New South Wales Consolidated Acts

COMMUNITY SERVICES (COMPLAINTS, REVIEWS AND MONITORING) ACT 1993 - SECT 4

4 Definitions

(1) In this Act:
"child in care" means a child or young person under the age of 18 years:

(a) who is under the parental responsibility of the Minister administering the Children and Young Persons (Care and Protection) Act 1998 , or

(b) for whom the Director-General of the Department of Community Services or a designated agency has the care responsibility under section 49 of the Children and Young Persons (Care and Protection) Act 1998 , or

(c) who is a protected person within the meaning of section 135 of the Children and Young Persons (Care and Protection) Act 1998 , or

(d) who is the subject of an out-of-home care arrangement under the Children and Young Persons (Care and Protection) Act 1998 , or

(e) who would be, if the amendments made by Schedule 1 [17] and [18] to the Children and Young Persons (Care and Protection) Amendment (Permanency Planning) Act 2001 were in force, the subject of an out-of-home care arrangement referred to in paragraph (d), or

(f) who is the subject of a sole parental responsibility order under section 149 of the Children and Young Persons (Care and Protection) Act 1998 , or

(g) who is otherwise in the care of a service provider.

"Community and Disability Services Commissioner" means a Deputy Ombudsman appointed as Community and Disability Services Commissioner under section 8 (1A) of the Ombudsman Act 1974 .
"community service" means:

(a) a service rendered under the community welfare legislation, or

(b) a service rendered by a person or organisation that is covered by an arrangement referred to in paragraph (f) of the definition of "service provider" in this section.

"Community Services Division" means the Community Services Division of the Ombudsman’s Office established under section 12.
"community welfare legislation" means the following Acts and the instruments in force under those Acts:

(a) this Act,

(b) the Adoption Act 2000 ,

(c) the Children and Young Persons (Care and Protection) Act 1998 ,

(d) the Community Welfare Act 1987 ,

(e) the Disability Services Act 1993 ,

(f) the Guardianship Act 1987 ,

(g) the Home Care Service Act 1988 ,

(h) the Youth and Community Services Act 1973 ,

(i) any other Act relating to the provision of community services that is prescribed by the regulations.

"exercise" of a function includes, where the function is a duty, the performance of the duty.
"function" includes a power, authority and duty.
"parental responsibility", in relation to a child or young person, means all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children.
"person eligible for a service" includes a person claiming to be eligible for a service.
"public authority" has the same meaning as it has in the Ombudsman Act 1974 .
"relevant Minister", in relation to a service provider, means:

(a) in the case of a service provider that is a Government Department, the Minister responsible for that Department, or

(b) in the case of a person or organisation authorised, licensed or funded by a Minister to provide a service, that Minister, or

(c) in the case of the Home Care Service of New South Wales or a person or organisation funded by the Service to provide a service, the Minister responsible for the Home Care Service of New South Wales, or

(d) in any other case, the Minister for Community Services.

"residential centre for handicapped persons" means:

(a) premises declared to be a residential centre for handicapped persons under section 3A of the Youth and Community Services Act 1973 , or

(b) premises licensed under Part 3 of the Youth and Community Services Act 1973 ,

but does not include premises exempted from the requirement to be licensed under that Act.
"service" includes a statutory or other function, and "rendering" or "providing" a service includes exercising such a function.
"service provider" means:

(a) the Department of Community Services, or

(b) the Ageing and Disability Department, or

(c) a person or organisation funded by the Minister for Community Services, the Minister for Aged Services or the Minister for Disability Services to provide a service, or

(d) a person or organisation authorised or licensed by the Minister for Community Services, the Minister for Aged Services or the Minister for Disability Services to provide a service, or

(e) the Home Care Service of New South Wales or a person or organisation funded by the Home Care Service to provide a service, or

(f) a person or organisation that is covered by an arrangement (made after the commencement of this section) between the Minister for Community Services and a State or Commonwealth Minister, under which arrangement that State or Commonwealth Minister agrees to the person or organisation being a service provider for the purposes of this Act, or

(g) an authorised carer or designated agency within the meaning of the Children and Young Persons (Care and Protection) Act 1998 , or

(h) the proprietor or occupier of premises that consist of a residential centre for handicapped persons.

"Tribunal" means the Administrative Decisions Tribunal established by the Administrative Decisions Tribunal Act 1997 .
"visitable service" has the same meaning as it has in section 8.

(2) Notes included in this Act do not form part of this Act.