Section 3(1) should be amended to provide that the objects of CAMA are:

• to foster, in community services and programs, and in related services and programs, an atmosphere in which complaints, independent monitoring, reviews of persons in care and administrative review are viewed positively as ways of enhancing service delivery;
• to provide an independent and accessible process for the resolution of complaints;
• to encourage, wherever reasonable and practical, the resolution of complaints at a local level or through alternative dispute resolution methods;
• to provide for independent monitoring of the sector generally and services in particular (including monitoring the progress of recommendations made by the Community Services Commission);
• to provide an independent process for the review of persons in care;
• to promote access by residents to independent persons for support and assistance through the Community Visitor Scheme;
• to encourage compliance with provisions of community welfare legislation; and
• to facilitate greater community awareness of CAMA and the agencies it establishes.

RECOMMENDATION 2

Section 3(2) should be amended so that the following principles must be observed by all persons when exercising functions under this Act:

• in relation to all administrative or legal processes under the Act, the safety, welfare and interests of a person receiving a service, or eligible to receive a service, should be given paramount consideration;
• the views of a person receiving a service, or eligible to receive a service, should be taken into consideration in relation to any decision, process or action taken under the Act;
• · a person receiving a service, or eligible to receive a service, is entitled to an adequate explanation of the service and of any decision, process or action taken under the Act, and may question decisions or actions that affect the person in relation to the service;
• the legal and human rights of a person receiving a service, or eligible to receive a service should be respected (including any need for privacy or confidentiality);
• the importance of family relationships and the cultural and linguistic backgrounds of persons receiving a service, or eligible to receive a service, should be recognised;
• the importance of encouraging consultation and cooperation with other relevant agencies and persons should be recognised;
• a service provider is, to the best of his or her ability, to provide such information about the service as may enable an appropriate decision to be made by the person for whom the service is, or is to be, provided;
• a service provider is to enable a complaint about the service to be dealt with fairly, informally and quickly at a place convenient to the complainant;
• a complaint about a service is to be dealt with even if it is made by another person on behalf of the person receiving, or eligible to receive, the service; and
• the community should be encouraged to apply and promote these principles.

RECOMMENDATION 3

Section 5 should be repealed.

RECOMMENDATION 4

Section 126 of CAMA should be amended to provide that the Act be reviewed as soon as possible after the period of five years from the date that this Report is tabled in Parliament. The purpose of the review would be to determine whether the objectives of the Act remain valid and the terms of the Act remain appropriate for securing those objectives. The Act should require that the Minister table a report of the review in both Houses of Parliament within a further 12 months.

RECOMMENDATION 5

The current structure of the Community Services Commission should be retained.

RECOMMENDATION 6

A Parliamentary Joint Committee should be established to oversee the operation of the Community Services Commission.

The Community Services Commissioner should be appointed by the Governor-in-Council, after approval by the Parliamentary Joint Committee.

The selection process for the Community Services Commissioner should include community input (for example, including community representatives on the selection panel).

RECOMMENDATION 7

There should be no change to s 78(3). The Community Services Commissioner may be appointed for a term of up to five years and is eligible for re-appointment.

RECOMMENDATION 8

The criteria for dismissal of the Community Services Commissioner in s 78(4) should be retained.

RECOMMENDATION 9

The functions of the Community Services Commission should include the promotion and encouragement of improved relationships between service providers, consumers, family members, carers, advocates and their representatives.

RECOMMENDATION 10

The Community Services Commission should not be given an additional function of administering funding for advocacy programs.

RECOMMENDATION 11

The requirement in s 15(1) for written withdrawal of a complaint should be retained.

RECOMMENDATION 12

Part 4 should be redrafted to ensure that it contains all core provisions conferring substantive rights and duties on the Community Services Commission and on parties involved in complaints.

All references in the Act to the Investigative Division and the Conciliation Division of the Community Services Commission should be removed. Section 16 should be repealed, and other related sections amended to delete references to these Divisions.

