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New South Wales
Children and Young Persons (Care and
Protection) Amendment Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Children and Young Persons (Care and
Protection) Act 1998 No 157 2
4 Amendment of Children's Court Act 1987 No 53 2
Schedule 1 Amendment of Children and Young Persons (Care and
Protection) Act 1998 3
Schedule 2 Amendment of Children's Court Act 1987 19
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Children and Young Persons (Care and
Protection) Amendment Bill 2005
Act No , 2005
An Act to amend the Children and Young Persons (Care and Protection) Act 1998
with respect to the powers of the Children's Court to compel attendance and other
powers of the Children's Court, Children's Magistrates and certain registrars; powers
of arrest; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Children and Young Persons (Care and Protection) Amendment Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Children and Young Persons (Care and Protection)
Amendment Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Children and Young Persons (Care and Protection) Act
1998 No 157
The Children and Young Persons (Care and Protection) Act 1998 is
amended as set out in Schedule 1.
4 Amendment of Children's Court Act 1987 No 53
The Children's Court Act 1987 is amended as set out in Schedule 2.
Page 2
Children and Young Persons (Care and Protection) Amendment Bill 2005
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 1
Schedule 1 Amendment of Children and Young
Persons (Care and Protection) Act 1998
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3:
Registrar means the following:
(a) a Children's Registrar within the meaning of the
Children's Court Act 1987,
(b) a Registrar of the Children's Court referred to in section 11
of that Act,
(c) any authorised justice within the meaning of the Bail Act
1978.
rules means rules made under the Children's Court Act 1987.
[2] Section 48 Removal of child or young person pursuant to order of
Children's Court
Omit "the premises or place specified" from section 48 (a).
Insert instead "any one or more premises or places specified or described".
[3] Section 48 (b)
Omit "the premises or place" where firstly occurring.
Insert instead "any premises or place so specified or described".
[4] Chapter 6, Part 1, heading
Insert after the heading to Chapter 6:
Part 1 General
[5] Section 96 Attendance of child or young person, parents and others
Omit section 96 (1). Insert instead:
(1) In proceedings before it with respect to a child or young person,
the Children's Court may, on its own initiative or at the request
of any party to the proceedings, require the attendance at the
court house where the proceedings are conducted:
(a) of the child or young person and of any parent of the child
or young person, or
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Children and Young Persons (Care and Protection) Amendment Bill 2005
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
(b) of any other person who has, or has had, care responsibility
for the child or young person, or
(c) if the whereabouts of the child or young person is unknown
to the Children's Court--of any other person the
Children's Court has reasonable cause to believe knows, or
has information concerning, the whereabouts of the child
or young person.
[6] Section 96 (3)
Insert "(except as provided by subsection (4))" after "required".
[7] Section 96 (4)(6)
Insert after section 96 (3):
(4) Despite subsection (3), the Children's Court may require a parent
of the child or young person who is the subject of the proceedings
who is himself or herself a child or young person to give evidence
in the Children's Court.
(5) A person referred to in subsection (1) (c) may be required to give
to the Children's Court such information that the person has
about where the child or young person is or may be located.
(6) If the Children's Court decides to require any person to attend a
court house under subsection (1) it may issue to the person a
notice in accordance with Part 2 requiring the person to attend as
directed in the notice (a care proceedings attendance notice).
Note. Section 109B enables the Children's Court to issue a warrant for
the arrest of a person who fails to attend as directed by a care
proceedings attendance notice.
[8] Chapter 6, Part 2, Divisions 17
Omit section 109. Insert instead:
Part 2 Attendance of witnesses and others and
production of documents
Division 1 Preliminary
109 Definitions
In this Part:
arrest warrant means a warrant to arrest a person issued in
accordance with this Part.
