Community Services Legislation Amendment Act 2002 No 42
Repealed version for 29 November 2002 to 21 July 2003 (accessed 18 December 2014 at 11:48)
Schedule 4

Schedule 4 Amendment of other Acts

(Section 6)

4.1 Adoption Act 2000 No 75

Section 193 Decisions that are reviewable by Administrative Decisions Tribunal

(cf AC Act ss 14, 67A, AI Act s 36)

Omit “section 40” wherever occurring. Insert instead “section 28”.

4.2 Children and Young Persons (Care and Protection) Act 1998 No 157

[1]   Section 180 Functions—generally

Insert at the end of the section:
  
(2)  Despite any provision of this or any other Act, the Children’s Guardian is not entitled to carry out any of the following functions:
(a)  an investigation into the death of a child that is subject to investigation by the coroner under section 13A or 13AB of the Coroners Act 1980 or review or investigation by the Ombudsman,
(b)  the investigation or resolution of a dispute that is the subject of a community services complaint within the meaning of Part 4 of the Community Services (Complaints, Reviews and Monitoring) Act 1993.

[2]   Section 192 Functions of Child Death Review Team

Omit “that are due to abuse or neglect or that occur in suspicious circumstances or” from section 192 (1) (a) (i).

[3]   Section 192 (3)

Insert after section 192 (2):
  
(3)  The Team may not undertake a detailed review of a reviewable death (within the meaning of Part 6 of the Community Services (Complaints, Reviews and Monitoring) Act 1993).

[4]   Section 245 Decisions that are reviewable by Administrative Decisions Tribunal

Omit “section 40” from section 245 (1). Insert instead “section 28”.

4.3 Children (Care and Protection) Act 1987 No 54

[1]   Section 103 Functions of Child Death Review Team

Omit “that are due to abuse or neglect or that occur in suspicious circumstances or” from section 103 (1) (a) (i).

[2]   Section 103 (3)

Insert after section 103 (2):
  
(3)  The Team may not undertake a detailed review of a reviewable death (within the meaning of Part 6 of the Community Services (Complaints, Reviews and Monitoring) Act 1993).

[3]   Section 112 Decisions that are reviewable by Administrative Decisions Tribunal

Omit “section 40”. Insert instead “section 28”.

4.4 Defamation Act 1974 No 18

[1]   Section 17A Matters relating to the Ombudsman etc

Omit “the Deputy Ombudsman” from section 17A (2).

Insert instead “a Deputy Ombudsman”.

[2]   Section 17KA Matters arising under the Community Services (Complaints, Reviews and Monitoring) Act 1993

Omit the section.

4.5 Disability Services Act 1993 No 3

Section 20 Decisions that are reviewable by Administrative Decisions Tribunal

Omit “section 40”. Insert instead “section 28”.

4.6 Jury Act 1977 No 18

Schedule 2 Persons ineligible to serve as jurors

Insert “a” before “Deputy Ombudsman” in item 9.

4.7 Privacy and Personal Information Protection Act 1998 No 133

[1]   Section 3 Definitions

Omit paragraph (d) of the definition of investigative agency.

[2]   Section 28 Other exemptions

Omit “, Guardianship Board and Community Services Commission” from section 28 (1).

Insert instead “and Guardianship Board”.

4.8 Public Finance and Audit Act 1983 No 152

Schedule 3 Departments

Omit the matter relating to the Community Services Commission.

4.9 Public Sector Management Act 1988 No 33

Schedule 1 Departments

Omit the matter relating to the Community Services Commission.

4.10 Search Warrants Act 1985 No 37

Section 10 Definitions

Omit “section 85 of the Community Services (Complaints, Reviews and Monitoring) Act 1993”.

Insert instead “section 18 of the Community Services (Complaints, Reviews and Monitoring) Act 1993”.

4.11 Superannuation Act 1916 No 28

Schedule 26

Omit “Community Services Commission” from Part 1 of the Schedule.
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