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Community Services Appeals Tribunal

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The Community Services Appeal Tribunal was an independent tribunal established in the State of New South Wales to deal with breaches of community welfare legislation, as well as handling appeals against licensing decisions in respect of child care services, boarding houses, and foster carers. The tribunal provided the first forum in New South Wales for alternative dispute resolution in New South Wales for resolving disputes. The tribunal replaced the Community Welfare Appeals Tribunal which was known as CWAT.

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63-640: The tribunal would hear matters in an informal manner in an attempt to do justice in the matter. The tribunal was abolished on 1 January 1999 and was replaced by the Community Services Division of the Administrative Decisions Tribunal of New South Wales . The tribunal was established under section 92 of the Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW). The Governor of New South Wales could appoint

126-452: A case in the tribunal. The concern had to be a concern greater than an ordinary member of the public. The tribunal would also exclude people if it considered that they were “unjustifiably interfering” with a decision. The jurisdiction of the Tribunal is protective and its purpose is to protect the public. The object is not punitive and the Tribunal is not there to punish the physiotherapist but

189-411: A court. The tribunal as a result strived to be informal in its procedures. However, there was still some legalistic aspects of its procedures, and parties would engage lawyers and expert witnesses to appear in the tribunal. Decisions of the tribunal were to be determined by a majority of the votes of the members. However, any point of law was to be determined by the member who was either a barrister or

252-663: A deal with Edmund Barton , leader of the NSW Protectionist Party, whereby they would work together for federation and leave the question of a protective tariff for a future Australian government to decide. In early 1893 the first citizens' Federation League was established in the Riverina region of New South Wales and many other leagues were soon formed in the colony. The leagues organised a conference in Corowa in July 1893 which developed

315-517: A debt crisis after the onset of the Great Depression in 1929. New South Wales was hit harder by the depression than other states, and by 1932 one third of union members in the state were unemployed, compared with 20 per cent nationally. Labor won the November 1930 NSW elections and Jack Lang became premier for the second time. In 1931 Lang proposed a plan to deal with the depression which included

378-451: A diverse set of understory shrubs and fungi. One of the widespread fungi is Witch's Butter ( Tremella mesenterica ). The western slopes and plains fill a significant portion of the state's area and have a much sparser population than areas nearer the coast. Agriculture is central to the economy of the western slopes, particularly the Riverina region and Murrumbidgee Irrigation Area in

441-564: A gift of a bottle of wine. The Liberal Party then elected Treasurer Mike Baird as party leader and Premier. Baird resigned as Premier on 23 January 2017, and was replaced by Gladys Berejiklian . On 23 March 2019, Berejiklian led the Coalition to a third term in office. She maintained high personal approval ratings for her management of a bushfire crisis and the COVID-19 pandemic . However, Berejiklian resigned as premier on 5 October 2021, following

504-681: A hereditary upper house was widely ridiculed and subsequently dropped. The property qualification for voters had been reduced in 1851, and by 1856 95 per cent of adult males in Sydney, and 55 per cent in the colony as a whole, were eligible to vote. Full adult male suffrage was introduced in 1858. In 1859 Queensland became a separate colony. In 1861 the NSW parliament legislated land reforms intended to encourage family farms and mixed farming and grazing ventures. The amount of land under cultivation subsequently increased from 246,000 acres in 1861 to 800,000 acres in

567-644: A huge victory for Holman's pro-conscription Nationalists in the elections of March 1917, a second referendum on conscription held in December that year was defeated in New South Wales and nationally. Following the war, NSW governments embarked on large public works programs including road building, the extension and electrification of the rail network and the construction of the Sydney Harbour Bridge. The works were largely funded by loans from London, leading to

630-572: A majority of one seat. The outbreak of the First World War in 1914 saw more NSW volunteers for service than the federal authorities could handle, leading to unrest in camps as recruits waited for transfer overseas. In 1916 NSW premier William Holman and a number of his supporters were expelled from the Labor party over their support for military conscription. Holman subsequently formed a Nationalist government which remained in power until 1920. Despite

