CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - As at 13 March 2024 - Act 157 of 1998
- As at 13 March 2024 - Act 157 of 1998Table of Provisions
CHAPTER 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Definitions
- 4 Children and young persons to whom this Act applies
- 5 Meaning of "Aboriginal" and "Torres Strait Islander"
- 5A Meaning of "principal officer"
- 6 Notes
CHAPTER 2 - OBJECTS, PRINCIPLES AND RESPONSIBILITIES
PART 1 - OBJECTS AND PRINCIPLES
- 7 What is the role of the objects and principles of this Act?
- 8 What are the objects of this Act?
- 9 Principles for administration of Act
- 9A Principle of making "active efforts"
- 10 The principle of participation
- 10A Permanent placement principles
PART 2 - ABORIGINAL AND TORRES STRAIT ISLANDER PRINCIPLES
- 11 Aboriginal and Torres Strait Islander self-determination
- 12 Aboriginal and Torres Strait Islander participation in decision-making
- 12A Aboriginal and Torres Strait Islander Children and Young Persons Principle
- 13 Aboriginal and Torres Strait Islander Child and Young Person Placement Principles
- 14 Records relating to Aboriginals and Torres Strait Islanders
PART 3 - ROLES OF THE MINISTER AND SECRETARY
- 15 General role of the Minister
- 16 General role of the Secretary
- 17 Secretary's request for services from other agencies
- 18 Obligation to co-operate
- 19 Interagency co-operation and exchange of information
CHAPTER 3 - REQUESTS FOR ASSISTANCE AND REPORTS
PART 1 - REQUESTS FOR ASSISTANCE
- 20 Request for assistance by child or young person
- 21 Request for assistance by parent of child or young person or by funded non-government agency
- 22 Secretary's response to requests for assistance
PART 2 - REPORTS
- 23 Child or young person at risk of significant harm
- 24 Report concerning child or young person at risk of significant harm
- 25 Pre-natal reports
- 26 Anonymity
- 27 Mandatory reporting
- 27A Alternative reporting arrangements
- 28 Record of reports and subsequent action
- 29 Protection of persons who make reports or provide certain information
- 29AAA Protection of persons who make reports or provide information to particular institutions
- 29AA Special provision relating to Royal Commissions
- 29AB Protection against retribution
- 29A Person who makes report is not prevented from helping child or young person
PART 3 - INVESTIGATIONS AND ASSESSMENT
- 30 Secretary's investigations and assessment
- 31 Matters for consideration
- 32 Initial identification--Aboriginals and Torres Strait Islanders
- 33 Investigation if allegation made against staff of Department
CHAPTER 4 - CHILDREN AND YOUNG PERSONS IN NEED OF CARE AND PROTECTION
PART 1 - ACTION TAKEN BY SECRETARY
PART 2 - USE OF ALTERNATIVE DISPUTE RESOLUTION
PART 3 - CARE PLANS AND PARENT RESPONSIBILITY CONTRACTS
Division 1 - Care plans
- 38 Development and enforcement of care plans
Division 2 - Parent responsibility contracts
- 38A Parent responsibility contracts
- 38B Amendment of parent responsibility contracts
- 38C Termination of parent responsibility contracts
- 38D Effect of parent responsibility contract
- 38E Contract breach notices
Division 3 - Registration of care plans and parent responsibility contracts
- 38F When registration occurs
- 38G Registration does not make care plans and parent responsibility contracts court documents
PART 4 - MISCELLANEOUS
- 39A Care responsibility on death of guardian or carer with full parental responsibility 39-41. (Repealed)
- 42 Sexually abusive behaviour by certain children and young persons
CHAPTER 5 - CHILDREN'S COURT PROCEEDINGS
PART 1 - EMERGENCY PROTECTION AND ASSESSMENT
Division 1 - Emergency removal
- 43 Removal of children and young persons without warrant
- 44 Secretary may assume care responsibility of child or young person in hospital or other premises
- 45 Application to Children's Court for care order
Division 2 - Emergency care and protection orders
- 46 Emergency care and protection orders 47. (Repealed)
Division 3 - Other removal authorised by the Children's Court
- 48 Removal of child or young person pursuant to order of Children's Court
Division 4 - Who has care responsibility?
