2015
2015
2015-11-03
act
government
publicspecial
act.reprint
act-1987-015
allinforce
2015-06-03
2015-06-03
1
2015-11-03
act-1987-015
2015
none
act-2015-029
ab978d10-e712-4fd4-8a17-7def5ad6bb2f
29fc913c-72bd-4617-911f-be9978bb2865
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 3.11.2015.
An Act to amend the Adoption Act 2000, the Child Protection (Working with Children) Act
2012, the Children and
Young Persons (Care and Protection) Act 1998 and other
Acts with respect to the suitability of persons to be carers, adoptive parents
and guardians of children and young people; and for other
purposes.
1Name of
Act
This Act is the Child Protection
Legislation Amendment Act 2015.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Repeal
The Children and
Young Persons (Care and Protection) Amendment (Permanency Planning) Act
2001 No 91 is repealed.
Schedule 1Amendment of Adoption Act 2000 No
75
[1]Whole Act (other than Schedule
3)
Omit “Director-General” and
“Director-General’s” wherever occurring.
Insert instead “Secretary” and
“Secretary’s” respectively.
[2]Chapter 3, Part
3
Insert after section 13:
Part 3Principal officer of
accredited adoption service provider
14Actions of principal officer
taken to be actions of provider
(1)
This section applies to anything done by, or with
the approval of, the principal officer of an accredited adoption service
provider in relation to adoption services.
(2)
Anything to which this section applies is, for
the purposes of this Act and the regulations, taken to be done by the
accredited adoption service provider.
(3)
Nothing in this section affects any personal
liability of the principal officer.
[3]Section
41A
Insert after section 41:
41ADefinitions
In this Part:
applicant means a person whose
application to adopt under this Part:
(a)
has been submitted to the Secretary or a
principal officer, and
(b)
has not been withdrawn or finally dealt with by
the making of, or refusal to make, an adoption
order.
reside on
a property has the same meaning as in the Child Protection (Working with Children) Act
2012.
[4]Section 45 Assessment of
suitability, and selection, of adoptive parents
Omit “resides with the person” from
section 45 (2).
Insert instead “resides on the same
property as the person”.
[5]Sections 45AA and
45AB
Insert after section 45A:
45AAProvision of
information
(1)
Any person (the provider
of information) may provide information to the principal
officer of an accredited adoption service provider or the Secretary about
another person if:
(a)
the provider of information has been notified by
the principal officer or the Secretary that the other person is an applicant
or a person who resides on the same property as an applicant,
or
(b)
the provider of information otherwise reasonably
believes the other person to be an applicant or a person who resides on the
same property as an applicant.
(2)
Information provided under this section may be
used to determine whether the applicant is suitable to adopt a
child.
(3)
Information may be provided under this section
regardless of whether the provider of information has been requested to
provide the information.
(4)
A person who, acting in good faith, provides
information under this section:
(a)
is not liable to any civil or criminal action, or
any disciplinary action, for providing the information,
and
(b)
in providing the information, cannot be held to
have breached any code of professional etiquette or ethics or departed from
any accepted standards of professional conduct.
45ABNotification about other
residents
An applicant must, as soon as reasonably
practicable, notify the Secretary or the principal officer to whom the
application was submitted:
(a)
if any person (other than the applicant or a
person who submitted an application to adopt jointly with the applicant)
resides on the same property as the applicant for 3 weeks or more,
or
(b)
if a person residing on the same property as the
applicant attains the age of 18 years.
[6]Section
45CA
Insert after section 45C:
45CADefinitions
In this Part:
applicant means a person whose
application to adopt under this Part:
(a)
has been submitted to the Secretary or a
principal officer, and
(b)
has not been withdrawn or finally dealt with by
the making of, or refusal to make, an adoption
order.
reside on
a property has the same meaning as in the Child Protection (Working with Children) Act
2012.
[7]Section
45D
Omit the section. Insert instead:
45DApplication to
adopt
The Secretary or the principal officer of an
accredited adoption service provider may, in accordance with the regulations,
invite an authorised carer of a child who is in out-of-home care to submit an
application to adopt the child.
[8]Sections 45GA and
45GB
Insert after section 45G:
45GAProvision of
information
(1)
Any person (the provider
of information) may provide information to the principal
officer of an accredited adoption service provider or the Secretary about
another person if:
(a)
the provider of information has been notified by
the principal officer or the Secretary that the other person is an applicant
or a person who resides on the same property as an applicant,
or
(b)
the provider of information otherwise reasonably
believes the other person to be an applicant or a person who resides on the
same property as an applicant.
(2)
Information provided under this section may be
used to determine whether the applicant is suitable to adopt a
child.
(3)
Information may be provided under this section
regardless of whether the provider of information has been requested to
provide the information.
(4)
A person who, acting in good faith, provides
information under this section:
(a)
is not liable to any civil or criminal action, or
any disciplinary action, for providing the information,
and
(b)
in providing the information, cannot be held to
have breached any code of professional etiquette or ethics or departed from
any accepted standards of professional conduct.
45GBNotification about other
residents
An applicant must, as soon as reasonably
practicable, notify the Secretary or the principal officer to whom the
application was submitted:
(a)
if any person (other than the applicant or a
person who submitted an application to adopt jointly with the applicant)
resides on the same property as the applicant for 3 weeks or more,
or
(b)
if a person residing on the same property as the
applicant attains the age of 18 years.
[9]Section 124A Guardian ad
litem—exclusion of personal liability
Omit “Department of Attorney General and
Justice” from the definition of Guardian
Ad Litem Panel in section 124A (3).
Insert instead “Department of
Justice”.
[10]Schedule 3 Savings,
transitional and other provisions
Insert after clause 26:
Part 8Provisions consequent on
enactment of Child Protection Legislation Amendment
Act 2015
27Principal officer of
accredited adoption service provider
Section 14, as inserted by the Child Protection Legislation Amendment Act
2015, extends to things done by, or with the approval of,
a principal officer before the commencement of that section in the same way as
it applies to things done by, or with the approval of, a principal officer
after that commencement.
28Notification about other
residents
Sections 45AB and 45GB extend to any person
residing on the same property as an applicant who has not been notified to the
Secretary or a principal officer even if that person commenced residing on the
same property as the applicant, or attained the age of 18 years, before the
commencement of the relevant section.
[11]Dictionary
Omit the definition of Director-General. Insert in
alphabetical order:
Secretary means the Secretary of the
Department.
