Youth and Community Services (Amendment) Act 1979 (NSW)
YOUTH AND COMMUNITY SERVICES
(AMENDMENT) ACT, 1979, No. 130
ANNO VICESIMO OCTAVO
ELIZABETHE II REGINE
Act No. 130, 1979.
An Act to amend the Youth and Community Services Act, 1973, so as to provide for the licensing of certain premises at which handicapped persons reside; and for certain other purposes. [Assented to, 13th November, 1979.]
See also Child Welfare (Amendment) Act, 1979.
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
1. This Act may be cited as the "Youth and Community
| Services (Amendment) Act, | 1 9 7 9 " . |
2 . ( 1 ) This section and section 1 shall commence on the date
of assent to this Act.
(2 ) Except as provided in subsection ( 1 ) , this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 . The Youth and Community Services Act, 1973, is referred
to in this Act as the Principal A c t
4 . This Act contains the following Schedules :—
SCHEDULE 1 . — A M E N D M E N T S TO THE PRINCIPAL A C T . SCHEDULE 2 .—APPLICATION OF CERTAIN REGULATIONS
U N D E R THE CHILD WELFARE A C T , 1939.
5. The Principal Act is amended in the manner set forth in
Schedule 1.
6. (1 ) Schedule 2 has effect. (2 ) A regulation may be made under the Principal Act, as
amended by this Act, repealing Schedule 2.
SCHEDULE 1.
AMENDMENTS TO THE PRINCIPAL ACT.
(1) (a) Long t i t l e - Omit "to change the title of the Department of Child
Welfare and Social Welfare;".
(b) Long title—
After "performed;", insert "to provide for the licensing of certain premises at which handicapped persons reside;".
( 2 ) Part I, heading— Before section 1, insert:—
PARTI.
PRELIMINARY.
( 3 ) Section 2 A — After section 2 , insert:—
2A. This Act is divided as follows :— PART I.—PRELIMINARY—ss. 1 - 5 .
PART II.—YOUTH AND COMMUNITY SERVICES
GENERALLY—ss. 6 - 1 0 .
PART III.—LICENSING OF RESIDENTIAL CENTRES
FOR HANDICAPPED PERSONS—ss. 1 1 - 2 7 .
PART IV.—MISCELLANEOUS—ss. 2 8 - 3 4 .
SCHEDULE.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(4 ) (a) Section 3, definitions of "Director", "handicapped person", "licence", "licensed manager", "licensed premises", "licensee"—
After the definition of "Department", insert:—
"Director" means the Department Head of the Department or any person acting as Department Head of the Department;
"handicapped person" means a person who is senile, temporarily or permanently incapacitated for work, mentally ill, intellec tually handicapped, physically handicapped, sensorily handicapped, chronically ill, of advanced age or suffering from any medical condition prescribed by the regulations, or any combination of those disabilities, and who requires supervision or social habilitation;
"licence" means a licence that is in force after
having been granted under Part III;
"licensed manager" means the person for the time being specified under section 13 (1) (c) i n a licence;
"licensed premises" means premises licensed for the purposes of Part III; "licensee" means the person to whom a licence has
been granted;
(b) Section 3, definition of "permanent head"— Omit the definition.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(c)
Section 3, definitions of "permit", "premises", "proprietor"—
Before the definition of "regulations", insert:—
"permit" means a permit that is in force after having
been issued under Part III;
"premises" means any place, vehicle or vessel;
"proprietor" means—
(a) in relation to premises that are not leased—the owner or any joint owner
of the premises; or(b) in relation to premises that are leased —the lessee or any joint lessee who is entitled to immediate possession of the premises;
(d) Section 3, definition of "regulations"—
Omit "Act.", insert instead "Act;".
