New South Wales Consolidated Acts

CHILDREN (CARE AND PROTECTION) ACT 1987 - SECT 45

45 Lump sum payments for care of children

(1) Except pursuant to an order of a court specifying the terms on which the person may do so, a person shall not, in consideration of the receipt by the person of any sum of money or other valuable consideration, other than periodical payments of money:

(a) calculated at not more than the rate per week prescribed by the regulations, and

(b) made for not more than 4 weeks in advance,

act as a foster parent to any child unless the child is being cared for at the place where a guardian of the child resides.

(2) Subsection (1) does not apply to or in respect of:

(a) the person in charge of a non-Government children’s home for the time being approved by order of the Minister for the purposes of this subsection, or

(b) the person in charge of a facility.

(3) The Director-General shall, if requested to do so by any person wishing to place a child in a non-Government children’s home or in the care of the holder of a fostering authority, accept from that person a sum of money from which shall be made such payments, not exceeding periodical payments of money calculated in accordance with subsection (1) (a), as may be agreed upon to the person in charge of that home or to the holder of the fostering authority, as the case may be.

(4) 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.