Schedule 2Amendment of Child Protection (Working with Children) Act
2012 No 51
[1]Section 5
Definitions
Omit the definitions of interim bar and working
with children check number from section 5
(1).
Insert in alphabetical order:
accredited adoption service
provider has the same meaning as in the Adoption Act 2000.
application number means the unique
number given to an applicant for a working with children check clearance under
this Act.
carer
applicant has the same meaning as in the Children and Young Persons (Care and Protection) Act
1998.
Department means the Department of
Family and Community Services.
interim
bar means an interim bar imposed under section
17.
notifiable person in relation to an
applicant for a clearance or the holder of a clearance means each of the
following:
(a)
any employer or proposed employer of the
applicant or holder in respect of child-related work,
(b)
if the applicant or holder resides on the same
property as an authorised carer or carer applicant—the designated agency
that authorised the carer or to whom the carer applicant made the
application,
(c)
if the applicant or holder resides on a property
where a home based education and care service or family day care service is
provided—the approved provider of the service,
(d)
if the applicant or holder is a prospective
adoptive parent or an adult resident within the meaning of section
11—the relevant decision-maker (within the meaning of that section) in
relation to the prospective adoptive parent,
(e)
if the applicant or holder is a prospective
guardian or an adult resident within the meaning of section 11A—the
relevant decision-maker (within the meaning of that section) in relation to
the prospective guardian,
(f)
any other person prescribed by the
regulations.
principal
officer of:
(a)
an accredited adoption service provider has the
same meaning as in the Adoption Act 2000,
or
(b)
a designated agency or a registered agency has
the same meaning as in the Children and
Young Persons (Care and Protection) Act
1998.
prospective adoptive parent means a
person who has submitted an application under the Adoption Act 2000 to adopt a child and
whose application has not been withdrawn or finally dealt with by the making
of or refusal to make an adoption order.
prospective guardian has the same
meaning as in the Children and Young Persons (Care and
Protection) Act 1998.
registered agency has the same
meaning as in the Children and Young Persons (Care and
Protection) Act 1998.
reside on
a property has the meaning given by section
5A.
Secretary means the Secretary of the
Department.
working
day means any day that is not a Saturday, Sunday or public
holiday.
working
with children number means the number given for a working
with children check clearance under this Act.
working
with children register means the register established under
section 25.
[2]Section
5A
Insert after section 5:
5AMeaning of “reside on a
property”
(1)
Subject to subsection (2), a person resides
on a property if the person resides (which includes sleep on
a regular or frequent basis) anywhere on the property (whether or not in a
building, caravan, structure, vehicle or other thing).
(2)
The regulations may prescribe circumstances in
which a person is, or is not, taken to reside on a property (including by
prescribing circumstances in which 2 persons are, or are not, taken to be
residing on the same property).
[3]Section 6 Child-related
work
Omit “within the meaning of the Adoption Act 2000” from section 6
(3) (f).
[4]Section 8 Restrictions on
engaging in child-related work
Insert at the end of section 8 (3) (b):
, or
(c)
the offence was consequential on the relevant
accused person being subject to an interim bar, having an application for a
clearance refused or terminated or having a clearance cancelled and, at the
time that the offence was committed, the accused person did not know about the
interim bar, refusal, termination or
cancellation.
[5]Section 9 Employers must
require clearance or current application
Omit “accused person” where secondly
occurring in section 9 (2) (a) and from section 9 (2) (b).
Insert instead
“worker”.
[6]Sections 9A and
9B
Insert after section 9:
9AEmployer must verify worker
has clearance or current application
(1)
An employer must verify, in accordance with this
section, that each worker who carries out, or is to carry out, child-related
work for the employer:
(a)
is the holder of a working with children check
clearance that authorises the work, or
(b)
has made a current application to the
Children’s Guardian for a clearance of a class applicable to that
work.
(2)
For the purposes of any such verification the
employer must ensure that:
(a)
the relevant
details of the worker are obtained by the employer,
being:
(i)
the worker’s full name and date of birth,
and
(ii)
the working with children number of the
worker’s clearance or the application number of the worker’s
current application, and
(b)
the employer has access to the working with
children register, and
Note—
Employers can gain access to the working with
children register by registering online with the Children’s
Guardian.
(c)
such of the relevant details of the worker as may
be required by the Children’s Guardian are entered onto the working with
children register, and
(d)
a record is kept of each of the following
obtained from the working with children register and that record is retained
by the employer for 7 years:
(i)
the working with children number of the
worker,
(ii)
the date on which each clearance of the worker
ceases to have effect.
(3)
Verification in respect of a worker under this
section must occur before the worker commences child-related work and then
again within 5 working days after each clearance of the worker ceases to have
effect under section 22 (1).
(4)
This section does not apply:
(a)
in respect of an employer if the employer is an
individual who is the parent of, or has the care of, a child or young person
and the child-related work relates to that child or young person,
or
(b)
in respect of a worker who is exempted by the
regulations from the requirement to hold a clearance, or
(c)
in respect of an employer who is exempted by the
regulations from this section.
9BGoverning body to ensure
persons appointed to key positions hold clearance
(1)
In this section:
key
position, in an organisation, means each of the
following:
(a)
the chief executive of the
organisation,
(b)
the principal officer—if the organisation
is a designated agency, a registered agency or an accredited adoption service
provider,
(c)
any other position in the organisation that is of
a kind prescribed by the regulations.
(2)
The governing body of an organisation must ensure
that a person is not appointed on a permanent basis to a key position in the
organisation that involves child-related work unless the person is the holder
of a working with children check clearance of a class applicable to that
work.
Maximum penalty: 100 penalty units, in the case
of a corporation, and 50 penalty units in any other
case.
(3)
It is a defence to proceedings for an offence
against subsection (2) if the governing body establishes that, at the time the
offence was committed:
(a)
the governing body had been advised by the
Children’s Guardian that the person was the holder of a clearance,
or
(b)
the working with children register showed that
the person was the holder of a clearance, or
(c)
the governing body was exempted by the
regulations from the requirements of this section or the person was exempted
from the requirement to hold a clearance.
(4)
The governing body of an organisation must ensure
that whenever a person is appointed on a permanent basis to a key position in
the organisation that involves child-related work:
(a)
a record is kept of how the governing body
determined that the person held a working with children check clearance of a
class applicable to that work, and
(b)
that record is retained by the organisation for
at least 7 years.
Maximum penalty: 50 penalty
units.
