10061 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 237 Friday,New 29 SouthNovember Wales 2002 Published under authority by the Government Printing Service LEGISLATION ProclamationProclamations under the New South Wales Community Services Legislation Amendment Act 2002 No 42 New South Wales , Governor ProclamationI, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the underCommunity the Services Legislation Amendment Act 2002, do, by this my ProclamationProclamation, appoint 1 December 2002 as the day on which that Act Communitycommences. Services Legislation Amendment Act 2002 No 42 underSigned the and sealed at Sydney, this day of 2002. Community Services Legislation Amendment Act 2002 No 42 By Her Excellency’s Command,MARIE BASHIR,, Governor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Community Services Legislation Amendment Act 2002, do, by, Governor this my Proclamation, appoint 1 December 2002 as the day on which that Act commences.I, Professor Marie Bashir AC, Governor of theMinister State of for New Community South Wales, Services with the advice of the Executive Council, and in pursuance of section 2 of the CommunitySigned andand sealedsealed Services atat Sydney,Sydney, LegislationGOD this this SAVE 27th Amendment day THE of QUEEN! dayNovember Act of 2002 2002., do, by 2002. this my Proclamation, appoint 1 December 2002 as the day on which that Act commences. By Her Excellency’s Command, Signed and sealed at Sydney, this day of 2002. By Her Excellency’s Command,CARMEL TEBBUTT, M.L.C., L.S. MinisterMinister for for Community Community Services GOD SAVE THE QUEEN! Minister for Community Services GOD SAVE THE QUEEN! p02-153-p01.07 Page 1 C:\Docs\ad\p02-153-07\p01\SIExnote.fm 27/11/02, 2:54pm p02-153-p01.07 Page 1 p02-153-p01.07 Page 1 C:\Docs\ad\p02-153-07\p01\SIExnote.fm 27/11/02, 2:54pm C:\Docs\ad\p02-153-07\p01\SIExnote.fm 27/11/02, 2:54pm 10062 LEGISLATION 29 November 2002 Physiotherapists Act 2001 No 67— Proclamation MARIE BASHIR,, Governor Governor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Physiotherapists Act 2001, do, by this my Proclamation, appoint 1 December 2002 as the day on which the uncommenced provisions of that Act commence. SignedSigned and sealedsealed atat Sydney, Sydney, this this 27th day day of of November 2002. 2002. By Her Excellency’s Command, L.S. CRAIG KNOWLES, M.P., MinisterMinister for Health GOD SAVE THE QUEEN! Explanatory note The object of this proclamation is to commence the bulk of the Physiotherapists Act 2001.The amendments made by that Act to the Medical Practice Act 1992 commenced on 22 February 2002, and other amendments made by that Act to the Chiropractors Act 2001 and the Osteopaths Act 2001 commenced on 1 August 2002. p02-077-p02.811 P:\pr\02\p02-077-p02.811 27/11/02, 2:59p NEW SOUTH WALES GOVERNMENT GAZETTE No. 237 29 November 2002 LEGISLATION 10063 Regulations New South Wales Community Services (Complaints, Appeals and Monitoring) Amendment Regulation 2002 under the Community Services (Complaints, Reviews and Monitoring) Act 1993 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Community Services (Complaints, Reviews and Monitoring) Act 1993. CARMEL TEBBUTT, M.L.C., Minister for Community Services Minister for Community Services Explanatory note The object of this Regulation is to amend the Community Services (Complaints, Appeals and Monitoring) Regulation 1996 as follows: (a) to update the name of the Regulation, (b) to make consequential amendments to the Regulation as a result of the commencement of the Community Services Legislation Amendment Act 2002, (c) to provide as a transitional measure for certain statutory reports, required to be made by the former Community Services Commission and the former Commissioner for Community Services, to be completed or made by the Ombudsman, (d) to make a transitional provision to enable the Child Death Review Team to report on certain deaths occurring on or before 31 December 2002. This Regulation is made under the Community Services (Complaints, Reviews and Monitoring) Act 1993, including sections 28, 33, 45 and 52 (the general regulation- making power) and clause 1 of Schedule 1. r02-369-p01.07 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 237 C:\Docs\ad\r02-369-07\p01\SIExnote.fm 27/11/02, 2:53pm 10064 LEGISLATION 29 November 2002 Community Services (Complaints, Appeals and Monitoring) Amendment Clause 1 Regulation 2002 Community Services (Complaints, Appeals and Monitoring) Amendment Regulation 2002 under the Community Services (Complaints, Reviews and Monitoring) Act 1993 1 Name of Regulation This Regulation is the Community Services (Complaints, Appeals and Monitoring) Amendment Regulation 2002. 2 Commencement This Regulation commences on the commencement of the Community Services Legislation Amendment Act 2002. 