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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 299 Definitions

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 299

Definitions

(1)     In this Chapter—

"child care and protection order" , in relation to a child or young person, means an order (other than an interim order) under a child welfare law in relation to the child or young person that relates to an aspect of parental responsibility (however that responsibility is described) if the order is in favour of—

        (a)     a government department or statutory authority; or

        (b)     a person who is the chief executive of a government department or statutory authority or otherwise holds an office or position in, or is employed in, a government department or statutory authority; or

        (c)     an organisation or the chief executive (however described) of an organisation.

"child care and protection proceeding" means a proceeding brought in a court under a child welfare law for the making of a care and protection order or an interim order or for the variation or revocation or the extension of the period of such an order.

"Childrens Court", in relation to a State, means the court with jurisdiction to hear and decide a child care and protection proceeding at first instance.

child welfare law means—

        (a)     Chapter 7 (Children and young people in need of care and protection), Part 3 (Care and protection orders and emergency action); or

        (b)     a law that, under a notice under subsection (2) that has not been revoked, is declared to be a child welfare law for this Chapter; or

        (c)     a law of a State that corresponds to Chapter 7, Part 3.

"interim order "means an order under section 313.

"interstate law" means—

        (a)     a law that, under a notice under subsection (3) that has not been revoked, is declared to be an interstate law for Chapter 8 (Transfer of child care and protection orders and proceedings); and

        (b)     a law of a State that corresponds to this Chapter.

"interstate officer", in relation to a State, means—

        (a)     the holder of an office or position that, under a notice under subsection (4) that has not been revoked, is declared to be an office or position the holder of which is the interstate officer in relation to the State for this Chapter; or

        (b)     the person holding the office or position to which there is given under the child welfare law of the State, principal responsibility for the protection of children and young people in the State.

"participating State "means a State in which an interstate law is in force.

"sending State" means the State from which a child care and protection order or proceeding is transferred under this Chapter or an interstate law.

"State "includes New Zealand.

(2)     The Minister may, by notice published in the Gazette , declare a law of a State to be a child welfare law for this Chapter if satisfied that the law substantially corresponds to Chapter 7 (Children and young people in need of care and protection), Part 3 (Care and protection orders and emergency action).

(3)     The Minister may, by notice published in the Gazette , declare a law of a State to be an interstate law for this Chapter if satisfied that the law substantially corresponds to this Chapter.

(4)     The Minister may, by notice published in the Gazette , declare an office or position in a State to be an office or position the holder of which is the interstate officer in relation to the State for this Chapter.

Division 1—Administrative transfers