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Children and Young Persons (Care and Protection) Amendment Bill 2005
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 1
care proceedings attendance notice means a care proceedings
attendance notice issued under section 96.
correctional centre has the same meaning as it has in the Crimes
(Administration of Sentences) Act 1999.
detention centre has the same meaning as it has in the Children
(Detention Centres) Act 1987.
party means the Director-General, a child or young person or
parent or any other party in proceedings to which this Chapter
applies.
subpoena includes any of the following:
(a) a subpoena to give evidence,
(b) a subpoena for production,
(c) a subpoena both to give evidence and for production.
subpoena both to give evidence and for production means a
written order requiring the person to whom the subpoena is
addressed to attend as directed by the order as a witness to give
evidence and to produce a document or thing.
subpoena for production means a written order requiring the
person to whom the subpoena is addressed to attend as directed
by the order and produce a document or thing.
subpoena to give evidence means a written order requiring the
person to whom the subpoena is addressed to attend as directed
by the order as a witness to give evidence.
warrant of commitment means a warrant to commit a person to
a correctional centre, detention centre or other place of security
issued under Division 5.
Division 2 Compelling attendance at proceedings
109A Form and service of care proceedings attendance notice
(1) A care proceedings attendance notice must be in writing and in
the form prescribed by the rules.
(2) A care proceedings attendance notice must:
(a) require the person to whom it is addressed to attend at the
court house where the proceedings before the Children's
Court are conducted at a specified date, time and place, and
(b) state that failure to attend may result in the arrest of the
person and, in the case of the child, young person or parent
to which the proceedings relate, the matter being dealt with
in his or her absence.
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Children and Young Persons (Care and Protection) Amendment Bill 2005
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
(3) Notice of the date, time and place set is to be given to each other
party in the proceedings in accordance with the rules.
(4) The rules may prescribe additional matters to be included in care
proceedings attendance notices.
(5) A care proceedings attendance notice is to be served in
accordance with the rules.
109B Issue of arrest warrant to compel attendance at proceedings
(1) The Children's Court may, in accordance with Division 4, issue
a warrant to arrest a person if it is satisfied that there are
substantial reasons to do so and that it is in the interests of the
safety, welfare or well-being of a child or young person with
respect to whom proceedings before it are conducted to do so.
(2) Without limiting the circumstances in which a warrant may be
issued, it may be issued if:
(a) the person fails to attend as required by a care proceedings
attendance notice, or
(b) the person is a child, young person or parent who absconds
from any care proceedings with respect to the child or
young person.
(3) The police officer or other person executing the warrant is to
bring the person before the Children's Court, or if this is not
practicable before a Registrar, as soon as possible after the arrest.
(4) The Children's Court or Registrar may:
(a) in the case of an adult--if bail is not dispensed with or
granted, issue a warrant of commitment in accordance with
Division 5 committing the person to a correctional centre
or other place of security, or
(b) in the case of a young person--if bail is not dispensed with
or granted, issue a warrant of commitment in accordance
with Division 5 committing the young person to a
detention centre or other place of security, or
(c) in the case of a child--place the child in the care
responsibility of the Director-General at a place approved
by the Minister for the purposes of this section,
and order the adult, young person or child to be brought before
the Children's Court at the date, time and place specified in the
order.
(5) Notice of the date, time and place set is to be given to each other
party in the proceedings in accordance with the rules.
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Children and Young Persons (Care and Protection) Amendment Bill 2005
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 1
Division 3 Subpoenas for attendance of witnesses to
give evidence and produce documents
109C Issue of subpoenas
(1) The Children's Court, a Children's Magistrate or a Registrar, if
requested to do so by a party to proceedings before it, may,
subject to and in accordance with the rules, issue to a person
named in the subpoena any of the following subpoenas:
(a) a subpoena to give evidence,
(b) a subpoena for production,
(c) a subpoena both to give evidence and for production.
(2) A subpoena to give evidence and a subpoena for production may
be issued to the same person in the same proceedings.
(3) A party may require a subpoena for production to be returnable:
(a) on any day on which the proceedings are listed before the
Children's Court, or any day not more than 21 days before
any such day, or
(b) with the leave of the Children's Court, on any other day.
109D Time for service of subpoenas
(1) A subpoena must be served within a reasonable time and at least
5 days before the last day on which it must be complied with.
(2) The Children's Court, a Children's Magistrate or a Registrar
may, on application by the party concerned, permit a subpoena to
be served later than the time permitted by subsection (1). The
later time must be endorsed on the subpoena by the Children's
Court, Children's Magistrate or Registrar.
(3) A subpoena may be served by delivering it personally to the
person to whom it is addressed or in any other manner prescribed
by the rules.
