{"id":"nsw:act-1987-052","name":"Community Welfare Act 1987","slug":"community-welfare-act-1987","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"52 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107287,"registerId":"nsw-act-1987-052-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Community Welfare Act 1987](/view/html/inforce/current/act-1987-052).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Except as provided by subsections (2) and (3), this Act shall commence on the date of assent to this Act.\n> \n> > (2) Sections 14, 15 and 16 shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.\n> \n> > (3) Part 6 shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.\n> \n> **s 2:** Am 1987 No 258, Sch 1 (1).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—\n> > \n> > approved non-Government organisation means a corporation, society, association or other body of persons, not being the Crown, approved by the Minister for the purposes of this Act.\n> > \n> > child means a person who is under the age of 18 years.\n> > \n> > committee means an advisory committee referred to in section 17.\n> > \n> > Community Disaster Relief Fund means the fund referred to in section 39.\n> > \n> > Community Welfare Fund means the fund referred to in section 12.\n> > \n> > community welfare legislation means—\n> > \n> > > (a) this Act and any other Act administered by the Minister within the Department, and\n> > \n> > > (b) any instrument under this Act or any other such Act,\n> > \n> > Department means the Department of Family and Community Services.\n> > \n> > disabled person means an intellectually disabled person or a physically disabled person.\n> > \n> > employee means a person employed in the Department.\n> > \n> > facility, in relation to any provision of the community welfare legislation, means any premises the subject of an order in force under section 3A (1) in respect of that provision.\n> > \n> > intellectual impairment, in relation to a person, means any defect or disturbance in the normal structure and functioning of the person’s brain, whether arising from a condition subsisting at birth or from illness or injury.\n> > \n> > intellectually disabled person includes a person who, as a result of disabilities arising from intellectual impairment, is substantially limited in one or more major life activities.\n> > \n> > physical impairment, in relation to a person, means any defect or disturbance in the normal structure and functioning of the person’s body, whether arising from a condition subsisting at birth or from illness or injury, but does not include intellectual impairment.\n> > \n> > physically disabled person includes a person who, as a result of having a physical impairment to his or her body, and having regard to any community attitudes relating to persons having the same physical impairment as that person and to the physical environment, is limited in his or her opportunities to enjoy a full and active life.\n> > \n> > regulation means a regulation made under this Act.\n> > \n> > Secretary means the Secretary of the Department.\n> \n> > (2) In this Act—\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> **s 3:** Am 1987 No 258, Sch 1 (2); 1988 No 6, sec 19 (a); 1989 No 54, sec 3 (a); 1992 No 105, Sch 1 (1); 1993 No 2, Sch 2; 1997 No 77, Sch 1.7; 2000 No 53, Sch 2.1 \\[1\\] \\[2\\]; 2010 No 119, Sch 1.6 \\[1\\] \\[2\\]; 2014 No 41, Sch 5.3 \\[1\\]; 2014 No 88, Sch 2.9 \\[2\\] \\[3\\]; 2015 No 15, Sch 3.13 \\[1\\].","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Facilities","content":"#### 3A Facilities\n\n3A Facilities\n\n> > (1) The Minister may, by order published in the Gazette, declare any premises specified or described in the order to be a facility—\n> > \n> > > (a) for the purposes of the community welfare legislation generally, or\n> > \n> > > (b) for the purposes of any specified provision of the community welfare legislation.\n> > \n> > Editorial note—\n> > \n> > Order published in Gazette No 8 of 15.1.1988, p 223 and amended in Gazette No 78 of 23.6.1989, p 3653. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.\n> \n> > (2) The Minister may, by the order by which any premises are declared to be a facility or by any subsequent order published in the Gazette, give a name to the facility.\n> \n> > (3) An order under subsection (1) may declare any premises specified or described in the order to be one or more kinds of facility.\n> \n> > (4) An order under subsection (1) shall not be made in relation to premises under the control of a person (other than the Crown or a person acting on behalf of the Crown) except with the consent in writing of the firstmentioned person.\n> \n> > (5) An order under subsection (1) shall not be made in relation to premises under the control of a Minister (other than the Minister administering this Act) except with the consent in writing of that other Minister.\n> \n> > (6) The Minister may establish and maintain, on any facility that comprises premises that are under the control of the Crown or a person acting on behalf of the Crown, such establishments as the Minister considers necessary for the purpose of carrying out or giving effect to the community welfare legislation.\n> \n> **s 3A:** Ins 1987 No 258, Sch 1 (3).","sortOrder":4},{"sectionNumber":"3B","sectionType":"section","heading":null,"content":"#### 3B\n\n3B (Repealed)","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Objects of community welfare legislation","content":"#### 4 Objects of community welfare legislation\n\n4 Objects of community welfare legislation\n\n> > (1) The objects of the community welfare legislation are—\n> > \n> > > (a) to promote, protect, develop, maintain and improve the well-being of the people of New South Wales to the maximum extent possible,\n> > \n> > > (b) to promote the welfare of the family as the basis of community well-being,\n> > \n> > > (c) to ensure the provision, to the maximum extent possible, of services for, and assistance to, persons disadvantaged because of—\n> > > \n> > > > (i) lack of adequate family or social support,\n> > > \n> > > > (ii) personal or family problems that inhibit adequate social functioning,\n> > > \n> > > > (iii) the breakdown of the family as a social unit,\n> > > \n> > > > (iv) lack of adequate food, shelter or other basic necessities,\n> > > \n> > > > (v) physical or intellectual impairment,\n> > > \n> > > > (vi) their being members of an ethnic group which has inadequate access to services or resources available in the community,\n> > > \n> > > > (vii) age, whether young, advanced or other,\n> > > \n> > > > (viii) lack of information about or access to services or resources available in the community, or\n> > > \n> > > > (ix) their residing in places which lack basic services essential to the proper functioning of those persons,\n> > \n> > > (d) to promote the welfare of Aborigines on the basis of a recognition of—\n> > > \n> > > > (i) Aboriginal culture and identity,\n> > > \n> > > > (ii) Aboriginal community structures,\n> > > \n> > > > (iii) Aboriginal community standards,\n> > > \n> > > > (iv) the rights of Aborigines to raise and protect their own children, and\n> > > \n> > > > (v) the rights of Aborigines to be involved in the decision-making processes that affect them and their children,\n> > \n> > > (e) to encourage the establishment of community welfare and other services necessary to promote, protect, develop, maintain and improve the well-being of persons,\n> > \n> > > (f) to assist and encourage collaboration among persons and organisations engaged in the promotion of community welfare or the provision of community welfare services,\n> > \n> > > (g) to promote and encourage research, education, instruction and training in matters relating to community welfare,\n> > \n> > > (h) to promote and facilitate the provision by persons and organisations of services to complement any community welfare service,\n> > \n> > > (i) to promote the involvement of the community in the provision of community welfare services and in the social development of the community, and\n> > \n> > > (j) to co-ordinate the allocation of funds for community welfare services.