Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 No 13

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.
2   Commencement
This Act commences on a day or days to be appointed by proclamation.
3   (Repealed)
s 3: Rep 1987 No 15, sec 30C.
1.2 Amendments relating to recommendations 11.1 and 11.3
[1]–[23]   (Repealed)
[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[26]–[33]   (Repealed)
1.3 Amendments relating to recommendations 11.1 (xvii) and 16.16 (i) and (viii)
[1]–[14]   (Repealed)
[15]   Section 172A
Insert after section 172:
172A   Prohibition 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
1.6 Other miscellaneous or consequential amendments
[1]–[6]   (Repealed)
sch 1: Am 1987 No 15, sec 30C; 2009 No 96, Sch 3 [1] [2].
Schedule 2 Amendments relating to recommendations 11.2, 13.1, 13.3, 13.4, 13.9 and 13.12
[1]–[9]   (Repealed)
[10]   Section 15B Children’s Court Clinic
Omit “Attorney General” from section 15B (1).
Insert instead “Minister for Health”.
[11]–[15]   (Repealed)
[16]   Schedule 2, Part 3
Insert after Part 2:
6   Definition
In this Part:
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.
[1]–[3]   (Repealed)
[4]   Clause 33 Composition of Children’s Court Clinic
Omit “Attorney General” wherever occurring.
Insert instead “Minister for Health”.
[5]   (Repealed)
sch 2: Am 1987 No 15, sec 30C; 2009 No 77, Sch 2.4.
Schedule 3 Amendments relating to recommendations 23.3, 23.4 and 23.8
[1]   (Repealed)
[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]   (Repealed)
[11]   Section 45B
Omit the section. Insert instead:
45B   Establishment 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]   (Repealed)
3.3, 3.4
sch 3: Am 1987 No 15, sec 30C; 2009 No 96, Sch 3 [3].