New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 258A

258A Time for instituting proceedings

(1) Proceedings for an offence under this Act or the regulations may be commenced not later than 6 months after the offence was alleged to have been committed.

(2) Proceedings for an offence against this Act or the regulations may also be commenced:

(a) in the case of an offence against Chapter 12 or against a regulation made in relation to children’s services-within but not later than 2 years after the Director-General became aware of the alleged offence, or

(b) in any other case-within but not later than 6 months after the Director-General became aware of the alleged offence.

(3) If subsection (2) is relied on for the purpose of commencing proceedings for an offence, the court attendance notice or application must contain particulars of the date on which evidence of the alleged offence first came to the attention of the Director-General and need not contain particulars of the date on which the offence was alleged to have been committed. The date on which evidence first came to the attention of the Director-General is the date specified in the court attendance notice or application, unless the contrary is established.

(4) This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.

(5) In this section:
"evidence" of an offence means evidence of any act or omission constituting the offence.