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COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 1998 - SCHEDULE 3

SCHEDULE 3 – Savings, transitional and other provisions

(Section 52A)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
this Act
Child Protection Legislation Amendment Act 2002
Commission for Children and Young People Amendment (Child Death Review Team) Act 2003
Child Protection Legislation Amendment Act 2003
Commission for Children and Young People Amendment Act 2005
Commission for Children and Young People Amendment Act 2007
Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 , to the extent that it amends this Act
Commission for Children and Young People Amendment Act 2009
Children Legislation Amendment (Child Death Review Team) Act 2011
(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.

Part 2 - Provisions consequent on enactment of Child Protection Legislation Amendment Act 2002

2 Employment screening

(1) A provision of section 37 (4A) or (4B) applies to and in respect of the screening of an applicant for employment whether occurring before or after the commencement of the provision.

Part 3 - Provisions consequent on enactment of Commission for Children and Young People Amendment (Child Death Review Team) Act 2003

3 Continuation of existing entity

The Child Death Review Team established by section 45B is taken to be a continuation of, and the same legal entity as, the Child Death Review Team established under section 102 of the Children (Care and Protection) Act 1987 .

4 Continuation of existing members

A person who, immediately before the repeal of section 102 of the Children (Care and Protection) Act 1987 , held office as a member of the Child Death Review Team established by that section continues to hold office as a member of the Child Death Review Team established by section 45B for the balance of his or her term of office, subject to sections 45G and 45H.

5 Furnishing of annual reports of Child Death Review Team for year ended 30 June 2003

Sections 45P and 45Q extend to the preparation and presentation of the annual reports of the Child Death Review Team for the year ended 30 June 2003.

Part 4 - Provisions consequent on Child Protection Legislation Amendment Act 2003

6 Child Protection Legislation Amendment Act 2003

Subject to any regulations under clause 1, the amendments made to this Act by the Child Protection Legislation Amendment Act 2003 extend to matters arising before the commencement of those amendments, but do not affect any action that is or has been taken by the Commission or by an employer, or to any employment screening, in relation to a matter notified to the Commission before that commencement.

Part 5 - Provisions consequent on enactment of Commission for Children and Young People Amendment Act 2005

7 Definitions

(1) In this Part:
"amending Act" means the Commission for Children and Young People Amendment Act 2005 .
"repealed Act" means the Child Protection (Prohibited Employment) Act 1998 .
(2) Words and expressions used in this Part have the same meanings as they have in Part 7 of this Act, as amended by the amending Act.

8 Persons convicted of child-related personal violence offences

(1) A person who was, immediately before the commencement of this clause, employed in child-related employment and who had previously been convicted of a child-related personal violence offence does not commit an offence under Part 7 of this Act by remaining in that employment.
(2) An employer who continues to employ a person referred to in subclause (1) is not guilty of an offence under Part 7 of this Act.
(3) However, a person referred to in subclause (1) is a prohibited person in relation to the conviction for the child-related personal violence offence for the purposes of any child-related employment (subject to Subdivision 2 of Division 2 of Part 7) commencing after the commencement of this clause.

9 Existing declarations

(1) An order made under the repealed Act, and in force immediately before the repeal of that Act, continues in force and is taken to have been made under Division 2 of Part 7.
(2) Subclause (1) has effect whether or not the prohibited person the subject of the order is a person in respect of whom an order may be made under that Division.

10 Review of existing orders

Section 33M, as inserted by the amending Act, applies in respect of orders made under the repealed Act and in force immediately before the commencement of that section.

11 General savings

(1) Anything of a kind required or permitted to be done by or under a provision of Division 2 of Part 7 of this Act, as inserted by the amending Act, that was required or permitted to be done under a corresponding provision of the repealed Act and that still had effect immediately before its repeal continues in effect on or after that repeal as if:
(a) Division 2 of Part 7 of this Act had been in force when it was done, and
(b) it had been done by or under the corresponding provision of Division 2 of Part 7 of this Act.
(2) The repeal of the repealed Act does not affect the operation of the repealed Act to the extent that it provided that a person was not liable for an offence under that Act.

Part 6 - Provisions consequent on enactment of Commission for Children and Young People Amendment Act 2007

12 Meaning of “amending Act”

In this Part:
"amending Act" means the Commission for Children and Young People Amendment Act 2007 .

13 Abolition of old Child Death Review Team

The Child Death Review Team constituted as a corporation by section 45B (as in force immediately before the repeal and re-enactment of that section by the amending Act), is abolished.

14 Continuation of existing membership of Child Death Review Team

A person who, immediately before the repeal and re-enactment of section 45B by the amending Act, held office as a member of the Child Death Review Team established by that section continues to hold office as a member of the Child Death Review Team established by section 45B as re-enacted for the balance of his or her term of office, subject to this Act.



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