\n> \n> > (2) The provisions of any paragraph of subsection (1) shall not be construed as limiting or being limited by the operation of any other provision of the community welfare legislation.\n> \n> > (3) In making any appointment under the community welfare legislation, the Minister shall have regard to the objects specified in subsection (1).","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Delegation","content":"#### 5 Delegation\n\n5 Delegation\n\n> > (1) The Minister may delegate to the Secretary, or to any other person, the exercise of any of the Minister’s functions under the community welfare legislation, other than this power of delegation.\n> \n> > (2) The Secretary may delegate to any person the exercise of—\n> > \n> > > (a) any of the functions delegated to the Secretary by the Minister, or\n> > \n> > > (b) any of the other functions of the Secretary under the community welfare legislation, other than this power of delegation.\n> \n> > (3) In this section, a reference to the community welfare legislation includes a reference to each of the following Acts (and to any instrument under the Act) even though the Act may not be administered by the Minister within the Department—\n> > \n> > > [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055)\n> > \n> > > [Children (Protection and Parental Responsibility) Act 1997](/view/html/inforce/current/act-1997-078)\n> \n> > (4) However, a reference to community welfare legislation in this section does not include a reference to the [Boarding Houses Act 2012](/view/html/inforce/current/act-2012-074) even if it is wholly or partly administered by the Minister.\n> \n> > (5)–(7) (Repealed)\n> \n> **s 5:** Am 1988 No 8, Sch 1 (1); 1997 No 78, Sch 1; 2012 No 74, Sch 3.3..","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Community welfare and social development","content":"# Part 2 Community welfare and social development\n\nPart 2 Community welfare and social development","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"Functions of Minister and Secretary","content":"## Division 1 Functions of Minister and Secretary\n\nDivision 1 Functions of Minister and Secretary","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Power of Minister in relation to community welfare and social development","content":"#### 6 Power of Minister in relation to community welfare and social development\n\n6 Power of Minister in relation to community welfare and social development\n\n> > (1) The Minister may—\n> > \n> > > (a) conduct research into community welfare and social development and the adequacy and efficacy of the community welfare legislation, and of the administration of the community welfare legislation, and evaluate the information gained from any such research,\n> > \n> > > (b) without limiting paragraph (a), conduct research to identify groups of persons who are or who are likely to become disadvantaged, as referred to in section 4 (1) (c),\n> > \n> > > (c) review, monitor and evaluate programmes for the provision of community welfare services and social development programmes that are carried out under the community welfare legislation or that are financed, wholly or partly, out of funds provided by Parliament for the administration of the community welfare legislation,\n> > \n> > > (d) grant to such persons or organisations concerned in community welfare or social development as the Minister thinks fit such access to publications and information in the possession of the Department (including the results of any research or evaluation) as the Minister thinks fit and in such manner as the Minister considers would preserve any necessary confidentiality and the privacy of persons,\n> > \n> > > (e) develop and carry out, or provide assistance and support for the development and carrying out by persons or organisations of, programmes for the provision of community welfare services and social development programmes the objectives of which are consistent with any of the objects of the community welfare legislation, and\n> > \n> > > (f) with respect to any kind of assistance that may be granted under the community welfare legislation, cause to be published guidelines specifying the circumstances in which that assistance may be granted.\n> \n> > (2) Any assistance or support referred to in subsection (1) (e) may be provided on such conditions as are agreed upon by the Minister and the person or organisation to whom or to which the assistance or support is to be provided.\n> \n> > (3) In the exercise of any function under subsection (1) (e), the Minister shall have regard to the desirability of exercising that function with respect to programmes that—\n> > \n> > > (a) develop and strengthen local neighbourhood and community interests,\n> > \n> > > (b) are based on the principle of self-help or the transfer of skills and knowledge, or\n> > \n> > > (c) take into consideration the multi-cultural nature of the community.\n> \n> > (4) The provisions of any paragraph of subsection (1) shall not be construed as limiting or being limited by the operation of any other provision of this Act.","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Assistance funds for community welfare and social development programs","content":"#### 7 Assistance funds for community welfare and social development programs\n\n7 Assistance funds for community welfare and social development programs\n\n> > (1) The Minister may establish and maintain funds (in this section referred to as assistance funds) for the purpose of providing assistance and support for any programmes, as referred to in section 6 (1) (e), being carried out or to be carried out by any persons, other than the Minister, or by any organisations.\n> \n> > (2) An assistance fund shall consist of—\n> > \n> > > (a) such money as may be provided from time to time by Parliament for the purpose of the carrying out of the programmes for which the assistance fund is established and maintained, and\n> > \n> > > (b) such other money as may be allocated to the assistance fund from time to time from the Community Welfare Fund.\n> \n> > (3) Payments out of an assistance fund may be made for the purpose of carrying out the programmes for which the assistance fund is established and maintained and may be so made only with the approval of the Minister.\n> \n> > (3A) Part 4 of the [Disability Inclusion Act 2014](/view/html/inforce/current/act-2014-041) applies to payments out of an assistance fund in the same way as it applies to financial assistance provided under that Act if the payments are to persons or organisations for whom financial assistance may be provided under that Act.\n> \n> > (4) The Minister shall, before giving any such approval, take into consideration any recommendation made by any committee having functions to advise the Minister with respect to those programmes.\n> \n> **s 7:** Am 1993 No 3, Sch 2; 2014 No 41, Sch 5.3 \\[2\\]; 2022 No 35, Sch 2.2.