(5)
Nothing in this section prevents a person being
appointed to a key position on a conditional basis, if there is a current
application for a clearance of an appropriate class and appointment is
conditional on the person obtaining the appropriate clearance as soon as is
reasonably practicable and having that clearance considered by the governing
body.
[7]Section
10
Omit the section. Insert instead:
10Adult persons residing with
authorised carers or persons providing home care
services
(1)
An adult person (other than an exempt person) who
resides on the same property as an authorised carer or on a property where a
home based education and care service or family day care service is provided
must hold a working with children check clearance (of any class) or have made
a current application to the Children’s Guardian for a
clearance.
Maximum penalty: 100 penalty units, or
imprisonment for 2 years, or both.
(2)
The designated agency (that authorised the
authorised carer) or the approved provider (of the home based education and
care service or family day care service) referred to in subsection (1), must
ensure that the adult person complies with that subsection.
Maximum penalty: 100 penalty units, in the case
of a corporation, and 50 penalty units in any other
case.
(3)
For the purposes of this section, a person no
longer has a clearance or a current application for a clearance if an interim
bar is in effect against the person.
(4)
It is a defence to proceedings for an offence
against subsection (1) if the accused person establishes that the accused
person did not know, at the time the offence was committed, that the care or
service referred to in that subsection was provided on that
property.
(5)
It is a defence to proceedings for an offence
under subsection (1) or (2) if the accused person establishes that:
(a)
the adult person had been residing on the
property for less than 3 weeks, or
(b)
the offence was consequential on the adult person
being subject to an interim bar, withdrawing an application, having an
application for a clearance terminated or refused or having a clearance
cancelled and the accused person:
(i)
did not know about the interim bar, withdrawal,
termination, refusal or cancellation, or
(ii)
in the case of an adult person who resides on the
same property as an authorised carer, had not known about the interim bar,
withdrawal, termination, refusal or cancellation for more than 48
hours.
(6)
For the purposes of the application of this Act
(other than section 9) to an adult person required by this section to hold a
clearance, the designated agency or approved provider referred to in
subsection (2) is to be treated as the employer of the adult
person.
(7)
In this section:
exempt
person means a person who is required under another
provision of this Act to, or is exempt from the requirement to, hold a working
with children check clearance.
[8]Section 11 Prospective
adoptive parents and adults residing with them
Omit section 11 (1) (a) and (b). Insert
instead:
(a)
a prospective adoptive parent,
and
(b)
a person (an adult
resident) who resides on the same property as another person
while that other person is a prospective adoptive
parent.
[9]Section 11
(4)
Omit the definition of accredited adoption service
provider.
[10]Section 11 (4), definition of
“relevant decision-maker”
Omit “the Director-General of the
Department of Family and Community Services—the Director-General”
from paragraph (a).
Insert instead “the Secretary—the
Secretary”.
[11]Section 11A Prospective
guardians and adults residing with them
Omit section 11A (1) (a) and (b). Insert
instead:
(a)
a prospective guardian, and
(b)
a person (an adult
resident) who resides on the same property as the
prospective guardian during the period beginning when the application for a
guardianship order relating to that prospective guardian is made under section
79A of the Children and Young Persons (Care and
Protection) Act 1998 and ending when it is finally dealt
with.
[12]Section 11A (4), definition of
“relevant decision-maker”
Omit “the Director-General of the
Department of Family and Community Services—the Director-General”
from paragraph (a).
Insert instead “the Secretary—the
Secretary”.
[13]Section
11B
Insert after section 11A:
11BResponsible agency must verify
person has clearance or current application
(1)
For the purposes of this section, the responsible agency is:
(a)
for any adult person who resides on the same
property as an authorised carer who is authorised by a designated
agency—the designated agency, or
(b)
for any adult person who resides on the same
property as a carer applicant whose application was made to a designated
agency—the designated agency, or
(c)
for any adult person who resides on a property
where a home based education and care service or a family day care service is
provided—the approved provider of the service, or
(d)
for any adult person in respect of whom a
relevant decision-maker (within the meaning of section 11 or 11A) is to be
treated as an employer under either of those sections—the relevant
decision-maker.
(2)
A responsible agency must verify, in accordance
with this section, that each adult person for whom the agency is the
responsible agency:
(a)
is the holder of a working with children check
clearance, or
(b)
has made a current application to the
Children’s Guardian for a clearance.
(3)
For the purposes of any such verification, the
responsible agency must ensure that:
(a)
the relevant
details of the person are obtained by the agency,
being:
(i)
the person’s full name and date of birth,
and
(ii)
the working with children number of the
person’s clearance or the application number of the person’s
current application, and
(b)
the agency has access to the working with
children register, and
Note—
Responsible agencies can gain access to the
register by registering online with the Children’s
Guardian.
(c)
such of the relevant details of the person as may
be required by the Children’s Guardian are entered onto the working with
children register, and
(d)
a record is kept of any of the following obtained
from the working with children register and that record is retained by the
agency for 7 years:
(i)
the working with children number of the
person,
(ii)
the expiry date of any clearance of the
person.
(4)
Verification in respect of an adult person under
this section must occur as soon as practicable after the responsible agency
becomes aware that it is the responsible agency for the person and then again
within 5 working days after each clearance of the person ceases to have effect
under section 22 (1).
(5)
This section does not apply:
(a)
in respect of a person who is exempted by the
regulations from the requirement to hold a clearance, or
(b)
in respect of a responsible agency that is
exempted by the regulations from this section.
[14]
[15]Section
13A
Insert after section 13:
13AEmbargo after refusal of
application or cancellation of clearance
(1)
A person who is refused a working with children
check clearance, or whose clearance is cancelled under section 23, is not
entitled to make a further application for a clearance:
(a)
until 5 years after the date notice of the
refusal or cancellation was given to the person, or
(b)
unless there has been a change of circumstances
under which a further early application is permitted under this
section.
(2)
A further early application is permitted if any
of the following occurs after the date of the refusal or cancellation:
(a)
proceedings that were pending at the date of the
refusal or cancellation are withdrawn or dealt with without the person being
found guilty of the offence,
(b)
a finding of guilt is quashed or set
aside,
(c)
a finding the subject of an assessment
requirement is quashed or set aside or otherwise expressly or impliedly ceases
to have effect,
(d)
the Children’s Guardian permits a person to
make such an application.