109E Conduct money
A person to whom a subpoena issued at the request of a party is
addressed is not required to attend the Children's Court, or to
produce any document or thing on any day on which attendance
is required, unless an amount sufficient to meet the reasonable
expenses of complying with the subpoena in relation to that day
is paid or tendered to the person at the time of service of the
subpoena or not later than a reasonable time before that day.
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Children and Young Persons (Care and Protection) Amendment Bill 2005
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
109F Limits on obligations under subpoenas
The person to whom a subpoena is addressed is not required to
produce any document or thing if:
(a) it is not specified or sufficiently described in the subpoena,
or
(b) the person would not be required to produce the document
or thing on a subpoena for production in the Supreme
Court.
109G Production by non-party
(1) If the person to whom a subpoena for production is addressed is
not a party to the proceedings, the subpoena is, unless the
Children's Court otherwise orders, to permit the person to
produce the document or thing to the Court not later than the day
before the first day on which the person's attendance is required,
instead of attending and producing the document or thing as
required by the subpoena.
(2) The rules may make provision for or with respect to the
production of documents or things produced to the Children's
Court under subsection (1), and the return of the document or
thing, and any related matters.
(3) Nothing in this Part affects the operation of Division 1 (Requests
to produce documents or call witnesses) of Part 4.6 of Chapter 4
of the Evidence Act 1995 to the extent (if any) that Division 1 is,
under section 93, applicable in proceedings in the Children's
Court.
109H Subpoena may be set aside
(1) The Children's Court may, on application by the person to whom
a subpoena is addressed, set aside the subpoena wholly or in part.
(2) Notice of an application under this section is to be filed and
served as prescribed by the rules on the party on whose request
the subpoena was issued.
109I Inspection of subpoenaed documents and things
(1) A party may, if the Children's Court so orders:
(a) inspect documents or things produced in compliance with
a subpoena, and
(b) take copies of any documents so inspected.
(2) Any such order may be made on such terms and conditions as the
Children's Court thinks fit.
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Children and Young Persons (Care and Protection) Amendment Bill 2005
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 1
(3) A Registrar may exercise the function of the Children's Court to
make an order under this section with the consent of the parties
to the proceeding.
(4) Subsection (3) does not apply if any party, the person to whom
the subpoena is addressed or a person claiming privilege in
respect of the document has objected to a party inspecting the
documents or things produced in compliance with the subpoena.
109J Action that may be taken if person does not comply with subpoena
(1) A party who requested a subpoena may apply to the Children's
Court for the issue of a warrant in accordance with Division 4 for
the arrest of the person to whom the subpoena is addressed if the
person has not complied with the subpoena.
(2) The Children's Court may issue the warrant if satisfied that:
(a) the subpoena was issued in accordance with this
Division, and
(b) the person to whom the subpoena is addressed has failed,
without reasonable excuse, to comply with the subpoena.
(3) The police officer or other person executing the warrant is to
bring the person before the Children's Court, a Children's
Magistrate or a Registrar, as soon as possible after the arrest.
(4) The Children's Court, Children's Magistrate or Registrar before
whom a person who is a child or young person is brought on
arrest on a warrant issued under this section may:
(a) place the child or young person in the care responsibility
of the Director-General at a place approved by the Minister
for the purposes of this section, and
(b) order the child or young person to be brought before the
Children's Court at the date, time and place specified in the
order.
(5) The Children's Court, Children's Magistrate or Registrar before
whom a person who is an adult is brought on arrest on a warrant
issued under this section may:
(a) if bail is not dispensed with or granted, issue a warrant
under Division 5 committing the person to a correctional
centre or other place of security, and
(b) order the person to be brought before the Children's Court
at the date, time and place specified in the order.
(6) Notice of the date, time and place set is to be given to the party
who requested the subpoena in accordance with the rules.
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Children and Young Persons (Care and Protection) Amendment Bill 2005
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
109K Action that may be taken if person refuses to give evidence
(1) This section applies to a person who:
(a) appears before the Children's Court on a subpoena to give
evidence, or produce any document or thing, or both, or
(b) appears before the Children's Court on bail after being
arrested under a warrant after failing to comply:
(i) with a subpoena to give evidence, or produce any
document or thing, or both, or
(ii) with a care proceedings attendance notice, or
(c) is brought before the Children's Court under a warrant of
commitment after being so arrested.