693-582: A military outpost on King George Sound in Western Australia in 1826 which was later transferred to the Swan River colony. In 1839, the UK decided to formally annex at least part of New Zealand to New South Wales. It was administered as a dependency until becoming the separate Colony of New Zealand on 3 May 1841. From the 1820s, squatters increasingly established unauthorised cattle and sheep runs beyond

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756-685: A person to be the President of the tribunal. This appointment is on the recommendation of the Minister after consultation with the Community Services Review Council The appointment could be for up to five years, and the President could be re-appointed and the position was a paid appointment. The Minister could also appoint part-time members to the tribunal after consultation with the Council. One of those part-time members could be appointed as

819-507: A plan for federation. The new NSW premier, George Reid , endorsed the "Corowa plan" and in 1895 convinced the majority of other premiers to adopt it. A constitutional convention held sessions in 1897 and 1898 which resulted in a proposed constitution for a Commonwealth of federated states. However, a referendum on the constitution failed to gain the required majority in New South Wales after that colony's Labor party campaigned against it and premier Reid gave it such qualified support that he earned

882-618: A planner to design the street layout of Sydney. A road across the Blue Mountains was completed in 1815, opening the way for large scale farming and grazing in the lightly wooded pastures west of the Great Dividing Range . In 1825 Van Diemen's Land (now Tasmania) became a separate colony and the western border of New South Wales was extended to the 129th meridian east (now the West Australian border). New South Wales established

945-423: A ship, and sail to freedom. Poorly armed, and with their leader Philip Cunningham captured, about 100 troops and volunteers routed the main body of insurgents at Rouse Hill . At least 39 convicts were killed in the uprising and subsequent executions. Lachlan Macquarie (governor 1810–1821) commissioned the construction of roads, wharves, churches and public buildings, sent explorers out from Sydney, and employed

1008-540: A solicitor. Where the votes were tied, the presiding member had the casting vote. Selected decisions are available on the internet at Austlii. Administrative Decisions Tribunal of New South Wales The Administrative Decisions Tribunal of New South Wales (ADT) was established in 1997 and was replaced in 2014 by the NSW Civil and Administrative Tribunal (NCAT). It did not have general jurisdiction, but had various jurisdictions conferred by particular statutes. It

1071-502: A suspension of interest payments to British creditors, diverting the money to unemployment relief. The Commonwealth and state premiers rejected the plan and later that year Lang's supporters in the Commonwealth parliament brought down James Scullin's federal Labor government. The NSW Lang government subsequently defaulted on overseas interest payments and was dismissed from office in May 1932 by

1134-403: A wide pool of qualified applicants. The President could only be removed from office for misbehaviour or incompetence, or if they obtained other full-time employment. Part-time members could be removed for any reason. The tribunal performed merit reviews of government administrative decisions. In other words, the tribunal would review a decision based on how a government official should have made

1197-527: Is now New South Wales, including the Wiradjuri , Gamilaray , Yuin , Ngarigo , Gweagal , and Ngiyampaa peoples. In 1770, James Cook charted the unmapped eastern coast of the continent of New Holland , now Australia, and claimed the entire coastline that he had just explored as British territory. Contrary to his instructions, Cook did not gain the consent of the Aboriginal inhabitants. Cook originally named

1260-412: Is there to maintain proper standards in the profession. The tribunal was required to have between three and five members present when hearing a case. At least one of the members had to be a barrister or a solicitor. As far as possible, at least one of the members had to have some expertise in the area of the case before the tribunal. The presiding member on the case was the President, or if the President

1323-476: The Australian mainland with its western boundary set at 129th meridian east in 1825. The colony then also included the island territories of Van Diemen's Land , Lord Howe Island , and Norfolk Island . During the 19th century, most of the colony's area was detached to form separate British colonies that eventually became the various states and territories of Australia . The Swan River Colony (later called