[16]Section 15 Assessment of
applicants and holders
Insert after section 15 (4):
(4A)
The Children’s Guardian must not determine
that an applicant does not pose a risk to the safety of children unless the
Children’s Guardian is satisfied that:
(a)
a reasonable person would allow his or her child
to have direct contact with the applicant that was not directly supervised by
another person while the applicant was engaged in any child-related work,
and
(b)
it is in the public interest to make the
determination.
[17]Section 16 Request for further
information
Omit “6 months” from section 16 (2).
Insert instead “3 months”.
[18]Section 16
(3)
Insert after section 16 (2):
(3)
The Children’s Guardian must as soon as
practicable after terminating an application, give written notice of that
termination to the applicant and to each person that the Children’s
Guardian reasonably believes to be a notifiable person in relation to the
applicant.
[19]Section 17 Interim
bars
Omit section 17 (1). Insert instead:
(1)
The Children’s Guardian may, at any time
after receiving an application for a working with children check clearance or
commencing an assessment of an applicant for or holder of a clearance,
determine that the applicant or holder is subject to an interim
bar, being a bar on the applicant or holder doing any of the
following:
(a)
engaging in child-related
work,
(b)
residing on the same property as an authorised
carer,
(c)
residing on a property where a home based
education and care service or family day care service is
provided.
[20]Section 17
(2)
Insert “or resides on a property referred
to in subsection (1) (b) or (c)” after “child-related
work”.
[21]Section 17
(3)
Omit the subsection. Insert instead:
(3)
The Children’s Guardian must as soon as
practicable after determining that an applicant or holder is subject to an
interim bar, give written notice of that determination to the applicant or
holder and to each person that the Children’s Guardian reasonably
believes to be a notifiable person in relation to the applicant or
holder.
[22]Section 17 (4)
(b)
Insert “or refused” after
“granted”.
[23]Section 20 Notice of final
decision granting or refusing clearance
Omit “working with children check
number” from section 20 (2).
Insert instead “working with children
number”.
[24]Section 20
(4)
Omit the subsection. Insert instead:
(4)
The Children’s Guardian must as soon as
practicable after refusing an application, give written notice of that refusal
to the applicant and to each person that the Children’s Guardian
reasonably believes to be a notifiable person in relation to the
applicant.
[25]Section 21 Embargo on further
applications after refusal
Omit the section.
[26]Section 23 Cancellation of
clearances
Omit section 23 (4). Insert instead:
(4)
The Children’s Guardian must as soon as
practicable after cancelling a clearance, give written notice of that
cancellation to each person that the Children’s Guardian reasonably
believes to be a notifiable person in relation to the holder of the
clearance.
[27]Section 24 Surrender of
clearances
Omit section 24 (3). Insert instead:
(3)
The Children’s Guardian must as soon as
practicable after cancelling a clearance, give written notice of that
cancellation to each person that the Children’s Guardian reasonably
believes to be a notifiable person in relation to the holder of the
clearance.
[28]Section 25 Working with
children register
Omit section 25 (2). Insert instead:
(2)
The register must contain the following:
(a)
particulars of applications for working with
children check clearances, including the applicant’s name and date of
birth, the application number, the status of the application (including
whether the applicant is subject to an interim bar) and any determination to
refuse the application,
(b)
particulars of clearances, including the
clearance holder’s name and date of birth, the working with children
number, the class and expiry date of the clearance and whether the clearance
holder is subject to an interim bar or has had a clearance
cancelled.
[29]Section 25 (5) and
(6)
Omit section 25 (5). Insert instead:
(5)
The Children’s Guardian must make
information on the register available to an employer or responsible agency
carrying out a verification in respect of a person under section 9A or 11B to
the extent that the Children’s Guardian considers the information to be
relevant for the purposes of the verification or for informing the employer or
responsible agency of any interim bar, refusal of an application or
cancellation of a clearance.
(6)
The regulations may make provision for or with
respect to the following:
(a)
any additional information that may be contained
on the register,
(b)
the entry of information on the register by
employers or other persons,
(c)
making information on the register publicly
available or available to particular classes of
persons.
[30]Section
26
Omit the section. Insert instead:
26Persons not entitled to apply
for review or enabling order
(1)
The following persons are not entitled to make an
application under this Part:
(a)
a person who has been convicted of any of the
following offences, if the offence was committed as an adult and the person is
a person who satisfies subsection (2):
(i)
murder,
(ii)
an offence against section 61B, 61C, 61D, 61E,
61F, 61I, 61J, 61JA, 61K, 61L, 61M, 61N, 61O, 61P, 63, 65A, 66, 66F, 76, 78A,
78B, 80A, 80D, 80E or 81 of the Crimes Act
1900, if the person against whom the offence was committed
was a child,
(iii)
the common law offence of rape, if the person
against whom the offence was committed was a child,
(iv)
an offence against section 66A, 66B, 66C, 66D,
66EA or 66EB of the Crimes Act
1900,
(v)
an offence against section 67, 68, 71, 72, 72A,
73, 74 or 76A of the Crimes Act
1900,
(vi)
an offence against section 78H, 78I, 78K, 78L,
78M, 78N, 78O or 78Q of the Crimes Act
1900,
(vii)
an offence against section 91D, 91E or 91F of the
Crimes Act 1900,
(viii)
an offence against section 91G, 91H, 578B or 578C
(2A) of the Crimes Act
1900,
(ix)
an offence against section 272.8, 272.10 (if it
relates to an underlying offence against section 272.8) or 272.11 of the
Criminal Code of the
Commonwealth,
(x)
an offence against section 272.9, 272.10 (if it
relates to an underlying offence against section 272.9), 272.11, 272.12,
272.13, 272.14 or 272.15 of the Criminal Code of
the Commonwealth,
(xi)
an offence against section 272.18, 272.19 or
272.20 of the Criminal Code of the Commonwealth, if it
relates to a Class 1 offence within the meaning of the Child
Protection (Offenders Registration) Act
2000,
(xii)
an offence against section 273.5, 273.6, 273.7,
471.16, 471.17, 471.19, 471.20, 471.22, 471.24, 471.25, 474.19, 474.20,
474.22, 474.23, 474.24A, 474.25A, 474.25B, 474.26 or 474.27 of the Criminal
Code of the Commonwealth,
(xiii)
an offence against section 233BAB of the Customs Act
1901 of the Commonwealth involving items of child
pornography or of child abuse material,
(xiv)
an offence an element of which is an intention to
commit an offence listed in subparagraphs
(i)–(xiii),
(xv)
an offence of attempting, or of conspiracy or
incitement, to commit an offence listed in subparagraphs
(i)–(xiii),
(b)
a person who has been convicted of an offence
committed as an adult under a law of another State or a Territory, the
Commonwealth or a foreign jurisdiction that, if committed in New South Wales,
would constitute an offence referred to in paragraph (a) and the person is a
person who satisfies subsection (2),
(c)
a person whose application for a working with
children check clearance has been refused wholly or partly on the grounds that
proceedings have been commenced against the person for an offence specified in
Schedule 2 and the proceedings have not been finally
determined.
