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Family Impact Commission Bill 2003 No , 2003 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 2003 Part 1 Preliminary 1 The Legislature of New South Wales enacts: Part 1 Preliminary 2 3 1 Name of Act 4 This Act is the Family Impact Commission Act 2003. 5 2 Object and principles 6 The object of this Act is to establish an independent Family Impact 7 Commission to study and report on the moral, social and economic 8 impact on New South Wales families of enacted laws and proposed 9 laws and Government expenditure, for the purpose of ensuring that 10 the following principles are recognised and upheld: 11 (a) The family, consisting of those individuals related by blood, 12 adoption or marriage, is the foundational social unit of the 13 nation. 14 (b) The family is to be given the widest possible protection and 15 assistance as the natural and fundamental unit of society, 16 particularly where it is responsible for the care and education 17 of dependent children. 18 (c) The family has primary responsibility for the welfare, 19 education and property of its members. 20 (d) The sanctity and unique sphere of authority of the family is to 21 be recognised and preserved. 22 (e) Optimum conditions for maintaining the integrity of the 23 family unit are to be preserved and promoted. 24 3 Key definitions 25 In this Act: 26 family means an organic unit composed essentially of a man and a 27 woman related by marriage and the children of either or both of 28 them by blood or adoption, whether or not in a wider relationship of 29 grandparents, aunts, uncles and cousins. 30 marriage means the union of a man and a woman to the exclusion 31 of all others voluntarily entered into for life. Page 2
Family Impact Commission Bill 2003 Clause 4 Preliminary Part 1 4 Other definitions 1 2 In this Act: 3 Advisory Committee or Committee means the Advisory Committee 4 constituted by this Act. 5 Assessment means a Family Impact Assessment. 6 Assistant Commissioner means an Assistant Commissioner for the 7 Family Impact Commission. 8 Commission means the Family Impact Commission constituted by 9 this Act. 10 Commissioner means the Commissioner for the Family Impact 11 Commission. 12 exercise a function includes perform a duty. 13 function includes a power, authority or duty. 14 public authority includes a Government Department, 15 Administrative Office and a statutory body representing the Crown. 16 public official means an individual having public official functions 17 or acting in a public official capacity. 18 responsible authority for a particular matter means the public 19 official or public authority appointed by the Minister as the 20 responsible authority for that matter. 21 Study means a Family Impact Study. Page 3
Clause 5 Family Impact Commission Bill 2003 Part 2 Family Impact Studies and Assessments Part 2 Family Impact Studies and Assessments 1 2 5 Matters for which Study and Assessment required 3 (1) The following matters are to be the subject of a Family Impact Study 4 by the Commission: 5 (a) any proposed legislation or expenditure (or expenditure 6 program) that is the subject of an application for a Study by 7 the responsible authority, 8 (b) all enacted laws in force in the State at the commencement of 9 this section, 10 (c) any law enacted or proposed to be enacted by the Parliament 11 of the Commonwealth or of another State or Territory or of 12 another country, that the Commission thinks has or may have 13 particular impact (whether direct or indirect) on the families 14 of New South Wales. 15 (2) The Commission is also to issue a Family Impact Assessment for 16 each proposal for which it prepares a Study under subsection (1) (a). 17 6 Proposed legislation requires Family Impact Assessment 18 (1) When a Member of either House of Parliament introduces a Bill into 19 that House, the Member must also table a copy of a Family Impact 20 Assessment for the Bill. 21 (2) If a copy of an Assessment for a Bill is not tabled (but has been 22 issued) when a Bill is introduced, the Commission may direct the 23 responsible authority for the Bill to table a copy of the Assessment 24 within a specified time or by a specified stage of its passage through 25 the House. 26 (3) If an Assessment has not been issued for a Bill when the Bill is 27 introduced, the Commission may direct the responsible authority for 28 the Bill to apply within a specified time for a Study and Assessment 29 for the Bill and to table a copy of an Assessment issued for the Bill 30 within 3 sitting days of the House after it is issued. 31 (4) The responsible authority for a Bill must comply with a direction by 32 the Commission under this section. 33 (5) A responsible authority complies with a direction by the 34 Commission to table a copy of an Assessment in a House of 35 Parliament by presenting a copy of the Assessment to the presiding 36 officer of the House. A copy of the Assessment is then for all 37 purposes taken to have been laid before the House. Page 4
Family Impact Commission Bill 2003 Clause 7 Family Impact Studies and Assessments Part 2 1 (6) A copy of the Assessment for a Bill need not be tabled if the 2 Assessment states that it need not be tabled (whether it was issued 3 before or after the Bill was introduced). 4 7 Government expenditure requires Family Impact Assessment 5 (1) There is to be no expenditure of public money by or on behalf of a 6 public authority until at least 7 days after the Commission has issued 7 a Family Impact Assessment for the proposed expenditure or for an 8 expenditure program of which it forms part, based on a Family 9 Impact Study of it. 10 (2) The Commission can reduce the period of 7 days if satisfied that the 11 circumstances of the case justify a shorter period. 12 8 Content of Family Impact Study 13 A Family Impact Study of a proposal or other matter is to consist of 14 the following: 15 (a) A full description of the subject-matter of the Study. 16 (b) A statement of the objectives of the matter being studied. 17 (c) An analysis of the likely moral, social and economic effect of 18 the matter on the family. 19 (d) A full description of any action to be taken in conjunction 20 with the matter and an analysis of the likely moral, social and 21 economic effect of those measures on the family. 22 (e) An analysis of feasible alternatives to the matter which, 23 wherever possible, are not inconsistent with its objectives and 24 which would be likely to have a more positive effect on the 25 family. 26 (f) An analysis of the consequences of not carrying out the 27 matter. 28 9 Content of Family Impact Assessment 29 A Family Impact Assessment for a proposal is to consist of the 30 following: 31 (a) A clear description of the proposal to which the Assessment 32 relates. 33 (b) A summary of the impact on the family of the proposal to 34 which it relates, under the heading "Summary". Page 5
