New South Wales Consolidated Acts

CHILDREN (CARE AND PROTECTION) ACT 1987 - SCHEDULE 3

SCHEDULE 3 – Savings, transitional and other provisions

(Section 125)

Part 1 - General

1 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Children (Care and Protection) Further Amendment Act 1988

Children (Care and Protection) (Child Employment) Amendment Act 1992

Children (Care and Protection) Amendment (Disallowed Regulation) Act 1996

Children (Care and Protection) Amendment (Disclosure of Information) Act 1996

(2) Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on the enactment of the Children (Care and Protection) Further Amendment Act 1988

2 Definition

In this Part:
"amending Act" means the Children (Care and Protection) Further Amendment Act 1988 .

3 Current care applications

The amendment made by Schedule 1 (7) (a) to the amending Act does not apply to any proceedings on a care application made in accordance with Part 5 of this Act before the commencement of that amendment.

4 Orders for the removal of children from premises

The amendment made by Schedule 1 (8) (a) to the amending Act does not apply to any order made by the Children’s Court under section 59 of this Act before the commencement of that amendment.

5 Consents for publication of names etc

The amendments made by Schedule 1 (15) to the amending Act do not apply to any consent given by the Minister under section 68 of this Act before the commencement of those amendments.

Part 3 - Saving consequent on the enactment of the Children (Care and Protection) (Child Employment) Amendment Act 1992

6 Saving of certain child employment licences

(1) If, immediately before the repeal of Part 13 of the Child Welfare Act 1939 by the Children (Care and Protection) (Child Employment) Amendment Act 1992 , the employment of a person was authorised by a licence in force under that Part:

(a) the Child Welfare Act 1939 , as in force immediately before the repeal of that Part, continues to apply to the employment of the person, and

(b) Part 4 of this Act does not apply to that employment,

until the licence expires or otherwise ceases to have effect under the Child Welfare Act 1939 or until the transitional period expires, whichever occurs first.

(2) In this clause, "the transitional period" means the period of 3 months after the commencement of Part 4, as substituted by the Children (Care and Protection) (Child Employment) Amendment Act 1992 .

Part 4 - Provisions consequent on disallowance of Centre Based and Mobile Child Care Services Regulation 1996

7 Definitions

In this Part:
"affected authorised supervisor" means a person who, immediately before 23 October 1996, was the authorised supervisor of an affected service.
"affected licence" means a licence for an affected service that was in force immediately before 23 October 1996.
"affected licensee" means a person who, immediately before 23 October 1996, was a licensee of an affected service.
"affected service" means a service within the meaning of the disallowed Regulation.
"disallowed Regulation" means the Centre Based and Mobile Child Care Services Regulation 1996 published in Gazette No 99 on 30 August 1996 commencing at page 5132.

8 Saving of affected licences

(1) An affected licence is taken to be a licence for the child care service to which it relates granted under clause 3 of Schedule 1 and to be in force (unless sooner suspended or revoked under this Act) for the remainder of the period that it would have been in force had the disallowed Regulation not ceased to have effect.

(2) Accordingly, the affected licensee who held the licence and the affected authorised supervisor specified (or deemed to be specified) in it immediately before the disallowed Regulation ceased to have effect are, for the purposes of this Act and the regulations, the licensee and authorised supervisor of that service during the remainder of the period.

9 Validation

Any act, matter or thing done by an affected licensee or affected authorised supervisor, the Director-General, an officer or any other person during the period beginning on 23 October 1996 and ending with the date of commencement of clause 8 that would have been validly done had clause 8 been in force when it was done is taken to have been validly done.