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New South Wales
Family Impact Commission Bill 2002
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Object and principles 2
3 Key definitions 2
4 Other definitions 3
Part 2 Family Impact Studies and Assessments
5 Matters for which Study and Assessment required 4
6 Proposed legislation requires Family Impact Assessment 4
7 Government expenditure requires Family Impact
Assessment 5
8 Content of Family Impact Study 5
9 Content of Family Impact Assessment 6
10 How Commission is to prepare a Study 6
Part 3 Application for Study and Assessment
11 Form of application 7
12 Application can relate to multiple proposals 7
13 Time within which Assessment to be issued 7
b91-184-p03.820
Family Impact Commission Bill 2002
Contents
Page
14 Rejection of application 8
Part 4 Public release of Studies and Assessments
15 Copy to be furnished to applicant 9
16 Copies to be made available for inspection and purchase 9
17 Committee to be given copy of Study and Assessment 9
18 Assessment to be read in Parliament 9
Part 5 Responsible authorities
19 Appointment of responsible authorities for proposals 10
20 Advance notification of proposals by responsible authority 10
Part 6 Information gathering etc
21 Submissions 11
22 Referral of matters for report 11
23 Consultation with Committee 11
24 Investigations generally 11
25 Power to obtain information 11
26 Power to obtain documents etc 12
27 Power to enter public premises 12
28 Hearings 12
29 Public and private hearings 13
30 Power to summon witnesses etc 13
Part 7 The Commission
31 Constitution of the Commission 14
32 Functions of the Commission 14
33 Commissioner 14
34 Assistant Commissioners 14
35 Provisions relating to Commissioner and Assistant
Commissioners 15
36 Staff 15
Part 8 The Advisory Committee
37 Constitution of the Committee 16
38 Functions 16
39 Membership and procedure 16
Part 9 General
40 Act binds Crown 18
41 Offences 18
Contents page 2
Family Impact Commission Bill 2002
Contents
Page
42 Annual report 18
43 Service of documents 19
44 Proceedings for offences 19
45 Amendment of Statutory and Other Offices Remuneration
Act 1975 (1976 No 4) 19
46 Amendment of Defamation Act 1974 No 18 20
47 Regulations 20
Schedules
1 Application for Family Impact Study/Assessment 21
2 Provisions relating to Commissioner and Assistant
Commissioners 24
3 Provisions relating to appointed members of Advisory
Committee 29
4 Procedure of Advisory Committee 31
Contents page 3
New South Wales
Family Impact Commission Bill 2002
No , 2002
A Bill for
An Act to provide for the establishment of the Family Impact Commission to study
the moral, social and economic effects on the family unit of certain laws and
proposed laws and Government expenditure; and for related purposes.
Clause 1 Family Impact Commission Bill 2002
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Family Impact Commission Act 2002. 4
2 Object and principles 5
The object of this Act is to establish an independent Family Impact 6
Commission to study and report on the moral, social and economic 7
impact on New South Wales families of enacted laws and proposed 8
laws and Government expenditure, for the purpose of ensuring that the 9
following principles are recognised and upheld: 10
(a) The family, consisting of those individuals related by blood, 11
adoption or marriage, is the foundational social unit of the 12
nation. 13
(b) The family is to be given the widest possible protection and 14
assistance as the natural and fundamental unit of society, 15
particularly where it is responsible for the care and education of 16
dependent children. 17
(c) The family has primary responsibility for the welfare, education 18
and property of its members. 19
(d) The sanctity and unique sphere of authority of the family is to 20
be recognised and preserved. 21
(e) Optimum conditions for maintaining the integrity of the family 22
unit are to be preserved and promoted. 23
3 Key definitions 24
In this Act: 25
family means an organic unit composed essentially of a man and a 26
woman related by marriage and the children of either or both of them 27
by blood or adoption, whether or not in a wider relationship of 28
grandparents, aunts, uncles and cousins. 29
marriage means the union of a man and a woman to the exclusion of 30
all others voluntarily entered into for life. 31
Page 2
Family Impact Commission Bill 2002 Clause 4
Preliminary Part 1
4 Other definitions 1
In this Act: 2
Advisory Committee or Committee means the Advisory Committee 3
constituted by this Act. 4
Assessment means a Family Impact Assessment. 5
Assistant Commissioner means an Assistant Commissioner for the 6
Family Impact Commission. 7
Commission means the Family Impact Commission constituted by this 8
Act. 9
Commissioner means the Commissioner for the Family Impact 10
Commission. 11
exercise a function includes perform a duty. 12
function includes a power, authority or duty. 13
public authority includes a Government Department, Administrative 14
Office and a statutory body representing the Crown. 15
public official means an individual having public official functions or 16
acting in a public official capacity. 17
responsible authority for a particular matter means the public official 18
or public authority appointed by the Minister as the responsible 19
authority for that matter. 20
Study means a Family Impact Study. 21
Page 3
Clause 5 Family Impact Commission Bill 2002
Part 2 Family Impact Studies and Assessments
Part 2 Family Impact Studies and Assessments 1
5 Matters for which Study and Assessment required 2
(1) The following matters are to be the subject of a Family Impact Study 3
by the Commission: 4
(a) any proposed legislation or expenditure (or expenditure 5
program) that is the subject of an application for a Study by the 6
responsible authority, 7
(b) all enacted laws in force in the State at the commencement of 8
this section, 9
