AGY-2046 | Home Care Service of New South Wales [II]

Full description

The Home Care Service of New South Wales was established by the Home Care Service Act, 1988 (Act No.6, 1988). The Act was proclaimed to commence on 18 July 1988. (1) The Home Care Service of New South Wales (an incorporated, but non-statutory body) was therefore abolished.

The chief executive of the newly-created Service was the Director-General who was responsible to the Minister for Family and Community Services and succeeding portfolios. (2)

The Act also appointed an advisory Board consisting of the Director - General and the General Manager and nine part-time members. (3) The functions of the Board were to (a) provide reports on matters of relevance to the Home Care Service; (b) advise the Service on matters referred to it by the Director-General; and (c) after 1990 to advise the Service on matters relating to the Hostel and Care program. (4)

The objects of the service were to provide home care services to people who are ill, disabled or incapacitated or have difficulties which prevent them carrying out domestic and maintenance work in their homes, or who otherwise need assistance to manage their homes. These services were to be performed in a manner which maintained the independence of the client; avoided institutional care when possible; and respected the clients' right to make their own decisions. Other principles of the service included that priorities were established according to need; fees were based on the client's ability to pay; disadvantaged people had access to services; resources were used efficiently and effectively; and that the service undertook appropriate planning to allow these principles to be achieved. (5)

In addition to providing home care services the functions of the service included (a) researching, monitoring evaluation of all aspects of its work and the need for home support services (b) working in co-operation with other programs and activities of the Minister for Family and Community Services (c) developing and conducting training programs and liaising with other training institutions (d) charging for its services (e) carrying out anything necessary for the performance of its primary function (f) to do anything imposed on it by this or any other Act of Parliament. (6)

The Act was amended by the Home Care Service (Amendment) Act, 1990 (Act No.76, 1990), to establish, promote and manage a hostel and care program to facilitate the provision of accommodation suitable for older people particularly those on low incomes. This program could be carried out by (a) giving financial assistance to external organisations to provide such facilities (b) proving advice concerning the design and construction of hostels including property development and project management advice. (c) entering any necessary contracts or agreements (d) obtaining funds for the accomplishment of this program through grants or other means. (7)

The Act was also amended by the Community Services (Complaints, Appeals and Monitoring) Act, 1993 (Act No.2, 1993), to provide that appeals against any action of the Minister, the Service or any person acting on their behalf could be referred to the Community Services Appeals Tribunal. (8)

On 11 April 2001, with the establishment of the Department of Ageing, Disability and Homecare, the Home Care Service began reporting to the Director-General of the new Department. However, the Home Care Service continued to operate as a Statutory Corporation with governance through an Advisory Board. (9)

From 1 July 2009, when the Department of Ageing, Disability and Home Care was abolished the Home Care Service became a branch of the Principal Department, the Department of Human Services. (10) The Service was “under the administration of Ageing, Disability and Home Care (ADHC)” branch of the Department of Human Services (11), but still continued to operate as a Statutory Corporation with governance through an Advisory Board. (12)

From 4 April 2011, when the name of the Department of Human Services was changed the Home Care Service became a branch of the Department of Family and Community Services [II]. (13) The Service was still under the administration of the Ageing, Disability and Home Care branch, and continued to operate as a Statutory Corporation with governance through an Advisory Board. (14)

On 19 February 2016, all assets and liabilities of the HCS were transferred to Australian Unity. The Statute Law (Miscellaneous Provisions) Act 2016 commenced on 28 June 2017 repealing the Home Care Service Act 1988 and dissolving the Home Care Service of NSW.(15)

Endnotes
1. NSW Government Gazette, 15 July 1988 p.3740.
2. Home Care Service Act, 1988 s.4.
3. Ibid. s.5.
4. Ibid. s.5 (1)-(3).
5. Ibid. s.6.
6. Ibid. s.7.
7. Home Care Service (Amendment) Act 1990, Schedule 1 (4). A new s.7A of the Principal Act.
8. Community Services (Complaints, Appeals and Monitoring) Act 1993, Schedule 2. A new s. 17A of the Principal (Home Care Service) Act.
9. Home Care Service of New South Wales website (http://www.homecare.nsw.gov.au accessed 18 July, 2001); Public Sector Management (Department of Ageing, Disability and Home Care) Order 2001 cls. 6 in NSW Government Gazette No. 71, 20 April 2001, pp. 1960 – 1961: Home Care Service of New South Wales Annual Report 2000–2001, pp.58-59, and 95: Department of Ageing Disability and Home Care Annual Report 2008–2009, pp.12-15, 69.
10. Department of Human Services Annual Report 2009–2010, pp.7-10, 56, 204 and 282; Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352) cls. 13, and Schedule 1 [1], Amendment of Public Sector Employment and Management Act 2002 No 43; notified on NSW Legislation website, 27 July 2009.
11. ‘Home Care Service’ from the Ageing, Disability and Home Care (ADHC), Department of Family and Community Services website. http://www.adhc.nsw.gov.au/individuals/help_at_home/home_care_service (accessed 16/06/2011); and ‘Advisory Board’ from the ADHC, Department of Family and Community Services website http://www.adhc.nsw.gov.au/individuals/help_at_home/home_care_service/advisory_board (accessed 16 June 2011).
12. Loc. cit.; Department of Human Services Annual Report 2009–2010, op.cit., p.56; ‘Our history’ from the Ageing, Disability and Home Care, Department of Family and Community Services Website http://www.adhc.nsw.gov.au/about/our_history (accessed 10 June 2011).
13. Public Sector Employment and Management (Departments) Order 2011 (2011 No 184) cls. 34; notified on NSW Legislation website, 3 April 2011.
14. ‘Our history’, ‘Home Care Service’ and ‘Advisory Board’ , op. cit., from the Ageing, Disability and Home Care, Department of Family and Community Services Website. 
15. Department of Family and Community Services, Annual Report 2015-2016, p.15; Commencement Proclamation (2017 No 293); NSW Legislation website, 28 June 2017.