Clause 10 Family Impact Commission Bill 2003 Part 2 Family Impact Studies and Assessments 1 (c) A qualitative rating of the proposal in terms of its effect on the 2 family. (A rating of +10 means that the proposal is extremely 3 beneficial to the family and a rating of -10 means that the 4 proposal is extremely destructive to the family. A rating of 0 5 means that the proposal will have neither a positive nor a 6 negative effect on the family.) 7 (d) A recommendation as to whether or not the proposal should 8 proceed. 9 (e) The period for which a proposal of an identical nature in the 10 future would continue to be covered by the Assessment. 11 10 How Commission is to prepare a Study 12 (1) To prepare a Family Impact Study of a proposal or other matter, the 13 Commission is to consider its moral, social and economic effect on 14 the family unit and whether that effect contradicts or adversely 15 affects the Judeo-Christian ethic or any of the principles set out in 16 section 2. 17 (2) The Commission is to take the following into account: 18 (a) Experience of similar matters in the State and in other 19 jurisdictions (including outside Australia). 20 (b) The matters raised in the questions set out in the form of 21 application for a Study set out in Schedule 1. 22 (c) Any other matter that the Commission thinks relevant. Page 6
Family Impact Commission Bill 2003 Clause 11 Application for Study and Assessment Part 3 Part 3 Application for Study and Assessment 1 2 11 Form of application 3 (1) An application for a Family Impact Study and Assessment of 4 proposed legislation or expenditure is to be made by the responsible 5 authority for the legislation or expenditure concerned. 6 (2) The application is to be made in the form set out in Schedule 1. If 7 the application relates to proposed legislation, it must be 8 accompanied by a copy of the Bill. 9 12 Application can relate to multiple proposals 10 If 2 or more matters are such that they could reasonably be the 11 subject of the one Study and Assessment, they should be the subject 12 of the one application. There is no limit to the number of matters that 13 can be the subject of the one application or Study and Assessment. 14 13 Time within which Assessment to be issued 15 (1) The Commission is to prepare a Family Impact Study and issue a 16 Family Impact Assessment within 14 days after it receives the 17 application for the Study and Assessment, unless a longer period of 18 consideration is justified or the Commission rejects the application. 19 (2) A period of up to 45 days consideration is justified in either of the 20 following cases: 21 (a) The Commission thinks it necessary or desirable to invite 22 public submissions, and the Commission does so within 14 23 days. 24 (b) The Commission thinks it necessary or desirable to obtain 25 further information, and the Commission takes steps within 26 14 days to obtain that information. 27 (3) A period of up to 6 months consideration is justified if the applicant 28 requests an exhaustive Family Impact Study of the matter. 29 14 Rejection of application 30 (1) The Commission is entitled to reject an application for a Study and 31 Assessment for any of the following reasons: 32 (a) The Commission is of the opinion that the application covers 33 too many matters and that those matters should properly be 34 the subject of separate applications. Page 7
Clause 14 Family Impact Commission Bill 2003 Part 3 Application for Study and Assessment 1 (b) The Commission is of the opinion that the application 2 contains insufficient or inaccurate information. 3 (c) Any other reason that the Commission thinks justifies 4 rejection of the application. 5 (2) The Commission must notify the applicant in writing if it rejects an 6 application. 7 (3) The notice of rejection must be given within 14 days of receipt of 8 the application and must detail the following: 9 (a) The reasons for the application being rejected. 10 (b) If rejection was based on the application covering too many 11 matters, a breakdown of the matters in respect of which a 12 separate application is required. 13 (c) Any other matters that the Commission thinks may be 14 relevant or of assistance to the applicant. Page 8
Family Impact Commission Bill 2003 Clause 15 Public release of Studies and Assessments Part 4 Part 4 Public release of Studies and Assessments 1 2 15 Copy to be furnished to applicant 3 (1) A copy of a Study and Assessment that results from an application 4 by a responsible authority is to be furnished to the responsible 5 authority. The responsible authority is to disseminate the Study and 6 Assessment among interested parties. 7 (2) The responsible authority is to consider and respond to a Study and 8 Assessment and is to communicate its response to the Commission 9 and other interested parties. 10 16 Copies to be made available for inspection and purchase 11 (1) A copy of each Study and Assessment is to be made available to the 12 public at the office of the Commission for inspection free of charge 13 and for purchase. 14 (2) The Commission may delay public release and availability of a 15 Study and Assessment that relates to proposed legislation or 16 expenditure if satisfied that there is good reason for the delay, until 17 the Bill is introduced into Parliament or the expenditure occurs. 18 17 Committee to be given copy of Study and Assessment 19 The Commission is to give each member of the Advisory 20 Committee a copy of each Study and Assessment before it is 21 publicly released. 22 18 Assessment to be read in Parliament 23 (1) An Assessment for a Bill is to be read during the second reading 24 speech made by the member introducing the Bill in each House of 25 Parliament. 26 (2) A copy of each Assessment is to be kept as part of the Budget papers 27 and other official records concerning the matter to which it relates. 28 (3) The Commission may indicate in an Assessment which parts (if 29 any) of the Assessment need not be included in it for the purposes 30 of this section. Page 9
