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Children and Young Persons (Care and
Protection) Amendment (Child Abuse
or Neglect) Bill 2003

No      , 2003


A Bill for

An Act to amend the Children and Young Persons (Care and Protection) Act
1998 to increase the maximum penalty for certain offences relating to the abuse
or neglect of children (including by enabling the court to impose prison terms),
and to amend the Criminal Procedure Act 1986 to allow those offences to be
dealt with either summarily or on indictment.


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Clause 1     Abuse or Neglect) Bill 2003




                                                                                  1
The Legislature of New South Wales enacts:
                                                                                  2
 1    Name of Act
                                                                                  3
           This Act is the Children and Young Persons (Care and Protection)
                                                                                  4
           Amendment (Child Abuse or Neglect) Act 2003.
                                                                                  5
 2    Commencement
                                                                                  6
           This Act commences on the date of assent.
                                                                                  7
 3    Amendment of Children and Young Persons (Care and Protection)
                                                                                  8
      Act 1998 No 157
                                                                                  9
           The Children and Young Persons (Care and Protection) Act 1998 is
                                                                                 10
           amended as set out in Schedule 1.
                                                                                 11
 4    Amendment of Criminal Procedure Act 1986 No 209
                                                                                 12
           The Criminal Procedure Act 1986 is amended as set out in
                                                                                 13
           Schedule 2.




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               Abuse or Neglect) Bill 2003

Schedule 1     Amendment of Children and Young Persons (Care and Protection) Act 1998
               No 157



Schedule 1 Amendment of Children and Young                                                1

           Persons (Care and Protection) Act 1998                                         2

           No 157                                                                         3
                                                                                          4
                                                                           (Section 3)
                                                                                          5
[1]   Sections 227, 228 and 231
                                                                                          6
      Omit "200 penalty units" wherever occurring.
                                                                                          7
      Insert instead "400 penalty units or imprisonment for 5 years, or both".
                                                                                          8
[2]   Section 259 Proceedings for offences
                                                                                          9
      Omit "or 175 (1) (Special medical treatment)" from section 259 (2).
                                                                                         10
      Insert instead ", 175 (1) (Special medical treatment), 227 (Child and
                                                                                         11
      young person abuse), 228 (Neglect of children and young persons) or 231
                                                                                         12
      (Leaving children and young persons unsupervised in motor vehicles)".




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               Abuse or Neglect) Bill 2003

Schedule 2     Amendment of Criminal Procedure Act 1986 No 209




Schedule 2 Amendment of Criminal Procedure Act                                          1

           1986 No 209                                                                  2
                                                                                        3
                                                                         (Section 4)
                                                                                        4
[1]   Section 268 Maximum penalties for Table 2 offences
                                                                                        5
      Insert after section 268 (2) (k):
                                                                                        6
                    (l) for an offence under section 227, 228 or 231 of the
                                                                                        7
                          Children and Young Persons (Care and Protection) Act
                                                                                        8
                          1998--imprisonment for 2 years, or a fine of 200
                                                                                        9
                          penalty units, or both.
                                                                                       10
[2]   Schedule 1 Indictable offences triable summarily
                                                                                       11
      Insert at the end of Table 2 with appropriate numbering:

      Part           Offences under certain other Acts                                 12

                                                                                       13
             Children and Young Persons (Care and Protection) Act 1998
                                                                                       14
                  An offence under section 227, 228 or 231 of the Children and
                                                                                       15
                  Young Persons (Care and Protection) Act 1998.




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