(e)
Section 3, definitions of "relative", "residential centre for handicapped persons"—
After the definition of "regulations", insert :—
"relative", in relation to a person, means—
(a) a husband, wife, parent, step-parent, son, daughter, step-son, step-daughter,
grandparent, grandchild, brother, sister, step-brother, step-sister, uncle,
S C H E D U L E 1-—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
aunt, niece or nephew (whether by consanguinity or affinity) of the person;
(b) a guardian of the person; or
(c) a custodian of the person within the meaning of section 47 (3) of the Child
Welfare Act, 1939;
"residential centre for handicapped persons" means any premises comprising or of the nature of lodgings or a boarding house, home or hostel—
(a) at which 2 or more handicapped persons reside—
(i) subject to the payment of a fee or the giving of some other consideration; and
(ii) otherwise than with a person who is a relative of each of those persons, is of or above the age of 18 years and is not a
handicapped person; or (b) declared to be a residential centre for handicapped persons by an order in force under section 3A,
but does not include any premises that—
(c)
form part of a State school or certified school within the meaning of the Public Instruction (Amendment) Act, 1916; or
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(d) comprise or form part of—
(i) a private hospital or nursing
home licensed under the Private Hospitals Act, 1908;
(ii) an admission centre, an authorised hospital or a mental hospital within the meaning of the Mental Health Act, 1958;
(iii) an incorporated hospital or a
separate institution within the meaning of the Public Hospi tals Act, 1929, premises controlled by an associated organisation within the mean ing of that Act or a hospital specified in the Fifth Schedule to that Act; or
(iv) premises exempted from the operation of Part III by an
order in force under section 3B.
(5) Sections 3A, 3B—
After section 3, insert :— 3A. (1) The Minister may, by order in writing served on the proprietor or occupier of premises comprising or of the nature of lodgings or a boarding house, home or hostel, declare those premises to be a residential centre for handi capped persons if he considers that 2 or more handicapped persons- reside at the premises—
(a)
whether or not subject to the payment of a fee or the giving of some other consideration; and
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) otherwise than with a person who is a relative of each of those persons, is of or above the age of 18 years and is not a handicapped person.
(2 ) An owner, an occupier or a lessee of any premises in respect of which an order made under subsection (1 ) is in force may, at any time, appeal to the District Court against the declaration of those premises as a residential centre for handicapped persons.
(3) An appeal under this section may be made only
on the grounds—
(a) that the premises to which the declaration relates are not being used as a place of residence for 2 or more handicapped persons; or (b) that all of the handicapped persons residing at those premises reside there with a relative of them who is of or above the age of 18 years but is not a handicapped person.
(4) An appeal under this section shall not be heard
until the expiration of 2 1 days after the appellant has
lodged a notice stating his intention to appeal and the grounds of his appeal with— (a) the Director; and
(b) the registrar of the District Court at the registry of that Court nearest the premises to which the
appeal relates.
(5 ) Subject to subsections ( 2 ) , (3 ) and ( 4 ) , an
appeal under this section shall be made in accordance with
the rules of the District Court.SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
( 6 ) When the District Court hears an appeal under
this section, it shall—
(a) if it finds the grounds of the appeal not to have been established by the appellant—dismiss the
appeal; or(b) if it finds the grounds of the appeal to have been established by the appellant—by its order, revoke the order in respect of which the appeal was brought.
( 7 ) When an order declaring premises to be a residential centre for handicapped persons is revoked, that order ceases to be in force.
3B. ( 1 ) The Minister may, by order in writing served on the proprietor or occupier of premises, exempt those premises, absolutely or subject to terms or conditions specified in the order, from the operation of Part III.
( 2 ) Where premises are exempted under subsection
( 1 ) from the operation of Part III subject to a condition, the premises are so exempted only while the condition is not breached.
( 6 ) Section 5 — Omit "permanent head" wherever occurring, insert instead "Department Head of the Department".
( 7 ) Part II, heading— After section 5 , insert:—
PART II.
YOUTH AND COMMUNITY SERVICES GENERALLY.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
| ( 8 ) | Section | 8 ( 1 ) — |
Omit "permanent head", insert instead "Director".
| ( 9 ) | Section 9 — |
Omit the section.
(10) Parts III, IV—
After section 10, insert:—
PART III.
LICENSING OF RESIDENTIAL CENTRES FOR HANDICAPPED
PERSONS.
11. (1 ) A person who is, or who intends to become, the proprietor of premises may apply to the Minister in writing and in or to the effect of the prescribed form for a licence—
(a) to enable the premises to be used as a residential
centre for handicapped persons; and (b) to authorise a person specified in the application to have the conduct of a residential centre for
handicapped persons at the premises.
(2 ) When he receives an application under subsection ( 1 ) , the Minister shall cause an inquiry to be made with respect to the application by representatives from the Department and the Health Commission of New South Wales and a report on the application to be made and furnished to him by an officer of the Department.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(3) A person shall not, in an application for a licence or in connection with an inquiry under subsection ( 2 ) —
(a) make a statement; or
(b) furnish information,
that he knows to be false or misleading in a material
particular.
