Family Responsibilities Commission

Report to the Family Responsibilities Board and
The Minister for Aboriginal and Torres Strait Islander and Multicultural Affairs

Quarterly Report
No. 21

July 2013 to September 2013

Report prepared by the Family Responsibilities Commission under the leadership of Commissioner David Glasgow

Executive Summary

During quarter 21, 870 agency notices were received by the Family Responsibilities Commission (the Commission) which were within jurisdiction, a decrease of 73 from last quarter.  There were 469 conferences held for the same period, representing an increase of 45 from last quarter.  Seven Family Responsibility Agreements (FRAs) were entered into, 65 orders were made to attend community support services and 97 Conditional Income Management (CIM) orders were issued.  When compared to last quarter this represents an increase of 1 FRA, an increase of 9 orders to attend community support services and an increase of 35 orders for CIM.

Since the commencement of the Commission, 75 Voluntary Income Management (VIM) agreements have been processed.  Community members continue to express their desire to enter into VIM agreements in order to assist with budgeting and ensure funds remain available for purchases.

The Commission case managed 159 clients during the quarter.  The Commissioners made 125 referrals relating to 67 clients, an increase of 23 referrals from last quarter.  Further activity during the quarter consisted of 32 Applications to Amend or End Agreements or Orders, an increase of 7 from the previous quarter.  Six Show Cause conferences was held during quarter 21, an increase of 5 from last quarter.

Student enrolment remains high on the Commission’s agenda.  A number of disengaged youth were identified and the Commission is working collaboratively with other agencies including the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA), the former Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA), Department of Education, training and Employment (DETE), the Cape York Institute (CYI) and the Cape York Aboriginal Australian Academy (CYAAA) to develop strategies to re-engage these individuals in education.  DETE have commenced providing the Commission with enrolment notices which identify those students not enrolled. In this quarter 44 such notices have been received.

The Commission continued to deliver the Ending Family Violence (EFV) program in all four Welfare Reform communities during the quarter.  The success of the program has been mixed with a number of attendees not completing the full program or not attending at all.  Whilst this has been disappointing, there have also been a significant number of graduates from the program.  The Commission will reassess its position in regard to delivering the EFV program in 2014.

The Honourable John Elferink, MLA and Attorney-General and Minister for Justice, Minister for Correctional Services, Minister for Public Employment and Minister for Statehood of the Northern Territory visited the Commission’s offices in September.  The Attorney-General met with Commissioner Glasgow and Deputy Commissioner Curtin, the Registrar and other staff to discuss and learn about the work of the Commission and the role it plays in Welfare Reform.

The Commission acknowledges the recent retirement of Ms Debbie Best from the position of Director General, DATSIMA and FR board member, and also the recent change of appointment of Mr Finn Pratt from Secretary of FaHCSIA and FR board member to Secretary of the Department of Human Services. The Commission has valued the professional contribution and support from both Ms Best and Mr Pratt and wishes them well in their future careers.

Table of contents

1.  Activities and Trends		4
2.  Observations, Challenges and Future Direction	12
3.  Financial Operations		13

Abbreviations
CIM		Conditional Income Management
CYWR		Cape York Welfare Reform
DATSIMA	Department of Aboriginal, Torres Strait Islander and Multicultural Affairs
DETE		Department of Education, Training and Employment
EFV		Ending Family Violence 
FRA		Family Responsibilities Agreement
FRC		Family Responsibilities Commission
VIM		Voluntary Income Management
Also:		
Family Responsibilities Commission (the Commission)
Family Responsibilities Commission Act 2008 (the Act)
Family Responsibilities Commission Registry (the Registry)
Family Responsibilities Board (the Board)

Family Responsibilities Commission
Cape York Welfare Reforms

Report to 30 September 2013.
1.  Activities and Trends

Notices
In quarter 21 the Commission received 1,143 agency notices.  Some individuals may have been the subject of more than one agency notice.  Of that figure 870 notices (76 percent) were within the Commission’s jurisdiction and 273 notices (24 percent) were outside the Commission’s jurisdiction.

