Appendix 1 Legislation administered by our department

Transcription

1 Appendix 1 Legislation administered by our department The Department of Communities functions and powers are derived from administering the following Acts of Parliament, in accordance with Administrative Arrangements Order (No. 2) Our Director-General, on behalf of our four Ministers, is responsible for administering these Acts. The statutory objectives for each Act are outlined below. Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 (except to the extent administered by the Attorney-General and Minister for Industrial Relations); (sections 4, 8, 64-67, 70 and 71, jointly administered with the Attorney-General and Minister for Industrial Relations) law and order in community areas, the establishment of community justice groups for community areas and the regulation of alcohol possession and consumption in community areas. The Act also provides for entry on trust areas and for other purposes. Adoption Act 2009 This Act commenced on 1 February adoption of children in Queensland and to provide access to information about parties to adoptions in Queensland, in a way that: promotes the wellbeing and best interests of adopted persons throughout their lives supports efficient and accountable practice in the delivery of adoption services complies with Australia s obligations under the Hague convention. Carers (Recognition) Act 2008 The objective of this Act is to: recognise the valuable contribution by carers to the people they care for; recognise the benefit, including the social and economic benefit, provided by carers to the community; provide for the interests of carers to be considered in decisions about the provision of services that impact on the role of carers; and establish the Carers Advisory Council. Childrens Court Act 1992 (ss 20(1)(f), 20(2) (a)(ii)) The objective of this Act is to establish the Childrens Court of Queensland and for related purposes. Child Protection Act 1999 protection of children. Child Protection (International Measures) Act 2003 The main objectives of this Act are to recognise: the importance of international cooperation for the protection of children; the need to avoid conflict between the legal systems of different countries about the jurisdiction, applicable law, recognition and enforcement of measures for the protection of children; and that a child s best interests are a primary consideration in relation to a measure for protecting the child or a measure for protecting the child s property. 240

2 Key priority areas Commission for Children and Young People and Child Guardian Act 2000 The objective of this Act is, through the Commission for Children and Young People and Child Guardian, to promote and protect the rights, interests and wellbeing of children in Queensland. Community Services Act 2007 (Parts 1 to 9, 11 to 13 and Schedules 1 to 4 jointly administered with the Minister for Education and Training) The main objective of this Act is to help build sustainable communities by facilitating access by Queenslanders to community services. Disability Services Act 2006 The objectives of this Act are to acknowledge the rights of people with a disability, including promoting their inclusion in community life, and ensuring that disability services funded by the department are safe, accountable and respond to the needs of people with a disability. The Act also recognises the right of people with a disability to live a life free from abuse, neglect and exploitation. It safeguards the rights of adults with an intellectual or cognitive disability who exhibit behaviours that cause harm by mandating a positive behaviour support approach and regulating the use of restrictive practices by departmentally provided and funded services. Domestic and Family Violence Protection Act 1989 The main purpose of this Act is to provide for the safety and protection of a person in the case of domestic violence committed by someone else if any of the following domestic relationships exist between the two persons: a spousal relationship; an intimate personal relationship; a family relationship; and an informal care relationship. Family Responsibilities Commission Act 2008 The main objectives of this Act, which are achieved mainly through the establishment of the Family Responsibilities Commission, are to support the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas. The Act is also designed to help people in welfare reform community areas to resume primary responsibility for the wellbeing of their community and the individuals and families of the community. Family Services Act 1987 The objectives of this Act include the: promotion and support of the welfare of families as the basis of community wellbeing; establishment of services and the encouragement of the development of services that promote, support and protect the wellbeing of families; encouragement of the development of coordinated social welfare services and programs that promote and strengthen local, neighbourhood and community interests; and promotion of the wellbeing of the community by assisting individuals and families to overcome social problems with which they are confronted. Appendices Financial statements People and learning Business processes Financial enablers 241 Index

