1.1 On 9 June 1998, the Attorney General, the Hon JW Shaw QC MLC, asked the Commission to:

1. Review the Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW) (the CAMA) to determine whether the policy objectives of the CAMA remain valid and whether the terms of the CAMA remain appropriate for securing those objectives; and

2. Conduct the review having regard to the obligations arising under s 126 of the CAMA and the provisions of the Subordinate Legislation Act 1989 (NSW).

BACKGROUND TO THE REFERENCE

1.2 Section 126 of the Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW) (the Act) says that the Act must be reviewed to determine whether its policy objectives remain valid, and whether its terms remain appropriate for securing those objectives, as soon as possible after five years from 8 April 1993. A report of the review is to be tabled in Parliament by 8 April 1999. The Commission is also reviewing the Disability Services Act 1993 (NSW) and has released an issues paper, Review of the Disability Services Act 1993 (NSW) (IP 16).

THIS PAPER

1.3 This paper is an issues paper. It is designed to provoke comment. It examines the provisions of the Act. It discusses the objects of the Act, and asks if they remain appropriate. It then considers what the Act has to say about the organisations it establishes: that is, the Community Services Commission (the CSC), the Community Visitors scheme, the Community Services Appeals Tribunal (the CSAT), and the Community Services Review Council (the Review Council). It asks questions about the provisions of the Act and its operation. In preparing this paper, a number of people and organisations made submissions to the Commission, identifying what they considered to be the main issues and concerns about the Act. A list of those submissions appears as Appendix A to this paper. The Commission greatly appreciates the assistance provided by these submissions.

HAVE YOUR SAY

1.4 The Commission will be undertaking community consultation during October, November and December 1998. If you wish to respond to some of the questions in the issues paper, you are invited to do so. You need not respond to all the questions. How to make a submission is outlined on page viii of this paper.