(c) any law enacted or proposed to be enacted by the Parliament of 10
the Commonwealth or of another State or Territory or of 11
another country, that the Commission thinks has or may have 12
particular impact (whether direct or indirect) on the families of 13
New South Wales. 14
(2) The Commission is also to issue a Family Impact Assessment for each 15
proposal for which it prepares a Study under subsection (1) (a). 16
6 Proposed legislation requires Family Impact Assessment 17
(1) When a Member of either House of Parliament introduces a Bill into 18
that House, the Member must also table a copy of a Family Impact 19
Assessment for the Bill. 20
(2) If a copy of an Assessment for a Bill is not tabled (but has been 21
issued) when a Bill is introduced, the Commission may direct the 22
responsible authority for the Bill to table a copy of the Assessment 23
within a specified time or by a specified stage of its passage through 24
the House. 25
(3) If an Assessment has not been issued for a Bill when the Bill is 26
introduced, the Commission may direct the responsible authority for 27
the Bill to apply within a specified time for a Study and Assessment 28
for the Bill and to table a copy of an Assessment issued for the Bill 29
within 3 sitting days of the House after it is issued. 30
(4) The responsible authority for a Bill must comply with a direction by 31
the Commission under this section. 32
Page 4
Family Impact Commission Bill 2002 Clause 6
Family Impact Studies and Assessments Part 2
(5) A responsible authority complies with a direction by the Commission 1
to table a copy of an Assessment in a House of Parliament by 2
presenting a copy of the Assessment to the presiding officer of the 3
House. A copy of the Assessment is then for all purposes taken to have 4
been laid before the House. 5
(6) A copy of the Assessment for a Bill need not be tabled if the 6
Assessment states that it need not be tabled (whether it was issued 7
before or after the Bill was introduced). 8
7 Government expenditure requires Family Impact Assessment 9
(1) There is to be no expenditure of public money by or on behalf of a 10
public authority until at least 7 days after the Commission has issued 11
a Family Impact Assessment for the proposed expenditure or for an 12
expenditure program of which it forms part, based on a Family Impact 13
Study of it. 14
(2) The Commission can reduce the period of 7 days if satisfied that the 15
circumstances of the case justify a shorter period. 16
8 Content of Family Impact Study 17
A Family Impact Study of a proposal or other matter is to consist of 18
the following: 19
(a) A full description of the subject-matter of the study. 20
(b) A statement of the objectives of the matter being studied. 21
(c) An analysis of the likely moral, social and economic effect of 22
the matter on the family. 23
(d) A full description of any action to be taken in conjunction with 24
the matter and an analysis of the likely moral, social and 25
economic effect of those measures on the family. 26
(e) An analysis of feasible alternatives to the matter which, 27
wherever possible, are not inconsistent with its objectives and 28
which would be likely to have a more positive effect on the 29
family. 30
(f) An analysis of the consequences of not carrying out the matter. 31
Page 5
Clause 9 Family Impact Commission Bill 2002
Part 2 Family Impact Studies and Assessments
9 Content of Family Impact Assessment 1
A Family Impact Assessment for a proposal is to consist of the 2
following: 3
(a) A clear description of the proposal to which the Assessment 4
relates. 5
(b) A summary of the impact on the family of the proposal to 6
which it relates, under the heading "Summary". 7
(c) A qualitative rating of the proposal in terms of its effect on the 8
family. (A rating of +10 means that the proposal is extremely 9
beneficial to the family and a rating of !10 means that the 10
proposal is extremely destructive to the family. A rating of 0 11
means that the proposal will have neither a positive nor a 12
negative effect on the family.) 13
(d) A recommendation as to whether or not the proposal should 14
proceed. 15
(e) The period for which a proposal of an identical nature in the 16
future would continue to be covered by the Assessment. 17
10 How Commission is to prepare a Study 18
(1) To prepare a Family Impact Study of a proposal or other matter, the 19
Commission is to consider its moral, social and economic effect on the 20
family unit and whether that effect contradicts or adversely affects the 21
Judeo-Christian ethic or any of the principles set out in section 2. 22
(2) The Commission is to take the following into account: 23
(a) Experience of similar matters in the State and in other 24
jurisdictions (including outside Australia). 25
(b) The matters raised in the questions set out in the form of 26
application for a Study set out in Schedule 1. 27
(c) Any other matter that the Commission thinks relevant. 28
Page 6
Family Impact Commission Bill 2002 Clause 11
Application for Study and Assessment Part 3
Part 3 Application for Study and Assessment 1
11 Form of application 2
(1) An application for a Family Impact Study and Assessment of proposed 3
legislation or expenditure is to be made by the responsible authority for 4
the legislation or expenditure concerned. 5
(2) The application is to be made in the form set out in Schedule 1. If the 6
application relates to proposed legislation, it must be accompanied by 7
a copy of the Bill. 8
12 Application can relate to multiple proposals 9
If 2 or more matters are such that they could reasonably be the subject 10
of the one Study and Assessment, they should be the subject of the one 11
application. There is no limit to the number of matters that can be the 12
subject of the one application or Study and Assessment. 13
13 Time within which Assessment to be issued 14
(1) The Commission is to prepare a Family Impact Study and issue a 15
Family Impact Assessment within 14 days after it receives the 16
