|
|
|
|
 |
Where am I now? Lawlink > Law Reform Commission > Publications > Report 90 (1999) - Review of the Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW)
Report 90 (1999) - Review of the Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW) Contents Terms of reference Participants Glossary List of recommendations 1. INTRODUCTION TERMS OF REFERENCE BACKGROUND TO THE REVIEW ISSUES PAPER 15 REFERENCE GROUP PUBLIC CONSULTATIONS Submissions Public seminars
Regional seminars
Moxon, Green and Associates NSW State Network of Young People in Care Visits to institutions for people with disabilities ACKNOWLEDGEMENT STRUCTURE OF THIS REPORT 2. OBJECTS AND PRINCIPLES OF CAMA LEGISLATIVE FRAMEWORK CAMA bodies Support for CAMA OBJECTS Current law Are the current objects appropriate?
Community Visitor Scheme Consistency between objects in CAMA and the ADT Act Suggested objects clause PRINCIPLES Best interests
The Commission’s view
The Commission’s view Effect of section 5 Inconsistency with s 64 of the ADT Act Submissions The Commission’s view Review of CAMA 3. COMMUNITY SERVICES COMMISSION INTRODUCTION SUPPORT FOR THE CSC INDEPENDENCE OF THE CSC Independence of the Commissioner Rationale for the current accountability mechanism Alternative mechanisms of accountability
Term of appointment and re-appointment Termination of appointment FUNCTIONS OF THE CSC Current functions of the CSC Exercising the CSC’s functions Other potential functions for the CSC
Administration of funding to advocacy programs When can a complaint be made? Standing Procedures for withdrawing complaints Procedures for dealing with complaints
Notifying the service provider of the complaint Timeframes for assessment Written notice of a complaint by the CSC Alternative dispute resolution Protected Disclosures Act 1994 (NSW) What decisions of the CSC should be reviewable? Reasons for decisions Notification of appeal rights MONITORING AND INQUIRY Current monitoring power Should the monitoring power be broadened?
Monitoring compliance with service standards Current review power How effective is the review power? Potential overlap with the role of the Children’s Guardian Should the review power be amended?
Guidelines for assessing and declining applications for review Community awareness of CAMA JURISDICTION Current jurisdiction of the CSC Should the CSC’s jurisdiction be extended?
Populations which should be included in the CSC’s jurisdiction Time limit on jurisdiction POWERS OF THE CSC Current powers of the CSC
Enforcing the CSC powers
Broaden search and entry powers to cover all CSC functions Requiring production of documents and information Referral to service providers
4. COMMUNITY VISITOR SCHEME OVERVIEW OF THE COMMUNITY VISITOR SCHEME OTHER COMMUNITY VISITOR SCHEMES SUPPORT FOR THE COMMUNITY VISITOR SCHEME APPOINTMENT OF COMMUNITY VISITORS Current process for appointment Should the process be changed? Terms of appointment and re-appointment Termination of appointment SKILLS AND QUALIFICATIONS Current skills and qualifications Do Community Visitors require any other skills and qualifications? Exclusion of DOCS and ADD employees from appointment as Community Visitors FUNCTIONS OF COMMUNITY VISITORS Functions and powers to be outlined in CAMA Current functions of Community Visitors Are Community Visitors’ current functions appropriate? FREQUENCY OF VISITS How often are services currently visited? Should services be visited more frequently? JURISDICTION Visitors’ current jurisdiction Should the jurisdiction be extended? TRAINING Current training Is there a need for further training?
Training on communication with children and young people Current monitoring Is there a need for further monitoring? POWERS OF COMMUNITY VISITORS Power of entry without notice A RIGHT FOR RESIDENTS TO SEE A COMMUNITY VISITOR RESOURCES 5. COMMUNITY SERVICES DIVISION OF THE ADT EFFECT OF THE NEW ADT Merits review Structure of the Tribunal INDEPENDENCE OF THE CS DIVISION Impact of the new ADT on the independence of the CS Division CONSTITUTION OF THE TRIBUNAL CS Division Selection for appointment Qualifications for assignment to the CS Division
Knowledge of issues affecting children and young persons Membership should be more diverse Terms of appointment
Should members be appointed until retirement age? What is an appropriate fixed term? The Commission’s view PRINCIPLES FOR THE REVIEW OF DECISIONS What decisions should be reviewable? What decisions should not be reviewable?
Decisions to grant funding to particular programs Decisions to grant funding to specific individuals or organisations Decisions not to renew funding Decisions to withdraw funding
Submissions The Commission’s view
Decisions under child protection legislation
Licensing of child care services, residential services and fostering authorities Decisions to exclude a person from a children’s service Decisions to impose conditions on an authorised carer Decisions relating to the employment of children
Decisions relating to the approval of applicants as suitable to adopt Assignment to the CS Division
Decisions of the CSC when dealing with a complaint Decisions not to implement CSC recommendations following a complaint The Commission’s view Appeals from CSC recommendations arising out of a review or inquiry The Commission’s view
Major issues Decisions made by the Disability Services Quality Assurance Council (DisQAC) Decisions to impose sanctions Other suggestions Reasons for decisions
Requirements under the ADT Act Information about rights and obligations inadequate Exceptions under CAMA STANDING The standing provision under CAMA
Unjustifiably interfering Next friend The Commission’s view PROCEDURE Procedure of the CSAT Procedure under the ADT Act
Procedures may differ between Divisions Rule Committee Conduct of proceedings Pre-hearing procedures Should procedural issues be determined by a legal member sitting alone? Late applications Representative actions
The Commission’s report on the Anti-Discrimination Act 1977 Power to decline to hear an application Power to make recommendations Representation
Costs
Criteria to determine “special circumstances” Internal review Appeals to the Appeal Panel of the ADT Appeals to the Supreme Court GOVERNMENT POLICY Appropriateness of s 64 Inconsistency with s 5 of CAMA 6. COMMUNITY SERVICES REVIEW COUNCIL BACKGROUND WHAT IS THE REVIEW COUNCIL? Composition of the Review Council Functions of the Review Council OPERATION OF THE REVIEW COUNCIL Limitations on its effectiveness Do the Review Council’s functions overlap or duplicate the functions of other bodies?
Disability Council of NSW THE COMMISSION’S VIEW Expert advisory committee Inter-agency forum APPENDICES APPENDIX A: Reference Group Members APPENDIX B: Submissions TABLE OF LEGISLATION TABLE OF CASES SELECT BIBLIOGRAPHY |
|||||||||||
|
|||||||||||||