Penalty for an offence against this subsection: $500.
12. (1) Upon receiving a report under section 11 (2)
on an application for a licence, the Minister shall—
(a) grant the licence to the applicant; or (b)
cause to be served on the applicant for the licence a notice stating that, when 28 days have expired after service of the notice, the Minister intends to refuse the licence on the grounds specified in the notice unless it has been established to his satisfaction that the licence should not be refused.
(2) When 28 days have expired after a notice has been served under subsection (1) (b) on an applicant for a licence, the Minister shall, after considering any submissions made to him during that period by the applicant—
(a) grant the licence to the applicant; or
(b)
refuse the licence and cause to be served on the applicant a notice stating the grounds on which the licence has been refused.
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
13. ( 1 ) A licence granted under this Part shall specify—
(a) the person to whom it is granted;
(b) the premises to which it relates; and
(c) the person who is authorised by the licence to have the conduct of a residential centre for
handicapped persons at those premises.
(2) Notwithstanding subsection ( 1 ) (a ) , a licence
may specify that it is granted to an unincorporated association but, in any such case, the applicant for the licence shall be deemed, for the purposes of this Act, to be the person to whom the licence was granted, unless a further person who has been appointed by the association to be the licensee gives written notice to the Minister of his appoint ment and of his full name and address, in which case, from the time the notice is received by the Minister, the further person so appointed shall be deemed, for the purposes of this Act, to be the person to whom the licence was granted.
14. (1 ) A licensee of licensed premises may apply in writing and in or to the effect of the prescribed form for the Minister's consent to the replacement of the licensed manager for the time being of the licensed premises by another person.
(2) When he receives an application under subsection ( 1 ) , the Minister shall, by notice served on the applicant, the licensed manager for the time being of the licensed premises to which the application relates and the other person specified in the application—
(a) if he considers the other person suitable to have the conduct of a residential centre for handicapped persons at the licensed premises— consent to the other person becoming the licensed manager of those premises; or
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) refuse the application.
(3) When the Minister has consented under subsection (2) to another person becoming the licensed manager of licensed premises—
(a) any person who was the licensed manager of the licensed premises immediately before the consent was given ceases to be the licensed manager of those premises; and
(b) the other person shall be deemed to be the person who is specified under section 13 (1) (c) in the licence for the licensed premises.
(4) A notice served for the purpose of giving a consent under subsection (2) shall specify any conditions, other than prescribed conditions, that are in force when the notice is served and to which the licence to which it relates is subject.
15. While a licence granted under this Part is in force—
(a)
the premises specified in the licence under section 13 (1) (b) are licensed premises for the
purposes of this Part; and
(b) the licensed manager of the premises to which the licence relates is authorised to have the conduct of a residential centre for handicapped persons at those premises.
16. A licence is subject to—
(a) any condition prescribed for all licences or for a class of licences to which it belongs;
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) the condition, which shall be specified in it, in relation to the maximum number of persons who may, at the one time, reside at the premises to which it relates; and
(c) any other unrevoked condition as in force for the time being, being a condition that the Minister thought fit to impose on the licence and that was—
(i) specified in the licence when it was issued; or
(ii) subsequently imposed on the licence under section 17.
17. (1 ) If he intends to revoke or vary any condition of a licence or to impose a further condition on the licence, the Minister shall cause to be served on—
(a) the licensee; and
(b) the licensed manager,
a notice stating that, when 28 days have expired after service of the notice, the Minister intends to revoke or vary a condition of the licence specified in the notice or to impose on the licence a further condition specified in the
notice, as the case may be, unless it has been established to his satisfaction that he should not do so.
( 2 ) When 2 8 days have expired after a notice has
been served under subsection ( 1 ) on a licensee and licensed
manager, the Minister may, after considering any sub missions made to him during that period by either or both of those persons—
(a)
revoke or vary the condition specified in the notice; or
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b)
impose the further condition specified in the notice on the licence to which the notice relates,
by a further notice served on those persons.
(3) Notwithstanding subsections (1) and (2), where a licensee has requested that a condition of his licence be revoked or varied or that a further condition be imposed on his licence, the Minister may, by notice served on the licensee and the licensed manager—
(a) revoke or vary the condition; or
(b) impose the further condition,
as the case may require.
