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.

1   Name of Act

This Act is the Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009.

2   Commencement

This Act commences on a day or days to be appointed by proclamation.

3   (Repealed)

Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998 No 157

1.1

(Repealed)

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[1]–[23]   (Repealed)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[26]–[33]   (Repealed)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[1]–[15]   (Repealed)

1.4, 1.5

(Repealed)

1.6 Other miscellaneous or consequential amendments

[1]–[6]   (Repealed)

Schedule 2 Amendments relating to recommendations 11.2, 13.1, 13.3, 13.4, 13.9 and 13.12

2.1 Amendment of Children and Young Persons (Care and Protection) Act 1998 No 157

[1]–[4]   (Repealed)

2.2 Amendment of Children’s Court Act 1987 No 53

[1]–[16]   (Repealed)

2.3–2.5

(Repealed)

2.6 Amendment of Children’s Court Rule 2000

[1]–[5]   (Repealed)

Schedule 3 Amendments relating to recommendations 23.3, 23.4 and 23.8

3.1 Amendment of Commission for Children and Young People Act 1998 No 146

[1]–[19]   (Repealed)

3.2 Amendment of Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2

[1]–[5]   (Repealed)

3.3, 3.4

(Repealed)

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 No 13. Assented to 7.4.2009. Date of commencement of sec 3, 30.6.2010, sec 2 and 2010 (304) LW 25.6.2010; date of commencement of Schs 1.1, 1.2 [1]–[23] and [26]–[33], 1.3 [1]–[14], 1.4, 1.6 [1] [3] and [4], 2.1 [1] and [2], 2.2 [7], 2.6 [3] and [5] and 3.2 [1], 24.1.2010, sec 2 and 2010 (8) LW 22.1.2010; Sch 1.3 [15] was not commenced and was repealed by the Children and Young Persons (Care and Protection) Amendment Act 2010 No 105; date of commencement of Sch 1.5 and 1.6 [2] and [6], 30.10.2009, sec 2 and 2009 (520) LW 30.10.2009; date of commencement of Schs 1.6 [5], 3.1 [1] [4]–[10] and [19], 3.3 and 3.4, 31.3.2010, sec 2 and 2010 (8) LW 22.1.2010; Sch 2.1 [3] was not commenced and was repealed by the Courts and Crimes Legislation Amendment Act 2009 No 77; date of commencement of Sch 2.1 [4], 2.2 [1]–[6] [8] [9] [11]–[15] and [16] (except to the extent that it would insert cl 8 into Sch 2 to the Children’s Court Act 1987), 2.3–2.5 and 2.6 [1] and [2], 1.6.2009, sec 2 and 2009 (178) LW 22.5.2009; date of commencement of Sch 3.1 [2] [3] and [11]–[17], 11.2.2011, sec 2 and 2011 (48) LW 11.2.2011; Sch 3.1 [18] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2010 No 119; date of commencement of Sch 3.2 [2]–[5], 1.7.2009, sec 2 and 2009 (252) LW 26.6.2009; date of commencement of Sch 2.2 [10] and [16] (to the extent that it inserts cl 8 into Sch 2 to the Children’s Court Act 1987) and 2.6 [4], 1.7.2011, sec 2 and 2011 (311) LW 1.7.2011; date of commencement of the remainder: not in force. This Act has been amended as follows:

2009	No 77	Courts and Crimes Legislation Amendment Act 2009. Assented to 3.11.2009. Date of commencement of Sch 2.4, assent, sec 2 (1).
	No 96	Public Sector Restructure (Miscellaneous Acts Amendments) Act 2009. Assented to 30.11.2009. Date of commencement of Sch 3, assent, sec 2 (1).
2010	No 105	Children and Young Persons (Care and Protection) Amendment Act 2010. Assented to 29.11.2010. Date of commencement of Sch 2.3, 1.1.2011, sec 2 (1) and 2010 (693) LW 16.12.2010.
	No 119	Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 1.2, 7.1.2011, sec 2 (2).

This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments

Sec 3	Rep 1987 No 15, sec 30C.
Sch 1	Am 1987 No 15, sec 30C; 2009 No 96, Sch 3 [1] [2]; 2010 No 105, Sch 2.3.
Sch 2	Am 1987 No 15, sec 30C; 2009 No 77, Sch 2.4.
Sch 3	Am 1987 No 15, sec 30C; 2009 No 96, Sch 3 [3]; 2010 No 119, Sch 1.2.