application for the Study and Assessment, unless a longer period of 17
consideration is justified or the Commission rejects the application. 18
(2) A period of up to 45 days consideration is justified in either of the 19
following cases: 20
(a) The Commission thinks it necessary or desirable to invite 21
public submissions, and the Commission does so within 14 22
days. 23
(b) The Commission thinks it necessary or desirable to obtain 24
further information, and the Commission takes steps within 14 25
days to obtain that information. 26
(3) A period of up to 6 months consideration is justified if the applicant 27
requests an exhaustive Family Impact Study of the matter. 28
Page 7
Clause 14 Family Impact Commission Bill 2002
Part 3 Application for Study and Assessment
14 Rejection of application 1
(1) The Commission is entitled to reject an application for a Study and 2
Assessment for any of the following reasons: 3
(a) The Commission is of the opinion that the application covers 4
too many matters and that those matters should properly be the 5
subject of separate applications. 6
(b) The Commission is of the opinion that the application contains 7
insufficient or inaccurate information. 8
(c) Any other reason that the Commission thinks justifies rejection 9
of the application. 10
(2) The Commission must notify the applicant in writing if it rejects an 11
application. 12
(3) The notice of rejection must be given within 14 days of receipt of the 13
application and must detail the following: 14
(a) The reasons for the application being rejected. 15
(b) If rejection was based on the application covering too many 16
matters, a breakdown of the matters in respect of which a 17
separate application is required. 18
(c) Any other matters that the Commission thinks may be relevant 19
or of assistance to the applicant. 20
Page 8
Family Impact Commission Bill 2002 Clause 15
Public release of Studies and Assessments Part 4
Part 4 Public release of Studies and Assessments 1
15 Copy to be furnished to applicant 2
(1) A copy of a Study and Assessment that results from an application by 3
a responsible authority is to be furnished to the responsible authority. 4
The responsible authority is to disseminate the Study and Assessment 5
among interested parties. 6
(2) The responsible authority is to consider and respond to a Study and 7
Assessment and is to communicate its response to the Commission and 8
other interested parties. 9
16 Copies to be made available for inspection and purchase 10
(1) A copy of each Study and Assessment is to be made available to the 11
public at the office of the Commission for inspection free of charge 12
and for purchase. 13
(2) The Commission may delay public release and availability of a Study 14
and Assessment that relates to proposed legislation or expenditure if 15
satisfied that there is good reason for the delay, until the Bill is 16
introduced into Parliament or the expenditure occurs. 17
17 Committee to be given copy of Study and Assessment 18
The Commission is to give each member of the Advisory Committee 19
a copy of each Study and Assessment before it is publicly released. 20
18 Assessment to be read in Parliament 21
(1) An Assessment for a Bill is to be read during the second reading 22
speech made by the member introducing the Bill in each House of 23
Parliament. 24
(2) A copy of each Assessment is to be kept as part of the Budget papers 25
and other official records concerning the matter to which it relates. 26
(3) The Commission may indicate in an Assessment which parts (if any) 27
of the Assessment need not be included in it for the purposes of this 28
section. 29
Page 9
Clause 19 Family Impact Commission Bill 2002
Part 5 Responsible authorities
Part 5 Responsible authorities 1
19 Appointment of responsible authorities for proposals 2
(1) The Minister in consultation with the Commission is to appoint a 3
public authority or public official as the responsible authority for any 4
matter that requires a Study and Assessment. The Minister can appoint 5
himself or herself as a responsible authority. 6
(2) If 2 or more matters are such that they could reasonably be the subject 7
of the one Study and Assessment, the same responsible authority 8
should be appointed for them. 9
20 Advance notification of proposals by responsible authority 10
(1) Each responsible authority is required to furnish to the Commission 11
before 30 June in each year an outline of those matters for which the 12
authority will be seeking a Study and Assessment during the coming 13
year. 14
(2) The outline is to indicate the approximate number and general nature 15
of the matters concerned and the projected timing of the applications. 16
(3) Each responsible authority must ensure that the applications it makes 17
for Studies and Assessments are to the maximum extent possible 18
spread evenly throughout the year. 19
Page 10
Family Impact Commission Bill 2002 Clause 21
Information gathering etc Part 6
Part 6 Information gathering etc 1
21 Submissions 2
(1) The Commission may invite public submissions on any matter that is 3
the subject of a Study and is to give reasonable publicity to any such 4
invitation. 5
(2) The Commission is to make available a summary of any matter on 6
which the Commission has invited public submissions, in order to 7
assist a person to make a submission. 8
22 Referral of matters for report 9
(1) The Commission may refer any matter that is the subject of a Study to 10
any public official or public authority for investigation or other 11
specified action. 12
(2) The Commission may require the official or authority to furnish a 13
report on the matter or on the other action that the Commission 14
requires be taken. A report is to be furnished in accordance with any 15
directions given by the Commission. 16
23 Consultation with Committee 17
Generally all matters that are the subject of a Study should be referred 18
