Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2

An Act to provide for complaints, reviews and monitoring in relation to the provision of community services; to confer and impose functions on the Ombudsman, to confer and impose functions on the Civil and Administrative Tribunal; and for other purposes.

long title: Am 1997 No 77, Sch 1.6 [1]; 2002 No 42, Sch 1 [1]; 2002 No 112, Sch 1.4 [1]; 2013 No 95, Sch 2.37 [1]; 2019 No 25, Sch 5.13[1].

This Act is the Community Services (Complaints, Reviews and Monitoring) Act 1993 .

This Act commences on a day or days to be appointed by proclamation, being a day or days not later than 12 months after the date of assent.

(1) The objects of this Act are as follows—

(a) to foster, in community services and programs, and in related services and programs, an atmosphere in which complaints and independent monitoring are viewed positively as ways of enhancing the delivery of those services and programs,

(b) to provide for the resolution of complaints about community services and programs, especially complaints by persons who are eligible to receive, or receive, those services, by families and by persons advocating on behalf of such persons or families,

(c) to encourage, wherever reasonable and practicable, the resolution of complaints at a local level,

(d) to encourage, wherever reasonable and practicable, the resolution of complaints through alternative dispute resolution,

(e) to provide independent and accessible mechanisms for the resolution of complaints, for the review of administrative decisions and for the monitoring of services, programs and complaint procedures,

(f) to encourage compliance with, and facilitate awareness of, the objects, principles and provisions of the community welfare legislation, including by education,

(g) to provide for independent monitoring of community services and programs, both generally and in particular cases.

(2) The following principles must be observed in exercising functions under this Act—

(a) the paramount consideration in providing a service for a person must be the best interests of the person,

(b) a person who is eligible to receive, or receives, a community service is also to receive an adequate explanation of the service, is to be heard in relation to the service and may question decisions or actions that affect the person in relation to the service,

(c) a service provider is to promote and respect the legal and human rights of a person who receives a community service and must respect any need for privacy or confidentiality,

(d) a service provider is, to the best of his or her ability, to provide such information about the service as may enable an appropriate decision to be made by the person for whom the service is, or is to be, provided,

(e) a service provider is to enable a complaint about the service to be dealt with fairly, informally and quickly and at a place convenient to the complainant,

(f) a complaint about the provision of a service is to be dealt with even if it is made by another person on behalf of the person eligible to receive, or receiving, the service.

(1) In this Act—

Advocate means the Advocate for Children and Young People appointed under the Advocate for Children and Young People Act 2014 .

(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 Secretary of the Department of Family and 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 135A of the Children and Young Persons (Care and Protection) Act 1998 , or

(e) (Repealed)

(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.

(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 Commissioner means a Deputy Ombudsman appointed as Community Services Commissioner under the Ombudsman Act 1974 , section 8(1A).

community welfare legislation means the following Acts and the instruments in force under those Acts—

(a) this Act,

(g), (h) (Repealed)

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

and includes the provisions of the Boarding Houses Act 2012 and the regulations under that Act that are administered by the Minister.

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.

(a) for a service provider that is a Public Service agency—the Minister to whom the agency is responsible, or

(b) for a person or organisation authorised, licensed or funded by a Minister to provide a service—that Minister, or

(c) otherwise—the Minister.

service includes a statutory or other function, and rendering or providing a service includes exercising such a function.

(a) the Department of Communities and Justice, or

(b) an implementation company under the National Disability Insurance Scheme (NSW Enabling) Act 2013 while the company is a public sector agency of the State under that Act, or

(c) a person or organisation funded by the Minister or by a public service agency responsible to the Minister, or

(d) a person or organisation authorised or licensed by the Minister or by a public service agency responsible to the Minister, or

(e) (Repealed)

(f) a person or organisation that is covered by an arrangement made after 7 April 1994 (the date of commencement of this section) between a Minister of the State of New South Wales 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

(g1) a designated agency within the meaning of the Children’s Guardian Act 2019 , or

(h) the proprietor or occupier of premises that consist of an assisted boarding house.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