Clause 19 Family Impact Commission Bill 2003 Part 5 Responsible authorities Part 5 Responsible authorities 1 2 19 Appointment of responsible authorities for proposals 3 (1) The Minister in consultation with the Commission is to appoint a 4 public authority or public official as the responsible authority for 5 any matter that requires a Study and Assessment. The Minister can 6 appoint himself or herself as a responsible authority. 7 (2) If 2 or more matters are such that they could reasonably be the 8 subject of the one Study and Assessment, the same responsible 9 authority should be appointed for them. 10 20 Advance notification of proposals by responsible authority 11 (1) Each responsible authority is required to furnish to the Commission 12 before 30 June in each year an outline of those matters for which the 13 authority will be seeking a Study and Assessment during the coming 14 year. 15 (2) The outline is to indicate the approximate number and general 16 nature of the matters concerned and the projected timing of the 17 applications. 18 (3) Each responsible authority must ensure that the applications it 19 makes for Studies and Assessments are to the maximum extent 20 possible spread evenly throughout the year. Page 10
Family Impact Commission Bill 2003 Clause 21 Information gathering etc Part 6 Part 6 Information gathering etc 1 2 21 Submissions 3 (1) The Commission may invite public submissions on any matter that 4 is the subject of a Study and is to give reasonable publicity to any 5 such invitation. 6 (2) The Commission is to make available a summary of any matter on 7 which the Commission has invited public submissions, in order to 8 assist a person to make a submission. 9 22 Referral of matters for report 10 (1) The Commission may refer any matter that is the subject of a Study 11 to any public official or public authority for investigation or other 12 specified action. 13 (2) The Commission may require the official or authority to furnish a 14 report on the matter or on the other action that the Commission 15 requires be taken. A report is to be furnished in accordance with any 16 directions given by the Commission. 17 23 Consultation with Committee 18 Generally all matters that are the subject of a Study should be 19 referred to the Advisory Committee for advice and consultation. 20 24 Investigations generally 21 The Commission may conduct investigations on its own initiative or 22 for the purposes of the preparation of a Study or Assessment. 23 25 Power to obtain information 24 (1) For the purposes of an investigation, the Commission may, by 25 notice in writing served on a public authority or public official, 26 require the authority or official to produce a statement of 27 information. 28 (2) The notice must specify or describe the information required, must 29 fix a time and date for compliance and must specify the person 30 (being the Commissioner, an Assistant Commissioner or any other 31 officer of the Commission) to whom production is to be made. 32 (3) The notice may provide that the requirement may be satisfied by 33 some other person acting on behalf of the public authority or public 34 official. Page 11
Clause 26 Family Impact Commission Bill 2003 Part 6 Information gathering etc 26 Power to obtain documents etc 1 2 (1) For the purposes of an investigation, the Commission may, by 3 notice in writing served on a person (whether or not a public 4 authority or public official), require the person: 5 (a) to attend at a time and place specified in the notice, before a 6 person (being the Commissioner, an Assistant Commissioner 7 or any other officer of the Commission) specified in the 8 notice, and 9 (b) to produce at that time and place to the person so specified a 10 document or other thing specified in the notice. 11 (2) The notice may provide that the requirement may be satisfied by 12 some other person acting on behalf of the person on whom it was 13 imposed. 14 27 Power to enter public premises 15 (1) For the purposes of an investigation, the Commissioner or an officer 16 of the Commission authorised in writing by the Commissioner may, 17 at any time: 18 (a) enter any premises occupied or used by a public authority or 19 public official in that capacity, and 20 (b) inspect any document or other thing in or on those premises, 21 and 22 (c) take copies of any document in or on the premises. 23 (2) The public authority or public official must make available to the 24 Commissioner or authorised officer such facilities as are necessary 25 to enable the powers conferred by this section to be exercised. 26 28 Hearings 27 (1) For the purposes of an investigation, the Commission may hold 28 hearings. 29 (2) A hearing is to be conducted by the Commissioner or by an 30 Assistant Commissioner, as determined by the Commissioner. 31 (3) At each hearing, the person presiding is to announce the general 32 scope and purpose of the hearing. 33 (4) A person appearing before the Commission at a hearing is entitled 34 to be informed of the general scope and purpose of the hearing. Page 12