18. (1) For the purposes of this section, the prescribed grounds, in relation to the suspension or revocation of a licence, are—
(a)
that the licensee has requested that the licence be suspended or revoked;
(b)
that either the licensee or the licensed manager is no longer a fit and proper person to be concerned
in the conduct of a residential centre for handicapped persons;
(c)
that either of those persons has contravened or failed to comply with a provision of this Part or of the regulations that is applicable to him or that the premises to which the licence relates do not comply with any such provision or a condition of the licence applicable to them;
(d)
that the premises to which the licence relates are not being used as a residential centre for handicapped persons;
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(e) that the licensee is not the proprietor of the premises to which the licence relates; or (f) that neither the licensed manager nor a person authorised so to do under section 1 9 ( 5 ) (b) or 20 (2 ) (a) is conducting a residential centre for handicapped persons at the premises to which the licence relates.
(2) If he intends to suspend or revoke a licence, the Director shall cause to be served on—
(a) the licensee; and
(b) the licensed manager,
a notice stating that, when 28 days have expired after service of the notice, the Director intends to suspend the licence for a period (not exceeding 6 months) specified in the notice or to revoke the licence, as the case may be, on the prescribed grounds specified in the notice, unless it has been established to his satisfaction that he should not do so.
(3) When 28 days have expired after a notice has
been served under subsection (2) on a licensee andlicensed manager, the Director may, after considering any submissions made to him during that period by either or both of those persons—
(a) suspend the licence to which the notice relates for the period (not exceeding 6 months) specified in the notice; or
(b) revoke the licence to which the notice relates, by a further notice served on those persons, which further notice shall specify the prescribed grounds on which the licence is suspended or revoked, as the case may be.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(4) Notwithstanding subsections (2) and (3) , where a licensee has requested that his licence be suspended or revoked, the Director may, by notice served on the licensee and the licensed manager—
(a)
suspend the licence for the period (not exceeding 6 months) specified in the notice; or
(b) revoke the licence,
as the case may require.
(5) A licence is deemed not to be in force for any
period for which it is suspended.
(6) Where a licence has been suspended under subsection (3) or (4) for a period, the Director may, at any time during that period, restore the licence by serving on both the licensee and the licensed manager a notice stating that the licence is restored.
19. (1) Where—
(a) the Minister refuses a licence under section 12 (2) (b) ; or
(b) the Director suspends or revokes a licence under section 18, the Minister may issue a permit to the applicant for the licence or the person who was the licensee immediately before his licence was suspended or revoked, as the case may require.
(2) A permit issued under subsection (1) shall
specify— (a) the person to whom it is issued;
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) the premises to which it relates;
(c) the person who is authorised by the permit to have the conduct of a residential centre for
handicapped persons at those premises; and(d) the conditions to which it is subject, including a condition in relation to the maximum number of persons who may, at the one time, reside at the premises to which it relates.
(3) Subject to subsection ( 4 ) , a permit— (a) is in force for such period (not exceeding 6 months) as is specified in the permit; and
(b) may be extended, from time to time, by the Minister by notice served on the person to whom the permit was issued for a period (not exceeding 6 months) specified in the notice, but not so that it is in force for a total period of more than 2 years.
(4) The Minister may, by notice served on the
person to whom a permit was issued and the personspecified in the permit under subsection (2 ) ( c ) , revoke
the permit—
(a) if either of those persons breaches a condition of the permit; or
(b) for any other reason he considers sufficient.
(5 ) "While a permit is in force—
(a) the premises specified in the permit under, subsection (2) (b) shall be deemed to be licensed premises for the purposes of this Part; and
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) the person specified in the permit under subsection (2) (c) is authorised to have the conduct of a residential centre for handicapped persons at those premises.
(6) When a permit that has been issued in respect of premises by reason of—
(a) the Minister's refusing a licence under section 12 (2) (b) ; or
(b) the Director's revoking a licence under section 18,
ceases to be in force, the Minister shall—
(c) grant a licence for the premises; or
(d)
refuse a licence for the premises and cause to be served on the applicant for the licence a notice stating the grounds on which the licence has been refused.
