New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
(Residents Amenities Accounts)
Bill 1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to provide for the use of money held since 1989 on behalf of residents
of certain Government residential centres who have disabilities, and
(b)
to validate the actions in good faith of persons who have held money
on behalf of residents of those centres.
Clause 2 provides that the proposed Act will commence on the date on
which the Governor assents to it.
Clause 3 gives effect to the Schedule of amendments to the Disability
Sewices Act 1993.
Schedule 1 Amendments
Schedule 1 (1) inserts in the Disability Services Act 1993 proposed section
26A which will give effect to proposed Schedule 3 to that Act.
Schedule 1 (2) inserts in the Disability Sewices Act 1993 proposed
Schedule 3. That Schedule contains the following provisions:
*
Clause 1, which defines relevant expressions for the purposes of the
Schedule.
*
Clause 2, which will allow money held in residents' amenities
accounts at Government residential centres that are still operating to
be used to provide amenities for the benefit of the residents of those
centres. However, the use must be in accordance with a scheme
approved by the Minister from time to time. The Minister will be able
to give approval only after consulting persons who are residents of the
centre concerned or who appear to the Minister to be representatives
of those residents.
*
Clause 3, which will allow the Minister to deal with money held in
residents' amenities accounts in relation to Government residential
centres that have ceased to operate. The Minister will be able to pay
money held in such an account to the person in charge of an existing
Government residential centre to be used to provide amenities for the
benefit of the residents of the centre. Alternatively, the Minister will
be able to pay some or all of that money to the person in charge of
premises under the Minister's control that are used for providing
accommodation, support or other services to persons who have
disabilities for the benefit of the residents of those premises.
*
Clause 4, which will make it clear that money held in a residents'
amenities account may be invested pending its use for the purpose of
providing amenities for the benefit of residents of existing
Government residential centres or premises of the kind referred to in
proposed clause 3.
Explanatory note page 2
*
Clause 5, which will validate acts or omissions of certain persons
relating to the holding, investment or other dealing with money held
in custody or safe-keeping on behalf of residents of Government
residential centres before the commencement of proposed Schedule 3
so long as those acts or omissions were done or committed in good
faith. The clause also provides that no claim will be sustainable with
respect to such acts or omissions unless it is proved that they were not
done or committed in good faith and extinguishes any entitlements
that persons may have had in respect of that money.
Explanatory note page 3