Family Impact Commission Bill 2003 Clause 29 Information gathering etc Part 6 29 Public and private hearings 1 2 (1) A hearing is to be held in public, unless the Commission directs that 3 the hearing be held in private. 4 (2) If the Commission directs that a hearing be held in private, the 5 Commission may give directions as to the persons who may be 6 present at the hearing. 7 (3) At a hearing that is held in public, the Commission may direct that 8 the hearing or a part of the hearing be held in private and give 9 directions as to the persons who may be present. 10 (4) The Commission is not to give a direction under this section that a 11 hearing or part of a hearing be held in private unless it is satisfied 12 that it is desirable to do so in the public interest for reasons 13 connected with the subject-matter of the investigation or the nature 14 of the evidence to be given. 15 30 Power to summon witnesses etc 16 (1) For the purposes of an inquiry, the Commission has the powers, 17 authorities, protections and immunities conferred on a 18 commissioner by Division 1 of Part 2 of the Royal Commissions Act 19 1923 and that Act (section 13 and Division 2 of Part 2 excepted) 20 applies to any witness summoned by or appearing before the 21 Commission in the same way as it applies to a witness summoned 22 by or appearing before a commissioner. 23 (2) A witness appearing before the Commission is to be paid such 24 amount as the Commissioner determines, but not exceeding the 25 amount that would be payable to such a witness if he or she were a 26 Crown witness subpoenaed by the Crown to give evidence. Page 13
Clause 31 Family Impact Commission Bill 2003 Part 7 Commission Part 7 Commission 1 2 31 Constitution of Commission 3 (1) There is constituted by this Act a body corporate with the corporate 4 name of the Family Impact Commission. 5 (2) The functions of the Commission are exercisable by the 6 Commissioner, and any act, matter or thing done in the name of, or 7 on behalf of, the Commission by the Commissioner, or with the 8 authority of the Commissioner, is taken to have been done by the 9 Commission. 10 32 Functions of Commission 11 The Commission has the functions conferred or imposed on it by or 12 under this or any other Act and such other functions as may be 13 necessary or convenient to enable it to give effect to the object of 14 this Act. 15 33 Commissioner 16 (1) The Governor may appoint a Commissioner for the Family Impact 17 Commission. 18 (2) A person is not eligible to be appointed as Commissioner unless 19 recommended for appointment by the Advisory Committee. The 20 Committee is not to recommend a person unless satisfied that the 21 person is supportive of the principles set out in section 2 and is 22 experienced in and knowledgeable about issues which concern the 23 family. 24 (3) The Commissioner has and may exercise the functions conferred or 25 imposed on the Commissioner by or under this or any other Act. 26 (4) The Commissioner may, by instrument in writing, delegate to any 27 person any of the Commissioner's functions, other than this power 28 of delegation. 29 34 Assistant Commissioners 30 (1) The Governor may, with the concurrence of the Commissioner, 31 appoint one or more Assistant Commissioners for the Family 32 Impact Commission. 33 (2) A person is not eligible to be appointed as an Assistant 34 Commissioner unless recommended for appointment by the 35 Advisory Committee. The Committee is not to recommend a person Page 14
Family Impact Commission Bill 2003 Clause 35 Commission Part 7 1 unless satisfied that the person is supportive of the principles set out 2 in section 2 and is experienced in and knowledgeable about issues 3 which concern the family. 4 (3) An Assistant Commissioner has and may exercise the functions 5 conferred or imposed on an Assistant Commissioner by or under 6 this or any other Act. 7 (4) An Assistant Commissioner is to assist the Commissioner, as the 8 Commissioner requires. 9 35 Provisions relating to Commissioner and Assistant Commissioners 10 Schedule 2 has effect. 11 36 Staff 12 (1) Such staff as may be necessary to enable the Commission to 13 exercise its functions may be employed under Part 2 of the Public 14 Sector Employment and Management Act 2002. 15 (2) The Commission may arrange for the use of the services of any staff 16 or facilities of a public authority or local authority. Page 15
Clause 37 Family Impact Commission Bill 2003 Part 8 Advisory Committee Part 8 Advisory Committee 1 2 37 Constitution of Committee 3 There is constituted by this Act an Advisory Committee. 4 38 Functions 5 The functions of the Committee are as follows: 6 (a) to make recommendations for appointments to the offices of 7 Commissioner and Assistant Commissioner, 8 (b) to refer matters to the Commission for study and report, 9 (c) to give advice to and consult with the Commission on any 10 matter referred to the Committee by the Commission and on 11 such other matters as the Committee thinks fit, 12 (d) to investigate and report on matters referred to the Committee 13 by the Commission. 14 39 Membership and procedure 15 (1) The Committee is to consist of 15 members, as follows: 16 (a) the Director-General of the Premier's Department or an 17 officer of that Department nominated for the time being by the 18 Director-General, 19 (b) the Director-General of the Attorney General's Department or 20 an officer of that Department nominated for the time being by 21 the Director-General, 22 (c) the Director-General of the Department of Health or an 23 officer of that Department nominated for the time being by the 24 Director-General, 25 (d) 12 members appointed by the Governor, each being a person 26 nominated by, or by a body that the Minister is satisfied 27 represents, one of the following organisations, churches or 28 faiths: 29 (i) Institute of Family Studies, 30 (ii) Salvation Army, 31 (iii) Anglican Church, 32 (iv) Catholic Church, 33 (v) Uniting Church, 34 (vi) Jewish Faith, Page 16
Family Impact Commission Bill 2003 Clause 39 Advisory Committee Part 8 1 (vii) Greek Orthodox Church, 2 (viii) Presbyterian Church, 3 (ix) Assembly of God Church, 4 (x) Australian Federation of Festival of Light Community 5 Standards Organisation--NSW Branch, 6 (xi) Australian Family Association--NSW Branch, 7 (xii) NSW Council of Churches. 8 (2) Schedule 3 applies to the appointed members of the Committee. 9 (3) Schedule 4 provides for the procedure of the Committee. Page 17