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1386-785: The Colony of Western Australia ) was never administered as part of New South Wales. Lord Howe Island remains part of New South Wales, while Norfolk Island became a federal territory , as have the areas now known as the Australian Capital Territory and the Jervis Bay Territory . The original inhabitants of New South Wales were the Aboriginal tribes who arrived in Australia about 40,000 to 60,000 years ago. Before European settlement there were an estimated 250,000 Aboriginal people in

1449-545: The Community Services Appeals Tribunal ), Revenue Division, Equal Opportunity Division, Retail Leases Division and Legal Services Division. The Internal Appeal Panel heard appeals from the Divisions and an External Appeal Panel heard appeals from other bodies. The Tribunal was conducted in a less formal manner than a court and was presided over by either a single member or a panel of three members (depending on

1512-526: The Mid North Coast and Northern Rivers regions reaching northwards to the Queensland border. Tourism is important to the economies of coastal towns such as Coffs Harbour , Lismore , Nowra and Port Macquarie , but the region also produces seafood, beef, dairy, fruit, sugar cane and timber. The Great Dividing Range extends from Victoria in the south through New South Wales to Queensland, parallel to

1575-566: The 1880s. Wool production also continued to grow, and by the 1880s New South Wales produced almost half of Australia's wool. Coal had been discovered in the early years of settlement and gold in 1851, and by the 1890s wool, gold and coal were the main exports of the colony. The NSW economy also became more diversified. From the 1860s, New South Wales had more people employed in manufacturing than any other Australian colony. The NSW government also invested strongly in infrastructure such as railways, telegraph, roads, ports, water and sewerage. By 1889 it

1638-421: The 40-hour working week was implemented by 1947. The post-war economic boom brought near-full employment and rising living standards, and the government engaged in large spending programs on housing, dams, electricity generation and other infrastructure. In 1954 the government announced a plan for the construction of an opera house on Bennelong Point . The design competition was won by Jørn Utzon . Controversy over

1701-595: The Adoption Information Act 1990., the Adoption of Children Act 1965, and the Children (Care and Protection) Act 1987, Disability Services and Guardianship Act 1987 and Home Care Service, Act 1988. Applications could be made by persons with a “genuine concern”. The tribunal took the view that any person directly affected by a decision, or a third party who wished to bring proceedings in the public interest, could bring

1764-564: The Deputy President of the tribunal by the Minister. At least one of the members was to be a barrister or a solicitor. A part-time member could be appointed for up to five years and could be re-appointed again. Part-time members were paid a daily remuneration. In appointing the members, the following persons could be considered: (a) people with knowledge of and experience in administration, child care, community services, education, law, medicine, psychology and social work; (b) other people who

1827-584: The Division). Access was cheaper than to a court and in some cases free of charge. As with other tribunals in New South Wales , the ADT encouraged parties to negotiate their own resolution through mediation prior to any hearing. The resolution devised by the parties could then be made official at the hearing by a member of the Tribunal. If this failed, the Tribunal could make a decision which would be legally binding upon

1890-424: The Minister considered had suitable qualifications or experience warranting their appointment. The appointment can be for up to seven years and the person can be re-appointed again for up to another seven years. In practice, the tribunal would advertise for expressions of interests in member positions, and would select applicants based on merit. The tribunal took the view that this ensured that members were drawn from

1953-616: The centre of a narrow coastal strip extending from cool temperate areas on the far south coast to subtropical areas near the Queensland border. Gulaga National Park in the South Coast features the southernmost subtropical rainforest in the state. The Illawarra region is centred on the city of Wollongong, with the Shoalhaven , Eurobodalla and the Sapphire Coast to the south. The Central Coast lies between Sydney and Newcastle, with

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2016-462: The colony's exports and by 1850 most of the eastern third of New South Wales was controlled by fewer than 2,000 pastoralists. The transportation of convicts to New South Wales ended in 1840, and in 1842 a Legislative Council was introduced, with two-thirds of its members elected and one-third appointed by the governor. Former convicts were granted the vote, but a property qualification meant that only one in five adult males were enfranchised. By 1850

