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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Child Protection Legislation
Amendment Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of child protection legislation 2
Schedule 1 Amendment of Ombudsman Act 1974 No 68 3
Schedule 2 Amendment of Commission for Children and Young People
Act 1998 No 146 6
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, , 2003
New South Wales
Child Protection Legislation
Amendment Bill 2003
Act No , 2003
An Act to amend the Ombudsman Act 1974 and the Commission for Children
and Young People Act 1998 with respect to child protection.
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 Child Protection Legislation Amendment Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Child Protection Legislation Amendment Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of child protection legislation
(1) The Ombudsman Act 1974 is amended as set out in Schedule 1.
(2) The Commission for Children and Young People Act 1998 is
amended as set out in Schedule 2.
Page 2
Child Protection Legislation Amendment Bill 2003
Amendment of Ombudsman Act 1974 No 68 Schedule 1
Schedule 1 Amendment of Ombudsman Act 1974
No 68
(Section 3 (1))
[1] Section 25A Definitions
Omit the definitions of child abuse, child abuse allegation and child
abuse conviction from section 25A (1).
[2] Section 25A (1)
Insert in alphabetical order:
reportable conduct means:
(a) any sexual offence, or sexual misconduct, committed
against, with or in the presence of a child (including a
child pornography offence), or
(b) any assault, ill-treatment or neglect of a child, or
(c) any behaviour that causes psychological harm to a
child,
whether or not, in any case, with the consent of the child.
Reportable conduct does not extend to:
(a) conduct that is reasonable for the purposes of the
discipline, management or care of children, having
regard to the age, maturity, health or other
characteristics of the children and to any relevant codes
of conduct or professional standards, or
(b) the use of physical force that, in all the circumstances,
is trivial or negligible, but only if the matter is to be
investigated and the result of the investigation recorded
under workplace employment procedures, or
(c) conduct of a class or kind exempted from being
reportable conduct by the Ombudsman under section
25CA.
Note. Examples of conduct that would not constitute reportable
conduct include (without limitation) touching a child in order to attract a
child's attention, to guide a child or to comfort a distressed child; a school
teacher raising his or her voice in order to attract attention or to restore
order in the classroom; and conduct that is established to be accidental.
reportable allegation means an allegation of reportable
conduct against a person or an allegation of misconduct that
may involve reportable conduct.
Page 3
Child Protection Legislation Amendment Bill 2003
Schedule 1 Amendment of Ombudsman Act 1974 No 68
reportable conviction means a conviction (including a
finding of guilt without the court proceeding to a conviction),
in this State or elsewhere, of an offence involving reportable
conduct.
[3] Sections 25A (3), 25B (1) (b), 25C, 25E, 25F and 25G and
Schedule 1, clause 12 (d)
Omit "child abuse allegation", "child abuse allegations", "child abuse
conviction" and "child abuse convictions" wherever occurring.
Insert instead, respectively, "reportable allegation", "reportable
allegations", "reportable conviction" and "reportable convictions".
[4] Sections 25B (1) (a), 25D and 25I
Omit "child abuse" wherever occurring.
Insert instead "reportable conduct".
[5] Section 25C Reporting of allegations or convictions to
Ombudsman
Omit section 25C (4).
[6] Section 25CA
Insert after section 25C:
25CA Ombudsman may exempt conduct from reporting
(1) The Ombudsman may exempt any class or kind of conduct of
employees of an agency from being reportable conduct.
(2) The Ombudsman is to notify the agency concerned of any
such exemption.
[7] Schedule 2 Savings and transitional provisions
Insert at the end of clause 1 (1):
Child Protection Legislation Amendment Act 2003
Page 4
Child Protection Legislation Amendment Bill 2003
Amendment of Ombudsman Act 1974 No 68 Schedule 1
[8] Schedule 2, clause 3
Insert after clause 2:
3 Child Protection Legislation Amendment Act 2003
Subject to any regulations under clause 1, the amendments
made to this Act by the Child Protection Legislation
Amendment Act 2003 extend to matters arising before the
commencement of those amendments, but do not affect any
action that is or has been taken by the Ombudsman, or by the
head or any employee of an agency, in relation to a matter
notified to the Ombudsman before that commencement.