20. (1) The Minister may, by an instrument in writing, authorise a person specified in the instrument to have the conduct of a residential centre for handicapped persons at licensed premises for a period so specified that occurs during an absence from the premises (by reason of illness or otherwise) of the person who is authorised by a licence or permit for the premises to have the conduct of a residential centre for handicapped persons at those premises. SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(2) While a person is authorised by an instrument referred to in subsection (1) to have the conduct of a residential centre for handicapped persons at any premises—
(a) the person so authorised shall, for the purposes of section 22 (1) ( b ) , be deemed to be authorised to have the conduct of a residential centre for handicapped persons at those premises by the licence or permit for those premises; and
(b) the conditions of the licence or permit applicable to the person in respect of whose absence he was so authorised shall, for the purposes of section 22 ( 2 ) , be deemed to be applicable to him as if he were so authorised by the licence or permit.
(3) The Minister may, at any time and for any reason he considers sufficient, revoke the authority given to a person by an instrument referred to in subsection (1 ) by notice served on the person and stating that the authority has been revoked.
21 . (1 ) In subsection ( 3 ) , "proprietor", in relation to
licensed premises, includes the licensee for the time being
of the premises.(2) Subject to section 23, the proprietor of a residential centre for handicapped persons is guilty of an offence if the premises are not licensed for the purposes of this Part.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(3) Subject to section 23, a proprietor of licensed premises is guilty of an offence if—
(a) the premises do not comply with any condition of the licence or permit for the premises, being a condition applicable to them; or (b) he contravenes or fails to comply with any condition of the licence or permit for the
premises, being a condition applicable to him.
(4) A person who is guilty of an offence under subsection (2) or (3) is liable to a penalty not exceeding $500 and, in addition, where the offence continues, to a penalty not exceeding $200 for each day the offence continues.
(5) Subject to section 23, the licensee of licensed premises shall cause the licence for the premises to be exhibited in a conspicuous position at the premises for so long as the licence is in force.
Penalty for an offence against this subsection : $200.
22. (1) Subject to section 23, a person shall not have
the conduct of a residential centre for handicapped persons unless— (a) the premises are licensed premises; and
(b) he is authorised so to do by a licence or permit.
(2) Subject to section 23, a person who is authorised by a licence or permit to have the conduct of a residential centre for handicapped persons shall not contravene or fail to comply with the conditions of the licence or permit, being conditions applicable to him.
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(3) A person who is guilty of an offence under
subsection (1) or (2) is liable to a penalty not exceeding
$ 5 0 0 and, in addition, where the offence continues, to a
penalty not exceeding $200 for each day the offence
continues.
(4 ) For the purposes of subsection ( 1 ) , but without
affecting the generality of that subsection, a person who is in charge of a residential centre for handicapped persons at any premises shall be deemed to have the conduct of the residential centre at those premises.
(1) The Minister may, by notice served on a person, exempt the person, absolutely or subject to conditions specified in the notice, from the operation of all or any of—
23.
(a) the provisions of sections 21 (2), (3) and (5) and 22 (1) and ( 2 ) ; or
(b) the conditions of a licence or permit.
(2) Where a person is exempted from the operation
of any provision or condition under subsection (1) subject
to a condition, he is so exempted only while he does not
contravene or fail to comply with the condition.(3) If he intends to revoke an exemption given under subsection ( 1 ) , the Minister shall cause to be served
on the person to whom the exemption was given a notice stating that, when 28 days have expired after service of the notice, the Minister intends to revoke the exemption on the grounds specified in the notice unless it has been established to his satisfaction that the exemption should not be revoked.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(4) When 28 days have expired after a notice has been served on a person pursuant to subsection (3) , the Minister may, after considering any submissions made to him during that period by the person on whom the notice was served, revoke the exemption by a further notice served on that person.
24. (1) Where the Director has, under section 18 (3), suspended or revoked a licence, the licensee or former licensee, as the case may be, may appeal to the District Court against the suspension or revocation of his licence, unless the licence was suspended or revoked at the request of the licensee or former licensee.
(2) A person may appeal under this section only if,
within 21 days after the date of service on him of the notice effecting the suspension or revocation against which he wishes to appeal, he lodges a notice stating his intention to appeal and the general grounds of his appeal with—
(a) the Director; and
(b) the registrar of the District Court at the registry of that Court nearest the premises to which the
appeal relates.
(3) Subject to subsection (2), an appeal under this
section shall be made in accordance with the rules of the
District Court.(4) When the District Court hears an appeal under
this section, it shall review the decision of the Director in
respect of which the appeal was brought and may order—
(a)
that the decision of the Director be confirmed; or
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) that a licence be granted or restored subject to the conditions to which the licence was subject immediately before it was revoked or suspended, as the case may be.
