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This is a Bill, not an Act. For current law, see the Acts databases.


COMMUNITY SERVICES (COMPLAINTS, REVIEWS AND MONITORING) AMENDMENT (APPLICATION) BILL 2001 (NO. 2)





                               New South Wales




Community Services (Complaints,
Reviews and Monitoring) Amendment
(Application) Bill 2001 (No 2)

Contents
                                                                        Page

                  1 Name of Act                                             2
                  2 Commencement                                            2
                  3 Amendment of Community Services (Complaints,
                    Reviews and Monitoring) Act 1993 No 2                   2
        Schedule 1 Amendments                                               3




b01-405-p01.806
                              New South Wales




Community Services (Complaints,
Reviews and Monitoring) Amendment
(Application) Bill 2001 (No 2)

No     , 2001



A Bill for

An Act to amend the Community Services (Complaints, Reviews and Monitoring)
Act 1993 to extend the application of that Act to the exercise of functions under the
community welfare legislation, to extend the category of service providers to which
that Act applies and to extend the investigative powers of the Community Services
Commission; and for other purposes.
Clause 1         Community Services (Complaints, Reviews and Monitoring) Amendment
                 (Application) Bill 2001 (No 2)




The Legislature of New South Wales enacts:                                           1

   1     Name of Act                                                                 2
             This Act is the Community Services (Complaints, Reviews and             3
             Monitoring) Amendment (Application) Act 2001.                           4

   2     Commencement                                                                5
             This Act commences on the date of assent.                               6

   3     Amendment of Community Services (Complaints, Reviews and                    7
         Monitoring) Act 1993 No 2                                                   8
             The Community Services (Complaints, Reviews and Monitoring) Act          9
             1993 is amended as set out in Schedule 1.                               10




Page 2
Community Services (Complaints, Reviews and Monitoring) Amendment
(Application) Bill 2001 (No 2)

Amendments                                                           Schedule 1




Schedule 1          Amendments                                                         1

                                                                         (Section 3)   2


 [1]   Section 4 Definitions                                                           3

       Omit the definition of community service. Insert instead:                       4
                  community service means:                                             5
                  (a)     a service provided, or a function exercised, under the       6
                          community welfare legislation, or                            7
                  (b)     a service provided, or a function exercised, by a person      8
                          or organisation that is covered by an arrangement             9
                          referred to in paragraph (f) of the definition of service    10
                          provider in this section.                                    11

 [2]   Section 4, definition of "service provider"                                     12

       Insert at the end of paragraph (f):                                             13
                            , or                                                       14
                    (g)     the Children's Guardian, an acting Children's Guardian,    15
                            or an authorised carer or designated agency, within the    16
                            meaning of the Children and Young Persons (Care and        17
                            Protection) Act 1998.                                      18

 [3]   Section 4 (2)                                                                   19

       Insert at the end of section 4:                                                 20
               (2) A reference in this Act to the provision of a community service     21
                   to a person (however expressed) includes, where the                 22
                   community service in question is the exercise of a function, a      23
                   reference to the exercise of the function in respect of the         24
                   person.                                                             25
                                                                                       26




                                                                            Page 3
                   Community Services (Complaints, Reviews and Monitoring) Amendment
                   (Application) Bill 2001 (No 2)

Schedule 1         Amendments




 [4]     Section 84A                                                                   1

         Insert after section 84:                                                      2

         84A    Commissioner may require information or production of                  3
                documents                                                              4
                (1) In connection with the exercise of the Commission's functions      5
                    under section 83 (1) (d) or (e), the Commissioner may, by          6
                    notice in writing served on a service provider, require the        7
                    service provider to do any or all of the following within the      8
                    time and in the manner specified in the notice:                    9
                    (a)    to provide information to the Commission relating to a      10
                           community service provided by the service provider,         11
                    (b)    to produce to the Commission records or copies of           12
                           records relating to a community service provided by the     13
                           service provider.                                           14
                (2) A service provider must comply with the requirements of a          15
                    notice served on the service provider under this section.          16
                      Maximum penalty (subsection (2)): 20 penalty units.              17




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