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Honorary welfare officers","content":"#### 8 Honorary welfare officers\n\n8 Honorary welfare officers\n\n> > (1) The Minister may appoint honorary welfare officers to carry out such duties under the community welfare legislation as may be prescribed by the regulations.\n> \n> > (2) The Secretary shall issue each honorary welfare officer with an identity card evidencing the officer’s appointment.\n> \n> > (3) The Secretary may provide such training and support for honorary welfare officers as the Secretary thinks fit.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Preparation of policies and programmes by the Secretary","content":"#### 9 Preparation of policies and programmes by the Secretary\n\n9 Preparation of policies and programmes by the Secretary\n\n> > (1) The Secretary shall, when given directions by the Minister to do so, cause to be prepared statements of proposed policies with respect to community welfare and social development and proposed programmes for the implementation of those policies.\n> \n> > (2) If the Minister so approves, the Secretary may—\n> > \n> > > (a) invite participation by such persons and organisations concerned in community welfare or social development as the Secretary thinks fit in the preparation of any such statements or programmes,\n> > \n> > > (b) cause drafts of any such statements or programmes to be made available for public comment before their submission, with or without amendment, to the Minister, and\n> > \n> > > (c) cause any such statements or programmes, and any documents or matter used in their preparation, to be published and made available to the public.","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Assessment of community welfare and social development programmes by the Secretary","content":"#### 10 Assessment of community welfare and social development programmes by the Secretary\n\n10 Assessment of community welfare and social development programmes by the Secretary\n\n> The Secretary shall, when given directions by the Minister to do so—\n> \n> > (a) examine any proposed community welfare or social development programmes specified in those directions,\n> \n> > (b) review, monitor and evaluate any community welfare or social development programmes that are—\n> > \n> > > (i) carried out under the community welfare legislation, or\n> > \n> > > (ii) financed, wholly or partly, out of funds provided by Parliament for the administration of the community welfare legislation,\n> > \n> > for the purpose of determining whether they fulfil their objectives and whether their objectives are of value to the community, and\n> \n> > (c) furnish to the Minister a report of any thing done pursuant to paragraph (a) or (b), being a report that contains submissions with respect to—\n> > \n> > > (i) the priorities that should be accorded to the implementation or improvement of any of the programmes the subject of any such report, and\n> > \n> > > (ii) the resources necessary for the implementation or improvement of any such programmes.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Arrangements to use services","content":"#### 11 Arrangements to use services\n\n11 Arrangements to use services\n\n> > (1) For the purpose of the exercise of any of the Minister’s functions under the community welfare legislation, the Minister may enter into an arrangement (either in consideration of the payment of a fee or without charge to the Minister) to use the services of any person or organisation.\n> \n> > (2) For the purpose of the exercise of any of the Secretary’s functions, or any of an employee’s functions, under the community welfare legislation, the Secretary may, with the approval of the Minister, enter into an arrangement (either in consideration of a fee or without charge to the Secretary) to use the services of any person or organisation.\n> \n> > (3) For the purpose of the promoting of any of the objects of the community welfare legislation, the Minister, or the Secretary with the approval of the Minister, may enter into an arrangement (either in consideration of the payment of a fee or without charge to the Minister or the Secretary) to use the services of any person or organisation.\n> \n> > (4) This section does not extend to authorising the Minister or the Secretary to enter into a contract of employment, other than a contract of employment on a temporary or casual basis.\n> \n> > (5) A contract of employment on a temporary or casual basis may be entered into only on such conditions as the Secretary of the Premier’s Department may approve.\n> \n> **s 11:** Am 2015 No 15, Sch 3.13 \\[2\\] \\[3\\]; 2024 No 35, Sch 3.2.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Community Welfare Fund","content":"#### 12 Community Welfare Fund\n\n12 Community Welfare Fund\n\n> > (1) There shall be established in the Special Deposits Account in the Treasury a fund to be called the “Community Welfare Fund”.\n> \n> > (2) The Community Welfare Fund shall consist of such money as may be provided by Parliament for payment into that fund together with any money paid by any person to the Minister or the Secretary for the purpose of providing community welfare services generally or of a specified kind.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Application of Community Welfare Fund","content":"#### 13 Application of Community Welfare Fund\n\n13 Application of Community Welfare Fund\n\n> > (1) The Community Welfare Fund may be applied by the Secretary, with the written approval of the Minister, for the purpose of—\n> > \n> > > (a) except as provided by paragraph (b)—providing community welfare services generally, or\n> > \n> > > (b) to the extent to which the fund represents money paid for the purpose of providing community welfare services of a kind specified by the person who made the payment—providing community welfare services of that kind.\n> \n> > (2) Any payments from the Community Welfare Fund may be made directly to persons in need of community welfare services or to approved non-Government organisations for the relief of those persons.","sortOrder":18},{"sectionNumber":"13A","sectionType":"section","heading":"Acquisition and disposal of land","content":"#### 13A Acquisition and disposal of land\n\n13A Acquisition and disposal of land\n\n> > (1) The Minister may, for the purposes of the community welfare legislation, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (2) The Minister may, for the purposes of the community welfare legislation, acquire land or other property by gift, devise or bequest.\n> \n> > (3) The Minister may agree to a condition of any such gift, devise or bequest, and the rule of law against remoteness of vesting does not apply to any such condition.\n> \n> > (4) The Minister may expend money—\n> > \n> > > (a) on the improvement of any land acquired under this section, or\n> > \n> > > (b) on the improvement, for the purposes of the community welfare legislation, of any other land,\n> > \n> > even though the improvement or the land may not be used solely for the purposes of the community welfare legislation.\n> \n> > (5) The Minister may—\n> > \n> > > (a) for the purposes of the community welfare legislation, grant a lease or licence of any land acquired under this section, and\n> > \n> > > (b) in the case of land that is no longer required for the purpose for which it was acquired, grant a lease or licence of the land or sell or otherwise dispose of the land.\n> \n> > (6) The Minister may make commercial use of land acquired under this section if that use is associated with a purpose for which land may be so acquired.