RECOMMENDATION 13

Section 19 should be amended to provide that where the Community Services Commission is unable to deal with a complaint within the specified timeframe and where it proposes to continue its investigation, the Community Services Commission must notify all parties of this fact and the reasons for it.

The Community Services Commission should also be required to report on the number of such cases and reasons for the extension of the timeframe in its Annual Report.

Section 19 should also provide that failure to comply with the specified timeframe does not invalidate any finding or decision of the Community Services Commission.

RECOMMENDATION 14

Section 14(1) should be amended to require the Community Services Commission to give written notice of the making of a complaint to the person against whom the complaint is made within seven days unless the complaint has been resolved.

RECOMMENDATION 15

Section 117(1) should include retribution against a service user as a ground for the offence, in addition to retribution against a person who makes a complaint or provides information, documents or evidence.

RECOMMENDATION 16

The functions of the Community Services Commission should include investigating, reviewing and monitoring deaths of “persons in care” and “children in care” who reside in “visitable services” or are temporarily absent from such services at the time of death.

RECOMMENDATION 17

The Community Services Commission should not be given the function of monitoring compliance with service standards.

RECOMMENDATION 18

The Community Services Commission and the Children’s Guardian should develop protocols concerning reviews of children in care to ensure there is no unnecessary overlap in the work carried out by them.

RECOMMENDATION 19

The time limit restriction on the exercise of the review power should be removed.

RECOMMENDATION 20

The Community Services Commission should have the power under s 11 to review groups of children and adults in care as well as individuals.

RECOMMENDATION 21

The Community Services Commission should make education of consumers and their families and advocates about CAMA a priority under its education and development function.

RECOMMENDATION 22

The Community Services Commission should develop protocols with other complaints bodies to enable cross-referral of cases where appropriate. There should also be provision in the Act for conferral of appropriate jurisdiction.

RECOMMENDATION 23

Boarding houses licensed under s11 of the Youth and Community Services Act 1973 (NSW) should be included in the jurisdiction of the Community Services Commission.

RECOMMENDATION 24

The jurisdiction of the Community Services Commission to deal with children and young persons in foster care under its review function should be extended to include the complaints and monitoring functions.

RECOMMENDATION 25

The jurisdiction of the CSC should be extended to include the Children’s Guardian in exercising the parental responsibilities of the Minister in relation to children and young persons.

RECOMMENDATION 26

The definitions of “community service” and “service provider” should be amended to clarify that the jurisdiction of the Community Services Commission includes all child protection matters for the purposes of all its functions.

RECOMMENDATION 27

Section 84 should explicitly provide that the Community Services Commission’s search and entry powers cover all their functions.

RECOMMENDATION 28

Section 84(4) should be amended to explicitly require service providers to answer questions and produce records where requested to do so by the Community Services Commission.

RECOMMENDATION 29

The Community Services Commission should have the power to refer matters to service providers for (a) investigation of a complaint and (b) review of individual circumstances. This should include an investigation or review of the death of a person in care.

The Community Services Commission should direct the nature and scope of the inquiry and retain the right to conduct its own investigation or review where it is not satisfied with the progress or the outcome.

Any recommendations endorsed by the Community Services Commission should be regarded as recommendations of the Community Services Commission for other purposes.

RECOMMENDATION 30

Section 38(2)(a) should be amended to require service providers to provide information on the implementation of Community Services Commission recommendations made pursuant to all its functions.

RECOMMENDATION 31

The Community Visitor Scheme should be retained.

RECOMMENDATION 32

Section 7(1) should be amended to require that the Minister appoint Community Visitors on the recommendation of the Community Services Commissioner. The requirement for the Minister to consult with the Community Services Review Council should be removed.

Section 7(4) should be retained. This exempts Community Visitors from the operation of the Public Sector Management Act 1988 (NSW).