(2) The Children's Court may order that a warrant be issued for the
committal of a person to whom this section applies to a
correctional centre, detention centre or other place of security for
a period not exceeding 7 days if the person refuses, without
offering any just cause or reasonable excuse:
(a) to be examined on oath, or
(b) to take an oath, or
(c) to answer, after having taken an oath, any questions that
are put to the person concerning the subject-matter of the
proceedings, or
(d) to produce the document or thing.
Note. Division 5 sets out procedures for warrants of commitment
generally.
(3) However, the person is to be released before the expiration of
those 7 days if the person:
(a) consents to be examined on oath and to answer questions
concerning the subject-matter of the proceedings, or
(b) produces the document or thing.
(4) This Part applies in relation to a subpoena to the exclusion of
section 194 (Witnesses failing to attend proceedings) of the
Evidence Act 1995.
(5) In this section, a reference to a person who appears before the
Children's Court on bail after being arrested under a warrant after
failing to comply with a subpoena includes a reference to a
person in respect of whom the requirement for bail has been
dispensed with after being so arrested.
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Children and Young Persons (Care and Protection) Amendment Bill 2005
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 1
Division 4 Arrest warrants
109L When arrest warrants may be issued
A warrant to arrest a person may be issued on any day of the
week.
109M Form of arrest warrant
(1) A warrant to arrest a person must be in the form prescribed by the
rules.
(2) Without limiting subsection (1), the warrant must be directed to
a person permitted by section 109O to execute the warrant and
must do the following things:
(a) name or describe the person to be arrested,
(b) briefly state the reason for the arrest,
(c) order that the person be arrested and brought before the
Children's Court to be dealt with according to law or to
give evidence or produce documents or things, as
appropriate.
(3) A warrant to arrest a person must be signed by the person issuing
it and sealed with the seal of the Children's Court.
109N Duration of arrest warrants
(1) A warrant to arrest a person must be returnable at a stated date,
time and place.
(2) The warrant to arrest a person may be returned and cancelled, and
a further warrant may be obtained, if the person is not arrested
before the warrant must be returned.
109O Persons who may execute arrest warrant
(1) A warrant to arrest a person must be directed to:
(a) a named police officer, or
(b) a person authorised by law to execute a warrant to arrest, or
(c) the senior police officer of the area where the court is
located, or
(d) the senior police officer and all other police officers, or
(e) generally all police officers.
(2) A warrant to arrest a person may be executed by arresting the
person at any place in New South Wales.
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Children and Young Persons (Care and Protection) Amendment Bill 2005
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
109P Procedure after arrest
A person who is arrested under a warrant must be brought before
the Children's Court, a Children's Magistrate or a Registrar as
soon as practicable.
109Q Revocation of warrants
(1) Any party to proceedings before the Children's Court may apply
to the Court to revoke a warrant for the arrest of a person issued
by the Court in relation to the proceedings.
(2) The Children's Court may, on the application of a person under
subsection (1) or on its own motion, revoke any warrant to arrest
a person issued by it if the Children's Court considers it to be
appropriate to do so.
Division 5 Warrants of commitment
109R Form of warrants of commitment
(1) A warrant to commit a person must be in the form prescribed by
the rules.
(2) Without limiting subsection (1), the warrant must be directed to
a police officer and must do the following things:
(a) name or describe the person to be committed,
(b) direct and authorise the police officer to take and safely
convey the named person to a correctional centre,
detention centre or other place of security,
(c) direct the police officer to deliver the named person to the
officer in charge of the place,
(d) direct and authorise the officer in charge of the place to
receive the named person in custody and to keep the named
person in custody for the period specified, or in the
circumstances specified, or until the named person is
otherwise lawfully released from custody.
Note. A warrant of commitment must not require a person to be kept in
custody for more than 7 days--see section 109K (2).
109S Procedure for taking person to correctional centre, detention
centre or other place of security
(1) The police officer to whom a warrant of commitment is issued
must take the named person to the correctional centre, detention
centre or other place of security specified in the warrant and
deliver the named person to the person in charge of the place.
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Children and Young Persons (Care and Protection) Amendment Bill 2005
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 1
(2) The police officer must obtain a receipt for the delivery of the
named person setting out the condition of the named person when
delivered into the custody of the person in charge.