(5) An order of the District Court under sub section (4) (b) shall be carried into effect by the Minister's granting a licence or the Director's restoring a licence, as the case may require.
(6) The Minister may grant a licence to give effect to an order under subsection ( 4 ) .
(7) An appeal under this section does not affect
the decision in respect of which it is brought unless anduntil the District Court makes an order under subsection
(4) (b) . 25. (1 ) In this section, "officer" means an officer or a temporary employee of the Department or an officer or a temporary employee or member of the Health Commission of New South Wales.
(2) Subject to subsection ( 5 ) , for the purposes
of—
(a) making an inquiry under section 11 (2) in respect of any premises;
(b)
ensuring that this Part and the regulations are being complied with on licensed premises, together with the conditions of the licence or permit for the premises;
(c)
ensuring that the conditions, if any, of an exemption in force under section 23 are being complied with; or
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(d) ascertaining whether a breach of this Part or the regulations is being committed with respect to unlicensed premises,
any officer may, at any time, enter the premises and inspect them and observe and converse with any person apparently residing at the premises.
(3) In exercising his powers under subsection ( 2 ) ,
an officer may be accompanied by a medical practitioner or medical practitioners or a member or members of the police force and any such medical practitioner or medical practitioners may inspect the premises and observe, examine and converse with any person apparently residing at the premises.
( 4 ) Nothing in this section authorises the
examination of a person against his will.
( 5 ) A person may not enter or inspect unlicensed premises pursuant to the power granted him by subsection
( 2 ) or (3) unless he does so—
(a) for the purpose of making an inquiry under section 11 ( 2 ) ; or
(b) under the authority of a warrant issued under
subsection ( 7 ) .
( 6 ) A person shall not—
(a)
refuse or fail to admit an officer or other person exercising his power of entry under subsection
( 2 ) or (3) ; or (b)
wilfully obstruct or delay an officer or other person exercising any of his powers under subsection (2) or (3) .
Penalty : $ 5 0 0 .
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(7 ) Upon complaint made on oath by an officer that the officer suspects on reasonable grounds that a pro vision of this Part or the regulations has been or is being contravened within any premises, a stipendiary magistrate may issue a warrant authorising an officer or officers named in the warrant, together with any medical practitioner or medical practitioners so named (each of whom may, if the warrant so provides, be accompanied by any member or members of the police force) at any time or times within 14 days from the date of issue of the warrant to enter, if need be by the use of reasonable force, the premises described in the warrant, and to inspect the premises for evidence of such a contravention.
(8) Nothing in subsection (3 ) or (7 ) affects the
operation of section 21 (b) of the Interpretation Act, 1897,
in respect of this Act.26. ( 1 ) If a handicapped person dies at licensed premises, the licensed manager of the premises shall forthwith give notice of the death to—
(a) the member of the police force in charge of the police station nearest the licensed premises; and
(b) the Director. (2 ) If a handicapped person who has been residing
at licensed premises absents himself from those premises at any time for more than 24 hours without advising the licensed manager of his intended whereabouts at the end of that period of 24 hours, the licensed manager shall, upon the expiration of that period, notify the Director of the name of the handicapped person and of his absence from the premises.
Penalty : $200.
67880G-45
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
27. Any handicapped person under the age of 18 years who resides at a residential centre for handicapped persons that is not licensed for the purposes of this Part—
(a) shall, if the whereabouts of his parents, guardian or custodian are known, be forthwith removed therefrom by, or by a person on behalf of, his parents, guardian or custodian on the request of an officer or employee of the Department; and (b) if he is not so removed, or if the whereabouts of his parents, guardian or custodian are unknown, shall be deemed to be a neglected child within the meaning of Part XIV of the Child Welfare Act, 1939, and may be dealt with in accordance with the provisions of that Part.
P A R T IV.
MISCELLANEOUS.
28. (1) Proceedings for an offence against this Act or
the regulations shall—
(a) be taken and prosecuted only by a person acting with the authority of the Minister; and
(b) be disposed of summarily before a court of petty sessions constituted by a stipendiary magistrate
sitting alone.(2) In proceedings for any such offence, an authority to prosecute, purporting to have been signed by the Minister, shall be evidence of the authority of the Minister without proof of the Minister's signature.
SCHEDULE 1—continued.
A M E N D M E N T S TO THE PRINCIPAL ACT—continued. (3 ) Any such proceedings may be commenced by information laid within 12 months after the time when the offence is alleged to have been committed.