Clause 40 Family Impact Commission Bill 2003 Part 9 General Part 9 General 1 2 40 Act binds Crown 3 This Act binds the Crown in right of New South Wales and, so far 4 as the legislative power of Parliament permits, the Crown in all its 5 other capacities. 6 41 Offences 7 A person must not: 8 (a) without lawful excuse, wilfully obstruct, hinder or resist the 9 Commissioner, an Assistant Commissioner or an officer of 10 the Commission in the exercise of his or her functions under 11 this Act, or 12 (b) without lawful excuse, refuse or wilfully fail to comply with 13 any lawful requirement made of the person under this Act, or 14 (c) make any statement to the Commissioner, an Assistant 15 Commissioner or an officer of the Commission exercising 16 functions under this Act, knowing the statement to be false or 17 misleading in a material particular. 18 Maximum penalty: 10 penalty units. 19 42 Annual report 20 (1) The Commission must within 4 months after 30 June in each year 21 prepare a report of its work and activities for the 12 months 22 preceding that date. 23 (2) The report is to include details of the following: 24 (a) the Family Impact Studies and Assessments prepared and 25 furnished by the Commission, 26 (b) any recommendations for changes in the law or for 27 administrative action that the Commission thinks should be 28 made or taken, 29 (c) the extent to which its studies have resulted in a change in 30 policy direction for the Government, 31 (d) any rejections of applications for Family Impact Studies, 32 (e) the major impact on the family of the matters studied by the 33 Commission during the year, 34 (f) any recommendations by the Commission for Government 35 expenditure in the following year. Page 18
Family Impact Commission Bill 2003 Clause 43 General Part 9 1 (3) The Commission is to present the report to the presiding officer of 2 each House of Parliament and the report is then, for all purposes, 3 taken to have been laid before each House of Parliament. 4 43 Service of documents 5 For the purposes of this Act, service of a document on a person may 6 be effected: 7 (a) on a natural person--by delivering it to the person personally 8 or by leaving it at or sending it by post to the residential or 9 business address of the person last known to the person 10 serving the document, or 11 (b) on a body corporate--by leaving it at or by sending it by post 12 to the head office, a registered office or a principal office of 13 the body corporate. 14 44 Proceedings for offences 15 Proceedings for an offence against this Act are to be dealt with 16 summarily before a Local Court constituted by a Magistrate sitting 17 alone. 18 45 Amendment of Statutory and Other Offices Remuneration Act 1975 19 (1976 No 4) 20 The Statutory and Other Offices Remuneration Act 1975 is amended 21 by inserting at the end of Part 1 of Schedule 2 the following: 22 Commissioner for the Family Impact Commission 23 Full-time Assistant Commissioner for the Family Impact 24 Commission 25 46 Amendment of Defamation Act 1974 No 18 26 The Defamation Act 1974 is amended by inserting after section 17M 27 the following section: 29 28 17MA Matters arising under the Family Impact Commission Act 2003 30 (1) There is a defence of absolute privilege for a publication to or 31 by the Family Impact Commission or the Commissioner for 32 the Commission as Commissioner, or to any officer of the 33 Commission (within the meaning of the Family Impact 34 Commission Act 2003) as such an officer. Page 19
Clause 47 Family Impact Commission Bill 2003 Part 9 General 1 (2) This section applies in relation to any hearing before the 2 Family Impact Commission or any other matter relating to the 3 powers, authorities, duties or functions of the Commission. 4 47 Regulations 5 The Governor may make regulations, not inconsistent with this Act, 6 for or with respect to any matter that by this Act is required or 7 permitted to be prescribed or that is necessary or convenient to be 8 prescribed for carrying out or giving effect to this Act. Page 20
Family Impact Commission Bill 2003 Application for Family Impact Study/Assessment Schedule 1 Schedule 1 Application for Family Impact Study/ 1 Assessment 2 3 (Sections 10 and 11) 4 1 Who is the relevant authority, individual or organisation requesting a Family 5 Impact Study/Assessment? 6 Name:..................................................................................................... 7 Address:..................................................................................................... 8 Phone:..................................................................................................... 9 Fax:..................................................................................................... 10 2 Give a clear and detailed description of the legislation or expenditure for which 11 you request a Family Impact Study/Assessment. 12 ......................................................................................................................... 13 ......................................................................................................................... 14 ......................................................................................................................... 15 3 Do you request an exhaustive Family Impact Study/Assessment (which could 16 delay receiving your Assessment by up to 6 months)? 17 G Yes G No 18 4 What are the objectives of the proposed legislation or expenditure? 19 ......................................................................................................................... 20 ......................................................................................................................... 21 ......................................................................................................................... 22 5 How many families would be affected by the proposed legislation or 23 expenditure? 24 ......................................................................................................................... 25 ......................................................................................................................... 26 ......................................................................................................................... 27 6 Which type of families would be affected by the proposed legislation or 28 expenditure? (eg families from a particular ethnic background or in a certain 29 geographical area) 30 ......................................................................................................................... 31 ......................................................................................................................... 32 ......................................................................................................................... Page 21