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

s 4: Am 1993 No 46, Sch 2; 1996 No 30, Sch 1; 1997 No 77, Sch 1.6 [3]–[6]; 2001 No 56, Sch 2.7; 2002 No 42, Sch 1 [4]–[10]; 2011 No 60, Sch 1 [1]; 2011 No 70, Sch 2.8 [1]; 2012 No 74, Sch 3.2 [1]–[5]; 2013 No 47, Sch 1.8 [1]; 2013 No 95, Sch 2.37 [2]; 2013 No 104, Sch 4; 2014 No 20, Sch 1 [2]–[6]; 2014 No 29, Sch 4.2 [1] [2]; 2014 No 41, Sch 5.2 [1]; 2015 No 15, Sch 3.12 [1]; 2016 No 27, Sch 5.1 [1]–[3]; 2019 No 25, Sch 5.13[2]–[8]; 2022 No 39, Sch 2[1]; 2023 No 7, Sch 1.2[1] [2].

(1) The determination of an issue under this Act, and any decision or recommendation on a matter arising from the operation of this Act, must not be made in a way that is (or that requires the taking of action that is)—

(b) inconsistent with the way in which those resources have been allocated by the Minister or the Secretary of the Department of Communities and Justice in accordance with Government policy, or

(c) inconsistent with Government policy, as certified in writing by the Minister and notified to the Tribunal, the Commission for Children and Young People or other person or body making the determination.

(2) This section does not apply to the exercise of any function of the Ombudsman under this Act.

s 5: Am 1993 No 46, Sch 2; 1996 No 30, Sch 1; 2002 No 42, Sch 1 [11]; 2014 No 20, Sch 1 [7]; 2019 No 25, Sch 5.13[9] [10]; 2023 No 7, Sch 1.2[3].

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.

s 7: Am 1996 No 30, Sch 1; 2002 No 42, Sch 1 [12]–[14]; 2002 No 112, Sch 1.4 [1] [3]–[5]; 2014 No 20, Sch 1 [8]; 2015 No 15, Sch 3.12 [2]. Rep 2019 No 25, Sch 5.13[11].

s 8: Am 1996 No 30, Sch 1; 2002 No 42, Sch 1 [15]–[17]; 2002 No 112, Sch 1.4 [4] [5]; 2012 No 74, Sch 3.2 [5]; 2013 No 47, Sch 1.8 [2]; 2016 No 27, Sch 1.5 [1]; 2019 No 7, Sch 1.1 [1]. Rep 2019 No 25, Sch 5.13[11].

s 10: Am 1996 No 30, Sch 1; 2002 No 42, Sch 1 [19] [20]; 2002 No 112, Sch 1.4 [1]. Rep 2019 No 25, Sch 5.13[11].

pt 3: Ins 2002 No 42, Sch 1 [21]. For information concerning this Part before the commencement of 2002 No 42, Sch 1 [21], see the historical table of amendments in the Legislative history.

(1) The Ombudsman has the following functions—

(b) to educate service providers, clients, carers and the community generally about those standards,

(c) to monitor and review the delivery of community services and related programs, both generally and in particular cases,

(d) to make recommendations for improvements in the delivery of community services and for the purpose of promoting the rights and best interests of persons using, or eligible to use, community services,

(e) to inquire, on his or her own initiative, into matters affecting service providers and persons receiving, or eligible to receive, community services,

(f) to receive, assess, resolve or investigate complaints under Part 4,

(g) to assist service providers in improving their complaints procedures,

(h) to assist in the making of complaints under Part 4 by persons receiving, or eligible to receive, community services,

(i) to provide information, education and training, and to encourage others to do so, relating to the making, handling and resolution of complaints about the delivery of community services,

(j) to promote access to advocacy support for persons receiving, or eligible to receive, community services to ensure adequate participation in decision making about the services they receive,

(k) to review the causes and patterns of complaints under Part 4 and identify ways in which those causes could be removed or minimised,

(l) to review the situation of a child in care or a person in care or a group of children in care or a group of persons in care under section 13,

(m) to review the systems of service providers for handling complaints under section 14,

(n) to review the causes and patterns of reviewable deaths under Part 6 and identify ways in which those deaths could be prevented or reduced.