29. In proceedings for an offence against this Act or the regulations, a certificate purporting to be signed by the Director or another prescribed officer or temporary employee of the Department and to certify—
(a)
that a licence or permit was, or was not, in force in respect of any person or premises specified in the certificate on any date, or during any period, so specified;
(b)
that the matter appearing on a licence or permit described in the certificate is identical to matter set out in, or in an instrument appended to, the certificate; or
(c)
that a licence or permit described in the certificate was suspended during a specified period or revoked on a specified date,
is evidence of the facts so certified and, in the absence of
evidence to the contrary, is proof of those facts.
30. In any proceedings brought against a person for an
offence against this Act or the regulations in which it is
alleged that the premises to which the offence relates were a residential centre for handicapped persons at any time by reason of an order in force under section 3A, the premises shall be deemed not to have been a residential centre for handicapped persons at that time if the person satisfies the court—
(a)
that no, or only one, handicapped person resided at the premises at that time; or
(b)
that all of the handicapped persons who resided at the premises at that time resided there with a relative of them who was of or above the age of 18 years but not a handicapped person.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
3 1 . (1 ) In this section, "court" means a court of petty sessions.
(2) Where a person has been convicted of the offence under section 21 (2) of being the proprietor of a residential centre for handicapped persons that is unlicensed premises—
(a ) a handicapped person—
(i) who resided at the unlicensed premises
when the offence was committed; and
(ii) who has, on or within 28 days after the
date of the offence, moved from the
premises to another residence; and
(b) the Director, if the Department has incurred expense in connection with the removal of a handicapped person from the unlicensed premises to another residence,
may, within 12 months after the date of the conviction, apply to a court for an assessment of removal expenses under subsection ( 3 ) .
(3 ) The court to which an application is made
under subsection (2) may make an assessment of anamount that to the court seems a just and reasonable sum
to compensate for the removal expenses and any other expense in connection with the removal of the handicapped person incurred by the applicant or the Department, as the case may be, when the handicapped person moved from the unlicensed premises to another residence. (4) Where a court makes an assessment under subsection ( 3 ) , the assessment shall be deemed to be a judgment of the court for the amount in favour of the applicant for the assessment and against the person who was convicted of the offence in respect of which the application was made. SCHEDULE 1—continued.
A M E N D M E N T S TO THE PRINCIPAL ACT—continued. 32. (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without prejudice to the generality of
subsection ( 1 ) , the Governor may make regulations for or with respect t o—
(a) the procedures to be observed by councils, committees and other advisory bodies constituted
by the Minister under this Act;(b) standards to be observed and facilities to be provided to ensure the health, comfort, safety and proper care of handicapped persons residing at licensed premises; (c) the qualifications and experience of persons employed at licensed premises;
(d) the making and keeping of records and the furnishing of returns in respect of licensed
premises;(e) the inspection of licensed premises; and
(f) the form of applications under this Act and of licences and permits.
(3) A regulation may— (a)
apply differently according to such factors as are specified in the regulation;
(b)
authorise any thing to be from time to time determined, applied or regulated by a specified person;
(c)
provide that the Minister may exempt persons, either absolutely or subject to conditions, from any provision of the regulations; and
(d)
impose a penalty not exceeding $500 for any contravention of a regulation.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
33. (1) The Minister may delegate to any specified officer or temporary employee of the Department the exercise or performance of such of the powers (other than this power of delegation), authorities, duties or functions conferred or imposed on him by or under this Act as may be specified in the instrument of delegation.
(2) The Director may delegate to any specified officer or temporary employee of the Department the exercise or performance of such of the powers, authorities, duties or functions (other than this power of delegation or the exercise or performance of a power, authority, duty or function delegated to him under this section by the Minister) conferred or imposed on him by or under this A + as may be specified in the instrument of delegation.
(3) A delegation under this section shall be by instrument in writing and may be made subject to such conditions or such limitations as to the exercise or perfor mance of any of the powers, authorities, duties or functions delegated, or as to time or circumstances, as may be specified in the instrument of delegation.
(4) A power, authority, duty or function, the
exercise or performance of which has been delegated under
this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation. (5) Notwithstanding any delegation made under this section, the Minister or Director, as the case may be, may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated.
