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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-12-01 Daily Xml
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Bills

Social Workers Registration Bill

Final Stages

The House of Assembly agreed to the bill with the amendment indicated by the following schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council:

No. 1. New clauses, page 8, after line 6—Insert:

10A—Delegation

(1) The Board may delegate a function or power under this Act (other than a prescribed function or power)—

(a) to a member of the Board; or

(b) to a committee established by the Board; or

(c) to a specified body or person (including a person for the time being holding or acting in a specified office or position).

(2) A delegation under this section—

(a) must be by instrument in writing; and

(b) may be absolute or conditional; and

(c) does not derogate from the ability of the Board to act in any matter; and

(d) is revocable at will.

(3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

10B—Committees

(1) The Board may establish committees—

(a) to advise the Board; or

(b) to carry out functions on behalf of the Board.

(2) The membership of a committee will be determined by the Board and include at least 1 member of the Board.

(3) The Board will determine who will be the presiding member of a committee.

(4) The procedures to be observed in relation to the conduct of the business of a committee will be—

(a) as determined by the Board; and

(b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee.

Consideration in committee.

The Hon. T.A. FRANKS: I move:

That the House of Assembly's amendment be agreed to.

I note that the amendment made was one moved by the Minister for Child Protection and is accepted by all parties, and in fact the bill was supported by all parties and Independents.

The Hon. R.I. LUCAS: I am just wondering what the amendment is. Is it circulated?

The Hon. T.A. FRANKS: I will explain that it was a government amendment moved by the Minister for Child Protection in the other place that sought to change the provisions around the setting up of committees under the board of social workers. The minister in the other place did not actually explain what it was for, although the mover of the piece of legislation, the member for Hurtle Vale, did. That might be because they might need to set up subcommittees and wanted to ensure that those involved who were registered social workers remained members of the subcommittees as well as the board.

I note that I actually said in the whipping instructions to all members this morning that we would be seeking to move that this be taken into consideration forthwith and gave notice to all members, even though it seems to be a surprise to the government.

The Hon. J.M.A. LENSINK: I can make some remarks on this, if it benefits the committee. This amendment was reintroduced in the House of Assembly to allow the board to delegate certain functions and establish committees. The goal is to support the board in being able to undertake its work and have access to the supports it needs to do so in a timely manner.

This is a central component of the National Registration and Accreditation Scheme, with all professional boards established under this scheme afforded this power under section 37 of the Health Practitioner Regulation National Law. All of the 15 national boards utilise these provisions for a range of purposes, including responding to matters requiring immediate or urgent action.

It is paramount to the ability of the board to carry out its functions efficiently, and similar provisions are found in state legislation relating to professional regulations, including section 16 of the Teachers Registration and Standards Act 2004.

Motion carried.

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