\n> \n> **s 13A:** Ins 1987 No 267, sec 2. Am 1992 No 57, Sch 2.","sortOrder":19},{"sectionNumber":"13B","sectionType":"section","heading":null,"content":"#### 13B\n\n13B, 13C (Repealed)","sortOrder":20},{"sectionNumber":"Division 2","sectionType":"division","heading":"Committees","content":"## Division 2 Committees\n\nDivision 2 Committees\n\n**pt 2, div 2, hdg:** Am 2010 No 119, Sch 1.6 \\[3\\]; 2014 No 41, Sch 5.3 \\[3\\].","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n14–16 (Repealed)","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Committees","content":"#### 17 Committees\n\n17 Committees\n\n> > (1) The Minister may, by order in writing, establish such regional, local, special or other advisory committees as the Minister thinks fit.\n> \n> > (2) The functions of a committee are to exercise the functions specified in respect of it in the instrument establishing it, or in a subsequent instrument executed by the Minister, and to advise the Minister on such matters as may be referred to it by the Minister.\n> \n> > (3) The Minister shall appoint one of the members of a committee to be the chairperson of the committee.\n> \n> > (4) The chairperson of a committee may be referred to as the chairman or chairwoman, as the case may require.\n> \n> > (5) A member of a committee (other than a public servant) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.\n> \n> > (6) Schedule 2 applies to a committee.","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Assistance to committees","content":"#### 18 Assistance to committees\n\n18 Assistance to committees\n\n> > (1) The Minister may provide assistance (including financial assistance) for the proper functioning of any committee.\n> \n> > (2) Without limiting the Minister’s powers under any other provision of this Act, the Minister may make payments out of money provided by Parliament for the purpose of providing the assistance referred to in subsection (1).\n> \n> **s 18:** Am 2010 No 119, Sch 1.6 \\[5\\]; 2014 No 41, Sch 5.3 \\[5\\].","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Reports","content":"#### 19 Reports\n\n19 Reports\n\n> > (1) Each committee must give the Minister, at the times and in respect of the periods the Minister directs, reports on the activities of the committee.\n> \n> > (2) A report must deal with the matters the Minister directs and the other matters the committee considers appropriate to include in the report.\n> \n> **s 19:** Am 2010 No 119, Sch 1.6 \\[6\\]. Subst 2014 No 41, Sch 5.3 \\[6\\].","sortOrder":27},{"sectionNumber":"Part 3","sectionType":"part","heading":null,"content":"# Part 3\n\nPart 3\n\n20–34 (Repealed)\n\n**pt 3 (ss 20–34):** Rep 1988 No 6, sec 19 (b).","sortOrder":28},{"sectionNumber":"Part 4","sectionType":"part","heading":"General welfare assistance","content":"# Part 4 General welfare assistance\n\nPart 4 General welfare assistance","sortOrder":29},{"sectionNumber":"35","sectionType":"section","heading":"Objects of Part","content":"#### 35 Objects of Part\n\n35 Objects of Part\n\n> The objects of this Part are as follows—\n> \n> > (a) to ensure, to the maximum extent possible, that assistance and supportive services are provided to persons in need or distress,\n> \n> > (b) to ensure that, whenever relevant, assistance and supportive services are aimed at preventing the breakdown of the family as a social unit.\n> \n> **s 35:** Subst 1988 No 8, Sch 1 (2).","sortOrder":30},{"sectionNumber":"36","sectionType":"section","heading":"General assistance","content":"#### 36 General assistance\n\n36 General assistance\n\n> > (1) The Minister may—\n> > \n> > > (a) provide assistance (including financial assistance) for the relief of persons in need or distress,\n> > \n> > > (b) provide home support services (that is, assistance in the carrying out of work of a domestic or home-maintenance nature) to persons unable to carry out that work,\n> > \n> > > (c) provide homemaker services (that is, services to assist families in the management of their homes) with the object of preventing the breakdown of the family as a social unit,\n> > \n> > > (d) provide services designed to meet the needs of children,\n> > \n> > > (e) provide services designed to meet the needs of persons who are disadvantaged as referred to in section 4 (1) (c), and\n> > \n> > > (f) provide assistance (including financial assistance) to approved non-Government organisations whose objects are or include the provision of assistance or services referred to in this subsection.\n> \n> > (2) Without limiting the Minister’s powers under any other provision of this Act, the Minister may make payments out of money provided by Parliament for the purpose of providing assistance referred to in subsection (1) (a) or (f).","sortOrder":31},{"sectionNumber":"Part 5","sectionType":"part","heading":"Disaster welfare assistance","content":"# Part 5 Disaster welfare assistance\n\nPart 5 Disaster welfare assistance\n\n**pt 5, hdg:** Am 1988 No 8, Sch 1 (3).","sortOrder":32},{"sectionNumber":"37","sectionType":"section","heading":"Definitions","content":"#### 37 Definitions\n\n37 Definitions\n\n> > (1) In this Part—\n> > \n> > disaster means an occurrence, whether or not due to natural causes, that causes loss of life, injury, distress or danger to persons or loss of, or damage to, property.\n> > \n> > disaster victim means a person who is in need or distress, or whose property is lost or damaged, as a result of a disaster.\n> > \n> > private disaster relief fund means a fund raised by or resulting from an appeal for support for the purpose of assisting persons who are or may become disaster victims and includes any investments made out of money in such a fund, but does not include the Community Disaster Relief Fund.\n> \n> > (2) A reference in this Part to a particular disaster includes a reference to a particular kind of disaster.\n> \n> > (3) (Repealed)\n> \n> **s 37:** Am 1988 No 8, Sch 1 (4).","sortOrder":33},{"sectionNumber":"37A","sectionType":"section","heading":"Declaration of disasters","content":"#### 37A Declaration of disasters\n\n37A Declaration of disasters\n\n> > (1) The Minister may, by order in writing, declare a disaster to be a disaster to which section 38 applies.\n> \n> > (2) The Minister shall not make such an order unless satisfied that the disaster is of such a nature as to warrant its being treated as a disaster to which section 38 applies.\n> \n> > (3) The Minister shall, as soon as practicable after making such an order, cause a copy of the order to be published in the Gazette.\n> \n> **s 37A:** Ins 1988 No 8, Sch 1 (5).","sortOrder":34},{"sectionNumber":"38","sectionType":"section","heading":"Co-ordination of welfare services for victims of declared disasters","content":"#### 38 Co-ordination of welfare services for victims of declared disasters\n\n38 Co-ordination of welfare services for victims of declared disasters\n\n> > (1) The Secretary may, in accordance with any directions given by the Minister, take such steps as the Secretary thinks fit for the purpose of co-ordinating the provision of community welfare services for disaster victims of a disaster declared under section 37A.\n> \n> > (2) The Secretary shall not exercise any functions under subsection (1) in a manner inconsistent with any of the provisions of the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165).