RECOMMENDATION 33

The Minister should be given the power to terminate a Community Visitor’s appointment on the grounds of incapacity, incompetence or misbehaviour.

RECOMMENDATION 34

Section 7(2)(a)-(c) should be retained. This sets out the criteria for appointment of Community Visitors.

RECOMMENDATION 35

Section 7(2)(d) should be amended to provide that a person should not be appointed as a Community Visitor if that person is employed in a capacity which could create an actual or perceived conflict between the interests of residents and those of the Community Visitor or his or her employer.

RECOMMENDATION 36

Part 2 of the Act should be redrafted to clearly identify the functions and powers of Community Visitors.

RECOMMENDATION 37

The jurisdiction of the Community Visitor Scheme as defined in s 8(4) should be retained.

RECOMMENDATION 38

The CSC should ensure that all Community Visitors receive adequate and appropriate training to carry out their functions effectively and efficiently. This includes training on cultural issues and communication with children and young people.

RECOMMENDATION 39

Section 9 should be amended to provide that the Community Services Commissioner is also responsible for the monitoring and supervision of Community Visitors.

RECOMMENDATION 40

The power in s 8(1)(a)-(c) should be retained. This gives Community Visitors the right to enter and inspect visitable services at any reasonable time, confer alone with residents or staff there, and inspect documents on the premises.

RECOMMENDATION 41

Any person resident in a visitable service should have the right to confer alone with a Community Visitor.

RECOMMENDATION 42

Schedule 2 cl 1(3) of the Administrative Decisions Tribunal Act 1997 (NSW) should be amended to include disability issues and issues relating to the care or welfare of children and young people in the list of subject matters of which applicants should have knowledge and experience.

RECOMMENDATION 43

The following decisions relating to the licensing of child care services, residential services and fostering authorities made under the Children and Young Persons (Care and Protection) Act 1998 (NSW) should be reviewable by the Community Services Division of the Administrative Decisions Tribunal:

• a decision to grant or refuse to grant a licence to operate a children’s service;
• a decision to exclude a person from a children’s service; and
• a decision to impose, revoke or vary a condition on the authorisation of a person as an authorised carer.

RECOMMENDATION 44

A decision to revoke an exemption under s 224(3) of the Children and Young Persons (Care and Protection) Act 1998 (NSW) should be reviewable by the Community Services Division of the Administrative Decisions Tribunal.

RECOMMENDATION 45

Section 14 of the Adoption of Children Act 1965 (NSW) should be repealed and s 67A should be amended to allow appeals against the following decisions:

• a decision to grant or refuse an application for approval of an adoption agency;
• a decision to impose conditions or remove or vary conditions on an approval;
• a decision to revoke or suspend the approval of an adoption agency; and
• a decision which is within a class of decisions prescribed by the Regulation for the purposes of this section.

Decisions which are reviewable decisions under the Adoption of Children Act 1965 (NSW) and the Adoption of Children Regulation 1995 (NSW) should be assigned to the Community Services Division of the Administrative Decisions Tribunal.

RECOMMENDATION 46

Section 40(1)(b) and (c) of CAMA should be repealed.

RECOMMENDATION 47

Decisions by the Community Services Commission, under CAMA, to decline to entertain a complaint, dismiss a complaint or terminate a complaint should be reviewable by the Community Services Division of the Administrative Decisions Tribunal.

RECOMMENDATION 48

Clause 6(1)(a) and cl 6(2) of the CAMA Regulation should be repealed.

CAMA should be amended to provide that a decision of a service provider not to implement, or only partially implement, recommendations of the Community Services Commission arising out of the investigation of a complaint may be reviewed by the Community Services Division of the Administrative Decisions Tribunal.

RECOMMENDATION 49

Section 20 of the DSA and cl 6(1)(b) and (c) and cl 6(2) of the CAMA Regulation should be repealed and replaced by the following.