(2)
A person convicted of an offence specified in
subsection (1) satisfies this subsection if:
(a)
the person received a sentence of full time
custody for the offence, or
(b)
any of the following orders was imposed on the
person in respect of the offence and the order is in force:
(i)
a home detention order, intensive correction
order or community service order under the Crimes
(Sentencing Procedure) Act 1999, a good behaviour order
under section 9 of that Act or an order under section 12 of that
Act,
(ii)
a conditional release order or recognizance
release order under section 20 of the Crimes Act 1914 of
the Commonwealth, or
(c)
a prohibition order under the Child Protection (Offenders Prohibition Orders) Act
2004 is in force against the
person.
(3)
This section applies to convictions for offences
whether occurring before, on or after the commencement of this
Act.
[31]Section 30 Determination of
applications and other matters
Insert after section 30 (1):
(1A)
The Tribunal may not make an order under this
Part which has the effect of enabling a person (the affected
person) to work with children in accordance with this Act
unless the Tribunal is satisfied that:
(a)
a reasonable person would allow his or her child
to have direct contact with the affected person that was not directly
supervised by another person while the affected person was engaged in any
child-related work, and
(b)
it is in the public interest to make the
order.
[32]Section 35 Notification by
reporting bodies of conduct constituting assessment requirement
trigger
Insert after section 35 (1):
(1A)
It is the duty of a reporting body that is a
designated agency that has authorised a person as an authorised carer, to
notify the Children’s Guardian of the name and other identifying
particulars of each adult person:
(a)
who resides for 3 weeks or more on the same
property as the authorised carer, and
(b)
against whom the reporting body has made a
finding that the adult person has engaged in conduct specified in clause 2 of
Schedule 1.
[33]Section 35 (4), definition of
“reporting body”
Insert after paragraph (c):
(c1)
a designated
agency,
[34]Section 37 Database functions
of Children’s Guardian
Omit section 37 (c). Insert instead:
(c)
collecting and maintaining a database of
employers and other persons who verify information about working with children
check clearances and applications for clearances, including updating,
correcting or removing entries on the database.
[35]Section 38 Children’s
Guardian’s public awareness and advice functions
Insert at the end of the section:
(2)
Without limiting subsection (1), the
Children’s Guardian may make information available to employers and
other persons about matters to consider in relation to employing persons to
work with children.
[36]Section 40A Power to audit
declarations made by exempt workers
Omit “the Department of Family and
Community Services” from section 40A (6) (f).
Insert instead “the
Department”.
[37]Section
42A
Insert after section 42:
42AExpert advisory
panel
(1)
The Children’s Guardian may appoint an
expert advisory panel to provide advice to the Children’s Guardian about
matters relating to offenders for the purposes of assisting the
Children’s Guardian in carrying out risk assessments and exercising
functions under this Act.
(2)
The advice provided is not to relate to
particular individuals.
(3)
The Children’s Guardian may make advice
provided by the expert advisory panel available to the Tribunal, on the
initiative of the Children’s Guardian or at the request of the
Tribunal.
(4)
The Children’s Guardian and the Tribunal
may, when exercising functions under this Act, consider any advice provided by
the expert advisory panel.
(5)
The terms of the appointment and any remuneration
of members of the expert advisory panel are to be determined by the
Children’s Guardian and must be approved by the
Minister.
[38]Section 48A Reports under
Children and Young Persons (Care and Protection) Act
1998
Omit “the Director-General of the
Department of Family and Community Services” from section 48A
(1).
Insert instead “the
Secretary”.
[39]Section 48A
(1A)
Insert after section 48A (1):
(1A)
Any information about or in connection with a
person (who the Children’s Guardian reasonably believes to be any one or
more of the following) that has been obtained or used by the Children’s
Guardian in the course of exercising functions under this Act, may be
disclosed to the Secretary for the purposes of the Secretary exercising
functions under Chapter 4 of the Children and
Young Persons (Care and Protection) Act 1998:
(a)
a person who is or has been an authorised carer,
a carer applicant, a prospective adoptive parent, a guardian or a prospective
guardian,
(b)
a person who resides or has resided on the same
property as another person while that other person is or was an authorised
carer, a carer applicant, a prospective adoptive parent, a guardian or a
prospective guardian.
[40]Section 48A
(3)
Insert after section 48A (2):
(3)
In this section:
guardian has the same meaning as in
section 79A of the Children and Young Persons (Care and
Protection) Act 1998.
[41]Section 51 Service of
documents
Omit “working with children check
number” from section 51 (2).
Insert instead “working with children
number”.
[42]Schedule 2 Disqualifying
offences
Omit clause 1 (1) (z). Insert instead:
(z)
an offence under a law of another State or a
Territory, the Commonwealth or a foreign jurisdiction that, if committed in
New South Wales, would constitute an offence listed in this
clause,
[43]Schedule 2, clause 1 (1)
(ac)
Insert after clause 1 (1) (ab):
(ac)
any other offence that is a registrable offence
within the meaning of the Child Protection (Offenders
Registration) Act 2000, if the offence was committed as an
adult.
[44]Schedule 3 Savings,
transitional and other provisions
Omit clause 3.
[45]Schedule 3, clause 4
(4)
Omit the subclause. Insert instead:
(4)
This clause does not apply to a person
who:
(a)
is a disqualified person, or
(b)
is or has been subject to an interim bar,
or
(c)
has had an application for a working with
children check clearance refused, or
(d)
has had a working with children check clearance
cancelled.
[46]
sch 2: Am 1987 No 15,
sec 30C.
Schedule 3Amendment of Children and Young Persons (Care and Protection) Act
1998 No 157
[1]Whole Act (other than Schedule
3)
Omit “Director-General” and
“Director-General’s” wherever occurring.
Insert instead “Secretary” and
“Secretary’s” respectively.
[2]Section 3
Definitions
Omit the definition of Director-General from section 3
(1).
