An Act to amend the Children and Young Persons (Care and Protection) Act 1998 to make further provision with respect to out-of-home care designated agencies and the provision of information to the Children’s Guardian and the Director-General of the Department of Community Services; and for other purposes.
1 Name of Act
This Act is the Children and Young Persons (Care and Protection) Amendment Act 2009.
2 Commencement
This Act commences on the date of assent to this Act.
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998 No 157
[1] Section 141 Inability of designated agency to fulfil responsibilities
Insert after section 141 (1):(1A) The Department, in supervising the placement of a child or young person in out-of-home care under this section, does not take or assume any assets, rights or liabilities of the designated agency.
[2] Section 185 Provision and exchange of information
Insert before section 185 (1):(1A) The functions referred to in subsection (1) may be exercised by the Children’s Guardian for any one or more of the following purposes:(a) for the purposes of providing information to, or exchanging information with, a prescribed person,(b) for the purpose of exercising the functions of the Children’s Guardian.
[3] Section 185 (1)
Omit “For the purposes of providing information to, or exchanging information with, a prescribed person, the”.Insert instead “The”.
[4] Section 185 (1) (a) and (b)
Omit “the prescribed person” wherever occurring.Insert instead “a prescribed person”.
[5] Section 185 (2) and (2A)
Omit section 185 (2). Insert instead:(2) It is the duty of a prescribed person to whom a direction is given under subsection (1) (b) (being the Director-General or a Department of the Public Service) to comply promptly with the requirements of the direction.(2A) A prescribed person (other than the Director-General or a Department of the Public Service) must comply with a direction of the Children’s Guardian given under subsection (1) (b) within such reasonable time as is specified in the direction.Maximum penalty: 10 penalty units.
[6] Section 248 Provision and exchange of information
Insert before section 248 (1):(1AA) The functions referred to in subsection (1) may be exercised by the Director-General for any one or more of the following purposes:(a) for the purposes of providing information to, or exchanging information with, a prescribed body,(b) for the purpose of exercising the functions of the Director-General.
[7] Section 248 (1)
Omit “For the purposes of providing information to, or exchanging information with, a prescribed body, the”.Insert instead “The”.
[8] Section 248 (1) (a) and (b)
Omit “the prescribed body” wherever occurring.Insert instead “a prescribed body”.
[9] Section 264 Regulations
Insert after section 264 (1A) (j):(k) the licensing of principal and other officers of designated agencies.
[10] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):