New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 263)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActChildren and Young Persons Legislation (Repeal and Amendment) Act 1998Children and Young Persons (Care and Protection) Miscellaneous Amendments Act 2000Children and Young Persons (Care and Protection) Amendment (Permanency Planning) Act 2001Children and Young Persons (Care and Protection) Amendment Act 2005Children and Young Persons (Care and Protection) Amendment Act 2006Children and Young Persons (Care and Protection) Amendment (Parent Responsibility Contracts) Act 2006Children and Young Persons (Care and Protection) Miscellaneous Amendments Act 2006Children and Young Persons (Care and Protection) Amendment (Body Piercing and Tattooing) Act 2008Children and Young Persons (Care and Protection) Amendment (Children’s Employment) Act 2009Children and Young Persons (Care and Protection) Amendment Act 2009Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 , to the extent that it amends this ActCourts Legislation Amendment Act 2010 , to the extent that it amends this ActChildren and Young Persons (Care and Protection) Amendment (Children’s Services) Act 2010Children and Young Persons (Care and Protection) Amendment Act 2010
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from 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.
Section 233, as in force immediately before the commencement of this clause, continues to apply to and in respect of a search warrant applied for under that section as in force before that commencement.
In this Part:
"amending Act" means the Children and Young Persons (Care and Protection)
Amendment Act 2006 .
(1) The amendment made to section 29 (1) (f) by the amending Act extends to any information disclosed to a body before the commencement of the amendment.
(2) Section 29 (3A) extends to reports made, actions taken or information provided before the commencement of the subsection.
(3) Section 29 extends to any report made under section 120 or 121 before the amendment of section 29 (6) by the amending Act.
Section 46 (5) extends to an application made before the commencement of the subsection.
Section 61 (3), as repealed and re-enacted by the amending Act, extends to any order sought before that repeal and re-enactment.
Section 64 (7) and (8) extend to any application made before the commencement of the subsections.
Section 68 (2) extends to documentary evidence filed before the commencement of the subsection.
The amendments made to sections 71, 75, 79 and 90 by the amending Act extend to care proceedings not finally determined when the respective amendments commence.
(1) The amendments made to sections 93, 96 and 99, and section 104 as repealed and re-enacted, by the amending Act extend to proceedings not finally determined when the respective amendments and section 104 as re-enacted commence.
(2) The amendments made to section 105 by the amending Act extend to proceedings conducted before the commencement of the amendments.
Section 116 (4) extends to any application made before the commencement of the subsection.
Section 149 (4A) extends to any application made before the commencement of the subsection.
A regulation for or with respect to probity checks referred to in section 220 (a1) may apply so as to require probity checks on persons residing at a certain home immediately before the regulation commences.
In this Part:
"amending Act" means the Children and Young Persons (Care and Protection)
Amendment (Parent Responsibility Contracts) Act 2006 .
Section 38 (3) (as substituted by Schedule 1 [8] to the amending Act) extends to proceedings before the Children’s Court that were pending (but not finally determined) immediately before the commencement of Schedule 1 [8] to that Act.
A care plan that was duly registered immediately before the commencement of section 38F (as inserted by the amending Act) is taken to have been duly registered for the purposes of that section.
In
this Part:
"amending Act" means the Children and Young Persons (Care and Protection)
Miscellaneous Amendments Act 2006 .
Section 99 as in force before its repeal and re-enactment by the amending Act continues to apply to any proceedings before the Children’s Court that were pending (but not finally determined) before that repeal and re-enactment.
Sections 106A and 107 (3A), as inserted by the amending Act, extend to apply in respect of proceedings before the Children’s Court that were pending (but not finally determined) immediately before the commencement of the section concerned.
Premises that were exempt premises within the meaning of section 200 (3) (b) or (c) immediately before the repeal of those paragraphs by the amending Act are taken to be exempt premises within the meaning of section 199 as amended by the amending Act.
Section 258A, as inserted by the amending Act, extends to apply in respect of offences alleged to have been committed before the commencement of that section.
