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Where am I now? Lawlink > Law Reform Commission > Publications > Issues Paper 15 (1998) - Review of the Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW)

Issues Paper 15 (1998) - Review of the Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW)


Table of Contents

Terms of Reference
Participants
Submissions

CHAPTER 1. INTRODUCTION
TERMS OF REFERENCE
BACKGROUND TO THE REFERENCE
THIS PAPER
HAVE YOUR SAY

CHAPTER 2. POLICY OBJECTIVES OF CAMA
INTRODUCTION
RESOLVING COMPLAINTS
CHANGING ATTITUDES TOWARDS COMPLAINTS
ADMINISTRATIVE REVIEW
MONITORING SERVICES
ENCOURAGING COMPLIANCE WITH OTHER LEGISLATION
IS THE OBJECTS CLAUSE OF THE LEGISLATION APPROPRIATE?
FUNCTIONS MUST BE EXERCISED IN ACCORDANCE WITH PRINCIPLES
WHAT IS THE ROLE OF THE PRINCIPLES?
SECTION 5
IS SECTION 5 APPROPRIATE?

CHAPTER 3. COMMUNITY SERVICES COMMISSION
INTRODUCTION
THE CSC AND THE COMMISSIONER
Who is the Commissioner?
Does the Act protect the independence of the Commissioner and the CSC?
THE CSC’S FUNCTIONS
What are the CSC’s functions?
Exercising the CSC’s functions
Are the CSC’s functions appropriate?
THE CSC’S REVIEW FUNCTION
What is the review power?
DEALING WITH COMPLAINTS AGAINST SERVICE PROVIDERS
When can a complaint be made?
Who can complain?
Who should be able to make a complaint?
Procedures for dealing with complaints
Is the legislation too prescriptive?
Notifying the service provider of the complaint
Assessing the complaint
Are the time limits for assessment appropriate?
Alternative dispute resolution
Investigation
ENFORCEMENT OF THE CSC’S DECISIONS
CSC makes recommendations
Should the CSC’s recommendations be enforceable?
JURISDICTION
What are community services?
Should the CSC’s jurisdiction be extended?
POWERS
What powers does the Commissioner have?

    Powers of search and entry
    Limitations on the powers
    Enforcing the Commissioner’s powers
Are the Commissioner’s powers appropriate?

CHAPTER 4. COMMUNITY VISITORS
INTRODUCTION
WHO ARE COMMUNITY VISITORS?
Appointment of Community Visitors
Functions of Community Visitors
What functions should Community Visitors have?
JURISDICTION
Visitable services
Should the jurisdiction of Community Visitors be extended?
POWERS OF COMMUNITY VISITORS

CHAPTER 5. COMMUNITY SERVICES APPEALS TRIBUNAL AND THE ADMINISTRATIVE DECISIONS TRIBUNAL
INTRODUCTION
THE ADT AND ITS MEMBERS
Community Services Division of the ADT
Is the independence of the ADT protected?
Members’ qualifications
JURISDICTION
Reviewable decisions
Should decisions by service providers be reviewable?
STANDING
Who has standing to apply to the ADT?

    What the Act says
    Tribunal decisions
Should the standing provision be changed?
PROCEDURE
ADT proceedings
ENFORCEMENT OF DECISIONS
MISCELLANEOUS

CHAPTER 6. COMMUNITY SERVICES REVIEW COUNCIL
INTRODUCTION
WHAT IS THE REVIEW COUNCIL?
Composition of the Review Council
Functions of the Review Council
IS THE REVIEW COUNCIL NECESSARY?

Appendix A - Submissions Received

Appendix B - Objects and Principles



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