An Act to repeal the Children (Care and Protection) Act 1987; to amend the Children’s Court Act 1987; and to amend certain other Acts as a consequence of the enactment of the Children and Young Persons (Care and Protection) Act 1998.
1 Name of Act
This Act is the Children and Young Persons Legislation (Repeal and Amendment) Act 1998.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Repeal of Children (Care and Protection) Act 1987 No 54
(1) The Children (Care and Protection) Act 1987 is repealed.(2) Different days may be appointed for the commencement of subsection (1) for the purpose of repealing, on different days, different provisions of the Children (Care and Protection) Act 1987.(3) For the purpose of giving effect to the amendment made by section 5 and Schedule 2.7, and despite the terms of that amendment:(a) a provision of the Children (Care and Protection) Act 1987 specified in Schedule 1 to the Commonwealth Powers (Family Law—Children) Act 1986 does not cease to be so specified until the provision is repealed pursuant to this section, and(b) a provision of the Children and Young Persons (Care and Protection) Act 1998 does not become a provision specified in Schedule 1 to the Commonwealth Powers (Family Law—Children) Act 1986 until the provision is commenced pursuant to section 2 of the Children and Young Persons (Care and Protection) Act 1998.s 3: Am 2000 No 76, Sch 3; 2000 No 93, Sch 2.5.
4 (Repealed)
s 4: Rep 2006 No 58, Sch 4.
5 Amendment of other Acts
Each Act specified in Schedule 2 is amended as set out in that Schedule.
Schedule 1 (Repealed)
sch 1: Rep 2006 No 58, Sch 4.
Schedule 2 Amendment of other Acts
(Section 5)
2.1–2.5
(Repealed)[1] Section 3 Definitions
Omit the definition of carer. Insert instead:carer of a person means any person who has the daily care and control of a child under out-of-home care arrangements made under the Children and Young Persons (Care and Protection) Act 1998.
[2]–[5] (Repealed)
2.7–2.9
(Repealed)Sections 12B (1) (g) and 13 (1) (h)
Omit “a residential child care centre licensed under the Children (Care and Protection) Act 1987” wherever occurring.Insert instead “a place at which out-of-home care within the meaning of the Children and Young Persons (Care and Protection) Act 1998 was provided to the person”.
2.11–2.13
(Repealed)Section 19 Compellability of spouses and others in certain criminal proceedings
Omit the matter relating to the Children (Care and Protection) Act 1987.Insert instead:section 222 (Endangering children in employment), 223 (Certain employers of children to be authorised), 227 (Child and young person abuse) or 228 (Neglect of children and young persons) of the Children and Young Persons (Care and Protection) Act 1998
2.15, 2.16
(Repealed)Section 3 Definitions
Omit paragraph (b) of the definition of child care service in section 3 (1).Insert instead:(b) out-of-home care provided by a designated agency or an authorised carer within the meaning of the Children and Young Persons (Care and Protection) Act 1998.
2.18–2.21
(Repealed)Section 158A Record of employees under 16 years on ships
Omit “Part 4 to the Children (Care and Protection) Act 1987” from the note to section 158A.Insert instead “Chapter 13 of the Children and Young Persons (Care and Protection) Act 1998”.
2.23
(Repealed)Section 42A Definitions
Omit paragraph (a) of the definition of child care facility.Insert instead:(a) a children’s service to which Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998 applies, or
2.25–2.27
(Repealed)sch 2: Am 1999 No 94, Sch 4.67; 2006 No 58, Sch 4; 2010 No 46, Sch 13.1; 2010 No 67, Sch 2.1 [1]–[3].