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

1. Review the Community Services (Complaints, Appeals and Monitoring Act) 1993 (NSW) (“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 REVIEW

1.2 Section 126 of CAMA states that the Act must be reviewed to determine whether its policy objectives remain valid and whether its terms remain appropriate for securing those objectives. The review was required to be conducted as soon as possible after five years from the date of assent of the Act (8 April 1993), and tabled in Parliament by 8 April 1999. The Commission has also reviewed the Disability Services Act 1993 (NSW) (“DSA”) as part of the same reference.¹

1.3 The Subordinate Legislation Act 1989 (NSW) states that statutory rules are repealed on 1 September following the fifth anniversary of the date of publication of the rule.² This means that the Community Services (Complaints, Appeals and Monitoring) Regulation 1996 (NSW) (“CAMA Reg”) will be repealed on 1 September 2001.

ISSUES PAPER 15

1.4 In September 1998, the Commission published Issues Paper 15, Review of the Community Services (Complaints, Appeals and Monitoring Act 1993 (NSW) (IP 15) and Issues Paper 16, Review of the Disability Services Act 1993 (NSW) (IP 16). The papers were designed to stimulate community debate and submissions to the Commission about the Acts.

1.5 IP 15 asked questions about the provisions of CAMA and how they operate in practice. It discussed the objects of CAMA, and considered the provisions of the Act in relation to the following bodies established under CAMA:

• the Community Services Commission (“CSC”);
• the Community Visitors Scheme;
• the Community Services Appeals Tribunal (“CSAT”), which has now become the Community Services Division (“CS Division”) of the Administrative Decisions Tribunal (“ADT” or “Tribunal”); and
• the Community Services Review Council (“Review Council”).

1.7 The reviews of CAMA and the DSA were also publicised in six newspapers for a variety of non-English speaking populations, on SBS radio, community radio stations and 2DAY-FM radio.

REFERENCE GROUP

1.8 With the assistance of the Disability Council of NSW, the Commission convened a ten-member Reference Group, which was representative of consumers, service providers, advocates, families and carers, to provide advice on the conduct of the reviews of CAMA and the DSA. Members were also appointed to represent the views and interests of Aboriginal and Torres Strait Islander people and those from a non-English speaking background. A list of members of the Reference Group is provided at Appendix A. The Group met on four occasions and provided comments on drafts of the Issues Papers and final Reports. The Commission is very grateful for the time members of the Reference Group gave to attend meetings and for their generosity in contributing their expertise.

PUBLIC CONSULTATIONS

Submissions

1.9 The Commission asked for submissions from the public by 14 December 1998. However, the Commission continued to accept submissions in January and February 1999. A number of people and organisations provided submissions on both CAMA and the DSA.³ A full list of the 96 submissions received is provided at Appendix B.

1.10 Many of the submissions were very detailed. They covered a very broad range of stakeholders with an interest in CAMA, including people with disabilities, their families, advocacy groups, peak consumer groups, people with an interest in community services, and non-government providers of services to people with disabilities or to children and young people. The peak groups who made submissions had often themselves conducted extensive consultations with their members for the purposes of drafting their submissions to the Commission. Staff of the Commission attended several of these consultations.

1.11 Submissions were also received from some government agencies, including the Local Government and Shires Association of NSW, the Ombudsman, the CSC and the former CSAT. A submission was received from the Minister for Community Services, the Hon Faye Lo Po MLC, representing a “whole of government” response on behalf of government agencies.

1.12 As well as calling for and receiving submissions, the Commission conducted two alternative methods of consultation: public seminars and small focus groups with consumers of community services. This was to ensure that the Commission heard from as wide a range of people as possible in the relatively short time-frame available.

Public seminars

1.13 The Commission conducted seven public seminars on CAMA and the DSA in Sydney and selected country areas over a three week period between 18 November and 2 December 1998. The issues raised in IP 15 and IP 16 formed the basis of the discussions. Participants were given an opportunity to raise topics that were not covered in the Issues Papers. These seminars were well-attended and provided dynamic forums in which issues could be discussed openly. Importantly, they also allowed the Commission to see how CAMA and the DSA were working in practice.

Sydney seminars

1.14 Four seminars were held in Sydney. Three of these were with particular groups of stakeholders in the disability area:

• service providers (18 November 1998);
• consumers of disability services (20 November 1998); and
• advocacy groups, and families and carers of people with disabilities (30 November 1998).

1.15 Since the above meetings focused largely on the DSA, another seminar primarily on CAMA was arranged with children’s advocacy groups and providers of services to children and young people (2 December 1998).

Regional seminars

1.16 Three public seminars were also held in regional areas of NSW for anyone with an interest in CAMA or the DSA. These were held at:

• Wagga Wagga (23 November 1998);
• Maitland (24 November 1998); and
• Ballina (26 November 1998).

