2009
2009
2010-12-16
act
government
publicspecial
act.reprint
act-1987-015
partuncommenced
2009-03-05
2009-03-05
1
2009
none
act-2009-013
eb52a53d-a702-4d82-9302-49aa8218eb16
971d0e00-bdef-44f4-8ca8-85fb7144e72a
Does not include amendments
by:
Children and
Young Persons (Care and Protection) Amendment Act 2010 No
105 (not commenced — to commence on 1.1.2011)
Statute Law (Miscellaneous Provisions)
Act (No 2) 2010 No 119 (not commenced — to commence
on 7.1.2011)
Note—
Amending Acts and amending provisions are subject
to automatic repeal pursuant to sec 30C of the Interpretation
Act 1987 No 15 once the amendments have taken
effect.
An Act to amend the Children and Young Persons (Care and Protection) Act
1998 and other legislation to give effect to
recommendations of the Special Commission of Inquiry into Child Protection
Services in NSW; and for other purposes.
1Name of
Act
This Act is the Children
Legislation Amendment (Wood Inquiry Recommendations) Act
2009.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3
s 3: Rep 1987 No 15,
sec 30C.
Schedule 1Amendment of Children and Young Persons (Care and Protection) Act
1998 No 157
1.1
1.2Amendments relating to
recommendations 11.1 and 11.3
[1]–[23]
[24]Section 86 Contact
orders
Insert after section 86 (1):
(1A)
The Children’s Court may make an order of
the kind referred to in subsection (1) (a) only if:
(a)
it is made as an interim order pending the
conclusion of the proceedings, or
(b)
the Court has, under section 83, approved a
permanency plan involving restoration in relation to that child or young
person.
[25]Section 86 (5) and
(6)
Insert after section 86 (4):
(5)
The regulations may make provision for or with
respect to the referral, to alternative dispute resolution services, of
disputes arising out of contact between a child or young person who is in
out-of-home care and his or her parents or other family
members.
(6)
Any such regulation is to apply only in relation
to matters in respect of which the Children’s Court does not have power
to make a contact order under this section.
[26]–[33]
1.3Amendments relating to
recommendations 11.1 (xvii) and 16.16 (i) and (viii)
[1]–[14]
[15]Section
172A
Insert after section 172:
172AProhibition on parents placing
children or young persons in out-of-home care provided by unauthorised
organisations
A parent of a child or young person must not
cause or permit, or make arrangements for, the child or young person to be
placed in out-of-home care that is provided or arranged by an organisation
unless the organisation is a relevant agency within the meaning of section
156.
Maximum penalty: 200 penalty
units.
1.4, 1.5
1.6Other miscellaneous or
consequential amendments
[1]–[6]
sch 1: Am 1987 No 15,
sec 30C; 2009 No 96, Sch 3 [1] [2].
Schedule 2Amendments relating to
recommendations 11.2, 13.1, 13.3, 13.4, 13.9 and 13.12
2.1Amendment of Children and Young Persons (Care and Protection) Act
1998 No 157
[1]–[4]
2.2Amendment of Children’s Court Act 1987 No
53
[1]–[9]
[10]Section 15B Children’s
Court Clinic
Omit “Attorney General” from section
15B (1).
Insert instead “Minister for
Health”.
[11]–[15]
[16]Schedule 2, Part
3
Insert after Part 2:
Part 3Provisions consequent on
enactment of Children Legislation Amendment (Wood
Inquiry Recommendations) Act 2009
6Definition
In this Part:
amending
Act means the Children
Legislation Amendment (Wood Inquiry Recommendations) Act
2009.
7Provisions 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.
8Provisions 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
2.6Amendment of Children’s Court Rule
2000
[1]–[3]
[4]Clause 33 Composition of
Children’s Court Clinic
Omit “Attorney General” wherever
occurring.
Insert instead “Minister for
Health”.
[5]
sch 2: Am 1987 No 15,
sec 30C; 2009 No 77, Sch 2.4.
