New South Wales Consolidated Acts

CHILDREN (CARE AND PROTECTION) ACT 1987 - SECT 40

40 Unauthorised private fostering agencies prohibited

(1) A person who carries on private fostering services, or who advertises himself or herself or holds himself or herself out as being willing to carry on private fostering services, is guilty of an offence unless the person is an authorised private fostering agency.

(2) An authorised private fostering agency is guilty of an offence unless the principal officer of the agency has the overall supervision of the private fostering services carried on by it.

(3) A person who has the overall supervision of the private fostering services carried on by an authorised private fostering agency is guilty of an offence unless the person is the principal officer of the agency.

(4) A person who is an authorised private fostering agency or the principal officer of such an agency is guilty of an offence if the person contravenes or fails to comply with any condition of the agency’s private fostering agency authority that applies to the person.

(5) A provision of this section does not, to the extent of the exemption, apply to or in respect of a person exempted from that provision under section 48.