New South Wales Consolidated Acts

COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 1998

- As at 30 October 2009
- Act 146 of 1998

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - CONSTITUTION OF COMMISSION

   4.      Commission
   5.      Commissioner
   6.      Acting Commissioner
   7.      (Repealed)
   8.      Expert Advisory Committee and other advisory committees
   9.      Delegation

   PART 3 - FUNCTIONS OF COMMISSION

   10.     Principles governing work of Commission
   11.     Principal functions of Commission
   12.     Priority matters
   13.     Consultation with children
   14.     Co-operation with other agencies
   14A.    Powers of Commission for Children and Young People to compel production of information
   15.     Referral of matters to police and other investigative agencies
   15A.    Reports under Children and Young Persons (Care and Protection) Act 1998
   15B.    Power to compel production of information for monitoring or auditing purposes
   16.     Assistance to particular children

   PART 4 - SPECIAL INQUIRIES BY COMMISSION

   17.     Establishment of special inquiry
   18.     Report of results of special inquiry
   19.     General conduct of special inquiries
   20.     Hearings in special inquiries
   20A.    Legal representation
   20B.    Restriction on publication of evidence at private hearings
   21.     Tendering information, documents and evidence
   22.     Exemptions for Cabinet documents and other privileged material

   PART 5 - REPORTS BY COMMISSION

   23.     Annual reports to Parliament
   24.     Special and other reports
   25.     Furnishing of draft reports to Minister
   26.     Provisions relating to reports to Parliament

   PART 6 - PARLIAMENTARY JOINT COMMITTEE

   27.     Constitution of Committee
   28.     Functions of Committee
   29.     Membership of Committee
   30.     Provisions with respect to Committee

   PART 7 - CHILD-RELATED EMPLOYMENT

           Division 1 - Preliminary

   31.     Object of Part
   32.     Safety and welfare of children to be paramount consideration
   33.     Definitions
   33A.    (Repealed)

           Division 2 - Prohibitions on child-related employment

              Subdivision 1 - Persons prohibited from being employed in child-related employment

   33B.    Prohibited persons
   33C.    Offences relating to prohibited persons
   33D.    Employer to ascertain whether employee is prohibited person
   33E.    Employer not to employ prohibited person in child-related employment

              Subdivision 2 - Review of prohibition of employment of prohibited persons

   33F.    Definitions
   33G.    Persons not entitled to make review applications
   33H.    Commission may make declarations concerning prohibited persons
   33I.    IRC and ADT may make declarations concerning prohibited persons
   33J.    Matters to be considered in determining review applications
   33K.    Stay pending determination of review application
   33L.    Multiple applications not permitted
   33M.    Further review of persons who obtain orders
   33N.    Commissioner of Police to be notified
   33O.    Jurisdiction of Industrial Relations Commission

              Subdivision 3 - Miscellaneous

   33P.    Self-employed persons
   33PA.   Child-related employment to which Division does not apply
   33Q.    Prohibited person may be transferred to other employment
   33R.    Commission may advise on status
   33S.    Monitoring and auditing functions

           Division 3 - Background checking

   34.     Nature of background checking
   35.     Guidelines relating to procedures and standards for background checking
   36.     Functions of Commission in respect of background checking
   37.     Background checking mandatory for preferred applicants for certain child-related employment
   37A.    Background checking for certain short-term employees
   38.     Notification of information relating to relevant criminal records or other orders
   39.     Duties of employers with respect to relevant employment proceedings
   40.     Duties of employers to notify Commission of rejected applicant in connection with background checking
   41.     Enforcement notices
   42.     (Repealed)
   43.     Obtaining and correcting information on relevant employment proceedings under FOI Act
   43A.    Rectification or withdrawals of notifications
   44.     Effect of Division on other rights and procedures
   45.     (Repealed)

   PART 7A - CHILD DEATH REVIEW TEAM

           Division 1 - Object of Part

   45A.    Object of Part

           Division 2 - Constitution and procedure of the Team

   45B.    Establishment of the Team
   45C.    Composition of the Team
   45D.    Deputy Convenor
   45E.    Term of office of members
   45F.    Remuneration
   45G.    Vacancy in office of member
   45H.    Removal from office
   45I.    Effect of certain other Acts
   45J.    General procedure
   45K.    Quorum for meetings
   45L.    Presiding member
   45M.    Voting

           Division 3 - Functions of the Team

   45N.    Functions of the Team
   45O.    Appointment of expert advisers
   45P.    Annual report to Parliament
   45Q.    Annual child death review report
   45R.    Other reports
   45S.    Preparation and presentation of reports

           Division 4 - Access to and confidentiality of information

   45T.    Duty of persons to assist the Team
   45U.    Confidentiality of information
   45V.    Dishonestly obtaining information

           Division 5 - Miscellaneous

   45W.    Execution of documents
   45X.    Review of Part

   PART 8 - MISCELLANEOUS

   46.     Act to bind Crown
   47.     Charges made by Commission
   48.     Protection from liability
   48A.    Protection of persons relating to child-related employment
   48B.    Unauthorised disclosure or dishonest collection of information
   49.     Proceedings for offences
   50.     Offences by corporations
   51.     Regulations
   52.     Relationship with other Acts and laws
   52A.    Savings, transitional and other provisions
   53.     Review of Act
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3