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New South Wales
Children and Young Persons (Care and
Protection) Amendment (Parent
Responsibility Contracts) Bill 2006
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 Consequential amendment of Children's Court Rule 2000 2
5 Repeal of Act 2
Schedule 1 Amendment of Children and Young Persons (Care and
Protection) Act 1998 3
Schedule 2 Consequential amendment of Children's Court Rule 2000 13
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, , 2006
New South Wales
Children and Young Persons (Care and
Protection) Amendment (Parent
Responsibility Contracts) Bill 2006
Act No , 2006
An Act to amend the Children and Young Persons (Care and Protection) Act 1998
to make provision with respect to parent responsibility contracts; to amend
consequentially the Children's Court Rule 2000; 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.
Children and Young Persons (Care and Protection) Amendment (Parent
Clause 1 Responsibility Contracts) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Children and Young Persons (Care and Protection)
Amendment (Parent Responsibility Contracts) Act 2006.
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 Consequential amendment of Children's Court Rule 2000
The Children's Court Rule 2000 is amended as set out in Schedule 2.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Children and Young Persons (Care and Protection) Amendment (Parent
Responsibility Contracts) Bill 2006
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:
contract breach notice--see section 38E.
parent responsibility contract--see section 38A.
primary care-giver, in relation to a child or young person, means
each person who is primarily responsible for the care and control,
including the day-to-day care and control, of the child or young
person (whether or not that person is the person with parental
responsibility or care responsibility for the child or young
person).
[2] Chapter 4, Part 1, heading
Insert before section 34:
Part 1 Action taken by Director-General
[3] Section 34 Taking of action by Director-General
Insert after section 34 (2) (b):
(b1) development, in consultation with one or more primary
care-givers for a child or young person, of a parent
responsibility contract instead of taking a matter
concerning the child's or young person's need for care and
protection before the Children's Court (except in the event
of a breach of the contract),
[4] Chapter 4, Part 2, heading
Insert before section 37:
Part 2 Use of alternative dispute resolution
Page 3
Children and Young Persons (Care and Protection) Amendment (Parent
Responsibility Contracts) Bill 2006
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
[5] Chapter 4, Part 3 and Division 1, headings
Insert before section 38:
Part 3 Care plans and parent responsibility
contracts
Division 1 Care plans
[6] Section 38 Development and enforcement of care plans
Omit "registered in" from section 38 (1). Insert instead "registered with".
[7] Section 38 (1), note
Insert at the end of the subsection:
Note. Section 38F provides that a care plan or parent responsibility
contract is taken to be registered with the Children's Court when it is filed
with the registry of the Court without the need for any order or other
further action by the Court.
[8] Section 38 (3)
Omit the subsection and the note at the end of the section. Insert instead:
(3) The Children's Court may make such other orders by consent for
the purpose of giving effect to a care plan (being orders of the
same kind as it could make in a care application that is duly made
under Part 2 of Chapter 5) without the need for a care application
under that Part and without the need to be satisfied of the
existence of any of the grounds under section 71 if the Court is
satisfied that:
(a) the proposed order will not contravene the principles of
this Act, and
(b) the parties to the care plan understand its provisions and
have freely entered into it, and
(c) in the case of a party other than the Director-General, the
party has received independent advice concerning the
provisions to which the proposed order will give effect.
Page 4
Children and Young Persons (Care and Protection) Amendment (Parent
Responsibility Contracts) Bill 2006
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 1
[9] Chapter 4, Part 3, Divisions 2 and 3
Insert after section 38:
Division 2 Parent responsibility contracts
38A Parent responsibility contracts
(1) A parent responsibility contract is an agreement between the
Director-General and one or more primary care-givers for a child
or young person that contains provisions aimed at improving the
parenting skills of the primary care-givers and encouraging them
to accept greater responsibility for the child or young person.