Family Impact Commission Bill 2003 Schedule 1 Application for Family Impact Study/Assessment 7 1 Give a full description of the likely moral effect of the proposed legislation or 2 expenditure. For example, does the legislation contradict the Judeo-Christian 3 ethic as the basic historic moral ethic of Australia? 4 ......................................................................................................................... 5 ......................................................................................................................... 6 ......................................................................................................................... 7 8 Will the proposed legislation or expenditure reinforce the stability of the home 8 and particularly the marital commitment that holds the home together? 9 ......................................................................................................................... 10 ......................................................................................................................... 11 ......................................................................................................................... 12 9 Will the proposed legislation strengthen or erode the authority of the home and 13 specifically the rights of the parents in relation to the education, nurture and 14 supervision of their children? 15 ......................................................................................................................... 16 ......................................................................................................................... 17 ......................................................................................................................... 18 10 Will the proposed legislation or expenditure help the family to perform its 19 function--or will it substitute government activity for that function? 20 ......................................................................................................................... 21 ......................................................................................................................... 22 ......................................................................................................................... 23 11 What message will the proposed legislation or expenditure send to the public 24 concerning the status of the family? 25 ......................................................................................................................... 26 ......................................................................................................................... 27 ......................................................................................................................... 28 12 What message will the proposed legislation or expenditure send to children and 29 young people concerning their behaviour, their personal responsibility and the 30 norms of our society? 31 ......................................................................................................................... 32 ......................................................................................................................... 33 ......................................................................................................................... Page 22
Family Impact Commission Bill 2003 Application for Family Impact Study/Assessment Schedule 1 13 1 Do any measures need to be taken in conjunction with the proposed legislation 2 or expenditure? 3 ......................................................................................................................... 4 ......................................................................................................................... 5 ......................................................................................................................... 6 14 From Question 13 give an assessment of the likely effectiveness of those 7 measures. 8 ......................................................................................................................... 9 ......................................................................................................................... 10 ......................................................................................................................... 11 15 Will the proposed legislation or expenditure reduce or increase earned 12 household income? 13 ......................................................................................................................... 9 ......................................................................................................................... 10 ......................................................................................................................... 14 16 If so by how much? 15 ......................................................................................................................... 9 ......................................................................................................................... 10 ......................................................................................................................... 16 17 Are there feasible alternatives to the proposed legislation or expenditure and 17 what is the reason for choosing the legislation or expenditure? 18 ......................................................................................................................... 19 ......................................................................................................................... 20 ......................................................................................................................... 21 18 Can alternatives be provided by voluntary, private and/or religious institutions 22 rather than Government instrumentalities? 23 ......................................................................................................................... 9 ......................................................................................................................... 10 ......................................................................................................................... Page 23
