CHILDREN AND YOUNG PERSONS LEGISLATION (REPEAL AND AMENDMENT) ACT 1998 - As at 20 June 2006 - Act 158 of 1998 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Act 2. Commencement 3. Repeal of Children (Care and Protection) Act 1987 No 54 4. (Repealed) 5. Amendment of other Acts Schedule 1 (Repealed) SCHEDULE 2 CHILDREN AND YOUNG PERSONS LEGISLATION (REPEAL AND AMENDMENT) ACT 1998 - LONG TITLE An Act to repeal the Children (Care and Protection) Act 1987; to amend the Children’s Court Act 1987; and to amend certain other Acts as a consequence of the enactment of the Children and Young Persons (Care and Protection) Act 1998. CHILDREN AND YOUNG PERSONS LEGISLATION (REPEAL AND AMENDMENT) ACT 1998 - SECT 1 Name of Act 1 Name of Act This Act is the Children and Young Persons Legislation (Repeal and Amendment) Act 1998. CHILDREN AND YOUNG PERSONS LEGISLATION (REPEAL AND AMENDMENT) ACT 1998 - SECT 2 Commencement 2 Commencement This Act commences on a day or days to be appointed by proclamation. CHILDREN AND YOUNG PERSONS LEGISLATION (REPEAL AND AMENDMENT) ACT 1998 - SECT 3 Repeal of Children (Care and Protection) Act 1987 No 54 3 Repeal of Children (Care and Protection) Act 1987 No 54 (1) The Children (Care and Protection) Act 1987 is repealed. (2) Different days may be appointed for the commencement of subsection (1) for the purpose of repealing, on different days, different provisions of the Children (Care and Protection) Act 1987. (3) For the purpose of giving effect to the amendment made by section 5 and Schedule 2.7, and despite the terms of that amendment: (a) a provision of the Children (Care and Protection) Act 1987 specified in Schedule 1 to the Commonwealth Powers (Family Law—Children) Act 1986 does not cease to be so specified until the provision is repealed pursuant to this section, and (b) a provision of the Children and Young Persons (Care and Protection) Act 1998 does not become a provision specified in Schedule 1 to the Commonwealth Powers (Family Law—Children) Act 1986 until the provision is commenced pursuant to section 2 of the Children and Young Persons (Care and Protection) Act 1998. CHILDREN AND YOUNG PERSONS LEGISLATION (REPEAL AND AMENDMENT) ACT 1998 - SECT 5 Amendment of other Acts 5 Amendment of other Acts Each Act specified in Schedule 2 is amended as set out in that Schedule. CHILDREN AND YOUNG PERSONS LEGISLATION (REPEAL AND AMENDMENT) ACT 1998 - SCHEDULE 2 SCHEDULE 2 – Amendment of other Acts (Section 5) 2.1–2.5 2.6 - Children (Protection and Parental Responsibility) Act 1997 No 78 [1] Section 3 Definitions Omit the definition of "carer". Insert instead: "carer" of a person means any person who has the daily care and control of a child under out-of-home care arrangements made under the Children and Young Persons (Care and Protection) Act 1998. 2.7, 2.8 2.9 - Companion Animals Act 1998 No 87 Section 14 Dogs prohibited in some public places Omit “a child care service as defined in the Children (Care and Protection) Act 1987 ” from section 14 (1) (f). Insert instead “a licensed children’s service within the meaning of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998 ”. 2.10 - Coroners Act 1980 No 27 Sections 12B (1) (g) and 13 (1) (h) Omit “a residential child care centre licensed under the Children (Care and Protection) Act 1987 ” wherever occurring. Insert instead “a place at which out-of-home care within the meaning of the Children and Young Persons (Care and Protection) Act 1998 was provided to the person”. 2.11, 2.12 2.13 - Criminal Records Act 1991 No 8 Section 15 Employment in certain occupations Omit “child care services under Part 3 of the Children (Care and Protection) Act 1987 ” from section 15 (1). Insert instead “children’s services under Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998 ”. 