CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998

New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 3

Definitions

3 Definitions

In this Act:
"Aboriginal" -see section 5.
"authorised carer" -see section 137.
"authorised officer" has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002 .
"care application" -see section 60.
"care order" -see section 60.
"care plan" means a plan to meet the needs of a child or young person:

(a) that is developed through agreement with the parents of the child or young person, or

(b) that represents a set of proposals for consideration by the Children’s Court.

Note: A care plan is not enforceable except to the extent to which aspects of it are endorsed by an order of the Children’s Court.

"care proceedings" -see section 60.
"care responsibility" means the authority to exercise the functions specified in section 157.
"child", except in Chapter 13, means a person who is under the age of 16 years.
"Children’s Court" means the Children’s Court of New South Wales constituted by the Children’s Court Act 1987 .
"Children’s Guardian" means the Children’s Guardian appointed under section 178.
"children’s service" -see section 200.
"compulsory assistance" -see section 123.
"contract breach notice" -see section 38E.
"Department" means the Department of Community Services.
"designated agency" -see section 139.
"direct legal representative" -see section 99A (1).
"Director-General" means the person for the time being holding office or acting as the Director-General of the Department.
"employer’s authority" means an employer’s authority that has been granted by the Minister under Schedule 2 and that is in force.
"high level identification information", in relation to a child or young person who is in the care responsibility of the Director-General (whether under a temporary care arrangement or otherwise) or who is in out-of-home care, means the following:

(a) the surnames of the authorised carer of the child or young person and of any other person living in the household of the authorised carer,

(b) the street address and locality of the authorised carer of the child or young person,

(c) the landline telephone number of the authorised carer of the child or young person,

(d) details of the employment or activities of the authorised carer of the child or young person that would be sufficient to identify the authorised carer,

(e) the name of the school that the child or young person is attending,

(f) any other type of information prescribed by the regulations.

"independent legal representative" -see section 99A (2).
"legal representative" means an Australian legal practitioner.
"non-court proceedings" means any aspect of care proceedings that is not conducted before the Children’s Court and includes, but is not limited to, the following:

(a) any counselling,

(b) any preliminary conference under section 65,

(c) any alternative dispute resolution process.

"out-of-home care" -see section 135.
"parent" of a child or young person means a person having parental responsibility for the child or young person.
"parent responsibility contract" -see section 38A.
"parental responsibility", in relation to a child or young person, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.
"permanency plan" means a plan that makes provision with respect to permanency planning.
"permanency plan involving restoration" -see section 84.
"permanency planning" -see section 78A.
"permanent placement" means a long-term placement following the removal of a child or young person from the care of a parent or parents pursuant to this Act which provides a safe, nurturing and secure environment for the child or young person and which may be achieved by:

(a) restoration to the care of a parent or parents, or

(b) placement with a member or members of the same kinship group as the child or young person, or

(c) long-term placement with an authorised carer, or

(d) placement under an order for sole parental responsibility under section 149, or

(e) placement under a parenting order under the Family Law Act 1975 of the Commonwealth, or

(f) adoption.

"primary care-giver", in relation to a child or young person, means each person who is primarily responsible for the care and control, including the day-to-day care and control, of the child or young person (whether or not that person is the person with parental responsibility or care responsibility for the child or young person).
"Registrar" means the following:

(a) a Children’s Registrar within the meaning of the Children’s Court Act 1987 ,

(b) a Registrar of the Children’s Court referred to in section 11 of that Act,

(c) any authorised justice within the meaning of the Bail Act 1978 .

"report" means a report made under section 24, 25 or 27.
"rules" means rules made under the Children’s Court Act 1987 .
"Torres Strait Islander" -see section 5.
"young person" means a person who is aged 16 years or above but who is under the age of 18 years.

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