(2) In the exercise of functions under this Act, the Ombudsman may—

(a) consult and co-operate with other relevant investigative agencies and those concerned with the determination of the rights and interests of persons receiving, or eligible to receive, community services, and

(b) consult persons and groups with an interest in the provision of community services, particularly organisations of persons receiving, or eligible to receive, community services and those advocating their interests, and

(c) have regard to the needs of those persons (such as children) who are receiving, or are eligible to receive, community services and are least likely or able to complain.

(1) The Ombudsman may, on application or on the Ombudsman’s own initiative, review the situation of a child in care or a person in care, or of a group of children in care or persons in care.

(2) In carrying out a review, the Ombudsman is to look at such aspects of the welfare, status, progress and circumstances of the child or children or the person or persons the subject of the review as are referred to in the application or as the Ombudsman thinks fit.

(3) In the exercise of functions under this section, the Ombudsman may hear or receive submissions from any person, including a child in care or person in care whose situation is being reviewed.

(4) On completion of a review, the Ombudsman is to make a report—

(b) advising as to whether any change (and if so, what change) in the circumstances of the child or children or the person or persons the subject of the review would, in the Ombudsman’s opinion, promote their welfare and interests.

(5) The Ombudsman—

(a) must give a copy of the report to the relevant Minister in relation to the service provider concerned and to the service provider concerned, and

(b) may give a copy of the report to any other person or body as the Ombudsman thinks appropriate.

(6) In this section—

(1) The Ombudsman is to review the systems of service providers for handling complaints relating to the provision of services by, or the conduct of, service providers.

(2) For that purpose, the Ombudsman may require the chief executive or an employee of, or a person acting on behalf of, a service provider to provide information about those systems and their operation.

(3) The Ombudsman may—

(a) report from time to time on any matters relevant to the exercise of the Ombudsman’s functions under this section, and

(b) make such recommendations from time to time as the Ombudsman thinks fit.

(4) A copy of a report containing recommendations—

(a) must be given to the relevant Minister in relation to the service provider concerned and to the service provider concerned, and

(b) may be given to any other person or body, as the Ombudsman thinks appropriate.

(1) The Ombudsman may, during or at the completion of a review or any other inquiry carried out by the Ombudsman under another provision of this Act—

(a) report on any systemic issues relating to the provision of community services by service providers, and

(b) make such recommendations as the Ombudsman thinks fit.

(2) A copy of a report containing recommendations—

(a) must be given to the relevant Minister in relation to the service provider concerned and to the service provider concerned, and

(b) may be given to any other person or body, as the Ombudsman thinks appropriate.

(1) For the purpose of exercising functions under section 11 (1) (c), (d) or (e) or conducting a review under section 13 or 14, sections 13AA, 17–24 (except section 21B) and 36 of the Ombudsman Act 1974 apply to or in respect of the exercise of those functions or that review in the same way as they apply to or in respect of an investigation of a complaint by the Ombudsman under that Act, subject to any necessary modifications and to any modifications prescribed by the regulations.

(2) For that purpose, those provisions apply to or in respect of a service provider or an employee, or a person acting on behalf of a service provider, in the same way as they apply to a public authority.

(3) For the purposes of this section, section 19 of the Ombudsman Act 1974 does not apply to the exercise of a function under section 11 (1) (c), (d) or (e).

The Ombudsman may exercise functions under this Division for the purposes of the Ombudsman’s functions under section 11 (1) (c), (d) or (e), Division 2, Part 4 or Part 6.

(1) The Ombudsman may enter any part of premises at or from which the services of a service provider are provided and may there exercise the powers conferred by this section, but only if—

(a) in a case where the power is exercised under delegation by an officer of the Ombudsman, the officer is in possession of a certificate of authority issued by the Ombudsman and produces the certificate if required to do so by a person apparently in occupation of the premises, and

(b) the Ombudsman gives reasonable notice to an occupier of the premises of intention to exercise the power, unless the giving of notice would defeat the purpose for which it is intended to exercise the power, and

(c) the Ombudsman exercises the power at a reasonable hour of the day, unless it is being exercised in an emergency, and

(d) the Ombudsman uses no more force than is reasonably necessary.