Within jurisdiction notices comprised of:

	205	Magistrates Court notices
	498	School Attendance notices
	44	School Enrolment notices
	87	Child Safety and Welfare notices
	36	Housing Tenancy notices

Of the 273 notices not within the Commission’s jurisdiction, there were 203 Magistrates Court notices, 47 School Attendance notices, 15 School Enrolment Notices, 7 Child Safety and Welfare notices and 1 Housing Tenancy notice.

Details of notices within jurisdiction for each community are set out below:

•	Aurukun’s 477 notices constitute 54.9 percent of the total notices in jurisdiction across the four CYWR trial communities:

	107	Magistrates Court notices
	283	School Attendance notices
	20	School Enrolment notices
	45	Child Safety and Welfare notices
	22	Housing Tenancy notices

Twenty-one Magistrates Court notices, 20 School Attendance notices, 2 School Enrolment notices and 4 Child Safety and Welfare notices were processed as not within jurisdiction.

•	Coen’s 30 notices constitute 3.4 percent of the total notices in jurisdiction:

	2	Magistrates Court notices
	16	School Attendance notices
	3	School Enrolment notices
	4	Child Safety and Welfare notices
	5	Housing Tenancy notices

Four School Attendance notices, 1 School Enrolment notice and 1 Child Safety and Welfare notice were processed as not within jurisdiction.
•	
Hope Vale’s 303 notices constitute 34.8 percent of the total notices in jurisdiction:

	76	Magistrates Court notices
	171	School Attendance notices
	19	School Enrolment notices
	31	Child Safety and Welfare notices
	6	Housing Tenancy notices

Two Magistrates Court notices, 21 School Attendance notices, 12 School Enrolment notices, 2 Child Safety and Welfare notices and 1 Housing and Tenancy notice were processed as not within jurisdiction.

•	Mossman Gorge’s 60 notices constitute 6.9 percent of the total notices in jurisdiction:

	20	Magistrates Court notices
	28	School Attendance notices
	2	School Enrolment notices
	7	Child Safety and Welfare notice
	3	Housing Tenancy notices

One hundred and eighty Magistrates Court notices and 2 School Attendance notices were processed as not within jurisdiction.

Since its commencement the Commission has received 14,895 agency notices within its jurisdiction.  Total notices decreased from 1,313 in quarter 20 to 1,143 in quarter 21.  Of those notices in jurisdiction, School Enrolment, Child Safety and Welfare and Housing Tenancy notices increased, whilst Magistrates Court and School Attendance notices decreased.

Magistrates Court notices decreased this quarter to 205 from the 345 received in the previous quarter.  All four communities experienced a decreased in notices this quarter.  Aurukun decreased by 59 notices, Coen decreased by 12 notices, Hope Vale decreased by 46 notices and Mossman Gorge decreased by 23 notices.

School Attendance notices decreased from 558 in quarter 20 to 498 in quarter 21.  Aurukun, Coen, Hope Vale and Mossman Gorge communities all experienced a decrease in notices for the quarter of 12, 11, 33 and 4 notices respectively.

The Commission received School Enrolment notices for the first time this quarter, with Aurukun receiving 20 notices, Coen receiving 3 notices, Hope Vale receiving 19 notices and Mossman Gorge receiving 2 notices.

Child Safety and Welfare notices increased from 18 in quarter 20 to 87 in quarter 21.  Aurukun, Coen, Hope Vale and Mossman Gorge communities all experienced an increase in notices for the quarter of 36, 4, 24 and 5 notices respectively.

Housing Tenancy notices increased to 36 from the 22 received in the previous quarter.  Aurukun and Coen notices increased by 13 and 5 respectively; whilst and Hope Vale and Mossman Gorge decreased by 1 and 3 notices respectively.

The Commission receives school attendance data from the Department of Education, Training and Employment (DETE).  The release of relevant data relating to quarter 21 was not available at the time of writing this report, however, the available data provided by DETE is published on the Commission’s web page at http://www.frcq.org.au when available.

Table 1: In jurisdiction notices by type and quarter 1 July 2012 to 30 September 2013.

Notices by Agency Processed	Qtr 17	Qtr 18	Qtr 19	Qtr 20	Qtr 21	
Magistrates Court	270	243	226	345	205	
School Attendance	550	516	363	558	498	
School Enrolment	0	0	0	0	44	
Child Safety	39	64	44	18	87	
Housing Tenancy	3	42	53	22	36	
TOTAL	862	865	686	943	870	

Table 2: In jurisdiction notices by community and quarter 1 July 2012 to 30 September 2013.