Insert in alphabetical order:
accredited adoption service
provider has the same meaning as in the Adoption Act 2000.
carer
applicant means a person who has applied to a designated
agency to be authorised as an authorised carer and whose application has not
been withdrawn or finally determined.
guardian—see section
79A.
principal
officer—see section 5A.
prospective guardian means a person
whose suitability to have parental responsibility for a child or young person
allocated to the person under a guardianship order is being considered
(whether by the Secretary, a designated agency or the Children’s Court)
and who has agreed to an assessment of the person’s suitability under
section 79B (1A).
registered agency means any of the
following that is registered for the time being by the Children’s
Guardian in accordance with section 181 (1) (f):
(a)
a Public Service agency (or part of a Public
Service agency),
(b)
an organisation (or part of an organisation) that
provides or arranges voluntary out-of-home care.
Secretary means the Secretary of the
Department.
[3]Section
5A
Insert after section 5:
5AMeaning of “principal
officer”
(1)
In this Act, the principal
officer of a designated agency means:
(a)
in the case of a designated agency that does not
provide or arrange voluntary out-of-home care—the person who has the
overall supervision of the agency’s arrangements for providing statutory
out-of-home care and supported out-of-home care, or
(b)
in the case of any other designated
agency:
(i)
the person who has the overall supervision of the
agency’s arrangements for providing statutory out-of-home care and
supported out-of-home care, and
(ii)
if a different person has the overall supervision
of the agency’s arrangements for providing and arranging voluntary
out-of-home care—that other person.
(2)
In this Act, the principal
officer of a registered agency means the person who has the
overall supervision of the agency’s arrangements for providing and
arranging voluntary out-of-home care.
(3)
If more than one person is the principal officer
of a designated agency under subsection (1) (b), any reference in this or any
other Act to the principal officer of the designated agency is a reference to
each of those persons, unless the reference:
(a)
relates only to statutory out-of-home care or
supported out-of-home care (or both), in which case it is a reference to the
person referred to in subsection (1) (b) (i), or
(b)
relates only to voluntary out-of-home care, in
which case it is a reference to the person referred to in subsection (1) (b)
(ii).
(4)
Anything done by, or with the approval of, the
principal officer of a designated agency or a registered agency in relation to
out-of-home care is, for the purposes of this Act and the regulations, taken
to be done by the designated agency or registered agency
concerned.
(5)
Nothing in subsection (4) affects any personal
liability of the principal officer.
[4]Section 79 Order (other than
guardianship order) allocating parental responsibility
Insert after section 79 (4):
(4A)
The Children’s Court must not make an order
under this section allocating any aspect of parental responsibility to an
organisation or to the principal officer of a designated agency (other than
the Secretary).
[5]Section 79A Allocation of
parental responsibility by guardianship order
Omit the definition of prospective guardian from section
79A (1).
[6]Section 79B Applications for
guardianship orders
Omit section 79B (1) (c). Insert instead:
(c)
with the written consent of the Secretary—a
person who is seeking to be allocated all aspects of parental responsibility
for the child or young person.
Note—
An authorised carer may be such a
person.
[7]Section 79B
(1A)
Insert after section 79B (1):
(1A)
The Secretary must not make an application, or
give consent to the making of an application, under subsection (1) unless
satisfied that the person to whom parental responsibilty for the child or
young person is to be allocated has agreed to undergo, and has satisfied, such
suitability assessments as may be prescribed by the
regulations.
[8]Section 79B (9)
(b)
Omit the paragraph. Insert instead:
(b)
the arrangements for contact between the child or
young person and his or her parents, relatives and friends and other persons
connected with the child or young person (including where relevant, any
contact order made under section 86 by the Children’s Court or contact
variation agreement made under section 86A),
[9]Section
79D
Insert after section 79C:
79DProspective guardian must
notify Secretary of resident
(1)
A prospective guardian must, as soon as
reasonably practicable, notify the Secretary:
(a)
if any person (other than the prospective
guardian and any other prospective guardian of the child or young person)
resides on the same property as the prospective guardian for 3 weeks or more,
or
(b)
if a person residing on the same property as the
prospective guardian attains the age of 18 years.
(2)
This section does not apply to a prospective
guardian who is authorised as an authorised carer by a designated agency if
the designated agency is also responsible for supervising the placement of the
child or young person for whom parental responsibility is being sought by the
prospective guardian.
Note—
See section 137 (3) in the case of authorised
carers authorised by a designated agency.
(3)
For the purposes of this section:
reside on
a property has the same meaning as in the Child Protection (Working with Children) Act
2012.
[10]Section 101A Guardian ad
litem—exclusion of personal liability
Omit “Department of Attorney General and
Justice” from the definition of Guardian
Ad Litem Panel in section 101A (3).
Insert instead “Department of
Justice”.
[11]Section 137 Authorised
carers
Insert after section 137 (2) (b):
(b1)
the authorisation of persons, by designated
agencies, as authorised carers on a provisional
basis,
[12]Section 137 (2)
(e)
Insert “, including prescribing events, the
occurrence of which, raise a presumption that an authorisation is to be
cancelled” after “authorisation”.
[13]Section 137 (3) and
(4)
Omit the subsections. Insert instead:
(3)
In the case of an authorised carer who is
authorised by a designated agency, it is a condition of the authorisation that
the carer must, as soon as reasonably practicable, notify the designated
agency:
(a)
if any person (other than the carer) resides on
the same property as the carer for 3 weeks or more, or
(b)
if a person residing on the same property as the
carer attains the age of 18 years.
Note—
See section 10 of the Child
Protection (Working with Children) Act 2012 which requires
that an adult person who resides on the same property as an authorised carer
for more than 3 weeks must hold a working with children check
clearance.
(4)
For the purposes of this section:
reside on
a property has the same meaning as in the Child Protection (Working with Children) Act
2012.
[14]Section 139 Designated
agencies
Omit section 139 (1). Insert instead:
(1)
In this Act, designated agency means:
(a)
a Public Service agency (or part of a Public
Service agency), or
(b)
an organisation (or part of an organisation) that
arranges the provision of out-of-home care,
if the agency or organisation (or part of the agency or
organisation) is accredited for the time being in accordance with the
regulations.
[15]Section 156
Preliminary
Omit the definition of relevant agency from section 156
(1). Insert instead:
relevant
agency means a designated agency or a registered
agency.