Family Impact Commission Bill 2003 Schedule 1 Application for Family Impact Study/Assessment 19 24 What would be the consequences of not proceeding with the proposed 25 legislation or expenditure? 26 ......................................................................................................................... 27 ......................................................................................................................... 28 ......................................................................................................................... 29 20 Will the proposed legislation or expenditure stress the integrity and 30 preservation of the family unit? 31 ......................................................................................................................... 32 ......................................................................................................................... 1 ......................................................................................................................... 2 21 Will the proposed legislation or expenditure respect family values and foster 3 right behaviour? 4 ......................................................................................................................... 5 ......................................................................................................................... 6 ......................................................................................................................... Page 24
Family Impact Commission Bill 2003 Provisions relating to Commissioner and Assistant Commissioners Schedule 2 Schedule 2 Provisions relating to Commissioner and 1 Assistant Commissioners 2 3 (Section 35) 4 1 Eligibility for appointment 5 A person is not eligible to be appointed as Commissioner or 6 Assistant Commissioner if the person is: 7 (a) the holder of any judicial office, or 8 (b) a member of the Legislative Council or the Legislative 9 Assembly or is a member of a House of Parliament of another 10 State or of a Territory or the Commonwealth. 11 2 Acting Commissioner or Assistant Commissioner 12 (1) The Governor may, from time to time, appoint a person to act in the 13 office of Commissioner or Assistant Commissioner during the 14 illness or absence of the Commissioner or Assistant Commissioner, 15 and the person, while so acting, has all the functions of the 16 Commissioner or Assistant Commissioner and is taken to be the 17 Commissioner or Assistant Commissioner. 18 (2) The Governor may, at any time, remove a person from the office to 19 which the person was appointed under this clause. 20 (3) A person while acting under this clause is entitled to be paid such 21 remuneration (including travelling and subsistence allowances) as 22 the Governor may from time to time determine in respect of that 23 person. 24 (4) For the purposes of this clause: 25 (a) a vacancy in the office of Commissioner or Assistant 26 Commissioner is to be regarded as an absence from office of 27 Commissioner or Assistant Commissioner, and 28 (b) an Assistant Commissioner is to be regarded as absent from 29 office as an Assistant Commissioner during any period when 30 the Assistant Commissioner acts in the office of the 31 Commissioner pursuant to an appointment under this clause. 32 3 Basis of offices 33 (1) The office of Commissioner is a full-time office. 34 (2) The office of Assistant Commissioner may be a full-time or a part- 35 time office, according to the terms of appointment. Page 25
Family Impact Commission Bill 2003 Schedule 2 Provisions relating to Commissioner and Assistant Commissioners 1 (3) The holder of a full-time office referred to in subclause (1) or (2) is 2 required to hold it on that basis, except to the extent permitted by the 3 Governor. 4 4 Terms of office 5 (1) Subject to this Schedule, the Commissioner or an Assistant 6 Commissioner holds office for such term not exceeding 5 years as 7 may be specified in the instrument of appointment, but is eligible (if 8 otherwise qualified) for reappointment. 9 (2) A person may not hold the office of Commissioner for terms 10 totalling more than 5 years. 11 (3) A person may not hold the office of Assistant Commissioner for 12 terms totalling more than 5 years. 13 5 Remuneration 14 (1) The Commissioner and a full-time Assistant Commissioner are 15 entitled to be paid remuneration in accordance with the Statutory 16 and Other Offices Remuneration Act 1975 and such travelling and 17 subsistence allowances as the Minister may from time to time 18 determine in respect of them. 19 (2) A part-time Assistant Commissioner is entitled to be paid such 20 remuneration (including travelling and subsistence allowances) as 21 may be specified in his or her instrument of appointment or as may 22 be afterwards determined by the Governor from time to time. 23 6 Vacancy in office 24 (1) The office of Commissioner or Assistant Commissioner becomes 25 vacant if the holder: 26 (a) dies, or 27 (b) completes a term of office and is not reappointed, or 28 (c) holds office for longer than the relevant period mentioned in 29 clause 4, or 30 (d) resigns the office by instrument in writing addressed to the 31 Governor, or 32 (e) becomes the holder of a judicial office, or Page 26