Community	Qtr 17	Qtr 18	Qtr 19	Qtr 20	Qtr 21	
Aurukun	447	451	304	479	477	
Coen	56	71	63	41	30	
Hope Vale	293	265	267	340	303	
Mossman Gorge	66	78	52	83	60	
TOTAL	862	865	686	943	870	

Since commencement in July 2008, 85.1 percent of clients have received more than one notice with 52.7 percent of clients receiving more than five notices.  Frequently this illustrates multiple child school absences for the one family or multiple Magistrates Court notices relating to one incident.  Conversely, 14.9 percent of clients have received only one notice.

Table 3: FRC clients by number of notices 1 July 2008 to 30 September 2013.

Number of Notices Received	Number of Clients	
1	221	
2	169	
3	126	
4	93	
5	92	
>5	781	
TOTAL	1482	

 (Note:  Counting rules stipulate that where multiple charges are received each charge is counted as an individual notice or each child’s absence is counted as one notice – i.e. if three children from the one family were absent, that was counted as three notices).

Conferences
Four hundred and sixty-nine conferences were held across the four communities in quarter 21 resulting in 7 FRA’s being entered into, 65 orders made to attend community support services and 97 CIM orders as well as no further action, rescheduling and scheduling to return for review with compliance.  Twenty-five new clients were conferenced during the quarter.  Details of conferencing activity in each community for quarter 21 are as follows:

	228 conferences were held in Aurukun
	29 conferences were held in Coen
	140 conferences were held in Hope Vale
	72 conferences were held in Mossman Gorge.

Conferences increased from 424 in quarter 20 to 469 in quarter 21.

Table 4: Conferences by community and quarter 1 July 2012 to 30 September 2013.

Community	Qtr 17	Qtr 18	Qtr 19	Qtr 20	Qtr 21	
Aurukun	253	258	219	217	228	
Coen	30	17	26	44	29	
Hope Vale	126	91	90	107	140	
Mossman Gorge	42	51	59	56	72	
TOTAL	451	417	394	424	469	

Referrals
Referrals to service providers increased from 102 in quarter 20 to 125 in quarter 21, relating to 67 clients.  Since commencement the Commission has referred 778 clients to service providers resulting in approximately 52.1 percent of clients on 12 month service referral plans.  Referrals in the communities during the quarter were as follows: Aurukun decreased by 8; Coen increased by 3; Hope Vale increased by 15; and Mossman Gorge increased by 13.

Table 5: Referral Pathways by Referral Type and Quarter 1 July 2012 to 30 September 2013.

Referral Type	Qtr 17	Qtr 18	Qtr 19	Qtr 20	Qtr 21	
MPower	27	10	13	27	32	
WBC	28	24	24	31	44	
SCMF	4	1	0	0	1	
Parenting Program	13	10	3	9	13	
Probation & Parole EFV Program	24	12	13	0	0	
FRC EFV Program	0	0	5	30	28	
AFP	5	9	2	2	0	
Other	2	3	5	3	7	
TOTAL	103	69	65	102	125	

Conditional Income Management
Ninety-seven CIM orders were made in quarter 21, an increase of 35 from quarter 20.  Since the commencement of the Commission 1,163 CIM orders inclusive of original orders, extensions and amendments have been made relating to 584 clients.  During the quarter an increase was experienced in three of the four communities with Aurukun, Hope Vale and Mossman Gorge increasing by 17, 14 and 5 CIM orders respectively.  Coen decreased by 1 CIM order.

As at 30 September 2013, 39.1 percent of the Commission’s clients have been subject to a CIM order over the past five and a quarter years.  As at 30 September 2013 there were 239 clients subject to a CIM order which equates to 16.0 percent of clients on a CIM order at a point in time.  Commissioners continue to negotiate with clients to achieve desirable outcomes or to demonstrate motivation and commitment to make appropriate life choices.  Demonstrated positive steps toward taking responsibility provide the Commissioners with sufficient reason to consider revoking CIM orders when requested by the client.