\n> \n> **s 38:** Am 1988 No 8, Sch 1 (6); 1990 No 108, Sch 1.","sortOrder":35},{"sectionNumber":"38A","sectionType":"section","heading":"Financial and other assistance to disaster victims","content":"#### 38A Financial and other assistance to disaster victims\n\n38A Financial and other assistance to disaster victims\n\n> > (1) The Secretary may, in accordance with any directions given by the Minister, provide assistance (including financial assistance out of money to be provided by Parliament) to—\n> > \n> > > (a) disaster victims, and\n> > \n> > > (b) approved non-Government organisations whose objects are or include the provision of assistance to disaster victims.\n> \n> > (2) Nothing in this section limits the operation of Part 4.\n> \n> **s 38A:** Ins 1988 No 8, Sch 1 (7).","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Community Disaster Relief Fund","content":"#### 39 Community Disaster Relief Fund\n\n39 Community Disaster Relief Fund\n\n> > (1) There shall be established by the Secretary a fund to be called the “Community Disaster Relief Fund”.\n> \n> > (2) The Community Disaster Relief Fund shall consist of—\n> > \n> > > (a) any money paid to the Secretary by any person for the relief of disaster victims generally or disaster victims of a particular disaster specified by the person making the payment, and\n> > \n> > > (b) any fund transferred to or vested in the Secretary under section 41.","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Application of Community Disaster Relief Fund","content":"#### 40 Application of Community Disaster Relief Fund\n\n40 Application of Community Disaster Relief Fund\n\n> > (1) The Community Disaster Relief Fund—\n> > \n> > > (a) to the extent to which it represents—\n> > > \n> > > > (i) money paid to the Secretary under section 39 (2) (a) for the relief of disaster victims of a particular disaster, or\n> > > \n> > > > (ii) a private disaster relief fund raised by or resulting from an appeal for support for the purpose of assisting persons who are or may become disaster victims as a result of a particular disaster,\n> > > \n> > > shall, so far as it is practicable in the opinion of the Secretary to do so, be applied for the purpose of assisting disaster victims of that disaster, or\n> > \n> > > (b) except as provided by paragraph (a), shall be applied—\n> > > \n> > > > (i) for the purpose of assisting disaster victims of any disaster,\n> > > \n> > > > (ii) for the purpose of acquiring stores and equipment to be used for the purpose of assisting victims of future disasters, or\n> > > \n> > > > (iii) for the purpose of planning, and training persons, to cope with the effects of disasters.\n> \n> > (2) Any payments from the Community Disaster Relief Fund may be made directly for any purpose referred to in subsection (1) or to approved non-Government organisations for any such purpose.","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"Transfer of private disaster relief funds to Community Disaster Relief Fund","content":"#### 41 Transfer of private disaster relief funds to Community Disaster Relief Fund\n\n41 Transfer of private disaster relief funds to Community Disaster Relief Fund\n\n> > (1) Any person in whom a private disaster relief fund is vested may transfer that fund to the Secretary to form part of the Community Disaster Relief Fund.\n> \n> > (2) Where the Governor is satisfied that—\n> > \n> > > (a) a fund is a private disaster relief fund established in respect of a particular disaster,\n> > \n> > > (b) no payment has been made from the fund for a period of one year or more to a disaster victim of that disaster, and\n> > \n> > > (c) the fund is not likely to be applied for making payments to disaster victims of that disaster,\n> > \n> > the Governor may, by order published in the Gazette, vest the fund in the Secretary to form part of the Community Disaster Relief Fund.\n> \n> > (3) A fund may be transferred to the Secretary under subsection (1) notwithstanding any trust on which it is held.\n> \n> > (4) A fund transferred to the Secretary under subsection (1), or vested in the Secretary under subsection (2), shall be held by the Secretary freed and discharged from any trust to which it was subject immediately before the transfer or vesting.","sortOrder":39},{"sectionNumber":"42","sectionType":"section","heading":"Investment of Community Disaster Relief Fund","content":"#### 42 Investment of Community Disaster Relief Fund\n\n42 Investment of Community Disaster Relief Fund\n\n> > (1) Money in the Community Disaster Relief Fund may be invested in any investment authorised for the time being by the [Trustee Act 1925](/view/html/inforce/current/act-1925-014).\n> \n> > (2) The Secretary may make arrangements with the NSW Trustee and Guardian for the management of the Community Disaster Relief Fund.\n> \n> **s 42:** Am 1996 No 30, Sch 2; 1997 No 102, Sch 2.1; 2009 No 49, Sch 2.12 \\[1\\].","sortOrder":40},{"sectionNumber":"Part 6","sectionType":"part","heading":null,"content":"# Part 6\n\nPart 6\n\n43–74B (Repealed)\n\n**pt 6:** Subst 1987 No 258, Sch 1 (4). Rep 1993 No 2, Sch 2.\n\n**s 43:** Subst 1987 No 258, Sch 1 (4). Am 1993 No 3, Sch 2. Rep 1993 No 2, Sch 2.\n\n**ss 44–46:** Subst 1987 No 258, Sch 1 (4). Rep 1993 No 2, Sch 2.\n\n**ss 47–53:** Ins 1987 No 258, Sch 1 (4). Rep 1993 No 2, Sch 2.\n\n**s 53A:** Ins 1989 No 162, Sch 2. Rep 1993 No 2, Sch 2.\n\n**s 54:** Ins 1987 No 258, Sch 1 (4). Rep 1993 No 2, Sch 2.\n\n**s 55:** Ins 1987 No 258, Sch 1 (4). Rep 1993 No 2, Sch 2.\n\n**s 56:** Ins 1987 No 258, Sch 1 (4). Am 1990 No 108, Sch 1. Rep 1993 No 2, Sch 2.\n\n**ss 57–62:** Ins 1987 No 258, Sch 1 (4). Rep 1993 No 2, Sch 2.\n\n**s 63:** Ins 1987 No 258, Sch 1 (4). Am 1993 No 3, Sch 2. Rep 1993 No 2, Sch 2.\n\n**ss 64–74:** Ins 1987 No 258, Sch 1 (4). Rep 1993 No 2, Sch 2.\n\n**s 74A:** Ins 1990 No 108, Sch 1. Rep 1993 No 2, Sch 2.\n\n**s 74B:** Ins 1990 No 108, Sch 1. Rep 1993 No 2, Sch 2.","sortOrder":41},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous\n\n**pt 7:** Ins 1987 No 258, Sch 1 (4).","sortOrder":42},{"sectionNumber":"75","sectionType":"section","heading":"Limitation of personal liability","content":"#### 75 Limitation of personal liability\n\n75 Limitation of personal liability\n\n> No matter or thing done by the Minister, the Secretary, an employee or any other person shall, if the matter or thing was done in good faith and with reasonable care for the purposes of executing the community welfare legislation, subject the Minister, the Secretary, the employee or that other person personally to any action, liability, claim or demand.\n> \n> **s 75:** Ins 1987 No 258, Sch 1 (4). Am 2015 No 15, Sch 3.13 \\[4\\].","sortOrder":43},{"sectionNumber":"76","sectionType":"section","heading":"Disclosure of information","content":"#### 76 Disclosure of information\n\n76 Disclosure of information\n\n> A person shall not disclose any information obtained in connection with the administration or execution of this Act unless the disclosure is made—\n> \n> > (a) with the consent of the person from whom the information was obtained,\n> \n> > (b) in connection with the administration or execution of this Act,\n> \n> > (c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings,\n> \n> > (d) in accordance with a requirement imposed under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), or\n> \n> > (e) with other lawful excuse.\n> \n> Penalty: 10 penalty units or imprisonment for 12 months, or both.\n> \n> **s 76:** Ins 1987 No 258, Sch 1 (4).","sortOrder":44},{"sectionNumber":"76A","sectionType":"section","heading":"Obstruction etc of officers","content":"#### 76A Obstruction etc of officers\n\n76A Obstruction etc of officers\n\n> A person who wilfully hinders, obstructs, delays, assaults or threatens with violence another person in the exercise of that other person’s functions under this Act is guilty of an offence.