2079-542: The corporatisation of government agencies and the privatisation of some government services. An Independent Commission Against Corruption (ICAC) was created. Greiner called a snap election in 1991 which the Liberals were expected to win. However the ALP polled extremely well and the Liberals lost their majority and needed the support of independents to retain power. In 1992, Greiner was investigated by ICAC for possible corruption over

2142-550: The cost of the Sydney Opera House and construction delays became a political issue and was a factor in the eventual defeat of Labor in 1965 by the conservative Liberal Party and Country Party coalition led by Robert Askin . The Askin government promoted private development, law and order issues and greater state support for non-government schools. However, Askin, a former bookmaker, became increasingly associated with illegal bookmaking, gambling and police corruption. In

2205-459: The decision. This is in contrast to a judicial review where a judge or a court would decide whether the decision was made lawfully. There was also no fees for filing an application in the tribunal. As a result, the tribunal had an important function in making government more “open and accountable” by providing an opportunity for affected people to challenge decisions. The tribunal had jurisdiction to hear appeals concerning Community Welfare matters.,

2268-560: The governor, Sir Phillip Game . The following elections were won comfortably by the United Australia Party in coalition with the Country Party. Bertram Stevens became premier, remaining in office until 1939, when he was replaced by Alexander Mair . A contemporary study by sociologist A. P. Elkin found that the population of New South Wales responded to the outbreak of war in 1939 with pessimism and apathy. This changed with

2331-635: The islands adjacent in the Pacific Ocean". The area included modern New South Wales, Queensland, Victoria, Tasmania. He remained as governor until 1792. The settlement was initially planned to be a self-sufficient penal colony based on subsistence agriculture. Trade and shipbuilding were banned to keep the convicts isolated. However, after the departure of Governor Phillip, the colony's military officers began acquiring land and importing consumer goods obtained from visiting ships. Former convicts also farmed land granted to them and engaged in trade. Farms spread to

2394-511: The land New Wales , however, on his return voyage to Britain he settled on the name New South Wales . In January 1788 Arthur Phillip arrived in Botany Bay with the First Fleet of 11 vessels, which carried over a thousand settlers, including 736 convicts. A few days after arrival at Botany Bay , the fleet moved to the more suitable Port Jackson , where Phillip established a settlement at

2457-482: The late 1960s, a secessionist movement in the New England region of the state led to a 1967 referendum on the issue which was narrowly defeated. The new state would have consisted of much of northern NSW including Newcastle . Askin's resignation in 1975 was followed by a number of short-lived premierships by Liberal Party leaders. When a general election came in 1976, the ALP under Neville Wran came to power. Wran

2520-476: The more fertile lands surrounding Paramatta , Windsor and Camden , and by 1803 the colony was self-sufficient in grain. Boat building was developed to make travel easier and exploit the marine resources of the coastal settlements. Sealing and whaling became important industries. In March 1804, Irish convicts led around 300 rebels in the Castle Hill Rebellion , an attempt to march on Sydney, commandeer

2583-678: The narrow coastal plain. This area includes the Snowy Mountains , the Northern , Central and Southern Tablelands , the Southern Highlands and the South West Slopes . Whilst not particularly steep, many peaks of the range rise above 1,000 metres (3,281 ft), with the highest Mount Kosciuszko at 2,228 m (7,310 ft). Skiing in Australia began in this region at Kiandra around 1861. The relatively short ski season underwrites

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2646-608: The necessary enabling legislation in 1900 and Western Australia subsequently voted to join the new federation. The Commonwealth of Australia was inaugurated on 1 January 1901, and Barton was sworn in as Australia's first prime minister. The first post-federation NSW governments were Progressive or Liberal Reform and implemented a range of social reforms with Labor support. Women won the right to vote in NSW elections in 1902, but were ineligible to stand for parliament until 1918. Labor increased its parliamentary representation in every election from 1904 before coming to power in 1910 with

