New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Children and Young Persons (Care and
Protection) Amendment Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Children and Young Persons (Care and
Protection) Act 1998 No 157 3
b2008-133-42.d11
New South Wales
Children and Young Persons (Care and
Protection) Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the Children and Young Persons (Care and Protection) Act 1998
to make further provision with respect to out-of-home care designated agencies and
the provision of information to the Children's Guardian and the Director-General of
the Department of Community Services; and for other purposes.
Clause 1 Children and Young Persons (Care and Protection) Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Children and Young Persons (Care and Protection) 3
Amendment Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Children and Young Persons (Care and Protection) Amendment Bill 2009
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 1
No 157
Schedule 1 Amendment of Children and Young 1
Persons (Care and Protection) Act 1998 2
No 157 3
[1] Section 141 Inability of designated agency to fulfil responsibilities 4
Insert after section 141 (1): 5
(1A) The Department, in supervising the placement of a child or young 6
person in out-of-home care under this section, does not take or 7
assume any assets, rights or liabilities of the designated agency. 8
[2] Section 185 Provision and exchange of information 9
Insert before section 185 (1): 10
(1A) The functions referred to in subsection (1) may be exercised by 11
the Children's Guardian for any one or more of the following 12
purposes: 13
(a) for the purposes of providing information to, or 14
exchanging information with, a prescribed person, 15
(b) for the purpose of exercising the functions of the 16
Children's Guardian. 17
[3] Section 185 (1) 18
Omit "For the purposes of providing information to, or exchanging 19
information with, a prescribed person, the". 20
Insert instead "The". 21
[4] Section 185 (1) (a) and (b) 22
Omit "the prescribed person" wherever occurring. 23
Insert instead "a prescribed person". 24
[5] Section 185 (2) and (2A) 25
Omit section 185 (2). Insert instead: 26
(2) It is the duty of a prescribed person to whom a direction is given 27
under subsection (1) (b) (being the Director-General or a 28
Department of the Public Service) to comply promptly with the 29
requirements of the direction. 30
(2A) A prescribed person (other than the Director-General or a 31
Department of the Public Service) must comply with a direction 32
Page 3
Children and Young Persons (Care and Protection) Amendment Bill 2009
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
No 157
of the Children's Guardian given under subsection (1) (b) within 1
such reasonable time as is specified in the direction. 2
Maximum penalty: 10 penalty units. 3
[6] Section 248 Provision and exchange of information 4
Insert before section 248 (1): 5
(1AA) The functions referred to in subsection (1) may be exercised by 6
the Director-General for any one or more of the following 7
purposes: 8
(a) for the purposes of providing information to, or 9
exchanging information with, a prescribed body, 10
(b) for the purpose of exercising the functions of the 11
Director-General. 12
[7] Section 248 (1) 13
Omit "For the purposes of providing information to, or exchanging 14
information with, a prescribed body, the". 15
Insert instead "The". 16
[8] Section 248 (1) (a) and (b) 17
Omit "the prescribed body" wherever occurring. 18
Insert instead "a prescribed body". 19
[9] Section 264 Regulations 20
Insert after section 264 (1A) (j): 21
(k) the licensing of principal and other officers of designated 22
agencies. 23
[10] Schedule 3 Savings, transitional and other provisions 24
Insert at the end of clause 1 (1): 25
Children and Young Persons (Care and Protection) Amendment 26
Act 2009 27
Page 4
[Index] [Search] [Download] [Related Items] [Help]