to the Advisory Committee for advice and consultation. 19
24 Investigations generally 20
The Commission may conduct investigations on its own initiative or 21
for the purposes of the preparation of a Study or Assessment. 22
25 Power to obtain information 23
(1) For the purposes of an investigation, the Commission may, by notice 24
in writing served on a public authority or public official, require the 25
authority or official to produce a statement of information. 26
(2) The notice must specify or describe the information required, must fix 27
a time and date for compliance and must specify the person (being the 28
Commissioner, an Assistant Commissioner or any other officer of the 29
Commission) to whom production is to be made. 30
(3) The notice may provide that the requirement may be satisfied by some 31
other person acting on behalf of the public authority or public official. 32
Page 11
Clause 25 Family Impact Commission Bill 2002
Part 6 Information gathering etc
26 Power to obtain documents etc 1
(1) For the purposes of an investigation, the Commission may, by notice 2
in writing served on a person (whether or not a public authority or 3
public official), require the person: 4
(a) to attend at a time and place specified in the notice, before a 5
person (being the Commissioner, an Assistant Commissioner 6
or any other officer of the Commission) specified in the notice, 7
and 8
(b) to produce at that time and place to the person so specified a 9
document or other thing specified in the notice. 10
(2) The notice may provide that the requirement may be satisfied by some 11
other person acting on behalf of the person on whom it was imposed. 12
27 Power to enter public premises 13
(1) For the purposes of an investigation, the Commissioner or an officer 14
of the Commission authorised in writing by the Commissioner may, at 15
any time: 16
(a) enter any premises occupied or used by a public authority or 17
public official in that capacity, and 18
(b) inspect any document or other thing in or on those premises, 19
and 20
(c) take copies of any document in or on the premises. 21
(2) The public authority or public official must make available to the 22
Commissioner or authorised officer such facilities as are necessary to 23
enable the powers conferred by this section to be exercised. 24
28 Hearings 25
(1) For the purposes of an investigation, the Commission may hold 26
hearings. 27
(2) A hearing is to be conducted by the Commissioner or by an Assistant 28
Commissioner, as determined by the Commissioner. 29
(3) At each hearing, the person presiding is to announce the general scope 30
and purpose of the hearing. 31
(4) A person appearing before the Commission at a hearing is entitled to 32
be informed of the general scope and purpose of the hearing. 33
Page 12
Family Impact Commission Bill 2002 Clause 28
Information gathering etc Part 6
29 Public and private hearings 1
(1) A hearing is to be held in public, unless the Commission directs that 2
the hearing be held in private. 3
(2) If the Commission directs that a hearing be held in private, the 4
Commission may give directions as to the persons who may be present 5
at the hearing. 6
(3) At a hearing that is held in public, the Commission may direct that the 7
hearing or a part of the hearing be held in private and give directions 8
as to the persons who may be present. 9
(4) The Commission is not to give a direction under this section that a 10
hearing or part of a hearing be held in private unless it is satisfied that 11
it is desirable to do so in the public interest for reasons connected with 12
the subject-matter of the investigation or the nature of the evidence to 13
be given. 14
30 Power to summon witnesses etc 15
(1) For the purposes of an inquiry, the Commission has the powers, 16
authorities, protections and immunities conferred on a commissioner 17
by Division 1 of Part 2 of the Royal Commissions Act 1923 and that 18
Act (section 13 and Division 2 of Part 2 excepted) applies to any 19
witness summoned by or appearing before the Commission in the 20
same way as it applies to a witness summoned by or appearing before 21
a commissioner. 22
(2) A witness appearing before the Commission is to be paid such amount 23
as the Commissioner determines, but not exceeding the amount that 24
would be payable to such a witness if he or she were a Crown witness 25
subpoenaed by the Crown to give evidence. 26
Page 13
Clause 31 Family Impact Commission Bill 2002
Part 7 The Commission
Part 7 The Commission 1
31 Constitution of the Commission 2
(1) There is constituted by this Act a body corporate with the corporate 3
name of the Family Impact Commission. 4
(2) The functions of the Commission are exercisable by the 5
Commissioner, and any act, matter or thing done in the name of, or on 6
behalf of, the Commission by the Commissioner, or with the authority 7
of the Commissioner, is taken to have been done by the Commission. 8
32 Functions of the Commission 9
The Commission has the functions conferred or imposed on it by or 10
under this or any other Act and such other functions as may be 11
necessary or convenient to enable it to give effect to the object of this 12
Act. 13
33 Commissioner 14
(1) The Governor may appoint a Commissioner for the Family Impact 15
Commission. 16
(2) A person is not eligible to be appointed as Commissioner unless 17
recommended for appointment by the Advisory Committee. The 18
Committee is not to recommend a person unless satisfied that the 19
person is supportive of the principles set out in section 2 and is 20
experienced in and knowledgeable about issues which concern the 21
family. 22
(3) The Commissioner has and may exercise the functions conferred or 23
imposed on the Commissioner by or under this or any other Act. 24
(4) The Commissioner may, by instrument in writing, delegate to any 25
person any of the Commissioner's functions, other than this power of 26
delegation. 27