\n> \n> Maximum penalty—10 penalty units or imprisonment for 12 months, or both.\n> \n> **s 76A:** Ins 1989 No 162, Sch 1 (2).","sortOrder":45},{"sectionNumber":"76B","sectionType":"section","heading":"Person falsely representing as an employee","content":"#### 76B Person falsely representing as an employee\n\n76B Person falsely representing as an employee\n\n> A person, not being an employee, who—\n> \n> > (a) assumes or uses the designation of employee or falsely represents himself or herself to be officially associated in any capacity with the Department, or\n> \n> > (b) uses, for any fraudulent purpose, any designation which that person previously held in the Department,\n> \n> is guilty of an offence.\n> \n> Maximum penalty—10 penalty units or imprisonment for 12 months, or both.\n> \n> **s 76B:** Ins 1989 No 162, Sch 1 (2). Am 2015 No 15, Sch 3.13 \\[4\\].","sortOrder":46},{"sectionNumber":"76C","sectionType":"section","heading":"False or misleading statements","content":"#### 76C False or misleading statements\n\n76C False or misleading statements\n\n> A person must not, in any application under this Act or in connection with an inquiry made by an employee in relation to any such application—\n> \n> > (a) make a statement, or\n> \n> > (b) furnish information,\n> \n> that the person knows to be false or misleading in a material particular.\n> \n> Maximum penalty—5 penalty units.\n> \n> **s 76C:** Ins 1989 No 162, Sch 1 (2). Am 2015 No 15, Sch 3.13 \\[4\\].","sortOrder":47},{"sectionNumber":"77","sectionType":"section","heading":"Proceedings for offences","content":"#### 77 Proceedings for offences\n\n77 Proceedings for offences\n\n> Proceedings for an offence against this Act shall be dealt with summarily before the Local Court.\n> \n> **s 77:** Ins 1987 No 258, Sch 1 (4). Am 2001 No 121, Sch 2.54; 2007 No 94, Sch 2.","sortOrder":48},{"sectionNumber":"78","sectionType":"section","heading":"Regulations","content":"#### 78 Regulations\n\n78 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—\n> > \n> > > (a) any committee and its members and functions,\n> > \n> > > (a1) (Repealed)\n> > \n> > > (b) the Community Welfare Fund, and\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) the Community Disaster Relief Fund.\n> > \n> > > (e) (Repealed)\n> \n> > (2) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.\n> \n> **s 78:** Ins 1987 No 258, Sch 1 (4). Am 1988 No 6, sec 19 (c); 1989 No 54, sec 3 (c); 1989 No 162, Sch 1 (3); 1992 No 105, Sch 1 (4); 1993 No 2, Sch 2; 2010 No 119, Sch 1.6 \\[7\\]; 2014 No 41, Sch 5.3 \\[7\\].","sortOrder":49},{"sectionNumber":"79","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 79 Savings, transitional and other provisions\n\n79 Savings, transitional and other provisions\n\n> Schedule 4 has effect.\n> \n> **s 79:** Ins 1992 No 105, Sch 1 (5).","sortOrder":50},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1, hdg:** Am 2010 No 119, Sch 1.6 \\[8\\]. Rep 2014 No 41, Sch 5.3 \\[8\\].\n\n**sch 1:** Am 1989 No 226, Sch 1; 2000 No 53, Sch 2.1 \\[4\\] \\[5\\]; 2009 No 49, Sch 2.12 \\[2\\]; 2010 No 119, Sch 1.6 \\[9\\] \\[10\\]. Rep 2014 No 41, Sch 5.3 \\[8\\].","sortOrder":51},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Procedure of committees","content":"# Schedule 2 Procedure of committees\n\nSchedule 2 Procedure of committees\n\n(Section 17)\n\n**sch 2, hdg:** Am 2010 No 119, Sch 1.6 \\[8\\]; 2014 No 41, Sch 5.3 \\[9\\].\n\n**sch 2:** Am 2000 No 53, Sch 2.1 \\[6\\]; 2010 No 119, Sch 1.6 \\[9\\] \\[11\\]–\\[13\\]; 2014 No 41, Sch 5.3 \\[10\\]–\\[19\\]; 2015 No 15, Sch 3.13 \\[4\\].","sortOrder":52},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3 (Repealed)\n\n**sch 3:** Ins 1987 No 258, Sch 1 (5). Am 1989 No 226, Sch 1. Rep 1993 No 2, Sch 2.","sortOrder":66},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 4 Savings, transitional and other provisions\n\nSchedule 4 Savings, transitional and other provisions\n\n(Section 79)\n\n**sch 4:** Ins 1992 No 105, Sch 1 (6).","sortOrder":67}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The addition of 'Minister for Homelessness' and 'Minister for Emergency Services' as responsible ministers alongside 'Minister for Families and Communities' suggests the Act's administrative scope has broadened beyond its original community welfare focus to encompass homelessness and emergency services — areas that may not have been central to the original 1987 intent."},"complexity_factors":["The document provided is primarily metadata and status information rather than the full substantive text of the Act, making it impossible to assess the true legal complexity of the legislation itself","Multiple amendments over nearly 40 years suggest accumulated layers of change that could complicate interpretation","Responsibility spread across three separate ministers (Families and Communities, Homelessness, Emergency Services) implies potentially overlapping jurisdictional areas within the Act","The Act's longevity (1987 to present) means it predates modern legislative drafting conventions, which can introduce interpretive complexity","Without access to the full text, the actual provisions, definitions, enforcement mechanisms, and regulations cannot be assessed for complexity"],"plain_english_summary":"## Community Welfare Act 1987 (NSW)\n\n**What is this law?**\nThe Community Welfare Act 1987 is a New South Wales law that has been in place for nearly four decades. Based on the metadata available, it sits under the responsibility of three ministers: the **Minister for Families and Communities**, the **Minister for Homelessness**, and the **Minister for Emergency Services** — which tells us it covers a broad range of community support and welfare services.\n\n**Who does it affect?**\n- People in NSW who receive, or seek, community welfare services\n- Organisations and individuals delivering welfare and community services\n- Government agencies responsible for administering social support programs\n- People experiencing homelessness or emergency situations\n\n**What does it do (in plain terms)?**\nThis Act establishes the legal framework for delivering community welfare services in NSW. It sets out how the government (specifically a senior public servant called the **Secretary** of the relevant department) can administer, oversee, and regulate welfare programs and services for vulnerable people in the community.\n\n**Key things to know:**\n- The Act has been **amended multiple times** since 1987, with the most recent update taking effect **1 July 2024**\n- A notable change replaced the old title \"Director-General\" with \"Secretary\" throughout the Act — this is an administrative update reflecting changes in how government departments are structured\n- It remains **currently in force** as of April 2026\n\n**Why does it matter to you?**\nIf you or someone you know accesses welfare services, housing support, or emergency assistance in NSW, this is part of the legal backbone that governs how those services are delivered and who is responsible for them."