The DSA should be amended to provide that the following decisions are reviewable by the Administrative Decisions Tribunal:

• a decision by the Disability Services Quality Assurance Council:
• to certify or refuse to certify a Stage 1 or Stage 2 transition service;
• to certify or refuse to certify a new service as conforming with the objects, principles and applications of principles under the DSA; and
• that a service has or has not complied with the requirements of the quality assurance process.
• a decision by the Minister to:
• vary the terms or conditions of funding;
• appoint an administrator for a service;
• stop a service from admitting any more clients; and
• require a person receiving individual funding to seek help from a service to administer the funds.

RECOMMENDATION 50

The following decisions under the Youth and Community Services Act 1973 (NSW) should be reviewable by the Community Services Division of the Administrative Decisions Tribunal:

• a decision to refuse to grant a licence to operate a boarding house;
• a decision to impose additional conditions, or revoke or vary existing conditions, on a licence.

RECOMMENDATION 51

Clause 10 of the CAMA Regulation should be repealed.

CAMA should expressly indicate what are the decisions in respect of which reasons should be given, either automatically, or upon request.

RECOMMENDATION 52

Section 41 relating to standing should remain unchanged.

RECOMMENDATION 53

All provisions in CAMA relating to the powers and procedures of the Community Services Division of the Administrative Decisions Tribunal should be transferred to a Schedule to the Administrative Decisions Tribunal Act 1997 (NSW).

RECOMMENDATION 54

The ADT Act should be amended to allow a legally qualified member sitting alone to determine procedural matters prior to the actual hearing.

RECOMMENDATION 55

Section 42 of CAMA should be repealed and incorporated in a Schedule to the Administrative Decisions Tribunal Act 1997 (NSW) which deals with the powers and procedures of the Community Services Division.

Consideration should be given to the recommendations of the Commission in its forthcoming Report on the Review of the Anti-Discrimination Act 1977 (NSW) for the adoption of the representative procedure as contained in Part IV of the Federal Court Act 1976 (Cth).

RECOMMENDATION 56

Section 43 of CAMA should be repealed and incorporated in a Schedule to the Administrative Decisions Tribunal Act 1997 (NSW) which deals with the powers and procedures of the Community Services Division.

RECOMMENDATION 57

Section 44(1) of CAMA should be repealed.

RECOMMENDATION 58

Section 44(2) of CAMA should be repealed and incorporated in a Schedule to the Administrative Decisions Tribunal Act 1997 (NSW) which deals with the powers and procedures of the Community Services Division.

RECOMMENDATION 59

Section 45 of CAMA should be repealed and incorporated in a Schedule to the Administrative Decisions Tribunal Act 1997 (NSW) which deals with the powers and procedures of the Community Services Division.

RECOMMENDATION 60

Section 45(3) of CAMA and cl 7 of the CAMA Regulation should be repealed and be effectively replaced by s 71 of the Administrative Decisions Tribunal Act 1997 (NSW).

RECOMMENDATION 61

Section 126 of the ADT Act should be confined in its application to community service matters.

RECOMMENDATION 62

Section 46 of CAMA should be repealed.

RECOMMENDATION 63

In determining whether the circumstances of the case justify the making of a costs order under s 88 of the ADT Act, the CS Division should consider:

• whether any important public policy considerations were raised;
• the behaviour of the parties during the inquiry process;
• whether the complaint was pursued in a genuine belief that it had merit; and
• whether the matter was dismissed on the basis that it was frivolous or vexatious.

RECOMMENDATION 64

Section 5 of CAMA should be repealed. (see Rec 3)

RECOMMENDATION 65

The Community Services Review Council should be abolished. In its place, the Community Services Commissioner should develop appropriate consultation mechanisms with persons representing the interests of consumers, families, carers, advocates and service providers. It should also establish an inter-agency forum comprising the heads of all relevant agencies to discuss ways of ensuring more efficient and effective co-ordination of services.