Community Services Act 2007

This Act may be cited as the Community Services Act 2007.

This Act commences on a day to be fixed by proclamation.

The main object of this Act is to safeguard funding for the delivery of products or services to the community that—

contribute to Queensland’s economic, social and environmental wellbeing; and

enhance the quality of life of individuals, groups and communities.

This object is mainly achieved by providing clear and consistent powers that safeguard—

funding provided to entities to deliver products or services; and

the delivery of products or services that are provided with the funding.

This Act is to be administered in a way that has regard to the following principles—

the use of public funds for products and services should—

advance Queensland’s social, economic and environmental wellbeing; and

respond to the diverse needs of individuals, groups and communities;

the government should administer funding in a way that—

is efficient and transparent; and

involves clear and timely communication; and

promotes excellence in the delivery of products and services; and

provides sustainable service delivery to communities;

the contractual arrangements between government and funded entities should reflect a clear and common understanding of—

the purpose of the funding; and

the results to be achieved from the funded products and services; and

the intended recipients of the products or services;

ensuring accountability in the delivery of funded products and services will—

protect the safety and interests of users of the products or services, including those who are at risk or are vulnerable; and

help to maintain public confidence about the use of public funds;

the government and funded entities should recognise each other’s autonomy and accountabilities.

In administering this Act, regard must be had to the following—

the State has finite resources available to provide as funding;

there is a need to ensure the State’s resources provided as funding are used properly to deliver funded products and services.

The dictionary in schedule 2 defines particular words used in this Act.

A funded entity is an entity that receives funding provided by a department to deliver a product or service.

A funded product or service, in relation to a funded entity, is a product or service required to be delivered by the funded entity with funding received by the funded entity.

For subsections (1) and (2), it does not matter whether—

the entity received the funding from the department or from another entity that received the funding from the department; or

the entity has a funding agreement with the department about the funding; or

other funds or resources are also used by the entity to deliver the product or service.

A department provides funding if the department provides aid or support in the form of money or other assistance to an entity—

to enable the entity to deliver a product or service to the community where the product or service has a social, environmental or economic benefit for Queensland; and

on conditions that—

require specified products or services to be delivered; and

require the entity to be accountable to the department for delivering the products or services and the use of the money or other assistance.

Examples of assistance other than money the department may provide—

• lease of a building

• transfer of land

• goods or services

• in-kind support

A funding agreement is a written agreement with an entity about a department providing funding to the entity.

In a provision of this Act—

a reference to a Minister is a reference to a Minister who administers a department, or part of a department, providing funding; and

a reference to a chief executive is a reference to the chief executive of a department providing funding; and

a reference to a department is a reference to a department providing funding.

In a provision about a Minister, a reference to the department is a reference to a department, or part of a department, providing funding that is administered by the Minister.

In a provision about a chief executive, a reference to the department is a reference to the department of which the person is the chief executive.

The Acts Interpretation Act 1954, sections 33(2), 33AA(2) and 33AB(2) do not apply.

Note—The Acts Interpretation Act 1954, sections 33, 33AA and 33AB deal with references to Ministers, departments and chief executives. For the purposes of this Act, a reference to, for example, the chief executive is not limited to the chief executive of the public sector unit administering this Act.

This Act applies in relation to funding provided by a department that is the subject of a funding declaration.

To remove any doubt, it is declared that, if the funding was not the subject of a funding declaration when it was provided, this Act applies in relation to the funding from when it becomes the subject of a funding declaration.

This Act does not limit—

a remedy available to a chief executive under a funding agreement; or

a chief executive’s powers apart from this Act; or

the powers that may be exercised in relation to a funded entity under another Act.

A Minister may, by notice (a funding declaration) published on a Queensland Government website, declare funding to be funding to which this Act applies.

A funding declaration may relate to—

funding provided, or available to be provided, under a program of funding administered by the department; or

funding provided, or to be provided, to an entity on a one-off basis.

In deciding whether to make a funding declaration, the Minister may consider the following matters—

the nature of—

the product or service to be delivered with the funding; and

the service provider market; and

the entity or entities to be provided with the funding;

the importance of the product or service to meeting the needs of individuals, groups and the community;

the characteristics and vulnerability of the users, or intended users, of the product or service;Examples—

• people with disability

• children and young people

the amount of funding to be provided;

whether the funding is regulated under another law or an administrative scheme;

any other matter the Minister considers is relevant.