109T Defects in warrants of commitment
A warrant of commitment may not be held void because of any
defect in the warrant if the warrant states that:
(a) the person has been ordered to do any act or thing required
to be done, and
(b) there is a good and valid order to sustain the warrant.
Division 6 Bail
109U Application of Bail Act 1978
(1) The Bail Act 1978 (other than Part 6) applies to a person who is
brought before the Children's Court, a Children's Magistrate or a
Registrar after being arrested on a warrant issued under this Part
in relation to proceedings before the Children's Court in the same
way as it applies to an accused person, and for that purpose, bail
may be granted to the person with respect to the period between
the person's being brought before the Children's Court, a
Children's Magistrate or a Registrar and his or her attendance at
those proceedings.
(2) For the purposes of subsection (1):
(a) the Children's Court, a Children's Magistrate and a
Registrar may grant bail in accordance with the Bail Act
1978 to a person who is brought before the Court,
Children's Magistrate or Registrar, and
(b) a reference in Part 4 (other than section 22A and Divisions
37), 5 or 7 of the Bail Act 1978 to a court is to be read as
a reference to the Children's Court, and
(c) a reference to an authorised justice includes a reference to
a Registrar.
(3) A power to issue a warrant of commitment under this Part is
subject to the provisions of the Bail Act 1978, as applied by this
section.
(4) Without limiting section 9, in taking any action or making any
decision under the Bail Act 1978 as applied by this section
concerning a particular child or young person, the safety, welfare
and well-being of the child or young person must be the
paramount consideration.
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Children and Young Persons (Care and Protection) Amendment Bill 2005
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
109V Review of bail decisions
(1) The District Court may review any decision made by the
Children's Court or a Children's Magistrate in relation to bail
under this Division.
(2) The Children's Court may review any decision made by a
Registrar in relation to bail under this Division.
(3) The power to review a decision under this section:
(a) may be exercised only at the request of the child, young
person, parent or other person held in custody or the
Director-General, and
(b) includes the power to affirm or vary the decision or to
substitute another decision.
(4) A decision as varied or substituted must be in conformity with the
Bail Act 1978 as applied by section 109U.
(5) The review of a decision is to be by way of rehearing, and
evidence or information in addition to, or in substitution for, the
evidence or information obtained on the making of the decision
may be given or obtained on the review.
(6) If, on review of a decision under this Division, the Children's
Court or District Court varies the decision or substitutes another
decision, section 38 of the Bail Act 1978 applies to and in relation
to the decision as varied or substituted as if originally made by
the court.
(7) If, on review of a decision under this Division, bail for a parent
or other person in custody is revoked, the Children's Court or
other reviewing body may:
(a) if the person is an adult--issue a warrant in accordance
with Division 5 committing the person to a correctional
centre or other place of security, or
(b) if the person is a child or young person--issue a warrant in
accordance with Division 5 committing the person to a
detention centre,
and order the person to be brought before the Children's Court at
the date, time and place specified in the warrant.
(8) The Children's Court or other reviewing body may refuse a
request to review a decision under this Division if it is satisfied
that the request is frivolous or vexatious.
(9) The regulations may make provision for or with requests for
reviews, and reviews, under this Division.
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Children and Young Persons (Care and Protection) Amendment Bill 2005
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 1
(10) Nothing in this section limits the rights of a person held in
custody under this Part to apply for bail, and the person may so
apply for bail even if the power to review a decision already made
in relation to bail to the person has not been, or has not been
sought to be, exercised under this section.
Division 7 General
109W Warrants
(1) A printed representation of a seal or signature on a warrant issued
under this Part is sufficient to comply with a requirement under
this Act that a warrant be sealed or signed.
(2) A copy of a warrant issued under this Act (being a copy produced
by means of a photographic or electronic process or facsimile
transmission):
(a) is as valid and effectual as the original warrant, and
(b) confers the same functions as the original warrant.
109X Rules relating to subpoenas
Without limiting section 23 of the Children's Court Act 1987,
rules may be made for or with respect to the following matters:
(a) the form of subpoenas,
(b) the production and inspection of documents or things in
accordance with subpoenas and the return or destruction of
such documents or things,
(c) the return of subpoenas to parties,
(d) conduct money,
(e) hearing of objections to subpoenas,
(f) allowances for witnesses.
