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 and Young Persons (Care and
Protection) Act 1998 (the Principal Act) so as:

(a) to provide that if the Department of Community Services (the Department)
takes over supervising the placement of a child or young person in
out-of-home care because a designated agency has ceased to be able to fulfil
its responsibilities in relation to the child or young person, the Department
does not take or assume any assets, rights or liabilities of the designated
agency, and

(b) to make it clear that the Children’s Guardian and the Director-General of the
Department (the Director-General) may, for the purpose of exercising their
functions, exchange information with, and require the provision of
information from, other persons, and

(c) to make it an offence for certain prescribed persons to fail to comply with a
direction of the Children’s Guardian to provide information, and

(d) to enable the making of regulations for or with respect to the licensing of
principal and other officers of designated agencies, and

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Children and Young Persons (Care and Protection) Amendment Bill 2009
Explanatory note

(e) to enable the making of regulations of a savings or transitional nature
consequent on the enactment of the proposed Act.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Schedule 1 Amendment of Children and Young
Persons (Care and Protection) Act 1998
No 157
Section 141 (Inability of designated agency to fulfil responsibilities) of the Principal
Act provides that if a designated agency, other than the Department, is designated to
supervise the placement of a child or young person in out-of-home care and that
agency ceases to be able to fulfil its responsibilities in relation to the child or young
person, the Department is to supervise the placement of the child or young person.

Schedule 1 [1] inserts proposed section 141 (1A) into the Principal Act to provide
that the Department, in supervising the placement of a child or young person in
out-of-home care, does not take or assume any assets, rights or liabilities of the
designated agency.

Sections 185 and 248 of the Principal Act provide that the Children’s Guardian and
the Director-General, respectively, may, for the purposes of providing information
to, or exchanging information with, a prescribed person or body, do either or both of
the following:

(a) furnish a prescribed person or body (within the meaning of the section
concerned) with information relating to the safety, welfare and well-being of
a particular child or young person or class of children or young persons,

(b) direct a prescribed person or body to furnish information to the Children’s
Guardian or the Director-General, respectively, relating to the safety, welfare
and well-being of a particular child or young person or class of children or
young persons.

Schedule 1 [2] and [6] insert proposed sections 185 (1A) and 248 (1AA),
respectively, into the Principal Act to provide that the functions referred to above
may also be exercised by the Children’s Guardian or the Director-General,
respectively, for the purpose of exercising their functions. Schedule 1 [3], [4], [7]
and [8] make consequential amendments.

Schedule 1 [5] inserts proposed section 185 (2A) into the Principal Act to provide
that a prescribed person (other than the Director-General or a Department of the
Public Service) must comply with a direction of the Children’s Guardian to furnish
information relating to the safety, welfare and well-being of a particular child or

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Children and Young Persons (Care and Protection) Amendment Bill 2009
Explanatory note
young person or class of children or young persons within such reasonable time as is
specified in the direction. Failure to comply will be an offence carrying a maximum
penalty of 10 penalty units (currently, $1,100). Schedule 1 [5] also substitutes
section 185 (2) of the Principal Act to make consequential amendments.

Schedule 1 [9] inserts proposed section 264 (1A) (k) into the Principal Act to provide
that regulations may be made under the Principal Act for or with respect to the
licensing of principal and other officers of designated agencies.

Schedule 1 [10] amends Schedule 3 to the Principal Act to provide that regulations
may be made of a savings or transitional nature consequent on the enactment of the
proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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