Reviewable decisions
93. Chief executive must give notice after making reviewable decision
Division 2--Review of decision
94. Application for review
95. Stay of operation of original decision
96. Review decision
Division 3--Appeal against review decision
97. Appeal against review decision
98. Appeal is by way of rehearing
Part 10--Screening of persons engaged by the department
Division 1--Preliminary
99. Main purpose of pt 10
100. Persons engaged by the department
101. This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
102. Chief executive to advise of duties of disclosure etc.
Division 2--Interpretation
103. What is a serious offence
Division 3--Disclosure of criminal history
104. Persons seeking to be engaged by the department must disclose criminal history
105. Persons engaged by the department must disclose changes in criminal history
106. Requirements for disclosure
107. False or misleading disclosure or failure to disclose
Division 4--Chief executive may obtain information
108. Chief executive may obtain report from commissioner of the police service
109. Prosecuting authority to notify chief executive about committal, conviction etc.
Division 5--Controls on use of information
110. Use of information obtained under this part
111. Person to be advised of information obtained
112. Guidelines for dealing with information
Part 11--Legal proceedings
Division 1--Application
113. Application of pt 11
Division 2--Evidence
114. Appointments and authority
115. Signatures
116. Evidentiary provisions
Division 3--Proceedings
117. Proceeding for offences
118. When proceeding may start
119. Allegations of false or misleading information or document
120. Forfeiture on conviction
121. Dealing with forfeited thing
122. Responsibility for acts or omissions of representative
123. Executive officers must ensure corporation complies with Act
Part 12--Miscellaneous
124. Advisory committees
125. Dissolution
126. Other matters
127. Confidentiality of information about criminal history and related information
128. Duty of confidentiality
129. Power to require information or documents
130. Protection from liability for giving information
131. Chief executive may share information about service provider
132. Delegation by Minister or chief executive
133. Protecting officials from liability
134. Approval of forms
135. Regulation-making power
Part 13--Savings and transitional provisions
136. Definitions for pt 13
137. Certain service providers taken to be approved under part 3 and to be funded service providers
138. When grants under the Family Services Act continue
139. Other matters
Part 14--Amendment of Child Protection Act 1999
140. Act amended in pt 14
141. Insertion of new s 189A
Part 15--Amendment of Commercial and Consumer Tribunal Act 2003
142. Act amended in pt 15
143. Amendment of sch 2 (Dictionary)
Part 16--Amendment of Juvenile Justice Act 1992
144. Act amended in pt 16
145. Amendment of s 108 (Committal or committal proceeding for joint trial with another person)
146. Amendment of s 121 (Stay of proceeding and suspension of orders)
147. Insertion of new s 297A
Part 17--Amendment of Young Offenders (Interstate Transfer) Act 1987
148. Act amended in pt 17
149. Amendment of s 3 (Interpretation)
-- SCHEDULE 1 REVIEWABLE DECISIONS
-- SCHEDULE 2 CURRENT SERIOUS OFFENCES
-- SCHEDULE 3 REPEALED OR EXPIRED SERIOUS OFFENCES
-- SCHEDULE 4 DICTIONARY
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