Acts Amendment (Department for Community Services) Act 1984 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(DEPARTMENT

OF COMMUNITY SERVICES).

No. 121 of 1984.

AN ACT to amend the Community Welfare Act 1972 with respect to certain offices in the Department for Community Welfare and the name of that Department and to amend certain other Acts consequentially.

[Assented to 19 December 1984.]

RE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I-PRELIMINARY.

1. This Act may be cited as the Acts Amendment Short title.

(Department for Community Services) Act 1984.

No. 121.] Acts Amendment (Department

[1984.

of Community Service).

Commence-

ment.

2. This Act shall come into operation on a day to be fixed by proclamation.

PART II-COMMUNITY WELFARE ACT 1972.

Principal

Act.	3.	In this Part the Community Welfare Act 1972
Act No. 31

of 1972 as

is referred to as the principal Act.

amended by

Act No. 5

of 1978.

Long title

The long title of the principal Act is amended

by deleting "Welfare" and substituting the

following-

amended.

" Services ".

Short title

The short title of the principal Act is amended

by deleting "Welfare" and substituting the

following-

amended.

" Services ".

Section 3

amended.

Section 3 of the principal Act is amended

(a)	in the definition of "delegate" by deleting "Director" and substituting the following-

" Director-General ";

(b)	in the definition of "Department" by deleting "Welfare" and substituting the following-

" Services "; and

(c)	by deleting the definition of "the Director" and substituting the following definition

CC "Director-General" means the Director-

General of the Department for

Community Services. ".

1984.]

Acts Amendment (Department [No. 121.

of Community Service).

7. Section 4 of the principal Act is amended by =al

deleting "Welfare" and substituting the following-

" Services ".

8. The principal Act is amended by deleting oefferences

"Director" wherever it occurs in the provisions amended.

referred to in the Schedule to this section and

substituting in each case the following-

" Director-General ".

SCHEDULE.

Provision.

Section 5 (2)	Section 16
Section 7 (2)	Section 18
Section 11 (1)	Section 19
Section 13	Section 20
Section 14	Section 22.
Section 15

Section 5

Section 5 of the principal Act is amended in

subsection (2) by deleting ", 1904" and substituting

the following

amended.

" 1978 ".

10. Section 7 of the principal Act is amended— amended.

(a)	by repealing subsection (1) and substitut- ing the following subsection

(1) Subject to subsection (2), a person shall be appointed under and subject to the Public Service Act 1978 to the office of Director-General. ";

and

(b)	in subsection (2), by inserting after "behavioural" the following-

" or social ".

No. 121.] Acts Amendment (Department

[1984.

of Community Service).

Section 8

amended.

11. Section 8 of the principal Act is amended

(a)	by repealing subsections (1) and (2) and substituting the following subsections

(1) Subject to subsection (2), a person shall be appointed under and subject to the Public Service Act 1978 to the office of Assistant Director- General and that person when so appointed is authorized to exercise any power and perform any duty that the Director-General may exercise or is required to perform under this Act, whether the Director-General is absent or not; but the appointment of an Assistant Director-General does not affect the exercise or discharge by the Director-General himself of any power or duty.

(2) The person who is to be appointed the Assistant Director- General shall be chosen from amongst persons who would be eligible for appointment to the office of Director- General. "; and

(b)	in subsection (3) by deleting ", 1904" and substituting the following-

" 1978 ".

Section 9

repealed.	12.	Section 9 of the principal Act is repealed.
Section 23	13.

Section 23 of the principal Act is amended by

deleting "The Director, the deputy of the Director,"

and substituting the following-

amended.

" The Director-General, the Assistant Director- General, ",

1984.]

Acts Amendment (Department [No. 121.

of Community Service).

14. Section 24 of the principal Act is amended by 2=ler

deleting "the Director, the deputy of the Director,"

and substituting the following-

" the Director-General, the Assistant Director-

General, ".

Transitional.

15.

(1) In respect of the year ending on 30 June 1985, section 11 (1) of the principal Act shall be taken to have been complied with if the Director- General prepares and furnishes to the Minister a report in writing of the operations of the Department during the period from the date of his appointment as Director-General to 30 June 1985.

(2) A delegation made by the Director of the Department for Community Welfare under section 20 of the principal Act and in force immediately before the coming into operation of this Act shall, upon the coming into operation of this Act, be deemed to have been made by the Director-General and shall continue to have effect in all respects and subject to the same terms and conditions as if it were made by the Director-General; and the Director- General may, with the approval of the Minister, vary or revoke any such delegation.