34 Assistant Commissioners 28
(1) The Governor may, with the concurrence of the Commissioner, 29
appoint one or more Assistant Commissioners for the Family Impact 30
Commission. 31
Page 14
Family Impact Commission Bill 2002 Clause 34
The Commission Part 7
(2) A person is not eligible to be appointed as an Assistant Commissioner 1
unless recommended for appointment by the Advisory Committee and 2
the Committee is not to recommend a person unless satisfied that the 3
person is supportive of the principles set out in section 2 and is 4
experienced in and knowledgeable about issues which concern the 5
family. 6
(3) An Assistant Commissioner has and may exercise the functions 7
conferred or imposed on an Assistant Commissioner by or under this 8
or any other Act. 9
(4) An Assistant Commissioner is to assist the Commissioner, as the 10
Commissioner requires. 11
35 Provisions relating to Commissioner and Assistant Commissioners 12
Schedule 2 has effect. 13
36 Staff 14
(1) Such staff as may be necessary to enable the Commission to exercise 15
its functions may be employed under Part 2 of the Public Sector 16
Management Act 1988. 17
(2) The Commission may arrange for the use of the services of any staff 18
or facilities of a public authority or local authority. 19
Page 15
Clause 37 Family Impact Commission Bill 2002
Part 8 The Advisory Committee
Part 8 The Advisory Committee 1
37 Constitution of the Committee 2
There is constituted by this Act an Advisory Committee. 3
38 Functions 4
The functions of the Committee are as follows: 5
(a) to make recommendations for appointments to the offices of 6
Commissioner and Assistant Commissioner, 7
(b) to refer matters to the Commission for study and report, 8
(c) to give advice to and consult with the Commission on any 9
matter referred to the Committee by the Commission and on 10
such other matters as the Committee thinks fit, 11
(d) to investigate and report on matters referred to the Committee 12
by the Commission. 13
39 Membership and procedure 14
(1) The Committee is to consist of 15 members, as follows: 15
(a) the Director-General of the Premier's Department or an officer 16
of that Department nominated for the time being by the 17
Director-General, 18
(b) the Director-General of the Attorney General's Department or 19
an officer of that Department nominated for the time being by 20
the Director-General, 21
(c) the Director-General of the Department of Health or an officer 22
of that Department nominated for the time being by the 23
Director-General, 24
(d) 12 members appointed by the Governor, each being a person 25
nominated by, or by a body that the Minister is satisfied 26
represents, one of the following organisations, churches or 27
faiths: 28
(i) Institute of Family Studies 29
(ii) Salvation Army 30
(iii) Anglican Church 31
(iv) Catholic Church 32
(v) Uniting Church 33
(vi) Jewish Faith 34
Page 16
Family Impact Commission Bill 2002 Clause 39
The Advisory Committee Part 8
(vii) Greek Orthodox Church 1
(viii) Presbyterian Church 2
(ix) Assembly of God Church 3
(x) Australian Federation of Festival of Light Community 4
Standards Organisation--NSW Branch 5
(xi) Australian Family Association--NSW Branch 6
(xii) NSW Council of Churches 7
(2) Schedule 3 applies to the appointed members of the Committee. 8
(3) Schedule 4 provides for the procedure of the Committee. 9
Page 17
Clause 40 Family Impact Commission Bill 2002
Part 9 General
Part 9 General 1
40 Act binds Crown 2
This Act binds the Crown in right of New South Wales and, so far as 3
the legislative power of Parliament permits, the Crown in all its other 4
capacities. 5
41 Offences 6
A person must not: 7
(a) without lawful excuse, wilfully obstruct, hinder or resist the 8
Commissioner, an Assistant Commissioner or an officer of the 9
Commission in the exercise of his or her functions under this 10
Act, or 11
(b) without lawful excuse, refuse or wilfully fail to comply with 12
any lawful requirement made of the person under this Act, or 13
(c) make any statement to the Commissioner, an Assistant 14
Commissioner or an officer of the Commission exercising 15
functions under this Act, knowing the statement to be false or 16
misleading in a material particular. 17
Maximum penalty: 10 penalty units. 18
42 Annual report 19
(1) The Commission must within 4 months after 30 June in each year 20
prepare a report of its work and activities for the 12 months preceding 21
that date. 22
(2) The report is to include details of the following: 23
(a) the Family Impact Studies and Assessments prepared and 24
furnished by the Commission, 25
(b) any recommendations for changes in the law or for 26
administrative action that the Commission thinks should be 27
made or taken, 28
(c) the extent to which its studies have resulted in a change in 29
policy direction for the Government, 30
(d) any rejections of applications for Family Impact Studies, 31
(e) the major impact on the family of the matters studied by the 32
Commission during the year, 33
Page 18
Family Impact Commission Bill 2002 Clause 42
General Part 9
(f) any recommendations by the Commission for Government 1
expenditure in the following year. 2
(3) The Commission is to present the report to the presiding officer of 3
each House of Parliament and the report is then, for all purposes, taken 4
to have been laid before each House of Parliament. 5
43 Service of documents 6
For the purposes of this Act, service of a document on a person may 7
be effected: 8
(a) on a natural person--by delivering it to the person personally 9
or by leaving it at or sending it by post to the residential or 10
business address of the person last known to the person serving 11
the document, or 12
(b) on a body corporate--by leaving it at or by sending it by post 13
to the head office, a registered office or a principal office of the 14
body corporate. 15
44 Proceedings for offences 16
Proceedings for an offence against this Act are to be dealt with 17
