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New South Wales
Children (Care and Protection)
Amendment Bill 1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
Overview of Bill
The object of this Bill is to amend the Children (Care and Protection) Act
1987 so as to establish a statutory committee whose functions will include
the review of child deaths and the analysis of child deaths that are associated
with abuse, neglect and other prescribed circumstances. The committee is to
be called the Child Death Review Team. The Team will formulate
recommendations as to policies and practices to be implemented by
government and private agencies and by the community for the prevention
or reduction of child deaths. For this purpose the Team wilI be empowered
to obtain information through government agencies and will review and
analyse this information.
* Amended in committee-see table at end of volume.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be proclaimed.
Clause 3 is a formal provision giving effect to the amendments to the
Children (Care and Protection) Act 1987 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the amendment to the
Freedom of Information Act 1989 set out in Schedule 2.
Schedule 1 Amendment of Children (Care and
Protection) Act 1987
Child Death Review Team
Schedule 1 [3] inserts a new Part 7A into the Act, which contains the
following provisions:
Proposed section 102
This section establishes the Child Death Review Team. It is to consist of
representatives of government sector organisations whose responsibilities are
centred on or involve child care and protection, together with professional
experts. The section empowers the Minister to appoint ad hoc additional
members whose qualifications or experience would be valuable on particular
projects.
Proposed section 103
This section states the functions of the Team.
Proposed section 104
This section obliges the heads of government agencies and other prescribed
officers to furnish the Team with the information it needs to carry out its
functions, and authorises the Minister and other Ministers responsible for
persons or bodies having official functions to co-ordinate procedures for the
provision of this information.
Explanatory note page 2
Proposed section 105
This section requires the Team, in consultation with the Minister, to prepare
an annual report containing recommendations for implementation by
government and private sector agencies and the community of policies and
practices for the prevention or reduction of child deaths. The report is to be
tabled in Parliament. The proposed section also provides for periodic
publication by the Team of data collected and information relating to child
deaths.
Proposed section 106
This section deals with confidentiality of records to which the Team is given
access for the purposes of the proposed Act. Records in the hands of the
Team are strictly confidential and their production cannot be compelled by
courts or tribunals. Team members and their staff may only divulge
information for the purposes of the Team's functions or in other
circumstances prescribed by the regulations.
Proposed section 107
This section empowers the Minister to issue guidelines for the Team's
conduct of operations in order to ensure confidentiality and privacy of
records and information furnished to the Team and of reports made by the
Team and other prescribed matters.
Proposed section 108
This section provides for review of the proposed new Part and its policy
objectives.
Schedule 1 [1] inserts a definition of Child Death Review Team.
Schedule 1 [2] amends section 22 of the Act so as to draw a distinction
between the performance by the Child Death Review Team of its functions
and the practice of individual members in their private professional
capacities for the purposes of the legal requirement to report instances of
child abuse. This requirement does not apply to Team members or members
of the Team's staff in the course of performing their duties under the Act.
Schedule l [4] inserts a new Schedule 2A, which deals with matters of
detail concerning the membership and procedure of the Team.
Explanatory note page 3
Explanatory note
Schedule 2 Consequential amendment of Freedom of
lnformation Act 1989
This Schedule exempts the Child Death Review Team from the operation of
the Freedom of Information Act 1989.
Explanatory note page 4