Page 37 - Week 01 - Tuesday, 9 February 2016
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The effect of these amendments is to allow the Victims of Crime Commissioner to handle concerns and complaints from victims of crime in the same way that he currently does. Under the amendments the Disability and Community Services Commissioner will handle children and young people service complaints, disability service complaints and older people service complaints.
The intention is to appoint one person to the role of Disability and Community Services Commissioner, Health Services Commissioner and Discrimination Commissioner so that all complaint functions fall within the responsibility of a single commissioner, allowing complaint processes to be carried out more consistently and efficiently, with less confusion and internal referrals from a client perspective. The Disability and Community Services Commissioner will also exercise functions for older people for the commission.
Clause 21 of the bill inserts new divisions 3.7A and 3.7B, setting out specific functions of the Public Advocate and Victims of Crime Commissioner. Division 3.7A introduces the functions of the Public Advocate within the Commission. The current advocacy-related functions of the Public Advocate reflecting those contained in sections 11 and 12 of the Public Advocate Act 2005, which are repealed by the bill, have been transferred into this division. This includes advocacy for people with disability and children and young people, as well as service oversight and program facilitation for these groups.
The Victims of Crime Commissioner will exercise functions in relation to services for victims of crime and under the Domestic Violence Agencies Act 1986 as the domestic violence project coordinator, the Victims of Crime Act 1994 and the Victims of Crime (Financial Assistance) Act 1983.
The bill includes new processes for conducting meetings of the commission, with the president presiding at these meetings and having a casting vote in case of tied votes on a particular question. The exact matters that go to meetings of the commission are a matter that is required to be set out in the operations protocol.
The bill establishes a new, consolidated position of Public Trustee and Guardian, headed by a Public Trustee and Guardian, who will be a public servant. The bill makes provision for the appointment of multiple deputy public trustees and guardians.
In addition to the Public Trustee’s existing functions, new division 3.3 vests the Public Trustee and Guardian with the guardianship functions from the Public Advocate Act, including acting in the capacity of a guardian or manager of last resort for a person with impaired decision-making capacity when appointed by the Civil and Administrative Tribunal. That office will be responsible for representing people with a disability at hearings before the ACAT in relation to guardianship applications and promoting community discussion, and providing community education and information about the functions of the ACAT under the Guardianship and Management of Property Act.
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