summarily before a Local Court constituted by a Magistrate sitting 18
alone. 19
45 Amendment of Statutory and Other Offices Remuneration Act 1975 20
(1976 No 4) 21
The Statutory and Other Offices Remuneration Act 1975 is amended 22
by inserting at the end of Part 1 of Schedule 2 the following: 23
Commissioner for the Family Impact Commission. 24
Full-time Assistant Commissioner for the Family Impact Commission. 25
Page 19
Clause 46 Family Impact Commission Bill 2002
Part 9 General
46 Amendment of Defamation Act 1974 No 18 1
The Defamation Act 1974 is amended by inserting after section 17M 2
the following section: 3
17MA Matters arising under the Family Impact Commission 4
Act 2002 5
(1) There is a defence of absolute privilege for a publication to or 6
by the Family Impact Commission or the Commissioner for the 7
Commission as Commissioner, or to any officer of the 8
Commission (within the meaning of the Family Impact 9
Commission Act 2002) as such an officer. 10
(2) This section applies in relation to any hearing before the Family 11
Impact Commission or any other matter relating to the powers, 12
authorities, duties or functions of the Commission. 13
47 Regulations 14
The Governor may make regulations, not inconsistent with this Act, for 15
or with respect to any matter that by this Act is required or permitted 16
to be prescribed or that is necessary or convenient to be prescribed for 17
carrying out or giving effect to this Act. 18
Page 20
Family Impact Commission Bill 2002
Application for Family Impact Study/Assessment Schedule 1
Schedule 1 Application for Family Impact 1
Study/Assessment 2
(Section 11) 3
1. Who is the relevant authority, individual or organisation requesting a Family 4
Impact Study/Assessment? 5
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Phone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Fax: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2. Give a clear and detailed description of the legislation or expenditure for 10
which you request a Family Impact Study/Assessment. 11
........................................................ 12
........................................................ 13
........................................................ 14
3. Do you request an exhaustive Family Impact Study/Assessment (which 15
could delay receiving your Assessment by up to 6 months)? 16
` Yes ` No 17
4. What are the objectives of the proposed legislation or expenditure? . . . . 18
........................................................ 19
........................................................ 20
5. How many families would be affected by the proposed legislation or 21
expenditure? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
........................................................ 23
........................................................ 24
6. Which type of families would be affected by the proposed legislation or 25
expenditure? (eg families from a particular ethnic background or in a certain 26
geographical area) 27
........................................................ 28
........................................................ 29
Page 21
Family Impact Commission Bill 2002
Schedule 1 Application for Family Impact Study/Assessment
7. Give a full description of the likely moral effect of the proposed legislation 1
or expenditure. For example, does the legislation contradict the 2
Judeo-Christian ethic as the basic historic moral ethic of Australia? 3
........................................................ 4
........................................................ 5
........................................................ 6
8. Will the proposed legislation or expenditure reinforce the stability of the 7
home and particularly the marital commitment that holds the home 8
together? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
........................................................ 10
........................................................ 11
9. Will the proposed legislation strengthen or erode the authority of the home 12
and specifically the rights of the parents in relation to the education, nurture 13
and supervision of their children? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
........................................................ 15
........................................................ 16
10. Will the proposed legislation or expenditure help the family to perform its 17
function--or will it substitute government activity for that function? 18
........................................................ 19
........................................................ 20
........................................................ 21
11. What message will the proposed legislation or expenditure send to the 22
public concerning the status of the family? . . . . . . . . . . . . . . . . . . . . . . . 23
........................................................ 24
........................................................ 25
12. What message will the proposed legislation or expenditure send to children 26
and young people concerning their behaviour, their personal responsibility 27
and the norms of our society? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
........................................................ 29
........................................................ 30
13. Do any measures need to be taken in conjunction with the proposed 31
legislation or expenditure? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
........................................................ 33
........................................................ 34
Page 22
Family Impact Commission Bill 2002
Application for Family Impact Study/Assessment Schedule 1
14. From Question 13 give an assessment of the likely effectiveness of those 1
measures? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
........................................................ 3
........................................................ 4