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The text, as presented, shows that the Act’s scope has been narrowed and refocused over time by repeal and amendment. Several Parts and sections are explicitly repealed (for example, ss 20–34 repealed; Part 6 ss 43–74B repealed; ss 14–16 repealed; Schedule 1 and Schedule 3 repealed), and newer provisions concerning community and disaster funds and delegated administrative arrangements remain (see ss 12–13, ss 39–42, s 5). The Act currently concentrates on enabling Ministerial and Secretary discretion over funding, program support and disaster welfare coordination (s 6, s 7, s 38–38A), while transitional provisions transfer prior corporate structures and staff into the Department (Schedule 4, cl 3–12). These repeals and insertions have changed the operational perimeter of the law from its original broader structure toward a framework focused on funding, coordination and delegated administration (see repeal notes and the active provisions cited)."},"complexity_factors":["Multiple distinct functional domains in one Act: general welfare, disaster relief, funds, committees and land acquisition (see s 36, ss 37–42, s 12–13A, s 17).","Extensive delegation and discretion to Minister and Secretary (s 5, s 6, s 7, s 11) which increases legal application complexity.","Two dedicated public funds with donor‑direction rules, traceability and vesting mechanics (s 12–13, s 39–42, s 41(3)–(4)).","Interaction and required consistency with other statutes (State Emergency and Rescue Management Act: s 38(2); Trustee Act investment rules: s 42(1); Land Acquisition Act for compulsory acquisition: s 13A(1)).","Transitional and repealed material scattered through the text (multiple repealed Parts and schedules), creating interpretive complexity about current operatives (see notes on repealed Parts 3 and 6, ss 14–16 repealed).","Regulations and committee procedures that delegate procedural detail outside the Act (s 78; Schedule 2), requiring reference to subordinate legislation for full effect.","Criminal and civil sanctions affecting confidentiality, false statements and obstruction with varied penalty regimes (ss 76–76C, 76A–76B, s 77).","Cross‑referencing within the Act between Ministerial directions, Secretary actions and committee advice (s 6, s 10, s 7(4)), increasing administrative interdependence."],"plain_english_summary":"What this Act does (mechanics)\n\n- Establishes a legal framework for the Department of Family and Community Services and gives the Minister powers to promote, fund and coordinate community welfare and social development (s 3, s 4, s 6).\n- Authorises the Minister and Secretary to create and use two dedicated funds: the Community Welfare Fund (s 12–13) and the Community Disaster Relief Fund (s 39–42). The funds may hold Parliamentary appropriations and money donated by private persons (s 12(2), s 39(2)).\n- Allows the Minister or Secretary to provide financial and other assistance for community welfare programmes and to establish assistance funds for particular programmes (s 6(1)(e), s 7). Payments from assistance funds and the Community Welfare Fund require Ministerial approval or Secretary action with Ministerial approval in some cases (s 7(3), s 13(1)–(2)).\n- Gives the Minister a general contracting power to use services of persons or organisations (including paid arrangements), and limits the use of those powers in relation to employment (s 11(1)–(5)).\n- Provides a mechanism for declaring premises to be official facilities under the community welfare legislation (s 3A) and for acquiring, improving, leasing, using commercially and disposing of land for community welfare purposes (s 13A).\n- Sets out specific disaster powers: the Minister may declare a disaster to be a declared disaster (s 37A); the Secretary may coordinate welfare services for declared disasters subject to the State Emergency and Rescue Management Act (s 38); the Secretary may provide financial and other assistance to disaster victims and approved NGOs (s 38A); private disaster relief funds may be transferred to the Community Disaster Relief Fund and, in some circumstances, vested in the Secretary (s 41).\n- Provides for committees to advise the Minister, and for their establishment, functions, assistance and reporting (s 17–19; Schedule 2). Schedule 2 sets quorum, meeting and procedural rules for committees.\n- Sets criminal and civil limits and safeguards for administration: confidentiality rules with penalties (s 76), offences for obstructing officers or falsely representing as employees (ss 76A–76B), and prohibition on false or misleading statements in applications (s 76C). Proceedings for offences are to be dealt with in the Local Court (s 77). The Act allows the Governor to make regulations and create minor offences (s 78).\n- Limits personal liability for good-faith acts in executing the legislation (s 75).\n- Contains transitional provisions dealing with transfer of an abolished Corporation and staff into the Department (Schedule 4, cl 3–12). Many earlier provisions and whole Parts are now repealed (various notes in the text).\n\nWhat the Act says it aims to do (official purpose claims)\n\n- The Act’s stated objects are to promote and protect the well‑being of people of New South Wales, support family welfare, ensure provision of services to disadvantaged groups, support Aboriginal welfare with respect for culture and decision-making, encourage community involvement and cooperation among organisations, and co‑ordinate allocation of funds for community welfare services (s 4(1); Part 4 objects s 35).\n\nTesting those claims against costs, incentives and trade‑offs (source‑based analysis)\n\n- Who pays: public money from Parliament can be paid into the Community Welfare Fund and assistance funds (s 12(1)–(2), s 7(2)(a)); private persons may donate to both the general Community Welfare Fund and the Community Disaster Relief Fund (s 12(2), s 39(2)(a)). Expenditure from those funds is controlled by the Secretary with written approval of the Minister (Community Welfare Fund: s 13(1); assistance funds: s 7(3); Community Disaster Relief Fund payments: s 40(2)). Thus taxpayers and private donors fund activities; the Minister and Secretary decide how funds are applied.\n\n- Donor direction and fungibility: money paid by a person for a specified kind of service must, where traceable, be applied to that specified kind of service to the extent the Fund represents that money (s 13(1)(b)). For disaster funds, the Secretary must, where practicable, apply funds to the particular disaster for which they were given (s 40(1)(a)). However, the Act also allows private disaster funds to be vested in the Secretary and then held freed from any trust previously governing them (s 41(2)–(4)); that mechanism changes the legal constraints on how donated money may be used after vesting.\n\n- Ministerial and bureaucratic discretion: the Minister has broad discretion to (a) fund, approve and set conditions for assistance programmes (s 6(1)(e)–(f), s 7(3)), (b) establish committees and advisory structures (s 17), (c) declare facilities (s 3A), and (d) make regulations (s 78). The Secretary may act under Ministerial directions to co‑ordinate disaster responses and make payments (ss 38, 38A). These provisions concentrate decision authority in Ministerial and Secretary hands and require Ministerial approval for many funding actions (s 7(3), s 13(1)).\n\n- Compliance and reporting burdens: committees must report in the times and periods directed by the Minister (s 19). Applicants and persons dealing with the Department face confidentiality duties (s 76) and criminal penalties for false or misleading statements (s 76C). Persons interacting with officers must not obstruct or falsely claim to be employees (ss 76A–76B). These provisions create enforceable duties and potential penalties for non‑compliance.