- 49 Care of child or young person pending care proceedings
- 50 Discharge of child or young person from Secretary's care responsibility
Division 5 - What information must be given following removal?
NoteDivision 6 - Examination and assessment orders
- 52 Definition of "assessment order"
- 53 Making of assessment orders
- 54 Assessment of person's capacity for parental responsibility
- 55 Application for order
- 56 Matters for consideration in making an assessment order
- 57 Information concerning assessment
- 58 Provision of assessment reports and other information
- 59 Evidentiary status of assessment report
PART 2 - CARE APPLICATIONS
- 60 Definitions
- 61 Applications for care orders
- 61A Applications for care orders by filing contract breach notices
- 62 Interim and final orders
- 63 Evidence of active efforts to take alternative action
- 64 Notification of care applications
- 64A Evidence in the form of a recording
- 65 Dispute resolution conferences
- 65A Referral of matters before the Court to ADR
- 66 Leave to withdraw care application
- 67 Children's Court order not limited by terms of care application
- 67A Consecutive care orders
- 68 Leave to file further documentary evidence
- 69 Interim care orders
- 70 Other interim orders
- 70A Consideration of necessity for interim care order
- 71 Grounds for care orders
- 71A Effect of conduct outside New South Wales
- 72 Determination as to care and protection
- 73 Order accepting undertakings
- 74 Order for provision of support services
- 75 Order to attend therapeutic treatment
- 76 Order for supervision
- 77 Supervision of child or young person under a supervision order
- 78 Care plans
- 78A Permanency planning
- 79 Order (other than guardianship order) allocating parental responsibility
- 79AA Special circumstances that warrant allocation of parental responsibilities to Minister for more than 24 months
- 79A Allocation of parental responsibility by guardianship order
- 79B Applications for guardianship orders
- 79C Financial assistance for children and young persons in respect of whom guardianship orders are made
- 79D Prospective guardian must notify Secretary of resident
- 79E Entry to premises of prospective guardians
- 80 Requirement to consider care plan 81. (Repealed)
- 82 Report on suitability of arrangements concerning parental responsibility
- 83 Preparation of permanency plan
- 83A Additional requirements for permanency plans for Aboriginal and Torres Strait Islander children and young persons
- 84 Requirements of permanency plans involving restoration
- 85 Provision of services to facilitate restoration
- 85A Review of permanency plans involving restoration
- 86 Contact orders
- 86A Variation of contact orders by agreement
- 87 Making of orders that have a significant impact on persons
- 88 Costs
- 89 Copies of final orders to be given to all parties
- 90 Rescission and variation of care orders
- 90AA Variation of interim care orders
- 90A Prohibition orders
- 91 Appeals
PART 3 - PARENT CAPACITY ORDERS
- 91A Interpretation
- 91B When parent capacity orders may be made
- 91C Applications for parent capacity orders
- 91D Dispute resolution conferences
- 91E Making of parent capacity orders
- 91F Orders made by consent
- 91G Duration of parent capacity orders
- 91H Variation or revocation of parent capacity order
- 91I Right of appeal
CHAPTER 6 - CHILDREN'S COURT PROCEDURE
PART 1 - GENERAL
- 92 Proceedings to which this Chapter applies
- 93 General nature of proceedings
- 93A Powers exercised by Children's Registrar
- 94 Expedition and adjournments
- 95 Court to explain proceedings to children and young persons
- 96 Attendance of child or young person, parents and others
- 97 Effect of failure of attendance
- 98 Right of appearance
- 99 Appointment of legal representative by Children's Court
- 99A Legal representative to act as independent legal representative or direct legal representative
- 99B Child under 12 presumed incapable of giving proper instructions
- 99C Child 12 or older and young person presumed capable of giving proper instructions
