Schedule 3 Savings, transitional and other provisions
(Section 263)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
Children and Young Persons Legislation (Repeal and Amendment) Act 1998
Children and Young Persons (Care and Protection) Miscellaneous Amendments Act 2000
Children and Young Persons (Care and Protection) Amendment (Permanency Planning) Act 2001
Children and Young Persons (Care and Protection) Amendment Act 2005
Children and Young Persons (Care and Protection) Amendment Act 2006
Children and Young Persons (Care and Protection) Miscellaneous Amendments Act 2006
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provision consequent on enactment of Children and Young Persons (Care and Protection) Amendment Act 2005
2 Provision consequent on enactment of Children and Young Persons (Care and Protection) Amendment Act 2005
Section 233, as in force immediately before the commencement of this clause, continues to apply to and in respect of a search warrant applied for under that section as in force before that commencement.
Part 3 Provisions consequent on enactment of Children and Young Persons (Care and Protection) Amendment Act 2006
In this Part:amending Act means the Children and Young Persons (Care and Protection) Amendment Act 2006.
4 Protection of persons who make reports or provide certain information
(1) The amendment made to section 29 (1) (f) by the amending Act extends to any information disclosed to a body before the commencement of the amendment.(2) Section 29 (3A) extends to reports made, actions taken or information provided before the commencement of the subsection.(3) Section 29 extends to any report made under section 120 or 121 before the amendment of section 29 (6) by the amending Act.
5 Emergency care and protection orders
Section 46 (5) extends to an application made before the commencement of the subsection.
Section 61 (3), as repealed and re-enacted by the amending Act, extends to any order sought before that repeal and re-enactment.
7 Notification of care applications
Section 64 (7) and (8) extend to any application made before the commencement of the subsections.
8 Leave to file further documentary evidence or amend application
Section 68 (2) extends to documentary evidence filed before the commencement of the subsection.
The amendments made to sections 71, 75, 79 and 90 by the amending Act extend to care proceedings not finally determined when the respective amendments commence.
(1) The amendments made to sections 93, 96 and 99, and section 104 as repealed and re-enacted, by the amending Act extend to proceedings not finally determined when the respective amendments and section 104 as re-enacted commence.(2) The amendments made to section 105 by the amending Act extend to proceedings conducted before the commencement of the amendments.
11 Application for order for alternative parenting plan
Section 116 (4) extends to any application made before the commencement of the subsection.
12 Order for sole parental responsibility
Section 149 (4A) extends to any application made before the commencement of the subsection.
13 Regulations concerning probity checks
A regulation for or with respect to probity checks referred to in section 220 (a1) may apply so as to require probity checks on persons residing at a certain home immediately before the regulation commences.
Part 4 Provisions consequent on enactment of Children and Young Persons (Care and Protection) Amendment (Parent Responsibility Contracts) Act 2006
In this Part:amending Act means the Children and Young Persons (Care and Protection) Amendment (Parent Responsibility Contracts) Act 2006.
15 Effect of re-enactment of section 38 (3)
Section 38 (3) (as substituted by Schedule 1 [8] to the amending Act) extends to proceedings before the Children’s Court that were pending (but not finally determined) immediately before the commencement of Schedule 1 [8] to that Act.
A care plan that was duly registered immediately before the commencement of section 38F (as inserted by the amending Act) is taken to have been duly registered for the purposes of that section.
Part 5 Provisions consequent on enactment of Children and Young Persons (Care and Protection) Miscellaneous Amendments Act 2006
In this Part:amending Act means the Children and Young Persons (Care and Protection) Miscellaneous Amendments Act 2006.
Section 99 as in force before its repeal and re-enactment by the amending Act continues to apply to any proceedings before the Children’s Court that were pending (but not finally determined) before that repeal and re-enactment.
19 Admissibility of certain evidence
Sections 106A and 107 (3A), as inserted by the amending Act, extend to apply in respect of proceedings before the Children’s Court that were pending (but not finally determined) immediately before the commencement of the section concerned.
Premises that were exempt premises within the meaning of section 200 (3) (b) or (c) immediately before the repeal of those paragraphs by the amending Act are taken to be exempt premises within the meaning of section 199 as amended by the amending Act.
Section 258A, as inserted by the amending Act, extends to apply in respect of offences alleged to have been committed before the commencement of that section.