(2) A parent responsibility contract must:
(a) be in writing, and
(b) be signed by the Director-General and each primary
care-giver who is to be a party to the contract, and
(c) be in the form (if any) prescribed by the regulations, and
(d) be registered with the Children's Court, and
(e) specify the period (not exceeding 6 months) during which
the contract will be in force, commencing on the date on
which the agreement is registered with the Children's
Court, and
(f) specify the circumstances in which a breach of a term of
the contract by a primary care-giver will authorise the
Director-General to file a contract breach notice with the
Children's Court.
(3) No more than one parent responsibility contract may be entered
into within any period of 12 months between the
Director-General and any of the same primary care-givers for a
child or young person.
(4) Before entering into a parent responsibility contract, the
Director-General must give the other proposed parties to the
contract a reasonable opportunity to obtain independent advice
concerning the provisions of the contract.
(5) Without limiting subsection (1), a parent responsibility contract
may make provision for or with respect to any or all of the
following:
(a) attendance of a primary care-giver for treatment for
alcohol, drug or other substance abuse during the term of
the contract,
(b) attendance of a primary care-giver for counselling,
Page 5
Children and Young Persons (Care and Protection) Amendment (Parent
Responsibility Contracts) Bill 2006
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
(c) requirements relating to alcohol or drug testing that a
primary care-giver must undergo during the term of the
contract,
(d) permitting information about the contract (including
compliance with the contract) to be shared between
persons and agencies involved in the implementation of
the provisions of the contract,
(e) participation in courses aimed at improving the parenting
skills of the primary care-givers (including, for example,
courses relating to behavioural management and financial
management),
(f) monitoring of compliance with the terms of the contract.
(6) However, a parent responsibility contract may not make
provision for or with respect to any of the following:
(a) the allocation of parental responsibility for a child or
young person,
(b) the placement of a child or young person in out-of-home
care.
Note. Care plans may make provision for the allocation of parental
responsibility.
(7) Any term of a parent responsibility contract that makes provision
for or with respect to a matter referred to in subsection (6) has no
effect.
(8) A parent responsibility contract takes effect only if (and when) it
is registered with the Children's Court.
Note. Section 38F provides that a care plan or parent responsibility
contract is taken to be registered with the Children's Court when it is filed
with the registry of the Court without the need for any order or other
further action by the Court.
(9) The Director-General is to cause a copy of the parent
responsibility contract to be given to each other party to the
contract as soon as is reasonably practicable after it is registered
with the Children's Court.
(10) A parent responsibility contract remains in force for the period
specified in the contract, unless sooner terminated.
38B Amendment of parent responsibility contracts
(1) The Director-General may, with the agreement of the other
parties to a parent responsibility contract, vary any of the terms
of the contract (but not so as to increase the period during which
the contract is to be in force).
Page 6
Children and Young Persons (Care and Protection) Amendment (Parent
Responsibility Contracts) Bill 2006
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 1
(2) A varied parent responsibility contract has effect only if (and
when) a copy of the contract that includes the variations made to
it is registered with the Children's Court.
(3) A registered varied parent responsibility contract has effect as
such only from the date it is registered until the end of the period
originally specified in the contract for its duration.
38C Termination of parent responsibility contracts
(1) The Director-General may terminate a parent responsibility
contract before the expiry of the period specified in the contract
for its duration (the contract period) by:
(a) filing a contract breach notice with the Children's Court, or
(b) causing a notice terminating the contract (a termination
notice) to be served on each other party to the contract.
(2) The Director-General may cause a termination notice to be
served on each other party to the contract for any reason and at
any time during the contract period.
(3) If a parent responsibility contract is terminated by service of a
termination notice, the Director-General is to cause the registry
of the Children's Court to be notified of the termination of the
contract as soon as is reasonably practicable after its termination.
38D Effect of parent responsibility contract
(1) A parent responsibility contract may be used as evidence of an
attempt to resolve a matter concerning a child's or young
person's need for care and protection without bringing a care
application in accordance with Part 2 of Chapter 5.
(2) A refusal by a primary care-giver for a child or young person to
enter into a parent responsibility contract may also be used as
evidence of an attempt to resolve a matter concerning the child's
or young person's need for care and protection without bringing
a care application in accordance with Part 2 of Chapter 5.