2709-457: The nickname "yes-no Reid". The premiers of the other colonies agreed to a number of concessions to New South Wales (particularly that the future Commonwealth capital would be located in NSW), and in 1899 further referendums were held in all the colonies except Western Australia. All resulted in yes votes, with the yes vote in New South Wales meeting the required majority. The Imperial Parliament passed

2772-504: The offer of a public service position to a former Liberal MP. Greiner resigned but was later cleared of corruption. His replacement as Liberal leader and Premier was John Fahey , whose government narrowly lost the 1995 election to the ALP under Bob Carr , who was to become the longest serving premier of the state. The Carr government (1995–2005) largely continued its predecessors' focus on the efficient delivery of government services such as health, education, transport and electricity. There

2835-497: The official limits of the settled colony. In 1836, an annual licence was introduced in an attempt to control the pastoral industry, but booming wool prices and the high cost of land in the settled areas encouraged further squatting. The expansion of the pastoral industry led to violent episodes of conflict between settlers and traditional Aboriginal landowners, such as the Myall Creek massacre of 1838. By 1844 wool accounted for half of

2898-626: The opening of an ICAC investigation into her actions between 2012 and 2018. She was replaced by Dominic Perrottet . New South Wales is bordered on the north by Queensland, on the west by South Australia, on the south by Victoria and on the east by the Coral and Tasman Seas . The Australian Capital Territory and the Jervis Bay Territory form a separately administered entity that is bordered entirely by New South Wales. The state can be divided geographically into four areas. New South Wales's three largest cities, Sydney , Newcastle and Wollongong , lie near

2961-488: The parties. This article related to Australian law is a stub . You can help Misplaced Pages by expanding it . New South Wales New South Wales (commonly abbreviated as NSW ) is a state on the east coast of Australia . It borders Queensland to the north, Victoria to the south, and South Australia to the west. Its coast borders the Coral and Tasman Seas to the east. The Australian Capital Territory and Jervis Bay Territory are enclaves within

3024-490: The place he named Sydney Cove (in honour of the Secretary of State, Lord Sydney ) on 26 January 1788. This date later became Australia's national day, Australia Day . Governor Phillip formally proclaimed the colony on 7  February 1788 at Sydney. Phillip, as Governor of New South Wales , exercised nominal authority over all of Australia east of the 135th meridian east between the latitudes of 10°37'S and 43°39'S, and "all

3087-540: The region. The Wodi wodi people, who spoke a variant of the Dharawal language, are the original custodians of an area south of Sydney which was approximately bounded by modern Campbelltown , Shoalhaven River and Moss Vale and included the Illawarra . The Bundjalung people are the original custodians of parts of the northern coastal areas . There are other Aboriginal peoples whose traditional lands are within what

3150-442: The settler population of New South Wales had grown to 180,000, not including the 70,000 living in the area which became the separate colony of Victoria in 1851. In 1856 New South Wales achieved responsible government with the introduction of a bicameral parliament comprising a directly elected Legislative Assembly and a nominated Legislative Council . William Charles Wentworth was prominent in this process, but his proposal for

3213-439: The state's south-west. Regional cities such as Albury , Dubbo , Griffith and Wagga Wagga and towns such as Deniliquin , Leeton and Parkes exist primarily to service these agricultural regions. The western slopes descend slowly to the western plains that comprise almost two-thirds of the state and are largely arid or semi-arid. The mining town of Broken Hill is the largest centre in this area. One possible definition of

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3276-504: The state. New South Wales' state capital is Sydney , which is also Australia's most populous city. In December 2023 , the population of New South Wales was over 8.3 million, making it Australia's most populous state. Almost two-thirds of the state's population, 5.3 million, live in the Greater Sydney area. The Colony of New South Wales was founded as a British penal colony in 1788. It originally comprised more than half of