Page 5
Child Protection Legislation Amendment Bill 2003
Schedule 2 Amendment of Commission for Children and Young People Act 1998 No
146
Schedule 2 Amendment of Commission for Children
and Young People Act 1998 No 146
(Section 3 (2))
[1] Section 33 Definitions
Omit the definition of child abuse from section 33 (1).
[2] Section 33 (1), definition of "reportable conduct"
Insert in alphabetical order:
reportable conduct means:
(a) any sexual offence, or sexual misconduct, committed
against, with or in the presence of a child (including a
child pornography offence), or
(b) any assault, ill-treatment or neglect of a child, or
(c) any behaviour that causes psychological harm to a
child,
whether or not, in any case, with the consent of the child.
Reportable conduct does not extend to:
(a) conduct that is reasonable for the purposes of the
discipline, management or care of children, having
regard to the age, maturity, health or other
characteristics of the children and to any relevant codes
of conduct or professional standards, or
(b) the use of physical force that, in all the circumstances,
is trivial or negligible, but only if the employer is an
agency to which Part 3A of the Ombudsman Act 1974
applies and the matter is to be investigated and the
result of the investigation recorded under workplace
employment procedures, or
(c) conduct of a class or kind that is exempted from being
reportable conduct by the guidelines under section 35.
Note. Examples of conduct that would not constitute reportable
conduct include (without limitation) touching a child in order to attract a
child's attention, to guide a child or to comfort a distressed child; a school
teacher raising his or her voice in order to attract attention or to restore
order in the classroom; and conduct that is established to be accidental.
Page 6
Child Protection Legislation Amendment Bill 2003
Amendment of Commission for Children and Young People Act 1998 No Schedule 2
146
[3] Section 33 (1), definition of "relevant criminal record"
Omit "an offence involving sexual activity, acts of indecency, child abuse
or child pornography".
Insert instead "an offence involving reportable conduct or any sexual
offence".
[4] Section 33 (1), definition of "relevant employment proceedings"
Omit the definition of relevant disciplinary proceedings.
Insert in alphabetical order:
relevant employment proceedings means (subject to
subsection (2)) disciplinary proceedings (in this State or
elsewhere) against an employee by the employer or by a
professional or other body that supervises the professional
conduct of the employee, being proceedings involving:
(a) reportable conduct by the employee, or
(b) an act of violence committed by the employee in the
course of employment and in the presence of a child.
[5] Sections 33 (2), 34, 36 (1) and 43
Omit "relevant disciplinary proceedings" wherever occurring.
Insert instead "relevant employment proceedings".
[6] Section 33 (4)
Omit "relevant disciplinary proceedings".
Insert instead "relevant employment proceedings".
[7] Section 39 Duties of employers with respect to relevant
employment proceedings
Omit "any employee against whom relevant disciplinary proceedings have
been completed by the employer (irrespective of the finding in those
proceedings)" from section 39 (1).
Insert instead "any employee against whom relevant employment
proceedings have been completed by the employer (other than
proceedings in which a finding is made that the alleged reportable
conduct, or the alleged commission of an act of violence, did not occur)".
Page 7
Child Protection Legislation Amendment Bill 2003
Schedule 2 Amendment of Commission for Children and Young People Act 1998 No
146
[8] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Child Protection Legislation Amendment Act 2003
[9] Schedule 3, Part 4
Insert after Part 3:
Part 4 Provisions consequent on Child
Protection Legislation Amendment Act
2003
6 Child Protection Legislation Amendment Act 2003
Subject to any regulations under clause 1, the amendments
made to this Act by the Child Protection Legislation
Amendment Act 2003 extend to matters arising before the
commencement of those amendments, but do not affect any
action that is or has been taken by the Commission or by an
employer, or to any employment screening, in relation to a
matter notified to the Commission before that
commencement.
Page 8
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