Since the commencement of the Commission in 2008, 75 VIM agreements have been processed relating to 62 clients.  Those clients that request a VIM agreement use income management as a savings and budget tool, often for a specified period and to deter family members from accessing their income.

Table 6: Conditional Income Management orders by Community and Quarter 1 July 2012 to 30 September 2013.

Community	Qtr 17	Qtr 18	Qtr 19	Qtr 20	Qtr 21	
Aurukun	61	61	37	37	54	
Coen	4	1	2	6	5	
Hope Vale	18	14	10	10	24	
Mossman Gorge	14	11	9	9	14	
TOTAL	97	87	58	62	97	

Case Management
As at 30 September 2013, 159 clients were being case managed, a decrease from 183 in quarter 20.  Since the last quarter the number of clients being case managed in Aurukun, Coen and Hope Vale has decreased by 19, 5 and 10 respectively whilst Mossman Gorge has increased by 10.

Show Cause Notices
During quarter 21, 6 Show Cause hearing was held.  This matter resulted in:

	2 Clients Income Management Orders extended and ordered to
		comply with the new case plan
	1 Client Income Managed and ordered to comply with the new case plan
	1 Client placed on monitor
	2 Clients rescheduled until the next quarter.

Table 7: Show Cause Notices by community and quarter 1 July 2012 to 30 September 2013.

Community	Qtr 17	Qtr 18	Qtr 19	Qtr 20	Qtr 21	
Aurukun	2	0	0	1	4	
Coen	0	0	0	0	0	
Hope Vale	0	0	0	0	2	
Mossman Gorge	0	0	0	0	0	
TOTAL	2	0	0	1	6	

Applications to Amend or End Agreements or Orders
Thirty-two Applications to Amend or End a Family Responsibilities Agreement or Order were received in quarter 21, an increase of 7 from quarter 20.  Outcomes of the 32 applications received are as follows:

	14 Applications granted and Income Management agreements and orders revoked
	8 Applications dismissed
	1 Conditional Income Management Order reduced from 75 percent to 60 percent
		 and extended for 12 months
	4 Applications rescheduled
	5 Applications received at the end of the quarter, decision pending

The Commission continues to encourage clients to participate in the Amend or End process.  Commissioners report increasing client confidence to question decisions and the reasons behind decisions, both for decisions delivered by the Commission and decisions delivered by external agencies and bodies.

Table 8: Applications to Amend or End FRA or Order by community and quarter 1 July 2012 to 30 September 2013.

Community	Qtr 17	Qtr 18	Qtr 19	Qtr 20	Qtr 21	
Aurukun	12	6	14	12	15	
Coen	2	0	0	5	1	
Hope Vale	10	6	6	2	11	
Mossman Gorge	3	2	4	6	5	
TOTAL	27	14	24	25	32	

2.  Future Direction and Challenges

Future Direction

With the election of a new Federal Government in September 2013 the Commission eagerly awaits direction from it, the Queensland Government and the Cape York Institute to provide a clear indication of priorities for 2014.  With a commitment to continuing into 2014 the Commission believes it is time to consider strategies to meet the continuing problems it faces with recalcitrant people and families within the welfare reform trial communities.  The Commission acknowledges that some clients are not moved by the current limit of 75% income management and the Local Commissioners have indicated a desire for an increase in their armour when making decisions.  The Commission will require policy consideration and direction from its Board to meet this challenge.

The Commission acknowledges its commitment to restoring local authority and a key to this objective is the engagement and development of Local Commissioners.  The Commission needs to engage further with community members to identify and recruit additional Local Commissioners to complement those already in place and to draw on the experiences of the existing Local Commissioners to provide leadership to the future Local Commissioners.

3.  Financial Operations

Governance

Part 12 of the Act provides for the establishment of the Family Responsibilities Board (the Board).

The Board has a mandate to give advice and make recommendations to the Minister about the operation of the Commission and similarly to give advice and make recommendations to the Commissioner about the performance of the Commission’s functions.

The Board must meet at least every three months.  The meeting may be held by using any technology available which will allow for efficient and effective communication, however, the Board members must meet in person at least once a year.  A quorum for the Board is comprised of two members.  The Board’s membership consists of:

•	Mr Ben Klaassen	Acting-Director-General, Department of Aboriginal and Torres Strait Island and Multicultural Affairs
•	Mr Noel Pearson		Director, Cape York Institute for Policy and Leadership
•	Mr Finn Pratt	Secretary, Department of Families, Housing, Community Services and Indigenous Affairs.