(3) Except to the extent that this Division or any other provision of
this Act provides otherwise:
(a) a parent responsibility contract does not create a legally
enforceable agreement, and
(b) any failure to comply with the terms of such a contract (or
any thing done or omitted to be done in connection with
the negotiation of, or entry into, the contract) does not give
rise to civil liability of any kind.
Page 7
Children and Young Persons (Care and Protection) Amendment (Parent
Responsibility Contracts) Bill 2006
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
38E Contract breach notices
(1) The Director-General may file a contract breach notice with the
Children's Court in relation to a parent responsibility contract if:
(a) a primary care-giver for a child or young person who is a
party to the contract has breached a term of the contract,
and
(b) the contract authorises the Director-General to file a
contract breach notice with the Children's Court for
breaches of the kind committed by the primary care-giver.
(2) A contract breach notice must state the following matters:
(a) the name of the primary care-giver for a child or young
person who is alleged to have breached the parent
responsibility contract,
(b) each provision of the parent responsibility contract that the
primary care-giver is alleged to have breached,
(c) the manner in which the primary care-giver is alleged to
have breached the provision,
(d) the care orders that the Director-General will seek from the
Children's Court in respect of the child or young person
concerned,
(e) such other matters as may be prescribed by the regulations.
(3) The Director-General is to cause a copy of a contract breach
notice filed with the Children's Court (along with a copy of the
parent responsibility contract) to be served on each of the
following persons as soon as is reasonably practicable after filing
the notice:
(a) each primary care-giver who is a party to the parent
responsibility contract,
(b) the child or young person for whom the party breaching the
contract is a primary care-giver.
(4) In any care application that is made by the Director-General duly
filing a contract breach notice with the Children's Court it is to be
presumed (unless the presumption is rebutted by a party to the
proceedings other than the Director-General) that the child or
young person in respect of whom the application is made is in
need of care and protection.
Note. The filing of a contract breach notice with the Children's Court
operates as a care application by the Director-General. See section
61A (1).
Page 8
Children and Young Persons (Care and Protection) Amendment (Parent
Responsibility Contracts) Bill 2006
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 1
(5) A reference in this Act to the Director-General duly filing a
contract breach notice is a reference to the Director-General
filing the notice in accordance with the provisions of this section.
Division 3 Registration of care plans and parent
responsibility contracts
38F When registration occurs
A care plan or parent responsibility contract is taken to be
registered with the Children's Court when it is filed with the
registry of the Court without the need for any order or other
further action by the Court.
38G Registration does not make care plans and parent responsibility
contracts court documents
(1) The registration of a care plan or a parent responsibility contract
with the Children's Court does not make the plan or contract a
document of the Court.
(2) Accordingly, a party to a registered care plan or registered parent
responsibility contract does not require the leave or other consent
of the Children's Court to provide a copy of the plan or contract
to any other person or to use the plan or contract in any
proceedings in another court or tribunal.
[10] Chapter 4, Part 4, heading
Insert before section 39:
Part 4 Miscellaneous
[11] Section 61A
Insert after section 61:
61A Applications for care orders by filing contract breach notices
(1) If the Director-General duly files a contract breach notice with
the Children's Court, the filing of the notice is an application for
the care orders specified in the notice.
Page 9
Children and Young Persons (Care and Protection) Amendment (Parent
Responsibility Contracts) Bill 2006
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
(2) If a care application is made by filing a contract breach notice,
references to a parent in the provisions of this Part relating to the
making and determination of a care application in respect of a
child or young person are to be read as including a reference to a
primary care-giver for the child or young person who is a party to
the parent responsibility contract concerned even if he or she is
not a parent of the child or young person.
(3) Accordingly, the Children's Court may make the same kinds of
orders in respect of such a primary care-giver for a child or young
person as the Court may make in respect of a parent of the child
or young person.
(4) Sections 63 (Evidence of prior alternative action) and 64
(Notification of care applications) do not apply to a care
application that is made by filing a contract breach notice.
Note. Section 38E (3) requires the Director-General to notify the other
parties to a parent responsibility contract and the children and young
persons for whom they are primary care-givers that a contract breach
notice has been filed with the Children's Court.