[9] Section 149AA
Insert after section 149:
149AA Care plan and other relevant information to be presented before
order made under section 149
(1) The authorised carer applying for an order under section 149
awarding sole parental responsibility to the carer must present the
following to the Children's Court before the order is made:
(a) a care plan prepared, in accordance with this section, by
the authorised carer or the principal officer of the
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Children and Young Persons (Care and Protection) Amendment Bill 2005
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
designated agency that supervised the placement of the
child or young person with the authorised carer,
(b) a copy of any report on the health, educational or social
well-being of the child or young person that is available to
the authorised carer and that is relevant to the care plan.
(2) Without limiting the information that must be contained in a care
plan, it must contain information about the following:
(a) the residence of the child or young person,
(b) if the Children's Court has made any contact order under
section 86 in relation to contact of the child or young
person with his or her parents, relatives, friends or other
persons--the arrangements for contact,
(c) the education and training of the child or young person,
(d) the religious upbringing of the child or young person,
(e) the health care of the child or young person,
(f) the resources required to provide any services that need to
be provided to the child or young person and the
availability of those resources,
(g) any views the child or young person has expressed about
any aspect of the care plan.
(3) The care plan is to be made as far as possible with the agreement
of the parents of the child or young person concerned.
(4) The care plan is only enforceable to the extent to which its
provisions are embodied in or approved by orders of the
Children's Court.
(5) Other requirements and the form of a care plan under this section
may be prescribed by the regulations.
[10] Section 175 Special medical treatment
Omit paragraph (b) of the definition of special medical treatment in section
175 (5).
Insert instead:
(b) any medical treatment for the purpose of contraception or
menstrual regulation declared by the regulations to be a
special medical treatment for the purposes of this section,
or
[11] Section 176 Special medical examinations
Omit the section.
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Children and Young Persons (Care and Protection) Amendment Bill 2005
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 1
[12] Section 218A
Insert after section 218:
218A Application of State Records Act 1998 to certain children's
services
(1) The State Records Act 1998 does not apply to an excluded
children's service and such a service is not a public office for the
purposes of that Act.
(2) In this section:
excluded children's service means a person or body providing a
children's service to the community, being a person or body other
than:
(a) a department, office, commission, board, corporation,
agency, service or instrumentality exercising any function
of any branch of the Government of the State, or
(b) a council or county council under the Local Government
Act 1993.
[13] Section 220 Regulations
Insert after section 220 (p):
Centre based children's services
(q) exempting specified centre based children's services, or
centre based children's services of a specified class, from
the requirement that they be licensed, and regulating the
services so exempted (including, without limitation,
establishing standards to be met by those services).
[14] Section 233 Power of search for and removal of children and young
persons in need of care and protection
Omit "in need of care and protection" from section 233 (1) (a).
Insert instead "at risk of serious harm".
[15] Section 233 (2) (a)
Omit "at immediate risk of serious harm".
Insert instead "at risk of serious harm".
[16] Section 233 (4)
Omit "It".
Insert instead "An application for a warrant or warrant may specify one or
more addresses or other descriptions of premises. However, it".
Page 17
Children and Young Persons (Care and Protection) Amendment Bill 2005
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
[17] Section 264 Regulations
Insert after section 264 (2):
(3) The regulations may apply, adopt or incorporate, wholly or in
part and with or without modifications, any standard, rule, code,
specification or other document prescribed or published by any
person or body (whether of New South Wales or elsewhere) and
as in force at a particular time or from time to time.
[18] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Children and Young Persons (Care and Protection) Amendment
Act 2005
[19] Schedule 3
Insert after clause 1:
2 Provision consequent on enactment of Children and Young
Persons (Care and Protection) Amendment Act 2005
Section 233, as in force immediately before the commencement
of this clause, continues to apply to and in respect of a search
warrant applied for under that section as in force before that
commencement.
Page 18
Children and Young Persons (Care and Protection) Amendment Bill 2005
Amendment of Children's Court Act 1987 Schedule 2
Schedule 2 Amendment of Children's Court Act 1987
(Section 4)
Section 23 Rules
Insert "or the Children and Young Persons (Care and Protection) Act 1998"
after "this Act" wherever occurring in section 23 (1).
Page 19
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