- 99D Role of a legal representative
- 100 Guardian ad litem--child or young person
- 101 Guardian ad litem and amicus curiae--parents of child or young person
- 101AA Use of Guardian Ad Litem Panel
- 101A Guardian ad litem--exclusion of personal liability
- 102 Support persons
- 103 Views of siblings
- 104 Exclusion of child or young person from proceedings
- 104A Exclusion of particular persons from proceedings
- 104B Exclusion of general public from proceedings
- 104C Entitlement of media to hear proceedings
- 105 Publication of names and identifying information
- 106 Admissibility of certain statements
- 106A Admissibility of certain other evidence
- 107 Examination and cross-examination of witnesses
- 108 Proceedings unaffected by pending criminal proceedings
PART 2 - ATTENDANCE OF WITNESSES AND OTHERS AND PRODUCTION OF DOCUMENTS
Division 1 - Preliminary
Division 2 - Compelling attendance at proceedings
- 109A Form and service of care proceedings attendance notice
- 109B Issue of arrest warrant to compel attendance at proceedings
Division 3 - Subpoenas for attendance of witnesses to give evidence and produce documents
- 109C Issue of subpoenas
- 109D Time for service of subpoenas
- 109E Conduct money
- 109F Limits on obligations under subpoenas
- 109G Production by non-party
- 109H Subpoena may be set aside
- 109I Inspection of subpoenaed documents and things
- 109J Action that may be taken if person does not comply with subpoena
- 109K Action that may be taken if person refuses to give evidence
Division 4 - Arrest warrants
- 109L When arrest warrants may be issued
- 109M Form of arrest warrant
- 109N Duration of arrest warrants
- 109O Persons who may execute arrest warrant
- 109P Procedure after arrest
- 109Q Revocation of warrants
Division 5 - Warrants of commitment
- 109R Form of warrants of commitment
- 109S Procedure for taking person to correctional centre, detention centre or other place of security
- 109T Defects in warrants of commitment
Division 6 - Bail
- 109U Bail decision may be made under Bail Act 2013
- 109V Powers of District Court and Children's Court to hear fresh bail application
Division 7 - General
CHAPTER 7 - SUPPORT FOR CHILDREN AND YOUNG PERSONS IN CRISIS
PART 1 - SERIOUS OR PERSISTENT CONFLICT
- 110 What are the objects of this Part?
- 111 When does this Part apply?
- 112 What principle is to be applied in the administration of this Part?
- 113 Request for assistance
- 114 Alternative dispute resolution
- 115 Alternative parenting plan
- 116 Application for order for alternative parenting plan
- 117 Adjournment
- 118 Court orders
- 119 Registration of certain alternative parenting plans
PART 2 - HOMELESSNESS
- 120 Homelessness of children
- 121 Homelessness of young persons
- 122 Mandatory reporting of child who lives away from home without parental permission
PART 3 - (Repealed)
NoneCHAPTER 8 - OUT-OF-HOME CARE
PART 1 - INTRODUCTION
- 134 Objects of this Chapter
- 134A Definition
- 135 Definition and types of "out-of-home care"
- 135A Statutory out-of-home care
- 135B Supported out-of-home care 135C. (Repealed)
- 136 Restriction on who may provide statutory out-of-home care
- 137 Authorised carers
- 137AA Definition of authorised residential care worker
- 137A Entry to premises of applicants for authorisation
- 137B Entry to premises of authorised carers
- 138 Persons who may arrange for provision of statutory or supported out-of-home care 139, 140. (Repealed)
- 141 Inability of designated agency to fulfil responsibilities
PART 2 - OUT-OF-HOME CARE UNDER ORDER OF CHILDREN'S COURT
Division 1 - General
- 142 Application of Part
- 143 Authorised carer's right to information for purpose of assessing placement
- 144 Authorised carer's right to information for purpose of medical care and safety
- 145 Child's or young person's right to information concerning authorised carer
- 146 Involvement of authorised carers in decision-making
- 147 Indemnity of authorised carers 148-149A. (Repealed)