3 Guide, Hearing and Assistance Dogs Act 2009 This Act was assented to on 23 February The majority of the Act commenced on 1 July 2009, with certain offence provisions coming into effect on 1 September The objectives of this Act are to assist people with a disability who rely on guide, hearing or assistance dogs to have independent access to the community and ensure the quality and accountability of guide, hearing and assistance dog training services. Health Services Act 1991 (jointly administered with the Minister for Health) The objectives of this Act are to: protect and promote health; help prevent and control illness and injury; and provide for the treatment of the sick. Housing Act 2003 The main objectives of this Act are to improve the access of Queenslanders to safe, secure, appropriate and affordable housing and help to build sustainable communities. Housing (Freeholding of Land) Act 1957 the freeholding of certain land to which the Housing Act 2003 applies. Inala Shopping Centre Freeholding Act 2006 the freeholding and divestment of perpetual leases under the Housing Act 2003 in the Inala Shopping Centre. Youth Justice Act 1992 The principal objectives of this Act are to: establish the basis for the administration of youth justice establish a code for dealing with children who have, or are alleged to have, committed offences provide for the jurisdiction and proceedings of courts dealing with children ensure that courts that deal with children who have committed offences deal with them according to principles established under this Act recognise the importance of families of children and communities, in particular Aboriginal and Torres Strait Islander communities, in the provision of services designed to: rehabilitate children who commit offences; and reintegrate children who commit offences into the community. Major Sports Facilities Act 2001 The objective of the Act is to provide for the management, operation, use, development and promotion of facilities in Queensland for staging national or international sports, recreational or entertainment events, special events and for other purposes. 242

4 Key priority areas Motor Racing Events Act 1990 staging of declared motor racing events in Queensland and to facilitate the construction of necessary infrastructure to support these events. Mt. Gravatt Showgrounds Act 1988 The objective of this Act is to establish the Mt Gravatt Showgrounds Trust and preserve the use of the Mt Gravatt Showgrounds for the purposes originally established by the charitable trust in Residential Tenancies and Rooming Accommodation Act 2008 The Act establishes the rights and obligations of tenants, lessors and agents for residential tenancies and residents, providers and agents for rooming accommodation. The Act requires the use of written tenancy or rooming accommodation agreements with standard terms, provides a process for parties to resolve tenancy disputes and requires rental bonds to be lodged with the Residential Tenancies Authority. Royal National Agricultural and Industrial Association of Queensland Act 1971 incorporation of the Royal National Agricultural and Industrial Association of Queensland and for related purposes. This Act was transferred to the Department of Infrastructure and Planning by Administrative Arrangements Amendment Order No 1, 2010, gazetted on 14 May Sporting Bodies Property Holding Act 1975 manner of holding real and personal property by trustees on behalf of sporting clubs and state and district associations of sporting clubs. It also relates to the registration of title for these properties and incidental matters. The Sporting Bodies Property Holding Act 1975 was repealed by Part 5 of the Corrective Services and Other Legislation Amendment Act 2009 (Act 30 of 2009), which was passed by the Legislative Assembly on 26 August Sports Anti-Doping Act 2003 The objectives of this Act are to protect: the health and safety of state athletes by discouraging the use of drugs and doping methods; the state s outstanding sporting reputation; and the state s financial investment in sport. The Act also recognises community expectations that athletes representing the state or receiving state support compete fairly without the use of drugs or doping methods. Young Offenders (Interstate Transfer) Act 1987 The objective of this Act is to facilitate the transfer to, from and through Queensland of young offenders who wish to be transferred. Appendices Financial statements People and learning Business processes Financial enablers 243 Index

5 Changes in law The following changes in law have affected, or will affect, the department: The Adoption of Children Act 1964 was repealed on 1 February The Adoption Act 2009 was enacted. The Juvenile Justice and Other Acts Amendment Act 2009 was enacted. The Guide Dogs Act 1972 was repealed and the Guide, Hearing and Assistance Dogs Act 2009 commenced. The Legacy Trust Fund Act 2001 was repealed. The Residential Services (Accommodation) Act was repealed. The Residential Tenancies Act 1994 was repealed. The Residential Tenancies and Rooming Accommodation Act 2008 was enacted. The Integrated Planning Act 1997 was repealed and replaced by the Sustainable Planning Act 2009 in December Amendments to the Carers (Recognition) Act 2008 were introduced to officially recognise grandparent carers. The Aborigines and Torres Strait Islanders (Land Holding) Act 1985 was transferred to the responsibility of the Director-General, Department of Environment and Resource Management The Sporting Bodies Property Holding Act 1975 was repealed. All legislation is available at 244