Community Welfare (Amendment) Act 1989 (NSW)

COMMUNITY WELFARE (AMENDMENT) ACT 1989 No. 162

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement

3. Amendment of Community Welfare Act 1987 No. 52

SCHEDULE 1 - AMENDMENTS RELATING TO OFFENCES AND

DISCIPLINE

SCHEDULE 2 • AMENDMENT RELATING TO APPEALS

COMMUNITY WELFARE (AMENDMENT) ACT 1989 No. 162

NEW SOUTH WALES

Act No. 162, 1989

An Act to amend the Community Welfare Act 1987 with respect to the employment and discipline of certain employees and offences relating [Assented to 14 December 1989] to the administration and execution of the Act; and for other purposes.

Community Welfare (Amendment) 1989

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Community Welfare (Amendment)

Act 1989.

Commencement

2. (1) This Act commences on a day or days to be appointed by

proclamation, except as provided by this section.

(2) The provisions of Schedule 2, and section 3 in its application to

that Schedule, commence on the date of assent to this Act

Amendment of Community Welfare Act 1987 No. 52

3. The Community Welfare Act 1987 is amended as set out in

Schedules 1 and 2.

SCHEDULE 1 - AMENDMENTS RELATING TO OFFENCES

AND DISCD7LINE

(Sec. 3)

(1) Section 13C:

After section 13B, insert
Regulations concerning employees of Community Welfare

Employment Corporation

13C. (1) The regulations may make provision for or with

respect to the employment of persons under section 13B,

of any such persons. including the conditions of employment and the discipline (2) The regulations may provide that one or more of the

following punishments may be imposed for an offence

against discipline:

(a) a caution;

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Community Welpre {Amendment) 1989

SCHEDULE 1 - AMENDMENTS RELATING TO OFFENCES

AND DISCIPLINE - continued

(b) a reprimand;
(c) a fine in an amount not exceeding 5 penalty units;
(d) reduction of salary,

(e) demotion to a lower position;

(f)	a direction that the person resign, or be allowed to resign, within such period as may be specified in the direction;
(g)	in the case of a person employed on probation, annulment of the person's employment;

(h) dismissal from employment

(3) The regulations may provide that a fine imposed for

an offence against discipline be deducted from the salary

of the person concerned.

(4) The regulations may provide that if a person

employed under section 13B:

(a)	is convicted in New South Wales of an offence that is punishable by penal servitude or imprisonment for 12 months or more; or
(b)	is convicted elsewhere than in New South Wales of an offence that, if it were committed in New South Wales, would be an offence so punishable,

the person may be dealt with as if the offence was an offence against discipline and liable to one or more of the punishments referred to in subsection (2).

(2) Sections 76A - 76C

After section 76, insert
Obstruction etc. of officers

76A A person who wilfully hinders, obstructs, delays, assaults or threatens with violence another person in the exercise of that other person's functions under this Act is guilty of an offence.

Maximum penalty. 10 penalty units or imprisonment for

12 months, or both.

Community Wei pre (Amendment) 1989

SCHEDULE 1 - AMENDMENTS RELATING TO OFFENCES

AND DISCIPLINE - continued

Person falsely representing as an officer

76B. A person, not being an officer, who:

(a)	assumes or uses the designation of officer or falsely represents himself or herself to be officially associated in any capacity with the Department; or
(b)	uses, for any fraudulent purpose, any designation which that person previously held in the Department,

is guilty of an offence.

Maximum penalty: 10 penalty units or imprisonment for

12 months, or both.

False or misleading statements
76C. A person must not, in any application under this Act or in connection with an inquiry made by an officer in relation to any such application:

(a) make a statement; or

(b) furnish information,

that the person knows to be false or misleading in a

material particular.

Maximum penalty: 5 penalty units.

(3) Section 78 (Regulations):

At the end of section 78, insert

(2) A regulation may create an offence punishable by a

penalty not exceeding 5 penalty units.

SCHEDULE 2 - AMENDMENT RELATING TO APPEALS

(Sec. 3)

Section 53A:

After section 53, insert

Parties to certain appeals

53A (1) An appeal to the Tribunal that may be made
under the community welfare legislation against a decision
of the Minister or the Director-General may be made by

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Community Welfare (Amendment) 1989

SCHEDULE 2 - AMENDMENT RELATING TO

APPEALS - continued

any person who believes he or she has a genuine concern in the
subject-matter of the decision.

(2) Without limiting the generality of subsection (1), an appeal against a decision concerning a child may be made by any person responsible for the child.

(3) An appeal must be made within 28 days after the making of the
decision appealed against or within such longer period as the Tribunal
may (whether before or after the expiration of that period) determine.

(4) The parties to an appeal to the Tribunal with respect to a

decision of the Minister or the Director-General are:

(a) the Minister or the Director-General, as the case requires; and

(b) the person who appeals against the decision; and

(c)	any person who was entitled to, but did not, appeal against the decision, but only if that person applies to the Tribunal to be made such a party and the application is approved by the Tribunal; and
(d)	any person who would, if the decision of the Minister or the Director-General were reversed or varied, be entitled to appeal against the decision as so reversed or varied, but only if that person applies to the Tribunal to be made such a party and the application is approved by the Tribunal.

(5) The Tribunal is not required to hear or determine an appeal made by a person referred to in subsection (1) unless the Tribunal considers the person to have a genuine concern in the subject-matter of the decision to which the appeal relates.

[Minister's second reading speech made in -

Legislative Council on 14 November 1989
Legislative Assembly on 21 November 1989]