Division 1A - Disclosure to parents and significant persons of information concerning placement in out-of-home care
- 149B Definitions
- 149C Disclosure to parents and significant persons
- 149D Type and amount of information to be disclosed
- 149E Consent of authorised carer to disclosure of high level identification information
- 149F Disclosure of high level identification information without consent of authorised carer
- 149G Application for administrative review of decision to disclose high level identification information
- 149H Modification of Administrative Decisions Review Act 1997
- 149I Refusal to disclose information concerning placement
- 149J Disclosure not contravention of confidentiality or contravention of privacy law
- 149K No conflict with court order
Division 2 - Review of out-of-home care under order of Children's Court
- 150 Review of placements effected by order of Children's Court
PART 3 - SUPPORTED OUT-OF-HOME CARE
Division 1 - Temporary care arrangements
- 151 Making of temporary care arrangements
- 152 Duration, renewal and review of temporary care arrangements
Division 2 - Other supported out-of-home care
- 153 Operation of other supported out-of-home care
Division 3 - General provisions
- 154 Restriction on who may provide supported out-of-home care
- 155 Reports and reviews of supported out-of-home care
PART 3A - (Repealed)
NonePART 4 - DAILY CARE AND CONTROL
- 157 Care responsibility
- 158 Physical restraint of child or young person
PART 5 - ARRANGEMENTS DURING STATUTORY OR SUPPORTED OUT-OF-HOME CARE
- 159A Part applies to statutory and supported out-of-home care only
- 159 Maintenance of register
- 160 Maintenance of records
- 161 Financial assistance for children and young persons in out-of-home care
- 162 Rights of children and young persons in out-of-home care
- 163 Parents' right to information concerning progress and development of their children
- 164 Responsibility of Minister to accommodate certain children and young persons
PART 6 - ARRANGEMENTS ON LEAVING STATUTORY OUT-OF-HOME CARE
- 165A Part applies to statutory out-of-home care only
- 165 Provision of assistance after leaving out-of-home care
- 166 Leaving out-of-home care
- 167 Records concerning Aboriginal and Torres Strait Islander children and young persons
- 168 Access to personal information
- 169 Entitlement to certain documents
- 170 Retention of records
- 170A Application of State Records Act 1998
PART 7 - MISCELLANEOUS
- 171 Removal of children and young persons from unauthorised out-of-home care 171A, 172. (Repealed)
- 172A Secretary to report annually on deaths of children and young persons
CHAPTER 9 - MEDICAL EXAMINATION AND TREATMENT
PART 1 - MEDICAL EXAMINATION OF CHILDREN AND YOUNG PERSONS
- 173 Medical examination of children in need of care and protection
- 174 Emergency medical treatment
- 175 Special medical treatment
PART 2 - TREATMENT OF CHILDREN AND YOUNG PERSONS IN OUT-OF-HOME CARE ORDERED BY THE CHILDREN'S COURT
176. (Repealed)- 177 Ordinary medical and dental treatment
PART 3 - MISCELLANEOUS
- 177A Regulations CHAPTERS 10-13 - (Repealed) None
CHAPTER 14 - OFFENCES INVOLVING CHILDREN AND YOUNG PERSONS
- 227 Child and young person abuse
- 228 Neglect of children and young persons
- 229 Unauthorised removal of children and young persons
- 230 Tattooing of children and young persons
- 230A Body piercing of children
- 231 Leaving children and young persons unsupervised in motor vehicles
CHAPTER 14A - TRANSFER OF CHILD PROTECTION ORDERS AND PROCEEDINGS
PART 1 - INTRODUCTORY
- 231A Purpose of Chapter
- 231B Definitions
PART 2 - TRANSFER OF CHILD PROTECTION ORDERS
Division 1 - Administrative transfers
- 231C When Secretary may transfer order
- 231D Persons whose consent is required
- 231E Secretary to have regard to certain matters
- 231F Notification to child or young person and his or her parents
Division 2 - Judicial transfers
- 231G When Children's Court may make order under this Division
- 231H Service of application
- 231I Type of order
- 231J Children's Court to have regard to certain matters