(6 ) Any thing done or suffered by a delegate while
acting in the exercise of a delegation made 'under this section shall have the same force or effect as if the thing done or suffered had been done or suffered by the Minister
SCHEDULE 1—continued.
A M E N D M E N T S TO THE PRINCIPAL ACT—continued. or Director, as the case may be, and shall be deemed to have been done or suffered by the Minister or the Director, as the case may be.
(7) The Minister or Director may by instrument in
writing revoke either wholly or in part any delegation
made by him under this section.34. Any order or notice required or authorised by this Act to be served on a person is sufficiently served if the order or notice (or a copy thereof) i s—
(a) delivered personally to the person;
(b)
delivered at, or sent by prepaid post to, the last address of the person known to the Director; or
(c) left with a person who is apparently—
(i) of or above the age of 16 years; and
(ii) not a handicapped person,
at the premises to which the order or notice relates,
and, where it is sent by post as referred to in paragraph ( b ) , it shall be deemed to have been served at the time it would be delivered in the ordinary course of post.
SCHEDULE 2.
APPLICATION OF CERTAIN REGULATIONS UNDER THE CHILD WELFARE
ACT, 1939.
The provisions of the Child Welfare Regulations, 1940, as in force on the date of assent to this Act that are specified in the Table to this Schedule apply to and in respect of a licence under Part III of the Principal Act, as amended by this Act, in the same way as they apply to and in respect of a license under section 29 of the Child Welfare Act, 1939, and they so apply as if—
(a) a reference wherever occurring in those provisions—
(i) to a child or children (except in the expressions "child care centre" and "children's depot") were respectively a reference to a handicapped person or handicapped persons;
(ii) to any license under section 29 of the Child Welfare Act, 1939, were a reference to a licence under Part III of the Principal Act, as amended by this Act;
(iii) to conditions and requirements of a license under section 29 of the Child Welfare Act, 1939, were a reference to conditions of a licence under Part III of the Principal Act, as amended by this Act;
(iv) to a child care centre (except in Regulation 47A ( V ) (vi)) or to a children's depot, home or hostel or a private foster home were a reference to a residential centre for handi capped persons; and
(v) to "the Regulations" (except in Regulation 47A ( U ) (viii)) were a reference to the provisions of the Child Welfare
Regulations, 1940, applied by this Schedule;
(b) (i) a reference in Regulation 39 (1) (h) and (m) to the person licensed to conduct the premises were a reference to the licensed manager of licensed premises; and (ii) a reference in Regulation 39 (1) (1) to the person licensed to control the premises were a reference to the licensee of licensed premises;
(c) the words "of single storey" were omitted from Regulation 40 (2) (a) (i); and (d) (i) the words "of sufficient area to permit of the playing of indoor games" were omitted from Regulation 47A (g) and the words "of such an area as is satisfactory to the Minister" were inserted instead;
S C H E D U L E 2—continued.
APPLICATION OF CERTAIN REGULATIONS UNDER THE CHILD WELFARE
ACT, 1939—continued.
(ii) the words "under the age of 16 years" were inserted before
the words "shall be provided" in Regulation 47A (h);
(iii) the words "be provided with" wherever occurring were
omitted from Regulation 47A (n) and the words "have at his
disposal" were inserted instead;
(iv) the word "toys," was omitted from Regulation 47A (t);
(v) the words "under the age of 16 years" were inserted before
the words "to receive" in Regulation 47A (U) (iii);
(vi) the words "parent or guardian" wherever occurring were
omitted from Regulation 47A (U) (iv) and the words "next
of kin" were inserted instead;(vii) the words "under the age of 16 years" were inserted before
the words "shall be" in Regulation 47A ( U ) ( V ) ;
(viii) the words "under the age of 16 years" were inserted before
the words "in accordance" in Regulation 47A (V) (viii);
(ix) the words "under the age of 16 years" were inserted before
the word "shall" in Regulation 47A (V) (xi); and
(x) a reference in Regulation 47A (W) (i) to the person licensed to conduct a children's depot, home or hostel were a reference to the licensed manager of licensed premises.
TABLE.
Regulation 39 (1) (paragraphs (b), (c) and (g) excepted).
Regulation 40 (2) (paragraphs (a) (ii) and (iii) and (b) (i) excepted).
Regulation 47A (paragraphs (c) , (s) , (u) (xii), (v) (iii), (v) (x) and
(w) (vi) excepted).
Forms 20G-20K in the Schedule to the Regulations.
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