New South Wales Consolidated Acts

COMMUNITY SERVICES (COMPLAINTS, REVIEWS AND MONITORING) ACT 1993

- As at 1 January 2012
- Act 2 of 1993

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects and principles
   4.      Definitions
   5.      Administration of community welfare legislation
   6.      Act binds the Crown

   PART 2 - OFFICIAL COMMUNITY VISITORS

   7.      Appointment of Official Community Visitors
   8.      Functions of Official Community Visitors
   8A.     Provision of information to Children’s Guardian
   9.      Co-ordination of Official Community Visitors
   10.     Annual report

   PART 3 - COMMUNITY SERVICES FUNCTIONS OF OMBUDSMAN

           Division 1 - General functions

   11.     Community services functions of Ombudsman
   12.     Community Services Division of Ombudsman’s Office

           Division 2 - Reviews

   13.     Review of situation of children and other persons in care
   14.     Review of complaints handling systems

           Division 3 - Application of powers under Ombudsman Act 1974

   15.     Application of provisions of the Ombudsman Act 1974 to reviews and other functions

           Division 4 - Additional functions

   16.     Application of Division
   17.     Powers of entry
   18.     Search warrants
   19.     Offence: obstructing the Ombudsman
   20.     Relationship to Ombudsman Act 1974

   PART 4 - COMPLAINTS

   21.     Definition
   22.     Complaints about service providers
   23.     Who may make a complaint?
   24.     Application of Ombudsman Act 1974 to complaints under this Act
   25.     Referral of complaints about service providers or to service providers for resolution
   26.     Can a complaint be withdrawn?
   27.     Additional grounds for investigating complaint

   PART 5 - REVIEW BY TRIBUNAL OF DECISIONS

   28.     Applications to Administrative Decisions Tribunal for reviews of decisions
   29.     Who may apply to the Tribunal?
   30.     Representative applications
   31.     Alternatives to Tribunal determining the matter
   32.     Additional powers of Tribunal
   33.     Right of appearance
   34.     Costs

   PART 5A - CHILD DEATH REVIEW TEAM

           Division 1 - Preliminary

   34A.    Object of Part
   34B.    Definitions

           Division 2 - Constitution and functions of the Team

   34C.    Establishment and composition of the Team
   34D.    Functions of the Team
   34E.    Appointment of expert advisers
   34F.    Annual report to Parliament
   34G.    Annual child death review report
   34H.    Other reports
   34I.    Preparation and presentation of reports
   34J.    Application of Ombudsman Act 1974

           Division 3 - Access to and confidentiality of information

   34K.    Duty of persons to assist the Team
   34L.    Confidentiality of information
   34M.    Dishonestly obtaining information

           Division 4 - Miscellaneous

   34N.    Execution of documents
   34O.    Proceedings for offences under Part
   34P.    Review of Part

   PART 6 - REVIEWS OF DEATHS OF CHILDREN IN CARE AND CERTAIN OTHER CHILDREN AND PERSONS WITH DISABILITIES IN CARE

   35.     Application of Part
   36.     Systemic review of deaths of children at risk of harm, children in care or other persons in care
   37.     Notification to Ombudsman of reviewable deaths
   38.     Provision of information and assistance to Ombudsman
   39.     Information to be provided by Ombudsman
   40.     Protections relating to information provided under this Part
   41.     Advisory committees
   42.     Application of provisions of the Ombudsman Act 1974 to this Part
   43.     Reports
   43A.    (Repealed)

   PART 6A - AUDIT OF INTERAGENCY PLAN RELATING TO CHILD SEXUAL ASSAULT IN ABORIGINAL COMMUNITIES

   43B.    The Interagency Plan
   43C.    Audit of implementation of Interagency Plan
   43D.    Provision of information
   43E.    Application of Ombudsman Act 1974

   PART 7 - MISCELLANEOUS

   44.     Condition of provision of funds
   45.     Reasons to be given for certain decisions
   46.     Notices etc to be written in other languages
   47.     Protection of complainant against retribution
   48.     Exclusion of personal liability
   49.     Section 3 does not give rise to or affect a cause of action
   50.     Proceedings for offences
   51.     Savings and transitional provisions
   52.     Regulations
   53.     Review of Act
           SCHEDULE 1
           SCHEDULE 2