2.14 - Evidence Act 1995 No 25 Section 19 Compellability of spouses and others in certain criminal proceedings Omit the matter relating to the Children (Care and Protection) Act 1987. Insert instead: section 222 (Endangering children in employment), 223 (Certain employers of children to be authorised), 227 (Child and young person abuse) or 228 (Neglect of children and young persons) of the Children and Young Persons (Care and Protection) Act 1998 2.15, 2.16 2.17 - Inclosed Lands Protection Act 1901 No 33 Section 3 Definitions Omit paragraph (b) of the definition of "child care service" in section 3 (1). Insert instead: (b) out-of-home care provided by a designated agency or an authorised carer within the meaning of the Children and Young Persons (Care and Protection) Act 1998. 2.18 2.19 - Land Tax Management Act 1956 No 26 Section 10 Land exempted from tax Omit section 10 (1) (g) (ii). Insert instead: (ii) the provision of a children’s service the subject of a licence under the Children and Young Persons (Care and Protection) Act 1998 or a school registered under the Education Act 1990, 2.20, 2.21 2.22 - Navigation Act 1901 No 60 Section 158A Record of employees under 16 years on ships Omit “Part 4 to the Children (Care and Protection) Act 1987 ” from the note to section 158A. Insert instead “Chapter 13 of the Children and Young Persons (Care and Protection) Act 1998 ”. 2.23 2.24 - Public Health Act 1991 No 10 Section 42A Definitions Omit paragraph (a) of the definition of "child care facility". Insert instead: (a) a children’s service to which Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998 applies, or 2.25 2.26 - Young Offenders Act 1997 No 54 Section 68 Interventions not to be disclosed as criminal history Omit “a provider of child care services under Part 3 of the Children (Care and Protection) Act 1987 ” from section 68 (2) (a). Insert instead “a provider of a children’s service under Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998 ”. 2.27 CHILDREN AND YOUNG PERSONS LEGISLATION (REPEAL AND AMENDMENT) ACT 1998 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________ |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| Table of amending instrumentsChildren and Young Persons Legislation (Repeal and Amendment) Act 1998 No 158. Assented to 14.12.1998. Date of commencement of secs 1, 2 and 4 and Sch 1 [5], 17.4.2000, sec 2 and GG No 48 of 17.4.2000, p 3349; date of commencement of sec 3 (1), in so far as it repeals the Children (Care and Protection) Act 1987 (except secs 1–4, 19 and 21, Parts 3 and 4, sec 83, Parts 6, 7A and 8 and Schs 1, 1A, 2A and 3), Sch 1 (except Sch 1 [5]), Sch 2 (except Sch 2.2 [1], 2.6 [1], 2.9, 2.10, 2.13, 2.14, 2.17, 2.19, 2.22–2.24 and 2.26) and sec 5, in so far as it applies to the provisions of Sch 2 that are commenced, 18.12.2000, sec 2 and GG No 159 of 8.12.2000, p 12781; date of commencement of sec 3 (1) in so far as it repeals Div 1 of Part 3 and Part 4 of the Children (Care and Protection) Act 1987 and Sch 2.23 and sec 5 in so far as it applies to Sch 2.23, 30.9.2004, sec 2 and GG No 87 of 21.5.2004, p 2922; date of commencement of sec 3 (1), in so far as it repeals sec 95 of the Children (Care and Protection) Act 1987, 2.7.2001, sec 2 and GG No 107 of 2.7.2001, p 5209; date of commencement of the remainder: not in force. This Act has been amended as follows: __________________________________________________________________________ | | |Crimes Legislation Amendment (Sentencing) Act | | | |1999. Assented to 8.12.1999. | |1999|No 94| | | | |Date of commencement of Sch 4.67, 1.1.2000, sec 2 (1) and GG No| |__________________________________________________________________________| | | |Children and Young Persons (Care and | | | |Protection) Miscellaneous Amendments Act 2000. Assented to | |2000|No 76|9.11.2000. | | | | | | | |Date of commencement, 18.12.2000, sec 2 and GG No 159 of | |__________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | | |No 93|Act (No 2) 2000. Assented to 8.12.2000. | | | | | |__________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | |2006|No 58|Act 2006. Assented to 20.6.2006. | | | | | |__________________________________________________________________________| Table of amendments _________________________________________________ |_________________________________________________| |_________________________________________________| |_________________________________________________| |_________________________________________________|