[16]Section 156 (2)
(b)
Omit the paragraph. Insert instead:
(b)
the registration of a Public Service agency or an
organisation (or part of any such agency or organisation) as a registered
agency for the purposes of this Part.
[17]Section
171A
Insert after section 171:
171APrincipal officer of
designated agency must not reside with children under agency’s
care
(1)
The principal officer of a designated agency must
not reside on the same property as a child or young person who is in
out-of-home care supervised by the designated agency.
Maximum penalty: 200 penalty
units.
(2)
Subsection (1) does not apply if the principal
officer resides with the child or young person at a facility of the designated
agency at which out-of-home care is provided.
(3)
In this section:
reside on
a property has the same meaning as in the Child Protection (Working with Children) Act
2012.
[18]Section 186A Referral of
matters to police and other investigative agencies
Omit “of the Department of Family and
Community Services” from section 186A (2).
[19]Section 245 Decisions that are
administratively reviewable by Civil and Administrative
Tribunal
Omit section 245 (1) (a) and (b). Insert
instead:
(a)
a decision of the relevant decision-maker to
suspend a person’s authorisation as an authorised carer or to impose
conditions on a person’s authorisation,
(a1)
a decision of the relevant decision-maker to
cancel a person’s authorisation as an authorised carer, other than a
decision to cancel an authorisation granted on a provisional basis or a
decision to cancel an authorisation on the occurrence of an event prescribed
under section 137 (2) (e),
(b)
a decision of the relevant decision-maker to
accredit or not to accredit a Public Service agency or an organisation (or
part of a Public Service agency or organisation) as a designated
agency,
[20]Section 245B
Interpretation
Omit “or organisation” from paragraph
(b) of the definition of prescribed body in section 245B
(1).
Insert instead “, organisation or
person”.
[21]Section
245CA
Insert after section 245C:
245CAProvision of information by
any person
(1)
This section applies to the following
persons:
(a)
an authorised carer or a carer
applicant,
(b)
a guardian or a prospective
guardian,
(c)
a person who resides on the same property as a
person referred to in paragraph (a) or (b).
(2)
Any person (the provider
of information) may provide information to a designated
agency about another person if the provider of information:
(a)
has been notified by the designated agency, the
Children’s Guardian or the Secretary that the other person is a person
to whom this section applies, or
(b)
otherwise reasonably believes the other person to
be a person to whom this section applies.
(3)
A designated agency may use any such information
to determine whether a person is suitable to be, or to continue to be, an
authorised carer or guardian.
(4)
Information may be provided under this section
regardless of whether the provider has been requested to provide the
information.
(5)
For the purposes of this section:
reside on
a property has the same meaning as in the Child Protection (Working with Children) Act
2012.
[22]Section 248 Provision and
exchange of information
Omit “Division of the Government
Service” from paragraph (a) of the definition of prescribed body in section 248
(6).
Insert instead “Public Service
agency”.
[23]Section
248B
Insert after section 248A:
248BDisclosure of information to
bodies in other jurisdictions
(1)
In this section:
assessment information means
information relevant to assessing the suitability of a person to be an
adoptive parent (within the meaning of the Adoption Act
2000), an authorised carer or a guardian or the equivalent
of any of these in another jurisdiction and may include information about the
person and any other person who resides on the same property as the
person.
reside on
a property has the same meaning as in the Child Protection (Working with Children) Act
2012.
State
child protection body means the following:
(a)
the Department,
(b)
the Children’s
Guardian,
(c)
each designated agency,
(d)
each accredited adoption service
provider.
(2)
The object of this section is to provide for the
exchange of assessment information between State child protection bodies and
bodies that arrange or provide child protection, out-of-home care,
guardianship or adoption services in other
jurisdictions.
(3)
The Minister may, by order published in the
Gazette, make protocols setting out the circumstances under which assessment
information may be exchanged under this section.
(4)
The protocols may contain recommended privacy
standards for bodies in other jurisdictions and may prohibit the disclosure of
information under this section to bodies that do not adopt those
standards.
(5)
The Minister is to consult with the Privacy
Commissioner in the preparation of the protocols.
(6)
A State child protection body may exchange
assessment information with bodies that arrange or provide child protection,
out-of-home care, guardianship or adoption services in other jurisdictions,
but only if the exchange is in accordance with the
protocols.
(7)
Section 245G applies to a person who, acting in
good faith, exchanges information in accordance with this section in the same
way as it applies to a person who, acting in good faith, provides information
under Chapter 16A.
(8)
Nothing in this section limits an exchange of
assessment information that is otherwise permitted under any Act or
law.
Note—
See for example section
231V.
[24]Section 264
Regulations
Omit section 264 (1A) (k). Insert instead:
(j)
the appointment of principal officers and other
officers by designated agencies and registered agencies and the licensing of
those principal officers,
(k)
the register under section 181 (1) (d), including
the information that is to be included on the register, the circumstances in
which persons are required to enter information on the register, access to,
and disclosure of, information on the register and any requirements for
consultation with the Ombudsman in relation to the register or information
held on the register.
[25]Schedule 3 Savings,
transitional and other provisions
Omit “that authorised person and his or her
spouse” from clause 35 (1).
Insert instead “that relative or
kin”.
[26]Schedule 3, clause 35
(1A)
Insert after clause 35 (1):
(1A)
A guardianship order that is taken to have been
made under subclause (1) is taken to have allocated aspects of parental
responsibility to the relevant relative or kin referred to in that subclause
only and not to any other person.
[27]Schedule 3, clause
36
Omit “clause 34”. Insert instead
“clause 35”.
[28]Schedule 3, Part
11
Insert after clause 39:
Part 11Provisions consequent on
enactment of Child Protection Legislation Amendment
Act 2015
40Definition
In this Part:
amending
Act means the Child Protection
Legislation Amendment Act 2015.
41Principal
officer
Section 5A (4) extends to things done by, or with
the approval of, a principal officer before the commencement of that
subsection in the same way as it applies to things done by, or with the
approval of, a principal officer after that
commencement.
42Notification of other
residents
(1)
Section 79D extends to any person residing on the
same property as the prospective guardian who has not been notified to the
designated agency even if that person commenced residing on the property, or
attained the age of 18 years, before the commencement of that
section.
(2)
Section 137 (3), as substituted by the amending
Act, extends to any person residing on the same property as the authorised
carer who has not been notified to the designated agency even if that person
commenced residing on the property, or attained the age of 18 years, before
that substitution.