- 231K Appeals
PART 3 - TRANSFER OF CHILD PROTECTION PROCEEDINGS
- 231L When Children's Court may make order under this Part
- 231M Children's Court to have regard to certain matters
- 231N Interim order
- 231O Appeals
PART 4 - REGISTRATION
- 231P Filing and registration of interstate documents
- 231Q Notification by Registrar of Children's Court
- 231QA Effect of registration
- 231R Revocation of registration
PART 5 - MISCELLANEOUS
- 231S Effect of registration of transferred order
- 231T Transfer of Children's Court file
- 231U Hearing and determination of transferred proceeding
- 231V Disclosure of information
- 231W Discretion of Secretary to consent to transfer
- 231X Evidence of consent of relevant interstate officer
PART 6 - RECIPROCITY GENERALLY
- 231Y Definitions
- 231Z Arrangements for care
- 231ZA Declarations concerning parental responsibility: interstate ward
- 231ZB Declaration under law of jurisdiction other than NSW
CHAPTER 15 - REMOVAL OF PERSONS AND ENTRY OF PREMISES AND PLACES
PART 1 - REMOVAL OF PERSONS
- 232 Persons under the parental responsibility of the Minister leaving or being removed from care
- 233 Power of search for and removal of children and young persons in need of care and protection
- 234 Reasons for removal and other information to be given to certain persons
PART 2 - ENTRY OF PREMISES AND PLACES
- 235 Entry without warrant into premises 236, 236A. (Repealed)
- 237 Entry and inspection under search warrant
PART 3 - ANCILLARY FUNCTIONS
- 238 Application of Part
- 239 Attendance of police or medical practitioner
- 240 Use of reasonable force
- 241 Powers exercisable on entry and inspection
- 242 Observing and conversing with persons
- 243 Application of search warrants provisions
- 244 Effect of failure to properly exercise function
CHAPTER 15A - ALTERNATIVE DISPUTE RESOLUTION
- 244A Interpretation
- 244B Protection of information disclosed in alternative dispute resolution
- 244C Confidentiality of information disclosed in alternative dispute resolution
CHAPTER 16 - ADMINISTRATIVE REVIEW
- 245 Decisions that are administratively reviewable by Civil and Administrative Tribunal
CHAPTER 16A - EXCHANGE OF INFORMATION AND CO-ORDINATION OF SERVICES
- 245A Object and principles of Chapter
- 245B Interpretation
- 245C Provision of information
- 245CA Provision of information by any person
- 245D Request for information
- 245E Co-ordination of services
- 245F Restriction on use of information provided under this Chapter
- 245G Protection from liability for providing information
- 245H Interaction with other laws
- 245I Commonwealth and interstate agencies
CHAPTER 17 - MISCELLANEOUS
- 246 Separation of children and young persons from offenders
- 247 Jurisdiction of Supreme Court
- 248 Provision and exchange of information
- 248A Collection of information by Secretary and Children's Court
- 248B Disclosure of information to bodies in other jurisdictions
- 248C Code of conduct
- 249 Delegation by Minister
- 250 Delegation by Secretary
- 251 Obstruction of persons
- 252 Person falsely representing as employee of Department
- 253 False or misleading statements
- 254 Disclosure of information
- 254A Disclosure of information for research purposes
- 255 Use of optical surveillance devices
- 256 Service of notices
- 256A Children's Court may dispense with service
- 257 Notices and other instruments to be written in other languages
- 258 Liability of directors etc for offences by corporation--offences attracting executive liability
- 258AA Liability of directors etc for offences by corporation--accessory to the commission of the offences
- 258AB Evidence as to state of mind of corporation
- 258A Time for instituting proceedings
- 259 Proceedings for offences
- 259A Penalty notices
- 260 Evidence of young children
- 261 Procedural matters
- 262 Act binds Crown
- 263 Savings, transitional and other provisions
- 264 Regulations
- 265 Review of particular amendments to Act
- 266 Minister to give annual report about active efforts Schedule 2 (Repealed)