PART III-CHILD WELFARE ACT 1947.

In this Part the Child Welfare Act 1947 is referred to as the principal Act.	Principal
Act.
Reprinted
as approved
30 August 1984 and amended by
Act No. 52 of 1984.

16.

Section 4 of the principal Act is amended in subsection (1) by deleting the definitions of "Department" and "Director" and substituting the following definitions-	Section 4
amended.

17.

" "Department" means the Department for Community Services established under section 4 of the Community Services Act 1972;

No. 121.] Acts Amendment (Department

[1984.

of Community Service).

"Director-General" means the Director- General of the Department for Community Services appointed under section 7 of the Community Services Act 1972; ".

References

The principal Act is amended by deleting "Director" wherever it occurs in the principal Act, other than in sections 4 (1), 6 (la) and (2) and 9A (1), and substituting in each case the following-

to Director

18.

amended.

" Director-General ".

Section 6

emended.

19.

Section 6 of the principal Act is amended

(a) in subsection (1a)—

(i) by deleting "Director" where it first occurs and substituting the following-

" Director-General "; and

(ii) by deleting "Welfare Act 1972 to be the deputy of the Director" and substituting the following-

" Services Act 1972 to be the

Assistant Director-General ";

and

(b) in subsection (2)-

(i) by deleting "Director" in the first and third places where it occurs and substituting in each of those places the following-

" Director-General "; and

(ii) by deleting "person appointed under section 8 of the Community Welfare Act 1972 to be the deputy of the Director" and substituting the following-

" Assistant Director-General of the

Department ".

1984.]

Acts Amendment (Department [No. 121.

of Community Service).

20. Section 9A of the principal Act is amended in ac=a,

subsection (1)—

(a)	by deleting "Director" where it first occurs and substituting the following-

" Director-General "; and

(b)	by deleting "person appointed under section 8 of the Community Welfare Act 1972 to be the deputy of the Director" and substituting the following-

" Assistant Director-General of the Department ".

PART IV-WELFARE AND ASSISTANCE ACT 1961.

21. In this Part the Welfare and Assistance Act ZriPal

Act No. 22

1961 is referred to as the principal Act.

of 1961.

22. Section 4 of the principal Act is amended— amended.

(a)	by deleting the definitions of "Department" and "Director" and substituting the following definitions-

" "Department" means the Department for Community Services estab- lished under section 4 of the Community Services Act 1972;

"Director-General" means the Director- General of the Department for Community Services appointed under section 7 of the Community Services Act 1972 and includes the Assistant Director-General of that Department appointed under section 8 of that Act; "; and

(b) by deleting the definition of "Minister".

No. 121.] Acts Amendment (Department

[1984.

of Community Service).

References

to Director

23. The principal Act is amended by deleting

amended.

"Director" wherever it occurs in the provisions referred to in the Schedule to this section and substituting in each case the following-

" Director-General ".

SCHEDULE.

Provision.

Section 7 (1)	Section 29
Section 9 (1)	Section 30 (1)
Section 15	Section 31
Section 18	Section 32
Section 26 (1)	Section 33 (1).
Section 27

PART V—ADOPTION OF CHILDREN ACT 1896.

Principal

Act.	24.	In this Part the Adoption of Children Act
Reprinted

as approved

1896 is referred to as the principal Act.

24 January

1984.

Section 2

amended.

25.

Section 2 of the principal Act is amended

(a)	in the definition of "the Department" by deleting "Welfare" and substituting the following

" Services "; and

(b)	by deleting the definition of "the Director" and substituting the following definition-

" "the Director-General" means the Director-General of the Depart- ment for Community Services appointed under section 7 of the Community Services Act 1972; ".

1984.1

Acts Amendment (Department [No. 121.

of Community Service).

"Director" wherever it occurs in the provisions amended.

26.

The principal Act is amended by deleting Infreetgeost.

referred to in the Schedule to this section and

substituting in each case the following-

" Director-General ".

SCHEDULE.

Provision.

Section 4C	Section 16A
Section 4D	Section 18 (2)
Section 4E	Section 19 (2)
Section 4G	Section 20 (2)
Section 41-1	Section 22
Section 5	Section 23 (1)
Section 5B	Section 23A
Section 9 (1)	Section 24A (1)
Section 13	Section 24B.

