New South Wales Consolidated Acts

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