Family Responsibilities Commission Act 2008 – 17 December 2015
Family Responsibilities Commission Act 2008 – 17 December 2015
Family Responsibilities Commission Regulation 2014 – 28 November 2014
Quick to view summary
The Family Responsibilities Commission is established with the following functions: to hold conferences and make decisions under this Act about agency notices in relation to community members; to deal with a person’s noncompliance with a case plan; and to hear applications to the commission to amend or end a family responsibilities agreement or family responsibilities order. For this Act, the concept of ‘community member’ is critical. Pursuant to section 7 of the Act, a ‘community member’ is person who is a welfare recipient and has resided in a welfare reform community area. For the definition of ‘welfare reform community area’, refer to section 8A of the Act. For areas which have been prescribed a ‘welfare reform community area’, refer to regulation 2 of the Family Responsibilities Commission Regulation 2014. For the definition of ‘family responsibilities order’, refer to the Schedule of the Act.
- Sections 6, 7, 8, 8A, 9, 10, 11, 30, 32, 35, 46, 47, 49, 124, Schedule; Regulation 2, Schedule 1
If a student at a school in a welfare reform community area is absent from the school for all or part of any 3 school days during a school term; and the principal of the school is not satisfied there is a reasonable explanation for the absences, the principal must give notice of the absences to the commission as soon as practicable but not more than 10 school days after the third absence happens. For school enrolment notices (and when they may be issued), refer to section 41 of the Act. For child safety notice requirements (and when they may be issued), refer to section 42 of the Act. A notice from an agency will trigger a conference. (There are also mandatory notices from a court upon conviction or protection order against a person pursuant to section 43 of the Act).
- Sections 40, 41, 42, 43, 58
If the lessor of the premises: (a) is satisfied the premises have been, or are being, used by the tenant for an illegal purpose; or (b) becomes aware that the tenant has not complied with a remedy notice relating to (i) the tenant causing a nuisance by the use of the premises; or (ii) the tenant interfering with the reasonable peace, comfort or privacy of a neighbour of the tenant; or (iii) the tenant not keeping the premises and its inclusions clean, having regard to their condition when the tenant entered into the residential tenancy agreement for the premises; or (iv) the tenant maliciously damaging, or allowing someone else to maliciously damage, the premises or its inclusions; or (c) becomes aware that the rent payable by the tenant under the residential tenancy agreement (the outstanding amount) has remained unpaid in breach of the agreement for at least 7 days and the tenant— (i) has not responded to a remedy notice relating to the outstanding amount; or (ii) has not entered into an agreement with the lessor to pay the outstanding amount; or (iii) has breached an agreement entered into with the lessor to pay the outstanding amount: THEN the lessor must, within 5 business days after being satisfied or becoming aware of the matter, give the commission notice of the matter. Another notification applies may apply where there has been more than 1 remedy notice within 6 months pursuant to subsections 44(3) and (4) of the Act. A notice to the commission must be in the approved form. Pursuant to subsection 44(7), the notification would relate to social housing – see the definition of ‘lessor’.
- Section 44; Regulation 3
A person attending the commission at a conference must represent himself or herself. Despite this general rule, the person the subject of a conference may be represented at the conference by a lawyer if the commission considers it appropriate in the interests of justice to allow the person to be represented by a lawyer.
- Sections 54, 55, 56, 60, 61, 63
After holding a conference, the commission may decide to enter into a ‘family responsibilities agreement’ with the person the subject of the conference if satisfied the person is a community member. A family responsibilities agreement must be about (a) the person attending an appropriate community support service under a case plan; or (b) the commission giving the secretary a notice requiring that the person be subject to income management. For the other outcomes of a conference, refer to section 69 of the Act. For the definitions of ‘community support service’ and ‘income management’, refer to the Schedule of the Act.
- Sections 6, 68, 69, 70, 71, 72, 76, 80, Schedule
A person who is a community member may (as part of a voluntary process) ask: the local registry coordinator for a welfare reform community area to refer a person to a community support service; or the commission to give the secretary a notice requiring that a person be subject to income management for at least 3 months but not more than 1 year.
- Sections 105, 106, 107, 108
The Family Responsibilities Board is established and it has the following functions: to give advice and make recommendations to the Minister about the operation of the commission, including, for example, advice and recommendations about the action the board considers the State or Commonwealth should take to help improve the operation of the commission; if asked by the commissioner, to give advice and make recommendations to the commission about the performance of its functions; and to consider reports given to the board under section 144.
- Sections 116, 117
Reason for law
To support the restoration of socially responsible standards of behaviour and local authority in welfare reform community areas; and 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. (Section 4)
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