CHILDREN'S SERVICES ACT 1996 - SECT 192 Matters for which regulations or other statutory instruments may make provision

CHILDREN'S SERVICES ACT 1996 - SECT 192

    (1)     If this Act authorises or requires the making of a regulation or other statutory instrument in relation to a matter, a regulation or other statutory instrument made under this Act may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of—

        (a)     an Act, regulation or other statutory instrument; or

        (b)     another document (whether of the same or a different kind)—

as in force at a particular time or as in force from time to time.

    (2)     If a regulation or other statutory instrument applies, adopts or incorporates the provisions of a document, the regulation or other statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the regulation or other statutory instrument otherwise expressly provides.

    (3)     A regulation or other statutory instrument may—

        (a)     apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or

        (b)     apply generally to all persons, matters or things or be limited in its application to—

              (i)     particular persons, matters or things; or

              (ii)     particular classes of persons, matters or things; or

        (c)     otherwise apply generally or be limited in its application by reference to specified exceptions or factors.

    (4)     A regulation or other statutory instrument may—

        (a)     apply differently according to different specified factors; or

        (b)     otherwise make different provision in relation to—

              (i)     different persons, matters or things; or

              (ii)     different classes of persons, matters or things; or

              (iii)     the type or class of children's service and the ages of children being educated and cared for by a service.

    (5)     A regulation or other statutory instrument may authorise a matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or body.

    (6)     If this Act authorises or requires a matter to be regulated by regulation or other statutory instrument, the power may be exercised by prohibiting by regulation or other statutory instrument the matter or any aspect of the matter.

    (7)     If this Act authorises or requires provision to be made with respect to a matter by regulation or other statutory instrument, a regulation or other statutory instrument made under this Act may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Act in relation to another aspect of the matter or in relation to another matter.

    (8)     A regulation or other statutory instrument may provide for the review of, or a right of appeal against, a decision made under the regulation, other statutory instrument, or this Act, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.

    (9)     A regulation or other statutory instrument may require a form prescribed by or under the regulation or other statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.

Pt 7 (Heading and ss 57– 62) amended by Nos 74/2000 s. 3(Sch. 1 item 19), 22/2008 ss 37– 39, substituted by No. 80/2011 s. 58, substituted as Pt 7 (Headings and ss 193– 210) by No. 37/2019 s. 16.

Part 7—Transitional provisions—Children's Services Amendment Act 2019

Division 1—Preliminary

S. 193 inserted by No. 37/2019 s. 16.