Schedule 1 Savings and transitional provisions
(Section 51)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Commission for Children and Young People Amendment (Child Death Review Team) Act 2003
Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009, to the extent that it amends this Act
Independent Commission Against Corruption and Ombudsman Legislation Amendment Act 2009
Children Legislation Amendment (Child Death Review Team) Act 2011
(2) Any provision of a regulation made under this clause may, if the regulations so provide, take effect from the date of assent to this Act or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Community Services Legislation Amendment Act 2002
In this Schedule:former Commission means the Community Services Commission constituted under section 77, as in force before its repeal by the 2002 amending Act.
former Commissioner means the person who held office as the Commissioner for Community Services immediately before the repeal of section 78 by the 2002 amending Act.
2002 amending Act means the Community Services Legislation Amendment Act 2002.
(1) Nothing in the 2002 amending Act affects the appointment of a person as an Official Community Visitor if the person was, immediately before the amendment of section 7 (1) by the 2002 amending Act, a Community Visitor.(2) Any such person is taken to have been appointed under section 7 (1) as so amended and this Act, including section 7 (5) and (6) as inserted by the 2002 amending Act, applies accordingly.(3) A reference in another Act or in an instrument made under an Act or in any document to a Community Visitor appointed under this Act is to be read as a reference to an Official Community Visitor appointed under this Act.
(1) This clause applies to a review under Part 3 undertaken but not completed by the former Commission immediately before the substitution of Part 3 by the 2002 amending Act.(2) The Ombudsman may complete the review and Part 3, as substituted by the 2002 amending Act, applies to any such review.
(1) This clause applies to a complaint made under Part 4 but not finally dealt with by the former Commission immediately before the substitution of Part 4 by the 2002 amending Act.(2) The Ombudsman may deal with the complaint as if it had been made under Part 4 as so substituted and that Part applies to any such complaint.
6 Reviews by Administrative Decisions Tribunal
(1) Nothing in the 2002 amending Act affects an application for review made to the Tribunal under section 40 before the substitution of that section by that amending Act, except as provided by this clause.(2) Proceedings on any review under section 40 (1) (b) or (c) (as in force immediately before the substitution of section 40 by the 2002 amending Act), and not finally dealt with before the substitution of that section, must be discontinued by the Tribunal.
7 Community Services Commission
(1) On the repeal of Part 6 by the 2002 amending Act, the Community Services Commission is abolished.(2) On the abolition of the Commission, any assets, rights and liabilities of the Commission become the assets, rights and liabilities of the Crown.(3) In this clause:assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
liabilities means all liabilities, debts and obligations (whether present or future and whether vested or contingent).
rights means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).
8 Community Services Commissioner
(1) The person who, immediately before the repeal of Part 6 by the 2002 amending Act, held office as Commissioner for Community Services:(a) ceases to hold that office, and(b) is taken to be appointed as a Deputy Ombudsman under the Ombudsman Act 1974 for a period of 3 years commencing on the commencement of this clause.(2) A person who ceases under this clause to hold office is not entitled to any remuneration or compensation because of the loss of that office.
9 Staff of the Community Services Commission
(1) On the repeal of Part 6 by the 2002 amending Act, the group of staff attached to the former Commission is abolished as a Department of the Public Service.(2) That group of staff is added on that repeal to the Ombudsman’s Office.
10 Community Services Review Council
On the repeal of Part 8 by the 2002 amending Act:(a) the Community Services Review Council is abolished, and(b) a person holding office as a member of that Council ceases to hold that office and is not entitled to compensation because of ceasing to hold that office.
11 Construction of certain references
A reference in another Act or in an instrument made under an Act or in any document:(a) to the Community Services Commission or the Commissioner for Community Services is to be read as a reference to the Ombudsman, or(b) to a provision of this Act repealed or renumbered by the 2002 amending Act extends to the corresponding provision of this Act or to the renumbered provision, or(c) to any act, matter or thing referred to in any such repealed or renumbered provision extends to the corresponding act, matter or thing referred to in the corresponding provision of this Act or the renumbered provision.
12 Transitional reference to community welfare legislation
A reference in this Act to the community welfare legislation includes a reference to the following Acts and the instruments made under those Acts:(a) the Adoption of Children Act 1965 and the Adoption Information Act 1990 (but only until their repeal by the Adoption Act 2000 and, after their repeal, only in connection with acts or omissions done or omitted before their repeal),(b) the Children (Care and Protection) Act 1987 (but only until its repeal by the Children and Young Persons (Care and Protection) Act 1998 and, after its repeal, only in connection with acts or omissions done or omitted before its repeal).
A reference in Part 3 or Part 6, as substituted by the 2002 amending Act, to a child in care includes a reference to a child who is subject to an arrangement for the care of a child referred to in section 19 (4) (a), (c), (d), (e) or (f) of the Children (Care and Protection) Act 1987.
Part 3 Commission for Children and Young People Amendment (Child Death Review Team) Act 2003
14 Ombudsman’s report under Part 6 for year ending 30 June 2003
Section 43, as amended by the Commission for Children and Young People Amendment (Child Death Review Team) Act 2003, extends to the preparation and presentation of the annual report of the Ombudsman under Part 6 for the year ended 30 June 2003.
Part 4 Children Legislation Amendment (Child Death Review Team) Act 2011
15 Continuation of existing entity
The Child Death Review Team established by section 34C is taken to be a continuation of, and the same legal entity as, the Child Death Review Team established under section 45B of the Commission for Children and Young People Act 1998.
16 Continuation of existing members
A person who, immediately before the commencement of this clause held office as a member of the Team under section 45C of the Commission for Children and Young People Act 1998, is taken to have been appointed under section 34C of this Act for the balance of the term for which he or she was appointed under that section 45C, subject to clauses 5 and 6 of Schedule 2 to this Act.
17 Annual reports of Child Death Review Team
The reference to section 34H in section 34F (2) (d) includes a reference to section 45P of the Commission for Children and Young People Act 1998.