Operational

In meeting obligations under Part 3 of the Act, the Family Responsibilities Commission Registry (the Registry) commenced operations on 1 July 2008 with a central Registry office established in Cairns and local Registry offices operating in each of the four CYWR trial communities.

The Registry, managed by the Registrar, provides corporate and operational support to the Commissioner, the Local Commissioners and the Local Coordinators.

Financial

The total funding budget for the 2013-14 fiscal year is $3.149 million, $1.5 million from the Australian Government and $1.649 million from the Queensland Government.

Income:
•	Income received by the Commission for the period 1 July 2013 to 30 September 2013 totalled $6,614.  This income consisted of:
•	$6,373 interest received
•	$241 received in sundry revenue.
The balance of available funds in the bank as at 30 September 2013 is $425,899.

Expenditure:
•	Expenditure for the period 1 July 2013 to 30 September 2013 was $863,658.45.  This total represents 22 percent of the projected annual expenditure of $3.926 million as stated in the 2013-14 projected expenditure and disclosed in the Queensland State Budget 2013-14 Service Delivery Statements.

Table 9: Unaudited expenditure in quarter 21.

1 July 2013 to	Expenditure	1 July 2013 to	Expenditure	
30 September 2013	Qtr 21	30 September 2013	Qtr 21	
				
Staff employment costs	$598,950.25	Operating costs	$31,265.38	
Local Commissioner employment costs	$59,537.76	Motor vehicles	$18,324.93	
Travel costs	$50,549.74	Insurance business & audit fees	$10,180.00	
Property costs	$44,624.68	Communications	$9,538.60	
IT costs	$40,687.11	Total	$863,658.45	

Quarter 21 disbursement of expenditure by category and percentage of total expenditure.

Table 10: Total FRC Operating Costs 1 July 2013 to 30 September 2013.

Expenditure Category	Percentage of Total Expenditure	
Staff employment costs	69.36%	
Local Commissioner employment costs	6.89%	
Travel costs	5.85%	
Property costs	5.17%	
IT costs	4.71%	
Operating costs	3.62%	
Motor vehicles	2.12%	
Insurance business & audit fees	1.18%	
Communications	1.10%	

Regional operational expenditure by location and quarter.

Table 11: Operating Costs by remote location 1 July 2012 to 30 September 2013.

Community	Qtr 17	Qtr 18	Qtr 19	Qtr 20	Qtr 21	
Aurukun	$121K	$162K	$112K	$128K	$110K	
Coen	$41K	$37K	$14K	$23K	$20K	
Hope Vale	$89K	$97K	$69K	$76K	$72K	
Mossman Gorge	$36K	$37K	$32K	$54K	$40K	
TOTAL	$287K	$333K	$227K	$281K	$242K	

Cairns Registry expenditure for quarter 21 compared to the previous four quarters.

Table 12: Quarterly Operating Costs Cairns 1 July 2012 to 30 September 2013.

Community	Qtr 17	Qtr 18	Qtr 19	Qtr 20	Qtr 21	
Ending Family Violence	0	0	$20,148	$23,495	$24,259	
Gov/Board Reporting	$36,032	$50,753	$28,162	$31,870	$38,694	
Operations	$290,233	$236,620	$308,911	$310,905	$323,408	
Corporate Services	$255,243	$288,860	$252,807	$285,042	$234,800	
TOTAL	$581,508	$576,233	$610,028	$651,312	$621,161	