15. Will the proposed legislation or expenditure reduce or increase earned 5
household income? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
16. If so by how much? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17. Are there feasible alternatives to the proposed legislation or expenditure and 8
what is the reason for choosing the legislation or expenditure? . . . . . . . . 9
........................................................ 10
........................................................ 11
18. Can alternatives be provided by voluntary, private and/or religious 12
institutions rather than Government instrumentalities? . . . . . . . . . . . . . . . 13
19. What would be the consequences of not proceeding with the proposed 14
legislation or expenditure? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
........................................................ 16
........................................................ 17
20. Will the proposed legislation or expenditure stress the integrity and 18
preservation of the family unit? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
........................................................ 20
........................................................ 21
21. Will the proposed legislation or expenditure respect family values and foster 22
right behaviour? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
........................................................ 24
........................................................ 25
Page 23
Family Impact Commission Bill 2002
Schedule 2 Provisions relating to Commissioner and Assistant Commissioners
Schedule 2 Provisions relating to Commissioner and 1
Assistant Commissioners 2
(Section 35) 3
1 Eligibility for appointment 4
A person is not eligible to be appointed as Commissioner or Assistant 5
Commissioner if the person is: 6
(a) the holder of any judicial office, or 7
(b) a member of the Legislative Council or the Legislative 8
Assembly or is a member of a House of Parliament of another 9
State or of a Territory or the Commonwealth. 10
2 Acting Commissioner or Assistant Commissioner 11
(1) The Governor may, from time to time, appoint a person to act in the 12
office of Commissioner or Assistant Commissioner during the illness 13
or absence of the Commissioner or Assistant Commissioner, and the 14
person, while so acting, has all the functions of the Commissioner or 15
Assistant Commissioner and is taken to be the Commissioner or 16
Assistant Commissioner. 17
(2) The Governor may, at any time, remove a person from the office to 18
which the person was appointed under this clause. 19
(3) A person while acting under this clause is entitled to be paid such 20
remuneration (including travelling and subsistence allowances) as the 21
Governor may from time to time determine in respect of that person. 22
(4) For the purposes of this clause: 23
(a) a vacancy in the office of Commissioner or Assistant 24
Commissioner is to be regarded as an absence from office of 25
Commissioner or Assistant Commissioner, and 26
(b) an Assistant Commissioner is to be regarded as absent from 27
office as an Assistant Commissioner during any period when 28
the Assistant Commissioner acts in the office of the 29
Commissioner pursuant to an appointment under this clause. 30
Page 24
Family Impact Commission Bill 2002
Provisions relating to Commissioner and Assistant Commissioners Schedule 2
3 Basis of offices 1
(1) The office of Commissioner is a full-time office. 2
(2) The office of Assistant Commissioner may be a full-time or a 3
part-time office, according to the terms of appointment. 4
(3) The holder of a full-time office referred to in subclause (1) or (2) is 5
required to hold it on that basis, except to the extent permitted by the 6
Governor. 7
4 Terms of office 8
(1) Subject to this Schedule, the Commissioner or an Assistant 9
Commissioner holds office for such term not exceeding 5 years as may 10
be specified in the instrument of appointment, but is eligible (if 11
otherwise qualified) for reappointment. 12
(2) A person may not hold the office of Commissioner for terms totalling 13
more than 5 years. 14
(3) A person may not hold the office of Assistant Commissioner for terms 15
totalling more than 5 years. 16
5 Remuneration 17
(1) The Commissioner and a full-time Assistant Commissioner are 18
entitled to be paid remuneration in accordance with the Statutory and 19
Other Offices Remuneration Act 1975 and such travelling and 20
subsistence allowances as the Minister may from time to time 21
determine in respect of them. 22
(2) A part-time Assistant Commissioner is entitled to be paid such 23
remuneration (including travelling and subsistence allowances) as may 24
be specified in his or her instrument of appointment or as may be 25
afterwards determined by the Governor from time to time. 26
6 Vacancy in office 27
(1) The office of Commissioner or Assistant Commissioner becomes 28
vacant if the holder: 29
(a) dies, or 30
(b) completes a term of office and is not reappointed, or 31
(c) holds office for longer than the relevant period mentioned in 32
clause 4, or 33
Page 25
Family Impact Commission Bill 2002
Schedule 2 Provisions relating to Commissioner and Assistant Commissioners
(d) resigns the office by instrument in writing addressed to the 1
Governor, or 2
(e) becomes the holder of a judicial office, or 3
(f) is nominated for election as a member of the Legislative 4
Council or the Legislative Assembly or as a member of a House 5
of Parliament of another State or of a Territory or the 6
Commonwealth, or 7
(g) becomes bankrupt, applies to take the benefit of any law for the 8
relief of bankrupt or insolvent debtors, compounds with his or 9
her creditors or makes an assignment of his or her remuneration 10
for their benefit, or 11
(h) becomes a mentally incapacitated person, or 12
(i) is convicted in New South Wales of an offence that is 13
punishable by imprisonment for 12 months or more or is 14
