Thursday, 9 September 2021

Social Services Regulation Bill 2021

Second reading

Debate resumed on motion of Mr DONNELLAN:

That this bill be now read a second time.

Motion agreed to.

Read second time.

Circulated amendments

Circulated government amendments as follows agreed to:

1.   Clause 1, line 6, omit “object” and insert “objects”.

2.   Clause 7, omit this clause.

3.   Clause 8, lines 23 and 24, omit all words and expressions on these lines and insert—

“(d) make decisions using an intelligence-led and integrated approach that is proportionate to risk and minimises regulatory burden; and”.

4.   Clause 8, line 34, omit “objective” and insert “objects”.

5.   Clause 8, page 16, line 12, omit “entities.” and insert “entities; and”.

6.   Clause 8, page 16, after line 12 insert—

“(h) liaise with other relevant agencies and regulatory entities to avoid, as far as possible, unnecessary duplication in the investigation of social service providers; and

(i) provide, where appropriate, social service providers with guidance and education regarding their duties and obligations under this Act and how social service providers may comply with those duties and obligations.”.

7.   Clause 13, page 20, line 17, omit “objective is” and insert “objects are”.

8.   Clause 18, line 18, omit “The” and insert “Subject to subsection (5), the”.

9.   Clause 18, page 25, after line 7 insert—

“(5) The Regulator must not issue guidelines under subsection (1) unless the Regulator has first consulted on the proposed guidelines in accordance with the prescribed requirements (if any).”.

10.   Clause 308, after line 15 insert—

“(3) The Minister must not recommend the approval of a compliance code unless the Minister is satisfied that the proposed compliance code has first been subject to the prescribed consultation requirements (if any).”.

11.   Page 242, after line 19 insert the following heading—

“Division 9—Review of Act”.

NEW CLAUSES

12.   Insert the following New Clause to follow clause 6—

“7 Objects of Regulator

The objects of the Regulator are—

(a) to monitor and enforce compliance with the requirements of this Act and the regulations relating to the safe delivery of social services; and

(b) to protect the rights of service users; and

(c) to minimise risks of avoidable harm caused by abuse or neglect in connection with the delivery of social services; and

(d) to promote and support the delivery of safe and effective social services; and

(e) to encourage a culture of continuous quality improvement in the provision of social services; and

(f) to provide confidence to service users and the community in the safety and quality of social services.”.

13.   Insert the following New Clause to follow clause 316 and the heading proposed by amendment number 11—

“316A Review of Act

(1) The Minister must conduct a review of the operation of this Act.

(2) The review must be conducted in the fourth year of the operation of the Act and be a review of the first 3 years of operation of the Act.

(3) On completing the review, the Minister must cause a report of the review to be tabled before each House of the Parliament.”.

Third reading

Motion agreed to.

Read third time.