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3, 4   (Repealed)

5   Amendment of other Acts

Each Act specified in Schedule 2 is amended as set out in that Schedule.

Schedule 1 (Repealed)

Schedule 2 Amendment of other Acts

(Section 5)

2.1–2.5

(Repealed)

2.6 Children (Protection and Parental Responsibility) Act 1997 No 78

[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[2]–[5]   (Repealed)

2.7–2.13

(Repealed)

2.14 Evidence Act 1995 No 25

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(Repealed)

2.17 Inclosed Lands Protection Act 1901 No 33

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(Repealed)

2.22 Navigation Act 1901 No 60

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”.

2.23–2.27

(Repealed)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 and Young Persons Legislation (Repeal and Amendment) Act 1998 No 158. Assented to 14.12.1998. Date of commencement of secs 1, 2 and 4 and Sch 1 [5], 17.4.2000, sec 2 and GG No 48 of 17.4.2000, p 3349; date of commencement of sec 3 (1), in so far as it repeals the Children (Care and Protection) Act 1987 (except secs 1–4, 19 and 21, Parts 3 and 4, sec 83, Parts 6, 7A and 8 and Schs 1, 1A, 2A and 3), sec 3 (2) and (3), Sch 1 (except Sch 1 [5]), Sch 2 (except Sch 2.2 [1], 2.6 [1], 2.9, 2.10, 2.13, 2.14, 2.17, 2.19, 2.22–2.24 and 2.26) and sec 5, in so far as it applies to the provisions of Sch 2 that are commenced, 18.12.2000, sec 2 and GG No 159 of 8.12.2000, p 12781; date of commencement of sec 3 (1) in so far as it repeals Div 1 of Part 3 and Part 4 of the Children (Care and Protection) Act 1987 and Sch 2.23 and sec 5 in so far as it applies to Sch 2.23, 30.9.2004, sec 2 and GG No 87 of 21.5.2004, p 2922; date of commencement of sec 3 (1), in so far as it repeals sec 95 of the Children (Care and Protection) Act 1987, 2.7.2001, sec 2 and GG No 107 of 2.7.2001, p 5209; Sch 2.2 [1] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2006 No 58; date of commencement of Sch 2.6, 2.14, 2.17 and 2.24, 9.12.2011, sec 2 and 2011 (625) LW 9.12.2011; Sch 2.9, 2.13 and 2.26 were not commenced and were repealed by the Children and Young Persons (Care and Protection) Amendment (Children’s Services) Act 2010 No 67; date of commencement of Sch 2.22: not in force. This Act has been amended as follows:

1999	No 94	Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of Sch 4.67, 1.1.2000, sec 2 (1) and GG No 144 of 24.12.1999, p 12184.
2000	No 76	Children and Young Persons (Care and Protection) Miscellaneous Amendments Act 2000. Assented to 9.11.2000. Date of commencement, 18.12.2000, sec 2 and GG No 159 of 8.12.2000, p 12780.
	No 93	Statute Law (Miscellaneous Provisions) Act (No 2) 2000. Assented to 8.12.2000. Date of commencement of Sch 2.5, assent, sec 2 (2).
2006	No 58	Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 4, assent, sec 2 (1).
2010	No 46	State Revenue Legislation Amendment Act 2010. Assented to 28.6.2010. Date of commencement of Sch 13.1, assent, sec 2 (2).
	No 67	Children and Young Persons (Care and Protection) Amendment (Children’s Services) Act 2010. Assented to 15.9.2010. Date of commencement, 1.1.2011, sec 2 and 2010 (694) LW 16.12.2010.
	No 119	Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 4, 7.1.2011, sec 2 (2).
2011	No 70	Children (Education and Care Services) Supplementary Provisions Act 2011. Assented to 28.11.2011. Date of commencement, 1.1.2012, sec 2 and 2011 (689) LW 23.12.2011.

Table of amendments

Sec 3	Am 2000 No 76, Sch 3; 2000 No 93, Sch 2.5. Rep 2010 No 119, Sch 4.
Sec 4	Rep 2006 No 58, Sch 4.
Sch 1	Rep 2006 No 58, Sch 4.
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]; 2010 No 119, Sch 4; 2011 No 70, Sch 2.4.