[12] Section 71 Grounds for care orders
Insert after section 71 (1) (h):
(i) in the case where the application for the order is made by
filing a contract breach notice--any presumption arising
from the operation of section 38E (4) that the child or
young person is in need of care and protection has not been
rebutted.
[13] Section 71 (3) (as inserted by Schedule 1 [23] to the Children and Young
Persons (Care and Protection) Amendment Act 2006)
Omit the subsection.
[14] Section 73 Order accepting undertakings
Omit "(given by a parent of the child or young person)" from section 73 (1) (a).
Insert instead "(given by a responsible person for the child or young person)".
Page 10
Children and Young Persons (Care and Protection) Amendment (Parent
Responsibility Contracts) Bill 2006
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 1
[15] Section 73 (7)
Insert after section 73 (6):
(7) In this section:
responsible person for a child or young person means any of the
following persons (other than the Director-General or the
Minister):
(a) a person having parental responsibility or care
responsibility for the child or young person,
(b) a person who is the birth mother or birth father of the child
or young person (whether or not the person has parental
responsibility or care responsibility for the child or young
person),
(c) a person who is a primary care-giver for the child or young
person (whether or not the person has parental
responsibility or care responsibility for the child or young
person).
[16] Section 75 Order to attend therapeutic or treatment program
Insert before section 75 (2):
(1B) The Children's Court may, subject to this section, make an order
requiring a parent of a child or young person:
(a) to attend a therapeutic program relating to sexually abusive
behaviours, or
(b) to attend any other kind of therapeutic or treatment
program,
in accordance with such terms as are specified in the order.
[17] Section 75 (2) and (2A)
Omit section 75 (2). Insert instead:
(2) An order cannot be made under this section if:
(a) in the case of an order under subsection (1)--the child is or
has been convicted in criminal proceedings arising from
the same sexually abusive behaviours, or
(b) in the case of an order under subsection (1B) (a)--the
parent is or has been convicted in criminal proceedings
arising from the same sexually abusive behaviours.
Page 11
Children and Young Persons (Care and Protection) Amendment (Parent
Responsibility Contracts) Bill 2006
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
(2A) A reference in this section to a therapeutic or treatment program
includes a reference to a therapeutic or treatment program that
requires a participant to reside at a particular location during the
whole or part of the time when the program is being conducted.
[18] Section 75 (3)
Omit "proposed for the child".
Insert instead "or treatment program proposed for the child or parent (as the
case may be)".
[19] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Children and Young Persons (Care and Protection) Amendment
(Parent Responsibility Contracts) Act 2006
[20] Schedule 3, Part 4
Insert at the end of the Schedule:
Part 4 Provisions consequent on enactment of
Children and Young Persons (Care and
Protection) Amendment (Parent
Responsibility Contracts) Act 2006
14 Definition
In this Part:
amending Act means the Children and Young Persons (Care and
Protection) Amendment (Parent Responsibility Contracts)
Act 2006.
15 Effect of re-enactment of section 38 (3)
Section 38 (3) (as substituted by Schedule 1 [8] to the amending
Act) extends to proceedings before the Children's Court that
were pending (but not finally determined) immediately before the
commencement of Schedule 1 [8] to that Act.
16 Registration of care plans
A care plan that was duly registered immediately before the
commencement of section 38F (as inserted by the amending Act)
is taken to have been duly registered for the purposes of that
section.
Page 12
Children and Young Persons (Care and Protection) Amendment (Parent
Responsibility Contracts) Bill 2006
Consequential amendment of Children's Court Rule 2000 Schedule 2
Schedule 2 Consequential amendment of Children's
Court Rule 2000
(Section 4)
Clause 20 Form of application regarding care proceedings
Insert after clause 20 (2):
(3) This clause does not apply to any care application made by filing
a contract breach notice within the meaning of the Children and
Young Persons (Care and Protection) Act 1998.
Note. Section 61A of the Children and Young Persons (Care and
Protection) Act 1998 provides that a care application is made if the
Director-General files a contract breach notice with the Children's Court.
Page 13
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