New South Wales Consolidated Acts

CHILDREN (CARE AND PROTECTION) ACT 1987 - SECT 3

3 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"Aboriginal" has the same meaning as Aboriginal person has in the Aboriginal Land Rights Act 1983 .
"abuse", in relation to a child, means:

(a) assault (including sexually assault) the child, or

(b) ill-treat the child, or

(c) expose or subject the child to behaviour that psychologically harms the child,

whether or not, in any case, with the consent of the child.
"adult" means a person who is of or above the age of 18 years.
"authorised officer", in relation to any provision of this Act, means:

(a) an officer who is declared to be an authorised officer for the purposes of that provision, or

(b) an officer who belongs to a class of officers who are declared to be authorised officers for the purposes of that provision,

by an order in force under subsection (3).
"authorised private fostering agency" means the holder of a private fostering agency authority.
"authorised supervisor", in relation to a licence for a child care service or the holder of such a licence, means the person for the time being specified under section 32 (1) (c) in the licence for that service.
"child" means a person who is under the age of 18 years.
"child care service" means:

(a) any service that is provided by a person for the purpose of educating, minding or caring for (but without providing residential care for) one or more children (disregarding any children who are related to the person providing the service), or

(c) the organising or arranging of the provision of any such service,

but does not include any such service, or the organising or arranging of the provision of any such service, if the service is or is to be:

(d) provided by a person at the premises at which the children for whom that person provides the service reside,

(e) provided at a licensed residential child care centre,

(f) provided at exempt premises, or

(g) provided by the holder of a fostering authority in accordance with the authority.

"Children’s Court" means the Children’s Court of New South Wales constituted by the Children’s Court Act 1987 .
"children’s employment licence" means a licence in force under section 53.
"control order" means an order in force under section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987 whereby the Children’s Court, or some other court exercising the functions of the Children’s Court under Division 4 of Part 3 of that Act, has committed a person to the control of the Minister administering the Children (Detention Centres) Act 1987 .
"custody", in relation to a child, means custody of the child to which a person is entitled by law.
"Department" means the Department of Youth and Community Services.
"Director-General" means the person for the time being holding office or acting as the Director-General of the Department.
"employer’s authority" means an employer’s authority that has been granted by the Minister under Schedule 1A and that is in force.
"exempt premises" means:

(a) the premises of:

(i) a State school or a registered school within the meaning of the Education and Public Instruction Act 1987 ,

(ii) a private hospital or day procedure centre licensed under the Private Hospitals and Day Procedure Centres Act 1988 ,

(iii) a hospital or an authorised hospital within the meaning of the Mental Health Act 1990 ,

(iv) a statutory health corporation or affiliated health organisation under the Health Services Act 1997 , or

(v) a public hospital or health service under the control of an area health service constituted under the Health Services Act 1997 or a public hospital under the control of the Crown within the meaning of that Act,

(b) any premises belonging to a class of premises prescribed by the regulations, or

(c) in relation to any provision of this Act, any premises declared to be exempt premises for the purposes of that provision by an order in force under subsection (5).

"facility" has the same meaning as it has in the Community Welfare Act 1987 .
"fostering authority" means an authority that has been granted as a fostering authority under clause 3 of Schedule 1 and that is in force.
"licence" means a licence for a child care service or a residential child care centre that has been granted under clause 3 of Schedule 1 and that is in force.
"licensed manager", in relation to a licensed residential child care centre, means the person for the time being specified under section 36 (1) (c) in the licence for that centre.
"licensed residential child care centre" means premises specified under section 36 (1) (b) in a licence for a residential child care centre.
"maintenance" includes the provision of clothing, support, training and education.
"officer" means an officer or temporary employee, within the meaning of the Public Service Act 1979 , employed in the Department.
"parent", in relation to a child, includes:

(a) a guardian of the child, and

(b) a person who has the custody of the child,

but does not include the Minister or the Director-General, or the father or mother of the child if the father or mother, as the case may be, has neither guardianship nor custody of the child.
"person responsible", in relation to a child, means:

(a) a parent of the child,

(b) a person (other than the Minister or the Director-General) who has the care of the child, or

(c) in the case of a child who is in the care of the Minister or the Director-General-a person who had the care of the child immediately before the child came to be in the care of the Minister or the Director-General, as the case may be.