(2) The Ombudsman is not entitled to enter a part of premises used for residential purposes, except—

(b) under the authority of a search warrant.

(3) The Ombudsman may do any of the following—

(b) examine, seize, retain or remove any equipment that the Ombudsman reasonably believes is, has been or may be used in connection with a complaint or other matter being investigated,

(c) require a person having access to records relating to the conduct of the premises or the delivery of services to produce records for inspection,

(d) make copies of, or take extracts from, those records,

(e) for the purpose of further examination, take possession of, and remove, any of those records,

(f) require the owner or occupier of those premises to provide the Ombudsman with such assistance and facilities as is or are reasonably necessary to enable the Ombudsman to exercise functions under this section.

(4) The Ombudsman may ask any person on the premises to answer questions, or to produce records, relating to the delivery of services at or from the premises.

(5) If damage is caused by the exercise of powers conferred by this section, the Minister is to pay reasonable compensation for the damage unless the exercise of the powers was obstructed by the occupier of the premises.

(6) A Magistrate may, on the application of the Ombudsman, issue a summons requiring a person—

(a) to produce to the Local Court any records that the person summoned has failed to produce in accordance with a requirement made under this section, or

(b) to appear before the Local Court and give evidence in relation to a matter in respect of which the person has failed to answer a question in accordance with such a requirement.

(7) Documents produced in response to a summons under this section—

(a) are, at the request of the Ombudsman, to be made available to enable the Ombudsman to make copies of, or take extracts from, the records, and

(b) are to be returned to the person summoned no later than 7 days after their production to the Local Court.

(8) A person who, having been served with a summons under this section, fails to comply with the summons is guilty of an offence.

(1) The Ombudsman may apply to an authorised officer for a search warrant if the Ombudsman has reasonable grounds for believing that—

(b) entry to specified premises for the purpose of carrying out a search is necessary for the purposes for which powers under this Division may be exercised.

(2) An authorised officer to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant to the Ombudsman to enter and search the premises.

(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

(4) On entering any premises on the authority of a search warrant issued under this section, the Ombudsman may search the premises and may seize and carry away anything considered by the Ombudsman to be evidence of a contravention of this Act.

(5) This section does not authorise the Ombudsman to carry away anything for which the Ombudsman does not give a receipt.

(6) In executing a search warrant, the Ombudsman must be accompanied by a police officer.

(7) In this section—

authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002 .

s 18: Ins 2002 No 42, Sch 1 [21]. Am 2002 No 103, Sch 4.11 [1] [2] [3] (am 2006 No 58, Sch 2.28 [1]).

A person who—

(b) hinders or obstructs the Ombudsman in the exercise of such a function, or

(c) without reasonable excuse, refuses or fails to comply with a requirement made or to answer a question of the Ombudsman asked in accordance with section 17, or

(d) furnishes the Ombudsman with information knowing that it is false or misleading in a material particular,

This Division is in addition to, and does not derogate from, any functions of the Ombudsman under the Ombudsman Act 1974 , including any function exercised as a result of the application of a provision of that Act to a function carried out under this Act.

pt 4: Ins 2002 No 42, Sch 1 [22]. For information concerning this Part before the commencement of 2002 No 42, Sch 1 [22], see the historical table of amendments in the Legislative history.

In this Part—

community services complaint means a complaint about a service provider made under this Act or the Ombudsman Act 1974 .

(1) A person may make a complaint to the Ombudsman about the conduct of a service provider with respect to the provision, failure to provide, withdrawal, variation or administration of a community service in respect of a particular person or group of persons.

(2) A complaint under subsection (1) may be made about the conduct of any person who is an employee of, or who acts for or on behalf of, a service provider.

(3) A complaint may be made orally or in writing.

(4) A person may not complain about conduct that is conduct of a kind referred to in Schedule 1 (other than items 6, 12 and 17) of the Ombudsman Act 1974 .