convicted elsewhere than in New South Wales of an offence 15
that, if committed in New South Wales, would be an offence so 16
punishable, or 17
(j) is removed from office under subclause (2) or (3). 18
(2) The Commissioner may be removed from office by the Governor on 19
the address of both Houses of Parliament. 20
(3) The Governor may remove an Assistant Commissioner from office for 21
incapacity, incompetence or misbehaviour. 22
7 Filling of vacancy 23
(1) If the office of Commissioner becomes vacant, a person is, subject to 24
this Act, to be appointed to fill the vacancy. 25
(2) If the office of Assistant Commissioner becomes vacant, a person may, 26
subject to this Act, be appointed to fill the vacancy. 27
8 Public Sector Management Act 1988 28
The Public Sector Management Act 1988 does not apply to the 29
appointment of the Commissioner or an Assistant Commissioner, and 30
the holder of either office is not, as holder, subject to that Act. 31
9 Judicial office 32
In this Schedule, judicial office means a judicial office of the State or 33
elsewhere in Australia. 34
Page 26
Family Impact Commission Bill 2002
Provisions relating to appointed members of Advisory Committee Schedule 3
Schedule 3 Provisions relating to appointed members 1
of Advisory Committee 2
(Section 39) 3
1 Definition of appointed member 4
In this Schedule: 5
appointed member means an appointed member of the Committee. 6
2 Term of office 7
Subject to this Act, an appointed member holds office for such period 8
(not exceeding 2 years) as is specified in the member's instrument of 9
appointment but is eligible for reappointment if otherwise qualified. 10
3 Remuneration 11
An appointed member is entitled to be paid such remuneration 12
(including travelling and subsistence allowances) as the Minister may 13
from time to time determine in respect of the member. 14
4 Deputies 15
(1) The Minister may, from time to time, appoint a person to be the deputy 16
of an appointed member, and the Minister may revoke any such 17
appointment. 18
(2) In the absence of an appointed member, the member's deputy: 19
(a) may, if available, act in the place of the member, and 20
(b) while so acting, has all the functions of the member and is to be 21
regarded as a member. 22
(3) A person while acting in the place of an appointed member is entitled 23
to be paid such remuneration (including travelling and subsistence 24
allowances) as the Minister may from time to time determine in respect 25
of the person. 26
Page 27
Family Impact Commission Bill 2002
Schedule 3 Provisions relating to appointed members of Advisory Committee
5 Vacancy in office of appointed member 1
(1) The office of an appointed member becomes vacant if the member: 2
(a) dies, or 3
(b) completes a term of office and is not reappointed, or 4
(c) resigns the office by instrument in writing addressed to the 5
Minister, or 6
(d) is removed from office by the Governor under this clause or 7
under Part 8 of the Public Sector Management Act 1988, or 8
(e) is absent from 4 consecutive meetings of the Committee of 9
which reasonable notice has been given to the member 10
personally or in the ordinary course of post, except on leave 11
granted by the Committee or unless, before the expiration of 4 12
weeks after the last of those meetings, the member is excused 13
by the Committee for having been absent from those meetings, 14
or 15
(f) becomes bankrupt, applies to take the benefit of any law for the 16
relief of bankrupt or insolvent debtors, compounds with his or 17
her creditors or makes an assignment of his or her remuneration 18
for their benefit, or 19
(g) becomes a mentally incapacitated person, or 20
(h) is convicted in New South Wales of an offence which is 21
punishable by imprisonment for 12 months or more or is 22
convicted elsewhere than in New South Wales of an offence 23
which, if committed in New South Wales, would be an offence 24
so punishable. 25
(2) The Governor may remove an appointed member from office at any 26
time. 27
6 Filling of vacancy in office of appointed member 28
If the office of an appointed member becomes vacant, a person may, 29
subject to this Act, be appointed to fill the vacancy. 30
Page 28
Family Impact Commission Bill 2002
Procedure of Advisory Committee Schedule 4
Schedule 4 Procedure of Advisory Committee 1
(Section 39) 2
1 Meetings 3
(1) Meetings of the Committee are to be held at such times and places as 4
are from time to time agreed upon by the members of the Committee. 5
The Committee must meet at least once each 3 months. 6
(2) The procedure for the calling of meetings of the Committee and for the 7
conduct of business at those meetings is, subject to this Act, to be as 8
determined by the Committee. 9
2 Quorum 10
The quorum for a meeting of the Committee is 8 members. 11
3 Presiding member 12
(1) A member of the Committee elected as the presiding member for the 13
meeting by the members present is to preside at a meeting of the 14
Committee. 15
(2) The member presiding at any meeting of the Committee has a 16
deliberative vote and, in the event of an equality of votes, has a second 17
or casting vote. 18
4 Voting 19
(1) A decision supported by a majority of the votes cast at a meeting of the 20
Committee at which a quorum is present is the decision of the 21
Committee, except as provided by subclause (2). 22
(2) A decision to recommend a person for appointment as the 23
Commissioner or as an Assistant Commissioner must be supported by 24
not less than 11 votes. 25
5 Minutes 26
The Committee is to cause full and accurate minutes to be kept of the 27
proceedings of each meeting of the Committee. 28
Page 29
Family Impact Commission Bill 2002
Schedule 4 Procedure of Advisory Committee
6 First meeting of the Committee 1
The Commissioner is to call the first meeting of the Committee in such 2
manner as the Commissioner thinks fit. 3
Page 30
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