43Reviews by
NCAT
Section 245 (1), as in force immediately before
it was amended by the amending Act, continues to apply in respect of any
decision made before that amendment.
Schedule 4Amendment of Community Services (Complaints, Reviews and Monitoring) Act
1993 No 2
[1]Section 8A Provision of
information to Children’s Guardian
Omit section 8A (1). Insert instead:
(1)
This section applies to information of a class
that the Children’s Guardian has determined is information that is
relevant to the exercise of the functions of the Children’s Guardian in
connection with the accreditation or registration of a designated agency or
registered agency under the Children and
Young Persons (Care and Protection) Act
1998.
(1A)
An Official Community Visitor is required to
provide to the Children’s Guardian, and the Children’s Guardian is
authorised to collect and use, any information belonging to a class referred
to in subsection (1), but only if the Children’s Guardian has notified
the Official Community Visitor that the information belongs to such a
class.
[2]Section 22 Complaints about
service providers
Insert at the end of the section:
(6)
For the avoidance of doubt, subsection (1)
extends to a complaint about any decision of a designated agency in respect of
the authorisation of a person as an authorised carer under the Children and Young Persons (Care and Protection) Act
1998.
[3]Schedule 1 Savings and
transitional provisions
Insert after clause 18:
Part 6Child
Protection Legislation Amendment Act
2015
19Provision of information to
Children’s Guardian
Section 8A (1A) extends to information obtained
by an Official Community Visitor before the commencement of that
subsection.
Schedule 5Amendment of Ombudsman Act 1974 No
68
[1]Section 25A
Definitions
Insert in alphabetical order in section 25A
(1):
parent of a child means a person
having parental responsibility (within the meaning of the Children and Young Persons (Care and Protection) Act
1998) for the child.
[2]Section
25AAA
Insert after section 25A:
25AAAPart extends to persons who
reside with authorised carers
(1)
This Part applies to an individual (other than a
child) who resides for 3 weeks or more on the same property as an authorised
carer in the same way as this Part applies to an employee and in any such case
the individual is, for the purposes of this Part, taken to be an employee of
the designated agency that authorised the authorised
carer.
(2)
In this section:
authorised carer means a person who
is authorised as an authorised carer by a designated agency under section 137
of the Children and Young Persons (Care and
Protection) Act 1998 and who cares for children or young
persons in his or her private capacity.
reside on
a property has the same meaning as in the Child Protection (Working with Children) Act
2012.
[3]Section
25GA
Insert after section 25G:
25GADisclosure of information
about investigations to children, parents and carers
(1)
This section applies to the following information
in relation to an investigation by the Ombudsman, a designated government
agency or a designated non-government agency concerning a reportable
allegation:
(a)
information about the progress of the
investigation,
(b)
the findings of the
investigation,
(c)
any action taken in response to those
findings.
(2)
The Ombudsman, the head of a designated
government agency or the head of a designated non-government agency may
disclose information to which this section applies to any one or more of the
following persons:
(a)
the child who was allegedly the subject of the
reportable conduct or misconduct forming the basis of the reportable
allegation,
(b)
any parent of the child,
(c)
if the child is in out-of-home care (within the
meaning of the Children and Young Persons (Care and
Protection) Act 1998)—any authorised carer (within
the meaning of that Act) that provides that out-of-home
care.
(3)
Nothing in this section limits any disclosure
that may otherwise be made under any Act or law.
Note—
See Chapter 16A of the Children and Young Persons (Care and Protection) Act
1998, which authorises agencies to exchange information to
facilitate the provision of services to children and young
persons.
(4)
In this section:
reportable allegation includes an
allegation of conduct or misconduct that may involve any of the following
conduct:
(a)
conduct that is reasonable for the purposes of
the discipline, management or care of children, having regard to the age,
maturity, health or other characteristics of the children and to any relevant
codes of conduct or professional standards,
(b)
the use of physical force that, in all the
circumstances, is trivial or negligible, but only if the matter is to be
investigated and the result of the investigation recorded under workplace
employment procedures,
(c)
conduct of a class or kind exempted from being
reportable conduct by the Ombudsman under section
25CA.
[4]Section
25WA
Insert after section 25W:
25WADisclosure of information
about investigations to persons with disability
(1)
This section applies to the following information
in relation to an investigation by the Ombudsman, the Department or a funded
provider concerning a reportable allegation:
(a)
information about the progress of the
investigation,
(b)
the findings of the
investigation,
(c)
any action taken in response to those
findings.
(2)
The Ombudsman, the Secretary or the head of a
funded provider may disclose information to which this section applies to any
one or more of the following persons:
(a)
the person with a disability who was allegedly
the subject of the reportable incident or behaviour forming the basis of the
reportable allegation,
(b)
any person nominated by the person with a
disability to receive the information,
(c)
if the Ombudsman, the Secretary or the head of a
funded provider has a reasonable belief that the person with the disability
does not have the capacity to understand the information or to nominate a
person under paragraph (b):
(i)
a guardian (within the meaning of the Guardianship Act 1987) of the person
with a disability, or
(ii)
a person who holds an enduring power of attorney
in respect of the person with a disability, or
(iii)
a person who is authorised to make legal or
financial decisions on behalf of the person with a disability,
or
(iv)
a close friend or relative of the person with a
disability (being a friend or relative of the person who maintains both a
close personal relationship with the person through frequent personal contact
and a personal interest in the person’s welfare and who does not provide
support to the person wholly or substantially on a commercial
basis).
(3)
Nothing in this section limits any disclosure
that may otherwise be made under any other Act or law.
(4)
In this section:
reportable allegation includes an
allegation against a person of an incident that is exempt under section 25S
from being a reportable incident or an allegation of behaviour that may
involve such an incident.
[5]Schedule 2 Savings and
transitional provisions
Insert after clause 5:
6Child
Protection Legislation Amendment Act
2015
(1)
Section 25GA extends to information in relation
to an investigation that commenced before the commencement of that
section.
(2)
Section 25WA extends to information in relation
to an investigation that commenced before the commencement of that
section.
Historical
notes
Table of amending
instruments
Child Protection
Legislation Amendment Act 2015 No 29. Assented to
28.9.2015. Date of commencement, except Sch 2 [14] and [46], 2.11.2015, sec 2
and 2015 (619) LW 15.10.2015; date of commencement of Sch 2 [14] and [46],
15.10.2015, sec 2 and 2015 (619) LW 15.10.2015.
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of
amendments
Sch
2
Am 1987 No
15, sec 30C.