"premises" includes a structure, building, vehicle, vessel or place (including a public or other place), whether built on or not, and any part thereof.
"principal officer", in relation to an authorised private fostering agency, means the person for the time being specified under section 41 (1) (b) in the private fostering agency authority held by that agency.
"private fostering agency" means a person who performs (whether or not for fee, gain or reward) private fostering services with respect to children (disregarding any children who are related to the person).
"private fostering agency authority" means an authority that has been granted as a private fostering agency authority under clause 3 of Schedule 1 and that is in force.
"private fostering service" means the activity of conducting negotiations or making arrangements with a view to the placement of children for fostering.
"proprietor", in relation to premises, means:

(a) if the premises are not leased-the owner, or (if there is more than one owner) any of the owners, of the premises, or

(b) if the premises are leased-the lessee, or (if there is more than one lessee) any of the lessees, who is entitled to immediate possession of the premises.

"protected person" means:

(a) a child who is a ward of the Supreme Court and of whom the Minister or the Director-General has the custody or care pursuant to an order of the Supreme Court,

(a1) a child who is under the guardianship of the Director-General pursuant to section 34 (Guardianship of child awaiting adoption) of the Adoption of Children Act 1965 ,

(b) a child of whom the Minister or the Director-General has the custody or guardianship pursuant to an order in force under the Family Law Act 1975 of the Commonwealth,

(c) a non-citizen child in respect of whom the Director-General exercises the functions of a guardian pursuant to the Immigration (Guardianship of Children) Act 1946 of the Commonwealth, or

(d) a child who, having been a child referred to in paragraph (a), (b) or (c), is in the custody of a person referred to in section 91 (1) (d) (i) or (ii).

"public place" means:

(a) a place (whether or not covered by water), or

(b) a part of premises,

that is open to the public, or is used by the public, whether or not on payment of money or other consideration, whether or not it is ordinarily so open or used and whether or not the public to whom it is open consists of only a limited class of persons.
"regulation" means a regulation made under this Act.
"residential child care centre" means any premises at which one or more children (disregarding any children who are related to the person in charge of the premises) reside, but does not include any premises that are exempt premises.
"vehicle" includes:

(a) a motor vehicle (whether or not still capable of being driven), and

(b) a train or other vehicle used on a railway, and

(c) a caravan or anything else constructed to be drawn by a vehicle or animal.

"Visitor" has the same meaning as it has in the Community Welfare Act 1987 .
"ward" means:

(a) a child declared to be a ward under this Act by an order in force under section 72 (1) (c) (iii),

(b) a child declared to be a ward under this Act by a declaration under section 95 (4), or

(c) a child declared to be a ward under this Act by an order in force under the Adoption of Children Act 1965 .

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) For the purposes of the definition of "authorised officer" in subsection (1), the Minister may, by order published in the Gazette:

(a) declare any officer to be an authorised officer, or

(b) declare any class of officers to be authorised officers,

for the purposes of any provision of this Act.

(5) For the purposes of paragraph (c) of the definition of "exempt premises" in subsection (1), the Minister may, by order published in the Gazette, declare any premises to be exempt premises for the purposes of any provision of this Act.

(8) In this Act:

(a) a reference to a person who has the care of a child is a reference to a person who has the care of the child, whether or not the person has the custody of the child, and

(b) a reference to a child who is or has been placed in the care of a person includes a reference to a child who is or has been placed in the custody of the person.

(9) In this Act, a reference to a child’s having been sexually assaulted is a reference to any of the following offences having been committed with or upon the child:

(a) an offence under section 61B, 61C, 61D, 61E, 61F, 61I, 61J, 61JA, 61K, 61L, 61M, 61N, 61O, 61P, 65A, 66A, 66B, 66C, 66D, 66F, 78H, 78I, 78J, 78K, 78L, 78M, 78N, 78O, 78P or 78Q of the Crimes Act 1900 ,

(b) an offence under section 67, 68, 71, 72, 73, 74, 78A or 78B of that Act, as in force before the commencement of Schedule 2 to the Crimes (Child Assault) Amendment Act 1985 ,

(c) an offence under section 63, 65, 76 or 76A of that Act, as in force before the commencement of Schedule 1 to the Crimes (Sexual Assault) Amendment Act 1981 .

(9A) For the purposes of this Act, a person who is in a vehicle in any place shall be taken to be in that place.

(10) Except in so far as the context or subject-matter otherwise indicates or requires, a word or expression used in a Schedule has the same meaning as it has in the relevant provisions of this Act relating to the subject-matter of that Schedule.