The amendment to the definition of "child" in section 221 made by the Children and Young Persons (Care and Protection) Amendment (Children’s Employment) Act 2009 extends to the employment of a person on or after the commencement of that amendment, even if the contract or other arrangement under which the person is employed was entered into or made before that commencement.
In this Part:
"amending Act" means the Children and Young Persons (Care and Protection)
Amendment (Children’s Services) Act 2010 .
"existing licence" means a licence for a children’s service granted under
Part 3 of Chapter 12 before the commencement of the new licensing scheme, and
which was in force immediately before the commencement of the new licensing
scheme.
"new licensing scheme" means Part 3 of Chapter 12, as substituted by the
amending Act.
An application for a licence that was made under Chapter 12 before the commencement of the new licensing scheme, and which has not been granted or refused by that commencement, is to be treated as:
(a) an application for a service provider licence by the applicant in respect of the type of children’s service to which the application relates, and
(b) an application for a children’s service approval in respect of the children’s service to which the application relates, and
(c) an application for a supervisor approval in respect of any person nominated in the application as the proposed supervisor for the service.
(1) An existing licence is taken, on the commencement of the new licensing scheme:(a) to be a service provider licence that authorises the licensee under the licence to provide the children’s services to which the existing licence relates (a "corresponding service provider licence"), and(b) to be a children’s service approval that authorises the operation of the children’s service to which the existing licence relates (a "corresponding children’s service approval"), and(c) to be a supervisor approval that authorises any person specified in the existing licence as an authorised supervisor to supervise the children’s service to which the existing licence relates (a "corresponding supervisor approval").
(2) A licensee under an existing licence is taken to be the licensee under a corresponding service provider licence.
(3) A person specified in an existing licence as an authorised supervisor for a children’s service is taken:(a) to be the holder of a corresponding supervisor approval, and(b) to have been appointed as the authorised supervisor of the children’s service to which the existing licence relates.
(4) If an existing licence was granted for a specified period of 5 years, a corresponding service provider licence, children’s service approval or supervisor approval remains in force until it is revoked by the Director-General under the new licensing scheme.
(5) If an existing licence was granted for a specified period of less than 5 years, a corresponding service provider licence, children’s service approval or supervisor approval remains in force for the balance of that period, unless sooner revoked by the Director-General under the new licensing scheme.
(6) A corresponding service provider licence, children’s service approval or supervisor approval has effect subject to any conditions that applied to the existing licence immediately before the commencement of the new licensing scheme. This subclause does not prevent the imposition of new conditions or the variation of conditions.
(7) Chapter 12, as amended by the amending Act, applies to a corresponding service provider licence, children’s service approval or supervisor approval, subject to this Part and to any modifications prescribed by the regulations.
(8) This clause does not prevent the Director-General from issuing a new service provider licence, children’s service approval or supervisor approval for the purpose of replacing a corresponding service provider licence, children’s service approval or supervisor approval.
(1) A licence for a children’s service granted under Part 3 of Chapter 12 before the commencement of the new licensing scheme that was the subject of a suspension on that commencement is taken to be an existing licence for the purposes of this Part.
(2) However, the suspension continues to apply in respect of a corresponding service provider licence, children’s service approval or supervisor approval.
An application to vary an existing licence that was made before the commencement of the new licensing scheme, and which has not been granted or refused by that commencement, may be dealt with by the Director-General as an application or notification under the new licensing scheme, as the Director-General considers appropriate.
In Chapter 12, a reference to a person who was formerly a licensed service provider or authorised supervisor of a children’s service includes a reference to a person who was formerly a licensee or authorised supervisor under Chapter 12 as in force before the commencement of the new licensing scheme.
A child or young person who was, immediately before the substitution of section 156A by the Children and Young Persons (Care and Protection) Amendment Act 2010 , in voluntary out-of-home care is taken for the purposes of that section to have been placed in voluntary out-of-home care on the date of substitution of that section.