Part 1 Preliminary
1 Name of Regulation
This Regulation is the Children (Protection and Parental Responsibility) Regulation 2019.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.Note—This Regulation repeals and replaces the Children (Protection and Parental Responsibility) Regulation 2014, which would otherwise be repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Interpretation
(1) In this Regulation—the Act means the Children (Protection and Parental Responsibility) Act 1997.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.
Part 2 Parental responsibility
4 Enforcement of undertakings
A court may use any information available to the court that it considers to be reliable to determine whether a parent or child should be required to attend before the court for failing to comply with an undertaking under Part 2 of the Act.
5 Forfeiture of security for undertakings
A court is not to forfeit any part of the security given by a parent under section 9 of the Act unless—(a) the parent is present before the court and has had an opportunity to be heard, or(b) a notice to show cause why the security should not be forfeited has first been given personally or by post to the parent and the parent has had an opportunity to show such cause.
6 Refund of security for undertakings
Security given by a person under Part 2 of the Act is to be refunded to the person at the end of the period of the undertaking concerned unless it appears to the court, from any information available to the court at the end of the period, that the person has failed to comply with the undertaking.
7 Counselling
(1) Before a court requires a person to undergo counselling under Part 2 of the Act, the court must—(a) identify an appropriate professional counsellor or body having counselling facilities to provide the counselling, and(b) ascertain from the counsellor or a person representing the body whether or not the counsellor or body is able to provide, and consents to being nominated by the court as the provider of, the counselling, and(c) determine whether the person will be charged a fee in respect of the counselling and, if a fee is payable, whether the person has the financial capacity to pay the fee or is eligible for government assistance in relation to the provision of the counselling.(2) A court is not to require a person to undergo counselling if, in the opinion of the court, the person would suffer undue financial hardship as a consequence of undergoing the counselling.
Part 3 Welfare of children in public places
8 Departmental protocols
(1) Protocols may be entered into by the Commissioner of Police and the Secretary of the Department of Communities and Justice regarding the exercise of functions conferred on police officers and other persons under Part 3 of the Act.(2) A protocol is subject to the provisions of the Act and this Regulation.(3) A protocol may be amended, revoked or replaced from time to time.(4) A police officer or other person on whom a function is conferred under Part 3 of the Act must as far as practicable exercise the function in conformity with any relevant protocol.(5) However, a failure to comply with a protocol does not invalidate anything done or omitted to be done by the police officer or person.
9 Records
(1) A police officer who removes a person from a public place under Part 3 of the Act is to make a record of the following particulars—(a) if known to the officer—the person’s name and age,(b) if the person expresses any wishes or feelings in relation to the place to which the person is to be escorted under section 22 of the Act—the wishes or feelings expressed,(c) the address of the public place from which the person was removed,(d) the reason why the person was removed from the public place,(e) if the officer arranges for another police officer to escort the person under section 19 (2) or 22 (1) or (3) of the Act—the name of the other police officer.(2) A police officer who removes a person from a public place under Part 3 of the Act or, if another police officer escorts the person in accordance with arrangements made under section 19 (2) or 22 (1), (3) or (5) of the Act, the police officer who escorts the person, is to make a record of the following particulars—(a) if the person is escorted to and left at the residence of a parent—the name and telephone number of the parent and the address of the parent’s residence,(b) if the person is escorted to and left at the person’s care residence—the name and telephone number of the person’s carer and the address of the care residence,(c) if the person is escorted to and left at the residence of a close relative—(i) the name and telephone number of the relative, and(ii) the address of the residence, and(iii) the relationship of the close relative to the person,(d) if the person is escorted to and left at the residence of a parent or close relative in the care of a person other than the parent or close relative—the name, address and telephone number of the person in whose care the person is left,(e) if the person is placed in the care of the Secretary of the Department of Communities and Justice—the name, address and telephone number of the person with whom the person is placed,(f) if the person is placed in the care of an approved person—the name, address and telephone number of the approved person,(g) if for any reason the police officer was unable to escort the person to, or leave the person at, a residence of a parent of the person or the person’s care residence or the residence of a close relative of the person (or was unable to arrange for another police officer to do so)—the reason.
Part 4 Miscellaneous
10 Repeal and savings
(1) The Children (Protection and Parental Responsibility) Regulation 2014 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Children (Protection and Parental Responsibility) Regulation 2014, had effect under that Regulation continues to have effect under this Regulation.