27. The principal Act is amended by deleting .t4;elpgigg.

"Department for Community Welfare" wherever it gigatfority

occurs in the provisions referred to in the Schedule vireleilla:d"

to this section and substituting in each case the

following-

" Department for Community Services

SCHEDULE.

Provision.

Section 4D (2)	Section 13 (1) (d).
Section 5B

Section 411

28.

Section 4H of the principal Act is amended in

paragraph (e) of subsection (15) by deleting

"Director's" and substituting the following-

amended.

" Director-General's ".

No. 121.1 Acts Amendment (Department

[1984.

of Community Service).

Section 13A

Section 13A of the principal Act is amended

in subsection (1) by deleting "for Community

Welfare" and substituting the following-

amended.

29.

" to whom the administration of this Act is committed ".

PART VI-LEGAL REPRESENTATION OF

INFANTS ACT 1977.

Section 5	30.	Section 5 of the Legal Representation of
amended.
Act No.

43 of 1977.

Infants Act 1977 is amended in subsection (5)-

(a)	by deleting "Director of the Department for Community Welfare" and substituting the following-

" Director-General of the Department for Community Services "; and

(b)	by deleting "Director" in the second place where it occurs and substituting the following-

" Director-General ".

PART VII-HIRE-PURCHASE ACT 1959.

Section 18

amended.

31. Section 18 of the Hire-Purchase Act 1959 is

Reprinted	amended
as approved
27 October

1981.

(a)

in subsection (9) by deleting "Director of the Department for Community Welfare appointed under the Community Welfare Act 1972" and substituting the following

Director-General of the Department for

Community Services "; and

(b)	in subsection (10) by deleting "Director of the Department for Community Welfare" in both places where it occurs and substituting in each case the following-

" Director-General of the Department for

Community Services ".

1984.1

Acts Amendment (Department [No. 121.

of Community Service).

PART VIII-ABORIGINAL AFFAIRS PLANNING

Principal

Act.

AUTHORITY ACT 1972.	ofAct s	No. 24
1972 a

32. In this Part the Aboriginal Affairs Planning aAngsnitViO0

Authority Act 1972 is referred to as the principal g7191/9141P

Section 19

Act.

amended.

33. Section 19 of the principal Act is amended in

subsection (1) by deleting "Welfare" in paragraph

(c)	and substituting the following- " Services ".

34. Section 35 of the principal Act is amended— 2=neri5

(a)	in subsection (4) by deleting "Director of the Department for Community Welfare" and substituting the following-

" Director-General of the Department for Community Services "; and

(b)	in subsection (5) by deleting "Director of the Department for Community Welfare" and substituting the following-

" Director-General of the Department for Community Services ".

35. Section 48 of the principal Act is amended graodne18

by deleting "Welfare" and substituting the

following-

" Services ".

PART IX-DEATH DUTY ASSESSMENT ACT 1973.

36. Section 7 of the Death Duty Assessment Act :,t,acTe'd

1973 is amended by deleting paragraph (c) of sub- Act No. 80

section (2) and substituting the following C	r	tin glI3	c/Ol	g by
A

Acts No

paragraph—	79 of 1974,
144 of 1976,

" (c) the Director-General or the Assistant 60 of

Director-General of the Department for ralof 1982.

Community Services, or to any person authorized in writing by such Director-General or Assistant Director- General; ".

No. 121.J Acts Amendment (Department

[1984.

of Community Service).

PART X-EDUCATION ACT 1928.

Principal

Act.	37. In this Part the Education Act 1928 is
Reprinted as

approved	referred to as the principal Act.
19 July 1984
Section 17B

Section 17B of the principal Act is amended

in subsection (2) by deleting "Welfare" and

substituting the following-

amended.

38.

" Services ".

Section 18

Section 18 of the principal Act is amended by deleting "Welfare" in the second place where it occurs in subsection (1) and wherever it occurs in subsections (2) and (3) and substituting in each case the following-

amended.

39.

" Services ".

PART XI-THE CRIMINAL CODE.

Interpreta-

tion	40.	In this Part, "the Code" means The Criminal
Reprinted

as approved	Code set out in the Schedule to the Criminal Code
13 December
1983 and	Act 1913 appearing in Appendix B to the Criminal
by Act No.
amended	Code Act Compilation Act 1913, as amended from
52 of 1984.	time to time.
Section 19
amended.	41. Section 19 of the Code is amended by deleting "Child Welfare Department" in paragraph (6a) (b) and substituting the following-

" Department for Community Services ".