3 Amendment of Community Services (Complaints, Appeals and Monitoring) Regulation 1996 The Community Services (Complaints, Appeals and Monitoring) Regulation 1996 is amended as set out in Schedule 1. Page 2 C:\Docs\ad\r02-369-07\p01\SIBody.fm 27/11/02, 2:53pm NEW SOUTH WALES GOVERNMENT GAZETTE No. 237 29 November 2002 LEGISLATION 10065 Community Services (Complaints, Appeals and Monitoring) Amendment Regulation 2002 Amendments Schedule 1 Schedule 1 Amendments (Clause 3) [1] Clause 1 Name of Regulation Omit “Appeals”. Insert instead “Reviews”. [2] Clause 3 Definitions Insert in alphabetical order: commencement day means the day on which the 2002 amending Act commences. former Commission means the Community Services Commission constituted under Part 6 of the Act, as in force before the commencement of the 2002 amending Act. former Commissioner means the Commissioner for Community Services appointed under the Act immediately before the commencement of the 2002 amending Act. statutory report means a report required to be prepared and submitted under any Act and includes (but is not limited to) the following: (a) an annual report or other report under the Act, as in force before the commencement day, (b) financial statements under the Public Finance and Audit Act 1983, (c) a report under the Freedom of Information Act 1989. the 2002 amending Act means the Community Services Legislation Amendment Act 2002. [3] Clause 3, definition of “the Act” Omit the definition. Insert instead: the Act means the Community Services (Complaints, Reviews and Monitoring) Act 1993. [4] Clause 4 Functions of Official Community Visitors Omit “a Community Visitor”. Insert instead “an Official Community Visitor”. Page 3 C:\Docs\ad\r02-369-07\p01\SISchedules.fm 27/11/02, 2:53pm NEW SOUTH WALES GOVERNMENT GAZETTE No. 237 10066 LEGISLATION 29 November 2002 Community Services (Complaints, Appeals and Monitoring) Amendment Regulation 2002 Schedule 1 Amendments [5] Clause 4 (a) Omit “Commissioner”. Insert instead “Ombudsman”. [6] Clause 5 Applicable service providers: sec 11 Omit the clause. [7] Clause 6 Decisions that may be the subject of an appeal to the Tribunal: sec 28 Omit “section 40 (1) (d)” from clause 6 (1). Insert instead “section 28 (1) (c)”. [8] Clause 6 (1) (a) Omit the paragraph. Insert instead: (a) a decision made by a service provider not to take action recommended by the Ombudsman under section 26 of the Ombudsman Act 1974 as a result of an investigation of a complaint under Part 4 of the Act, or to take part only of the action so recommended, [9] Clause 7 Right of appearance: sec 58 Omit the clause. [10] Clause 8 Record of proceedings Omit the clause. [11] Clause 9 Substituted service: sec 76 Omit the clause. [12] Clause 10 Reasons to be given for certain decisions: sec 45 Omit “section 114”. Insert instead “section 45”. [13] Clause 10 (a) and (b) Omit the paragraphs. Insert instead: (a) any decision against which there is a right to appeal to the Tribunal, other than a decision of a kind referred to in clause 6 (1), Page 4 C:\Docs\ad\r02-369-07\p01\SISchedules.fm 27/11/02, 2:53pm NEW SOUTH WALES GOVERNMENT GAZETTE No. 237 29 November 2002 LEGISLATION 10067 Community Services (Complaints, Appeals and Monitoring) Amendment Regulation 2002 Amendments Schedule 1 [14] Clauses 11, 12, 13 and 14 Insert after clause 10: 11 Systemic review of deaths of children at risk of harm, children in care or other persons in care For the purposes of section 36 (1) (c) of the Act, the prescribed date is the commencement day. 12 Reports not completed before commencement day (1) This clause applies to a statutory report required to be prepared for a period ending before the commencement day and not completed or prepared before the commencement day. (2) On and from the commencement of this clause, the Ombudsman is required to prepare and submit any statutory report to which this clause applies that the former Commission or former Commissioner would have been required to prepare and submit had the former Commission or former Commissioner still been in existence or still held office. 13 Reports for period commencing before but ending after commencement day (1) This clause applies to a statutory report required to be prepared, in respect of functions of the former Commission, the former Commissioner and the Ombudsman under any Act, for a period commencing before the commencement day and ending after the commencement day. (2) On and from the commencement of this clause: (a) any affairs and accounts of the former Commission or the former Commissioner in respect of the period are, for the purposes of a statutory report to which this clause applies, taken to be affairs and accounts of the Ombudsman, and (b) any statutory report to which this clause applies is to be prepared and submitted by the Ombudsman.