(5) This section is in addition to, and does not derogate from, any right of a person to complain to the Ombudsman under the Ombudsman Act 1974 about the conduct of a service provider.

(6) For the avoidance of doubt, subsection (1) extends to a complaint about any decision of a designated agency in respect of the authorisation of a person as an authorised carer under the Children and Young Persons (Care and Protection) Act 1998 .

A complaint may be made under the Ombudsman Act 1974 in relation to conduct of a public authority, being an action or inaction or alleged action or inaction relating to a matter of administration.

(1) A community services complaint may be made by any person who demonstrates to the satisfaction of the Ombudsman that he or she has a genuine concern in the subject-matter of the complaint.

(2) Without limiting the generality of subsection (1), a complaint may be made—

(a) by a person advocating on behalf of the person in respect of whom the relevant service was provided, withdrawn, varied or administered, or

(b) by a person who is responsible for, or is a next friend of, the person in respect of whom the relevant service was provided, withdrawn, varied or administered.

(3) A person who is, in the opinion of the Ombudsman, unjustifiably interfering in a matter is not entitled to make a complaint in relation to the matter.

(4) In determining whether a person is unjustifiably interfering in a matter, the Ombudsman is to take into account, to the extent that it is practicable to do so, the wishes and interests of any other persons who have an interest in the matter.

(5) This section has effect despite any provision of the Ombudsman Act 1974 .

(1) The Ombudsman Act 1974 (other than section 12 (1) and (4) of that Act) applies to or in respect of a complaint made under this Act about the conduct of a service provider, and any conduct of a service provider, in the same way that it applies to or in respect of a complaint made under that Act about the conduct of a public authority or to conduct of a public authority.

(2) For that purpose—

(a) a complaint made under this Act is taken to be a complaint made under section 12 (1) of the Ombudsman Act 1974 , and

(b) section 13 (1) of that Act applies to conduct about which a complaint could be made under this Act, and

(c) a service provider (including any person who is an employee of, or who acts for or on behalf of, a service provider) is taken to be a public authority, and

(d) the Ombudsman has the same functions in relation to the investigation of, reporting on and furnishing of information about a complaint under this Act as the Ombudsman has under the Ombudsman Act 1974 , and

(e) section 26A of that Act applies in respect of a report by the Ombudsman about a complaint made under this Act.

(2A) However, the Ombudsman Act 1974 as applied by this section applies, in relation to a complaint made under this Act about the conduct of a service provider that is not a government agency (and in relation to any conduct of such a service provider), subject to any modifications prescribed by the regulations.

(3) Despite subsection (1), the Ombudsman is not required to give notice of a complaint or an investigation if the giving of notice will or is likely to—

(b) place the health or safety of a person to whom a service is provided at risk, or

(c) place the complainant at risk of intimidation or harassment.

Under the Ombudsman Act 1974 , the Ombudsman may make preliminary inquiries about a complaint, deal with a complaint by conciliation or investigate a complaint and may investigate conduct whether or not there has been a complaint.

(1) The Ombudsman may refer a community services complaint (or any part of a community services complaint) to another person or body (including a service provider) if it appears that the complaint raises issues that may require investigation by the other person or body.

(2) Despite the referral of a complaint (or part of a complaint), the Ombudsman may, if the Ombudsman considers there are appropriate reasons to do so, continue to deal with the complaint.

(3) The Ombudsman may, if of the opinion that it is appropriate to do so, refer a complaint (or part of a complaint) to the service provider for resolution, if possible.

(4) A service provider to whom a complaint (or part of a complaint) is referred under this section must report to the Ombudsman on the outcome of that referral.

(5) The Ombudsman may monitor the progress of an investigation by a service provider into a matter referred to the service provider by the Ombudsman under subsection (1).

(6) A service provider is to provide the Ombudsman with such documentary and other information as the Ombudsman may from time to time request with respect to an investigation referred to in subsection (5).

(1) A complainant may withdraw a community services complaint at any time by notice in writing to the Ombudsman.