3339-498: The threat of invasion by Japan, which entered the war in December 1941. In May 1942 three Japanese midget submarines entered Sydney harbour and sank a naval ship, killing 29 men aboard. The following month Sydney and Newcastle were shelled by Japanese warships. American troops began arriving in the state in large numbers. Manufacturing, steelmaking, shipbuilding and rail transport all grew with the war effort and unemployment virtually disappeared. A Labor government led by William McKell

3402-426: The tourist industry in the Snowy Mountains . Agriculture, particularly the wool industry, is important throughout the highlands. Major centres include Armidale , Bathurst , Bowral , Goulburn , Inverell , Orange , Queanbeyan and Tamworth . There are numerous forests in New South Wales, with such tree species as Red Gum Eucalyptus and Crow Ash ( Flindersia australis ), being represented. Forest floors have

3465-470: Was able to transform this narrow one seat victory into landslide wins (known as Wranslides) in 1978 and 1981. After winning a comfortable though reduced majority in 1984, Wran resigned as premier and left parliament. His replacement Barrie Unsworth struggled to emerge from Wran's shadow and lost a 1988 election against a resurgent Liberal Party led by Nick Greiner . The Greiner government embarked on an efficiency program involving public sector cost-cutting,

3528-529: Was an increasing emphasis on public-private partnerships to deliver infrastructure such as freeways, tunnels and rail links. The Carr government gained popularity for its successful organisation of international events, especially the 2000 Sydney Olympics, but Carr himself was critical of the federal government over its high immigration intake, arguing that a disproportionate number of new migrants were settling in Sydney, putting undue pressure on state infrastructure. Carr unexpectedly resigned from office in 2005 and

3591-424: Was elected in May 1941. The McKell government benefited from full employment, budget surpluses, and a co-operative relationship with John Curtin's federal Labor government. McKell became the first Labor leader to serve a full term and to be re-elected for a second. The Labor party was to govern New South Wales until 1965. The Labor government introduced two weeks of annual paid leave for most NSW workers in 1944, and

3654-479: Was formed in 1885 but New South Wales declined to join. A major obstacle to the federation of the Australian colonies was the protectionist policies of Victoria which conflicted with the free trade policies dominant in New South Wales. Nevertheless, the NSW premier Henry Parkes was a strong advocate of federation and his Tenterfield Oration in 1889 was pivotal in gathering support for the cause. Parkes also struck

3717-415: Was not present, the Deputy President, or a member nominated by the President. The tribunal could make rules about the procedure to be followed in the tribunal. Additionally, the tribunal could determine any additional points of tribunal as necessary. When the tribunal was first established, the intention was to make it accessible to the general public who might be intimidated by the normal legal processes of

3780-598: Was one of the factors leading the Trades and Labor Council to form a political party. The Labor Electoral League won a quarter of seats in the NSW elections of 1891 and held the balance of power between the Free Trade Party and the Protectionist Party . The suffragette movement was developing at this time. The Womanhood Suffrage League of New South Wales was founded in 1891. A Federal Council of Australasia

3843-402: Was possible to travel by train from Brisbane to Adelaide via Sydney and Melbourne. The extension of the rail network inland also encouraged regional industries and the development of the wheat belt . In the 1880s trade unions grew and were extended to lower skilled workers. In 1890 a strike in the shipping industry spread to wharves, railways, mines, and shearing sheds. The defeat of the strike

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3906-611: Was replaced by Morris Iemma , who remained premier after being re-elected in the March 2007 state election , until he was replaced by Nathan Rees in September 2008. Rees was subsequently replaced by Kristina Keneally in December 2009, who became the first female premier of New South Wales. Keneally's government was defeated at the 2011 state election and Barry O'Farrell became Premier on 28 March. On 17 April 2014 O'Farrell stood down as Premier after misleading an ICAC investigation concerning

3969-516: Was responsible for reviewing decisions of some New South Wales government departments, for hearing discrimination complaints referred by the President of the New South Wales Anti-Discrimination Board, for hearing complaints about professional misconduct and for hearing disputes over commercial leases. It consisted of an Appeal Panel, a General Division and five specialist Divisions: Community Services Division (previously

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