Family Impact Commission Bill 2003 Provisions relating to Commissioner and Assistant Commissioners Schedule 2 1 (f) is nominated for election as a member of the Legislative 2 Council or the Legislative Assembly or as a member of a 3 House of Parliament of another State or of a Territory or the 4 Commonwealth, or 5 (g) becomes bankrupt, applies to take the benefit of any law for 6 the relief of bankrupt or insolvent debtors, compounds with 7 his or her creditors or makes an assignment of his or her 8 remuneration for their benefit, or 9 (h) becomes a mentally incapacitated person, or 10 (i) is convicted in New South Wales of an offence that is 11 punishable by imprisonment for 12 months or more or is 12 convicted elsewhere than in New South Wales of an offence 13 that, if committed in New South Wales, would be an offence 14 so punishable, or 15 (j) is removed from office under subclause (2) or (3). 16 (2) The Commissioner may be removed from office by the Governor on 17 the address of both Houses of Parliament. 18 (3) The Governor may remove an Assistant Commissioner from office 19 for incapacity, incompetence or misbehaviour. 20 7 Filling of vacancy 21 (1) If the office of Commissioner becomes vacant, a person is, subject 22 to this Act, to be appointed to fill the vacancy. 23 (2) If the office of Assistant Commissioner becomes vacant, a person 24 may, subject to this Act, be appointed to fill the vacancy. 25 8 Public Sector Employment and Management Act 2002 26 The Public Sector Employment and Management Act 2002 does not 27 apply to the appointment of the Commissioner or an Assistant 28 Commissioner, and the holder of either office is not, as holder, 29 subject to that Act. 30 9 Judicial office 31 In this Schedule, judicial office means a judicial office of the State 32 or elsewhere in Australia. Page 27
Family Impact Commission Bill 2003 Schedule 3 Provisions relating to appointed members of Advisory Committee Schedule 3 Provisions relating to appointed members 1 of Advisory Committee 2 3 (Section 39) 4 1 Definition of appointed member 5 In this Schedule: 6 appointed member means an appointed member of the Committee. 7 2 Term of office 8 Subject to this Act, an appointed member holds office for such 9 period (not exceeding 2 years) as is specified in the member's 10 instrument of appointment but is eligible for reappointment if 11 otherwise qualified. 12 3 Remuneration 13 An appointed member is entitled to be paid such remuneration 14 (including travelling and subsistence allowances) as the Minister 15 may from time to time determine in respect of the member. 16 4 Deputies 17 (1) The Minister may, from time to time, appoint a person to be the 18 deputy of an appointed member, and the Minister may revoke any 19 such appointment. 20 (2) In the absence of an appointed member, the member's deputy: 21 (a) may, if available, act in the place of the member, and 22 (b) while so acting, has all the functions of the member and is to 23 be regarded as a member. 24 (3) A person while acting in the place of an appointed member is 25 entitled to be paid such remuneration (including travelling and 26 subsistence allowances) as the Minister may from time to time 27 determine in respect of the person. 28 5 Vacancy in office of appointed member 29 (1) The office of an appointed member becomes vacant if the member: 30 (a) dies, or 31 (b) completes a term of office and is not reappointed, or 32 (c) resigns the office by instrument in writing addressed to the 33 Minister, or Page 28
Family Impact Commission Bill 2003 Provisions relating to appointed members of Advisory Committee Schedule 3 1 (d) is removed from office by the Governor under this clause or 2 under Chapter 5 of the Public Sector Employment and 3 Management Act 2002, or 4 (e) is absent from 4 consecutive meetings of the Committee of 5 which reasonable notice has been given to the member 6 personally or in the ordinary course of post, except on leave 7 granted by the Committee or unless, before the expiration of 8 4 weeks after the last of those meetings, the member is 9 excused by the Committee for having been absent from those 10 meetings, or 11 (f) becomes bankrupt, applies to take the benefit of any law for 12 the relief of bankrupt or insolvent debtors, compounds with 13 his or her creditors or makes an assignment of his or her 14 remuneration for their benefit, or 15 (g) becomes a mentally incapacitated person, or 16 (h) is convicted in New South Wales of an offence which is 17 punishable by imprisonment for 12 months or more or is 18 convicted elsewhere than in New South Wales of an offence 19 which, if committed in New South Wales, would be an 20 offence so punishable. 21 (2) The Governor may remove an appointed member from office at any 22 time. 23 6 Filling of vacancy in office of appointed member 24 If the office of an appointed member becomes vacant, a person may, 25 subject to this Act, be appointed to fill the vacancy. Page 29
Family Impact Commission Bill 2003 Schedule 4 Procedure of Advisory Committee Schedule 4 Procedure of Advisory Committee 1 2 (Section 39) 3 1 Meetings 4 (1) Meetings of the Committee are to be held at such times and places 5 as are from time to time agreed upon by the members of the 6 Committee. The Committee must meet at least once each 3 months. 7 (2) The procedure for the calling of meetings of the Committee and for 8 the conduct of business at those meetings is, subject to this Act, to 9 be as determined by the Committee. 10 2 Quorum 11 The quorum for a meeting of the Committee is 8 members. 12 3 Presiding member 13 (1) A member of the Committee elected as the presiding member for the 14 meeting by the members present is to preside at a meeting of the 15 Committee. 16 (2) The member presiding at any meeting of the Committee has a 17 deliberative vote and, in the event of an equality of votes, has a 18 second or casting vote. 19 4 Voting 20 (1) A decision supported by a majority of the votes cast at a meeting of 21 the Committee at which a quorum is present is the decision of the 22 Committee, except as provided by subclause (2). 23 (2) A decision to recommend a person for appointment as the 24 Commissioner or as an Assistant Commissioner must be supported 25 by not less than 11 votes. 26 5 Minutes 27 The Committee is to cause full and accurate minutes to be kept of 28 the proceedings of each meeting of the Committee. Page 30
Family Impact Commission Bill 2003 Procedure of Advisory Committee Schedule 4 6 First meeting of the Committee 1 2 The Commissioner is to call the first meeting of the Committee in 3 such manner as the Commissioner thinks fit. Page 31
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