(2) On the withdrawal of a complaint, the Ombudsman may cease to deal with it or may continue to deal with the matter the subject of the complaint if it appears to the Ombudsman that—

(b) the matter raises a significant question as to the appropriate care or treatment of a person by a service provider.

In addition to any ground on which the Ombudsman may investigate a community services complaint under the Ombudsman Act 1974 , the Ombudsman may investigate any such complaint if it appears to the Ombudsman that—

(b) the complaint raises a significant question as to the appropriate care or treatment of a person by a service provider.

(1) A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions—

(a) a decision that is an administratively reviewable decision under section 193 of the Adoption Act 2000 , section 36 of the Adoption Information Act 1990 , section 154 of the Children’s Guardian Act 2019 , or section 245 of the Children and Young Persons (Care and Protection) Act 1998 ,

(a1) a decision that is an administratively reviewable decision for external review under section 192 of the National Law Alignment Provisions (within the meaning of the Children (Education and Care Services) Supplementary Provisions Act 2011 ),

(b) a decision made by a person or body under the community welfare legislation where the legislation expressly provides that the decision is a reviewable decision for the purposes of this section,

(c) a decision made by a service provider not to take action recommended by the Ombudsman under section 26 of the Ombudsman Act 1974 as a result of an investigation of a complaint under Part 4 of this Act, or to take part only of the action so recommended,

(d) a decision made by any State Minister, any Commonwealth Minister or any public authority, not being a relevant decision maker, if it is within a class of decisions that, with the consent of the Minister or public authority, is prescribed by the regulations for the purposes of this section.

(1A) A right of review relating to a decision of the kind referred to in subsection (1) (c) applies only to the person from whose complaint the recommendation referred to in that paragraph arose. Accordingly, only that person may apply to the Tribunal for a review of that decision.

(2) In this section—

(b) the Secretary of the Department of Communities and Justice,

(c) the Children’s Guardian appointed under the Children’s Guardian Act 2019 ,

(d) (Repealed)

(e) a service provider (other than an authorised carer within the meaning of the Children and Young Persons (Care and Protection) Act 1998 ).

s 28 (previously s 40): Am 1996 No 30, Sch 1. Subst 1997 No 77, Sch 1.6 [7]; 2002 No 42, Sch 1 [23]. Renumbered 2002 No 42, Sch 1 [29]. Am 2011 No 70, Sch 2.8 [2]; 2013 No 95, Sch 2.37 [4] [5]; 2014 No 20, Sch 1 [11]; 2014 No 41, Sch 5.2 [2]; 2016 No 27, Sch 1.5 [2] [3]; 2019 No 25, Sch 5.13[14] [15]; 2022 No 35, Sch 2.1[1]; 2023 No 7, Sch 1.2[3].

(1) An application may be made to the Tribunal by any person who demonstrates to the satisfaction of the Tribunal that he or she has a genuine concern in the subject-matter of the decision concerned.

(2) Without limiting the generality of subsection (1), an application may be made by any person who is responsible for, is a next friend of or is appointed by the Tribunal to represent the person to whom the application relates.

(3) The Tribunal may, on application, grant leave to apply for a review of a decision to any person who was entitled to, but did not, apply for a review of the decision within the time allowed for an application.

(4) A person found by the Tribunal to be unjustifiably interfering in a matter is not entitled to apply to the Tribunal for a review in relation to the matter.

(5) In determining whether a person is unjustifiably interfering in a matter, the Tribunal is to take into account, to the extent that it is practicable to do so, the wishes and interests of any other persons who have an interest in the matter.

(7) An application may not be made under this Part for a review of a reviewable decision under the Children (Education and Care Services) Supplementary Provisions Act 2011 by the person who is the subject of the reviewable decision. Any such application must be made as provided for by that Act.

(8) In this section—

reviewable decision under the Children (Education and Care Services) Supplementary Provisions Act 2011 means a decision that is a reviewable decision for external review under section 192 of the National Law Alignment Provisions (within the meaning of that Act).

s 29 (previously s 41): Subst 1997 No 77, Sch 1.6 [7]. Renumbered 2002 No 42, Sch 1 [29]. Am 2011 No 70, Sch 2.8 [3]; 2013 No 95, Sch 2.37 [6].