1.17 In conducting a review of legislation that can have an important impact on the lives of consumers of community services, it is vital that the views of those consumers be heard. This sometimes does not happen. For example, a report by the Disability Council of NSW found that people with disabilities often feel that there is inadequate consultation with them on important policy issues.⁴

1.18 The Commission was aware that consumers of community services, such as people with a disability and children and young people in care, might be less likely than other people to make written submissions and attend the Commission’s public seminars. The Commission was also aware that there could be additional cultural and language barriers for these people. It therefore commissioned three organisations to conduct small focus groups with consumers of community services, including Aboriginal and Torres Strait Islander people and people from non-English speaking backgrounds. Two of the organisations focused on consumers of disability services, and one on children and young people in care and formerly in care. The findings of these consultations have been published separately in a Research Report.⁵

Juliet London Research and Consultancy

1.19 Nine focus groups were conducted with people with intellectual, physical, sensory and psychiatric disabilities, autism and acquired brain injury. Twenty individual interviews were also conducted with people with intellectual, physical and sensory disabilities, acquired brain injury, and carers of people with intellectual disabilities. The research was conducted in the Sydney metropolitan area and in the Illawarra and Broken Hill regions. Fifteen Aboriginal and Torres Strait Islander people and people from a non-English speaking background were included in this project.

Moxon, Green and Associates

1.20 Two focus groups were conducted in Sydney. One was with children aged between 11 and 15 years with a physical disability, and the other was with people with an intellectual disability from non-English speaking backgrounds. An informal spontaneous discussion was also held with the parents of the children in the first focus group, facilitated by one of the parents.

NSW State Network of Young People in Care

1.21 The NSW State Network of Young People in Care (“SNYPIC”) is the peak consumer group for young people in care. Four focus groups were conducted in Sydney with young people in care (in services in Sydney) and formerly in care.

Community Visitor Survey

1.22 A detailed submission was made to the Commission about the Community Visitor Scheme on behalf of all the Community Visitors.⁶ To obtain further information from Community Visitors about the operation of the Community Visitor Scheme and their views on how it could be improved, the Commission asked the CSC to distribute a questionnaire in December 1998 to all Community Visitors (31 at that time). Seventeen Community Visitors (55%) provided their completed questionnaires to the Commission. The results of this survey are referred to as the “Community Visitor Survey”.

Visits to institutions for people with disabilities

1.23 Staff of the Commission also made several visits to institutions for people with disabilities in the Sydney area. Some of these were with Community Visitors.

ACKNOWLEDGEMENT

1.24 This Report takes into account all the views expressed in written and oral submissions, public seminars, consultations with individuals involved in areas related to CAMA, the focus groups, and research literature. The Commission thanks the individuals and organisations who gave time and resources to the review.

STRUCTURE OF THIS REPORT

1.25 This Report presents the Commission’s findings on the terms of reference and its recommendations for changes to CAMA.

1.26 In Chapter 2, the Commission reports on the overwhelming support for the legislative scheme established by CAMA. It reviews the objects of CAMA and the principles intended to guide persons and bodies performing functions under the Act.

1.27 Chapter 3 discusses the CSC. It examines the following issues: support for the CSC; the independence of the CSC; the functions of the CSC generally; the complaints handling function; the monitoring and inquiry function; the review function; the education and development function; the jurisdiction of the CSC; powers of the CSC; enforcement of CSC recommendations; and funding.

1.28 Chapter 4 reviews the Community Visitor Scheme. It briefly describes Visitor Schemes operating in other contexts, and reports both the support for the Community Visitor Scheme and the need to change certain aspects of its operation. It then outlines the key aspects of the Scheme: the independence and appointment of Visitors; skills and qualifications for appointment; Visitors’ functions; the frequency of visits; the jurisdiction of the Scheme; training; monitoring and supervision; Visitors’ powers; and a right for residents to see a Visitor.

1.29 Chapter 5 discusses the CS Division of the ADT. It considers the major issues affecting the CS Division including its composition and jurisdiction, standing to bring proceedings, and procedural matters. In particular, the Commission examines the impact on community services appeals of the reconstitution of the former CSAT as a Division of the ADT, and outlines the notable changes effected by the Administrative Decisions Tribunal Act 1997 (NSW) (“ADT Act”).

1.30 In Chapter 6, the Commission examines the role, functions and effectiveness of the Review Council, the last of the four bodies established under CAMA.

FOOTNOTES

1. New South Wales Law Reform Commission, Review of the Disability Services Act 1993 (NSW) (Report 91, 1999).

2. Subordinate Legislation Act 1989 (NSW) s 10(2)(b).

3. For the purpose of this Report, the Commission has identified these separately as CAMA Submission and DSA Submission. Where the Commission received several submissions from the same person or organisation, these have been numbered chronologically, for example, CAMA Submission 3.

4. New South Wales, Disability Council of NSW, Consultation and People with a Disability: Issues for Public Sector Managers in NSW (1997) at vii.

5. New South Wales Law Reform Commission, Review of the Disability Services Act 1993 (NSW) and the Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW): Consultations (Research Report 9, 1999) (“RR 9”).