Schedule 3Amendments relating to
recommendations 23.3, 23.4 and 23.8
3.1Amendment of Commission for Children and Young People Act
1998 No 146
[1]
[2]Section 11
(k)
Omit the paragraph.
[3]Sections 15 (1) and 15A
(1)
Omit “(other than its functions under
section 11 (k))” wherever occurring.
[4]–[10]
[11]Section
45B
Omit the section. Insert instead:
45BEstablishment of the
Team
The Child Death Review Team is established by
this Act.
[12]Section 45C Composition of the
Team
Omit section 45C (1). Insert instead:
(1)
The Team is to consist of the following
members:
(a)
the Ombudsman, who is to be the Convenor of the
Team,
(b)
the Commissioner,
(c)
such other persons as may be appointed by the
Minister.
(1A)
The Team is to be supported and assisted in the
exercise of its functions by members of staff of the Ombudsman’s
Office.
[13]Sections 45C
(6)
Insert “and the Commissioner” after
“the Convenor” wherever occurring.
[14]Sections 45E, 45G and
45H
Insert “or the Commissioner” after
“the Convenor” wherever occurring.
[15]Section 45F
Remuneration
Insert “, the Commissioner” after
“the Convenor”.
[16]Section 45N Functions of the
Team
Omit section 45N (3).
[17]Section 45S Preparation and
presentation of reports
Omit “or as part of a report of the
Commission under Part 5” from section 45S (3).
[18]Section 45U Confidentiality of
information
Omit section 45U (1) (c)
(iv).
[19]
3.2Amendment of Community Services (Complaints, Reviews and Monitoring) Act
1993 No 2
[1]–[5]
3.3, 3.4
sch 3: Am 1987 No 15,
sec 30C; 2009 No 96, Sch 3 [3].
Historical
notes
Table of amending
instruments
Children
Legislation Amendment (Wood Inquiry Recommendations) Act 2009 No
13. Assented to 7.4.2009. Date of commencement of sec 3, 30.6.2010,
sec 2 and 2010 (304) LW 25.6.2010; date of commencement of Schs 1.1, 1.2
[1]–[23] and [26]–[33], 1.3 [1]–[14], 1.4, 1.6 [1] [3] and
[4], 2.1 [1] and [2], 2.2 [7], 2.6 [3] and [5] and 3.2 [1], 24.1.2010, sec 2
and 2010 (8) LW 22.1.2010; date of commencement of Sch 1.5 and 1.6 [2] and
[6], 30.10.2009, sec 2 and 2009 (520) LW 30.10.2009; date of commencement of
Schs 1.6 [5], 3.1 [1] [4]–[10] and [19], 3.3 and 3.4, 31.3.2010, sec 2
and 2010 (8) LW 22.1.2010; Sch 2.1 [3] was not commenced and was repealed by
the Courts and Crimes Legislation Amendment Act 2009
No 77; date of commencement of Sch 2.1 [4], 2.2 [1]–[6] [8] [9]
[11]–[15] and [16] (except to the extent that it would insert cl 8 into
Sch 2 to the Children’s Court Act
1987), 2.3–2.5 and 2.6 [1] and [2], 1.6.2009, sec 2
and 2009 (178) LW 22.5.2009; date of commencement of Sch 3.2 [2]–[5],
1.7.2009, sec 2 and 2009 (252) LW 26.6.2009; date of commencement of the
remainder: not in force. This Act has been amended as follows:
2009
No
77
Courts and Crimes
Legislation Amendment Act 2009. Assented to
3.11.2009.
Date of commencement of Sch 2.4, assent, sec 2
(1).
No
96
Public Sector
Restructure (Miscellaneous Acts Amendments) Act 2009.
Assented to 30.11.2009.
Date of commencement of Sch 3, assent, sec 2
(1).
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of
amendments
Sec
3
Rep 1987 No
15, sec 30C.
Sch
1
Am 1987 No
15, sec 30C; 2009 No 96, Sch 3 [1] [2].
Sch
2
Am 1987 No
15, sec 30C; 2009 No 77, Sch 2.4.
Sch
3
Am 1987 No
15, sec 30C; 2009 No 96, Sch 3 [3].