How We Work

The primary objective of the Commission, as set out in the FRC Act, is to hold conferences with community members. Conferences are held to encourage clients, individuals and families to engage in socially responsible standards of behaviour whilst promoting the interests, rights and wellbeing of children and other vulnerable persons living in the community.

The Commission may conference a community member who is a welfare recipient living in a welfare reform community if the person, or their partner, is in receipt of certain welfare payments. The full list of payments subject to income management under the Cape York initiative is available at the Australian Government Department of Social Services website – Income Management for Cape York Welfare Reform.

Intake and Assessment

The FRC Act, passed by the Queensland Parliament on 13 March 2008, sets out the statutory obligations of relevant Queensland departments to notify the Commission when a community member is not meeting pre-determined obligations.

Agency notices are received for the communities of Aurukun, Coen, Doomadgee*, Hope Vale and Mossman Gorge in the following circumstances:

  • The Department of Education (DoE) must submit a School Attendance notice to the Commission if a child is absent for three full, or part days of a school term without reasonable excuse, or submit a School Enrolment notice where a child of compulsory school age is not enrolled to attend school.
  • The Department of Child Safety, Youth and Women (DCSYW) must submit a Child Safety and Welfare notice where the Chief Executive becomes aware of an allegation of harm or risk to a child.
  • The Department of Justice and Attorney-General (DJAG) must submit a Court Offence notice if a person is convicted of an offence, or if a domestic violence protection order is made against a person.
  • The Department of Housing and Public Works (DHPW) or the provider of social housing must submit a Tenancy Breach notice if the tenant has breached their social housing tenancy agreement.

* Agency notices for the community of Doomadgee are presently received from the Department of Education and the Department of Child Safety, Youth and Women only.

Once an agency notice is received, a determination is made as to whether the person notified is within the jurisdiction of the Commission in accordance with the FRC Act. The FRC Act defines a community member as being a person who is a welfare recipient and who also lives in one of the five welfare reform communities, or has lived there for a period of at least three months. On a determination that the matter meets the relevant criteria it is deemed to be within jurisdiction. The matter is then referred to the Local Commissioners for a decision as to whether the client should attend a conference and if other associated persons should be invited to attend the conference.

Service of Notice to Attend Conference

Following a determination to proceed to conference, the client is served with a ‘Notice to Attend Conference’ at which time they are informed of the time, date and place of the conference, the purpose of the conference, what they can expect to occur and the ramifications if they fail to attend. The client is advised that they may bring a support person to the conference, such as a family member, friend or Elder. They are also advised that the FRC may ask other people to attend, for example family members and representatives from Government agencies responsible for education, child safety, housing and criminal justice to talk about the details of the notice received. In the event that a client fails to attend as per the notice, the Commission may reschedule the conference, and again a notice is served prior to the rescheduled conference.

Conference

At the conference, Commissioners discuss with the client the subject matter of the agency notice and any related problems the client wishes to raise. The conference is held in an atmosphere which is informal and confidential. Where the client’s first language is not English, the conference can be conducted in the local language of the client with Local Commissioners translating as required. Conferences are convened either with a panel comprising of the Commissioner (or Deputy Commissioner) and two Local Commissioners, or with a panel of three Local Commissioners. All Commissioners have equal authority in the decision-making process. The Commissioners must attempt to reach a unanimous decision. If a unanimous decision cannot be reached a majority decision is acceptable, however, the reasons as to why it was not unanimous must be documented. Decisions made at conference are made fairly and with the best interests of the client and their family in mind. At the conclusion of the conference Commissioners may decide that no further action is necessary, reschedule the conference, issue the client with a warning, encourage the client to enter into a Family Responsibilities Agreement (FRA), direct the client to relevant community support services or place the client on a Conditional Income Management (CIM) order.

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