New South Wales Consolidated Acts

CHILDREN LEGISLATION AMENDMENT (WOOD INQUIRY RECOMMENDATIONS) ACT 2009 - SCHEDULE 2

SCHEDULE 2 – Amendments relating to recommendations 11.2, 13.1, 13.3, 13.4, 13.9 and 13.12

2.1 - Amendment of Children and Young Persons (Care and Protection) Act 1998 No 157

[1] Section 45 Application to Children’s Court for care order

Omit “the Director-General must apply to the Children’s Court at the first available opportunity, but no later than the next sitting day of the Children’s Court after the removal or assumption of care responsibility by the Director-General,” from section 45 (1).
Insert instead “the Director-General must, no later than 72 hours after the removal or assumption of care responsibility, make a care application in the Children’s Court”.

[2] Section 61 Applications for care orders

Omit section 61 (2). Insert instead:

(2) A care application must:

(a) specify the particular care order sought and the grounds on which it is sought, and

(b) without limiting paragraph (a), be accompanied by a written report specifying such information as may be prescribed for the purposes of this section by the rules made under the Children’s Court Act 1987 .

2.2 - Amendment of Children’s Court Act 1987 No 53

[7] Section 10A Children’s Registrars

Insert after section 10A (1):

(1A) A person cannot be employed as a Children’s Registrar unless the person is an Australian lawyer.

[10] Section 15B Children’s Court Clinic

Omit “Attorney General” from section 15B (1).
Insert instead “Minister for Health”.

[16] Schedule 2, Part 3

Insert after Part 2:

Part 3 - Provisions consequent on enactment of Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009

6 Definition In this Part:
"amending Act" means the Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 .

7 Provisions relating to abolished office of Senior Children’s Magistrate

(1) In accordance with section 56 (2) of the Constitution Act 1902 , the person who, immediately before the repeal of section 8 of this Act by the amending Act, held office as Senior Children’s Magistrate is entitled (without loss of remuneration) to hold office as a Magistrate or Children’s Magistrate for the remainder of the term for which the person was appointed as Senior Children’s Magistrate.

(2) A reference to the Senior Children’s Magistrate in any other Act (other than the Constitution Act 1902 ) or statutory instrument is to be construed as a reference to the President.

8 Provisions relating to Children’s Court Clinic The regulations made under clause 1 (1) may make provision for or with respect to:

(a) transferring the staff of the Children’s Court Clinic, and

(b) requiring references to the Children’s Court Clinic in this or any other Act or statutory instrument, or any other instrument, or any contract or agreement, to be construed as a reference,

to such public sector agency (or part of a public sector agency) as may be prescribed by the regulations.

2.3-2.5

2.6 - Amendment of Children’s Court Rule 2000

[3] Clause 21

Omit the clause. Insert instead:

21 Report to accompany care applications For the purposes of section 61 (2) of the Children and Young Persons (Care and Protection) Act 1998 , the report that is required to accompany a care application must:

(a) provide a summary of the facts, matters and circumstances on which the applicant intends to rely, and

(b) state whether or not the child or young person to whom the application relates is currently the subject of an order made by:

(i) the Court in the exercise of its jurisdiction under the Children and Young Persons (Care and Protection) Act 1998 , or

(ii) any other Court in the exercise of its jurisdiction with respect to the custody or guardianship of children or parental responsibility for children.

[4] Clause 33 Composition of Children’s Court Clinic

Omit “Attorney General” wherever occurring.
Insert instead “Minister for Health”.

[5] Clause 40 Deputies

Omit “, or the deputy of the Director of the Children’s Court Clinic” from clause 40 (1).