(1) The Tribunal may, on application, give leave for an application for a review of a decision to be dealt with as a representative application if it is satisfied that—

(a) 3 or more persons are entitled to apply to the Tribunal for a review of a decision arising from the same, similar or related circumstances as those to which the application relates but their joinder as appellants is impracticable, and

(b) the applicant is one of those persons and the others consent to a representative application, and

(c) the application is made in good faith, and

(d) the applicant is capable of adequately advocating the interests of the persons entitled to apply for a review, and

(e) a representative application would be to the advantage of the persons entitled to apply for a review, and

(f) a representative application would be an efficient and effective means of dealing with the claims of the persons entitled to apply for a review.

(2) The Tribunal may make orders about the making, notification, conduct and determination of a representative application.

(3) The decision of the Tribunal on a representative application is binding on the persons referred to in subsection (1) (a).

s 30 (previously s 42): Subst 1997 No 77, Sch 1.6 [7]. Renumbered 2002 No 42, Sch 1 [29]. Am 2011 No 70, Sch 2.8 [3].

(1) The Tribunal must take such steps as to it seems reasonable to encourage the parties to an application for review to effect an amicable agreement.

(2) The Tribunal may, before it hears an application, or before it determines a matter the subject of an application, refer the application or matter—

(b) to the Ombudsman recommending that consideration be given to investigation or resolution of the matter under this Act or the Ombudsman Act 1974 , or

(c) for investigation by any other appropriate investigative authority.

(3) The powers conferred on the Tribunal by this section are in addition to any other powers that the Tribunal has under the Civil and Administrative Tribunal Act 2013 with respect to the use of resolution processes.

s 31 (previously s 43): Subst 1997 No 77, Sch 1.6 [7]. Am 2002 No 42, Sch 1 [24]. Renumbered 2002 No 42, Sch 1 [29]. Am 2013 No 95, Sch 2.37 [7]

(1) The Tribunal may decline to hear or determine an application if, in the opinion of the Tribunal—

(b) the applicant has not made appropriate attempts to have the matter to which the application relates resolved otherwise, or

(c) the ground for the application is unacceptable having regard to the frequency of applications previously made by or on behalf of the appellant in respect of the same subject-matter.

(2) In giving its decision on an application, the Tribunal may make recommendations for consideration by the person who made the decision concerned or the relevant Minister, if the decision was made by a service provider and, if any recommendations are made, the parties affected by the decision are entitled to be informed—

(b) that it is not proposed to take any such action.

(3) Nothing in this section limits the powers of the Tribunal under Division 3 (Powers on administrative review) of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997 .

(4) (Repealed)

s 32 (previously s 44): Subst 1997 No 77, Sch 1.6 [7]. Am 2002 No 42, Sch 1 [25] [26]. Renumbered 2002 No 42, Sch 1 [29]. Am 2013 No 95, Sch 2.37 [8].

s 33 (previously s 45): Subst 1997 No 77, Sch 1.6 [7]. Am 2002 No 42, Sch 1 [27]. Renumbered 2002 No 42, Sch 1 [29]. Am 2005 No 98, Sch 3.10; 2010 No 135, Sch 7 [1] [2]. Rep 2013 No 95, Sch 2.37 [9].

s 34 (previously s 46): Subst 1997 No 77, Sch 1.6 [7]. Am 2002 No 42, Sch 1 [28]. Renumbered 2002 No 42, Sch 1 [29]. Rep 2013 No 95, Sch 2.37 [10].

The object of this Part is to prevent and reduce the deaths of children in New South Wales through the constitution of the Child Death Review Team which is to exercise the functions conferred or imposed on it under this Part.

In this Part—

court includes any tribunal or person having power to require the production of documents or the answering of questions.

(b) a member of staff of the Ombudsman’s Office who is supporting and assisting the Team in the exercise of its functions,

(c) any person engaged to assist the Team in the exercise of its functions, including persons appointed under section 34E.