\n\n- Effects on private enterprise and independent providers: the Act permits the Minister and Secretary to contract or use services of persons or organisations (s 11). Approved non‑Government organisations are eligible to receive payments (s 36(1)(f), s 38A(1)(b), s 13(2)). The Act limits direct employment authority (s 11(4)–(5)) but allows use of contracted services and grants. Consequently the Act affects market opportunities for NGOs and private providers that supply welfare services by creating a funding and approval pathway, while leaving commercial pricing and competition largely to normal market arrangements (the Act does not set price controls).\n\n- Concentrated benefits and diffuse costs: benefits from approved funding typically go to specific organisations or recipients (s 7(3), s 13(2)). Costs are borne by Parliament and donors (s 12(1)–(2), s 39(2)). The text therefore sets up a structure where specific organisations can receive directed financial support while the fiscal cost is spread across the public budget and donor funds.\n\n- Transactional and implementation risks: centralising control over donated and parliamentary funds (s 13, s 41) and giving wide discretion to the Minister and Secretary may create operational risk in deciding and implementing allocations. Disaster coordination is to be exercised consistently with the State Emergency and Rescue Management Act (s 38(2)), so operational alignment with that statute is required.\n\n- Opportunity costs: money authorised for welfare funds and disaster relief (s 12, s 39) represents fiscal resources that Parliament might otherwise allocate elsewhere. The Act does not specify absolute spending levels; it provides the legal vehicle for allocation decisions.\n\nNet behavioural effects the Act produces (source‑grounded)\n\n- The Minister and Secretary decide which programmes get support and under what conditions; this creates incentives for organisations to seek approval and funding (s 6(1)(d)–(e), s 7(3), s 13(1)).\n- Donors can direct their donations, and the Secretary is required, where practicable, to respect directions for disaster‑specific funds (s 13(1)(b), s 40(1)(a)). But funds vested under s 41 may be released from earlier trusts, altering donors’ continuing control (s 41(4)).\n- Approved non‑Government organisations and contractors gain opportunities to deliver services paid from public or donated funds (s 36(1)(f), s 11), while direct permanent employment by the Department is limited by the Act (s 11(4)–(5)).\n\nKey sections to consult in the text: s 3 (definitions), s 4 (objects), s 5 (delegation), s 6 (Minister powers), s 7 (assistance funds), s 11 (arrangements to use services), s 12–13 (Community Welfare Fund), s 13A (land powers), s 17–19 and Schedule 2 (committees), s 35–36 (Part 4 objects and assistance), s 37–42 (disaster definitions, declaration, assistance and fund mechanics), ss 75–79 (liability limit, confidentiality, offences, regulations), Schedule 4 (transitional provisions)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has significantly contracted from its original scope. Entire Parts have been repealed: Part 3 (sections 20-34) and Part 6 (sections 43-74B) were completely removed. Part 6 was originally substituted in 1987 and then repealed entirely in 1993, suggesting a major structural element (likely concerning employment or institutional arrangements) was removed. Additionally, Schedule 1 and Schedule 3 were repealed. The current Act is essentially a shell of its former self, now focused primarily on funding mechanisms, disaster relief coordination, and general welfare assistance, having shed substantial operational or regulatory components."},"complexity_factors":["Extensive repealed sections (entire Part 3 and Part 6 removed, plus numerous individual sections), creating a fragmented structure with historical baggage","Multiple amendment references throughout (e.g., section 3 has 11 separate amendment citations), indicating layered legislative history","Cross-references to other Acts including Disability Inclusion Act 2014, State Emergency and Rescue Management Act 1989, Land Acquisition (Just Terms Compensation) Act 1991, and various repealed industrial relations statutes","Conditional commencement provisions (sections 14-16 and Part 6 required proclamation)","Nested definitions in section 3 with circular references (e.g., 'community welfare legislation' includes 'this Act' and instruments under it)","Schedule 4 contains detailed transitional provisions for the 1992 amendment dissolving the Community Welfare Employment Corporation, including complex employment transfer mechanisms"],"plain_english_summary":"**What this law does:**\n\nThis is the **Community Welfare Act 1987** (NSW), a framework law that sets up how the New South Wales government delivers social services and disaster relief. Think of it as the rulebook for how the state helps people in need.\n\n**Key things it covers:**\n\n* **Who runs the show:** The Minister for Family and Community Services (and their Department) has broad powers to fund, coordinate, and deliver welfare services. The Secretary of the Department handles day-to-day operations.\n\n* **What services:** The Act covers everything from financial assistance for people in distress, home help for those who can't manage domestic tasks, support for families at risk of breaking down, and services for children, people with disabilities, and Aboriginal communities.\n\n* **The money side:** It establishes two special bank accounts:\n  * **Community Welfare Fund** – general funding for welfare services\n  * **Community Disaster Relief Fund** – specifically for helping people affected by disasters (floods, fires, etc.)\n\n* **Disaster relief:** The Minister can officially declare a disaster, triggering coordinated welfare support for victims. Private disaster appeal funds can also be transferred into the government’s disaster fund.\n\n* **Working with others:** The Minister can fund and work with \"approved non-Government organisations\" (charities and community groups) to deliver services, rather than doing everything directly.\n\n* **Advisory committees:** The Minister can set up committees to advise on regional or specialist welfare issues.\n\n* **Protections:** It includes safeguards – good faith protection for officials, privacy rules for personal information, and offences for obstructing officers or making false claims.\n\n**Who it affects:**\n\n* **Directly:** People in need of welfare assistance, disaster victims, families in crisis, people with disabilities, and Aboriginal communities seeking culturally appropriate services.\n* **Indirectly:** Community organisations that receive government funding, local councils, and anyone involved in disaster response.\n\n**Why it matters:**\n\nThis Act is the legal backbone of NSW's social safety net. It ensures there's a coordinated, funded system for helping vulnerable people – whether that's a family struggling to stay together, someone with a disability needing support, or a community hit by bushfire. It also enshrines specific recognition of Aboriginal self-determination and cultural rights in welfare service delivery."}},"importantCases":[],"_links":{"self":"/api/acts/community-welfare-act-1987","history":"/api/acts/community-welfare-act-1987/history","analysis":"/api/acts/community-welfare-act-1987/analysis","conflicts":"/api/acts/community-welfare-act-1987/conflicts","importantCases":"/api/acts/community-welfare-act-1987/important-cases","documents":"/api/acts/community-welfare-act-1987/documents"}}