APPENDIX A
	SITTING CALENDAR 2013
FAMILY RESPONSIBILITIES COMMISSION
1 January 2013 to 31 December 2013		
Week Beginning	Monday	Tuesday	Wednesday	Thursday	Friday	EFVP	Other	
31 December		Public Holiday					31 Office closed for Xmas
1 New Year’s Day
Cooktown Circuit	
7 January								
14 January							15 ASC Meeting	
21 January								
28 January	Public Holiday	29	30	31			28 Australia Day	
4 February		5	6	7			4 FR Board Meeting
Cooktown Circuit	
11 February	11	12	13	14				
18 February		19	20	21			19 ASC Meeting
Aurukun cape B Circuit	
25 February		26	27	28				
4 March		5	6	7			Cooktown Circuit	
11 March	11	12	13	14				
18 March		19	20	21		19, 20, 21	19 ASC Meeting
Aurukun Cape B Circuit
Coen Cape A Circuit	
25 March		26	27	28	Public Holiday	26, 27, 28	29 Good Friday	
1 April	Public Holiday						1 Easter Monday
Cooktown Circuit	
8 April								
15 April		16	17	18		16, 17, 18	16 ASC Meeting
Aurukun Cape B Circuit	
22 April	22	23	24	Public Holiday		22, 23, 24	25 ANZAC Day	
29 April		30	1					
6 May							Commissioner Week
7 FR Board Meeting
Cooktown Circuit	
13 May		14	15	16		16, 17, 18		
20 May		21	22	23		21, 22, 23	21 ASC Meeting
Aurukun Cape B Circuit
Coen Cape A Circuit	
27 May	27	28	29	30		28, 29, 30		

	Aurukun		Coen		Hope Vale		Mossman Gorge		Office Days	

	SITTING CALENDAR 2013
FAMILY RESPONSIBILITIES COMMISSION
1 January 2013 to 31 December 2013		
Week Beginning	Monday	Tuesday	Wednesday	Thursday	Friday	EFVP	Other	
3 June		4	5	6			Cooktown Circuit	
10 June	Public Holiday	11	12	13		11, 12, 13	10 Queen’s Birthday	
17 June		18	19			17, 18, 19	18 ASC Meeting, LDF
Aurukun Cape B Circuit	
24 June								
1 July							NAIDOC, Cooktown Circuit	
8 July	8	9	10	11		9, 10, 11		
15 July		16	17	18	Public Holiday	16, 17	19 Cairns Show Day
16 ASC Meeting
Aurukun Cape B Circuit
Coen Cape A Circuit	
22 July		23	24			23, 24	22 Mossman Show	
29 July		30	31	1		30, 1	31 FR Board Meeting	
5 August						7, 8	5 Aurukun Day
Cooktown Circuit	
12 August	12	13	14	15		13, 14		
19 August		20	21	22		21, 22	20 ASC Meeting
Aurukun Cape B Circuit	
26 August		27	28	29		27, 28		
2 September		3	4	5			Cooktown Circuit	
9 September	9	10	11	12		10, 11		
16 September		17	18	19			17 ASC Meeting
Aurukun Cape B Circuit
Coen Cape A Circuit	
23 September								
30 September							Cooktown Circuit	
7 October	Public Holiday	8	9	10		9, 10	7 Labour Day	
14 October	14	15	16	17		15, 16	Aurukun Cape B Circuit	
21 October		22	23	24		22, 23	22 ASC Meeting	
28 October		29	30	31			28 FR Board Meeting	

	Aurukun		Coen		Hope Vale		Mossman Gorge		Office Days	

	SITTING CALENDAR 2013
FAMILY RESPONSIBILITIES COMMISSION
1 January 2013 to 31 December 2013		
Week Beginning	Monday	Tuesday	Wednesday	Thursday	Friday	EFVP	Other	
4 November		5	6	7		5, 6	Cooktown Circuit	
11 November		12	13	14		12, 13		
18 November		19	20	21			19 ASC Meeting
Aurukun Cape B Circuit
Coen Cape A Circuit	
25 November	25	26	27	28		26, 27		
2 December		3	4	5			Cooktown Circuit	
9 December		10	11	12		10, 11	Aurukun Cape B Circuit	
16 December								
23 December			Public Holiday	Public Holiday			25 Xmas Day, 26 Boxing Day	
30 December			Public Holiday				29, 30, 31 Office Closed for Xmas, 1 New Year’s Day	

LEGEND
	Office Days	
	Public Holidays	
	Aurukun Sitting	
	Coen Sitting	
	Hope Vale Sitting	
	Mossman Gorge Sitting	
ASC	Aurukun Shire Council Meeting	
LDF	Laura Dance Festival	
0	Cancelled Conference	
	Tentative Conference