1 Name of Act
2 Commencement
3 Definitions
4 Children and young persons to whom this Act applies
5 Meaning of “Aboriginal” and “Torres Strait Islander”
6 Notes
Chapter 2 Objects, principles and responsibilities
7 What is the role of the objects and principles of this Act?
8 What are the objects of this Act?
9 Principles for administration of Act
10 The principle of participation
Part 2 Aboriginal and Torres Strait Islander principles
11 Aboriginal and Torres Strait Islander self-determination
12 Aboriginal and Torres Strait Islander participation in decision-making
13 Aboriginal and Torres Strait Islander Child and Young Person Placement Principles
14 Records relating to Aboriginals and Torres Strait Islanders
Part 3 Roles of the Minister and Director-General
15 General role of the Minister
16 General role of the Director-General
17 Director-General’s request for services from other agencies
18 Obligation to co-operate
19 Interagency co-operation and exchange of information
Chapter 3 Requests for assistance and reports
Part 1 Requests for assistance
20 Request for assistance by child or young person
21 Request for assistance by parent of child or young person or by funded non-government agency
22 Director-General’s response to requests for assistance
23 Child or young person at risk of significant harm
24 Report concerning child or young person at risk of significant harm
25 Pre-natal reports
26 Anonymity
27 Mandatory reporting
27A Alternative reporting arrangements
28 Record of reports and subsequent action
29 Protection of persons who make reports or provide certain information
29A Person who makes report is not prevented from helping child or young person
Part 3 Investigations and assessment
30 Director-General’s investigations and assessment
31 Matters for consideration
32 Initial identification—Aboriginals and Torres Strait Islanders
33 Investigation if allegation made against staff of Department
Chapter 4 Children and young persons in need of care and protection
Part 1 Action taken by Director-General
34 Taking of action by Director-General
35 Decision against taking action
36 Principles of intervention
Part 2 Use of alternative dispute resolution
37 Alternative dispute resolution
Part 3 Care plans and parent responsibility contracts
38 Development and enforcement of care plans
Division 2 Parent responsibility contracts
38A Parent responsibility contracts
38B Amendment of parent responsibility contracts
38C Termination of parent responsibility contracts
38D Effect of parent responsibility contract
38E Contract breach notices
Division 3 Registration of care plans and parent responsibility contracts
38F When registration occurs
38G Registration does not make care plans and parent responsibility contracts court documents
39–41 (Repealed)
42 Sexually abusive behaviour by certain children and young persons
Chapter 5 Children’s Court proceedings
Part 1 Emergency protection and assessment
43 Removal of children and young persons without warrant
44 Director-General may assume care responsibility of child or young person in hospital or other premises
45 Application to Children’s Court for care order
Division 2 Emergency care and protection orders
46 Emergency care and protection orders
47 (Repealed)
Division 3 Other removal authorised by the Children’s Court
48 Removal of child or young person pursuant to order of Children’s Court
Division 4 Who has care responsibility?
49 Care of child or young person pending care proceedings
50 Discharge of child or young person from Director-General’s care responsibility
Division 5 What information must be given following removal?
Note
51 Duty of Director-General to give information to certain persons
Division 6 Examination and assessment orders
52 Definition of “assessment order”
53 Making of assessment orders
54 Assessment of person’s capacity for parental responsibility
55 Application for order
56 Matters for consideration in making an assessment order
57 Information concerning assessment
58 Provision of assessment reports and other information
59 Evidentiary status of assessment report
60 Definitions
61 Applications for care orders
61A Applications for care orders by filing contract breach notices
62 Interim and final orders
63 Evidence of prior alternative action
64 Notification of care applications
64A Evidence in the form of a recording
65 Dispute resolution conferences
65A Referral of matters before the Court to ADR
66 Leave to withdraw care application
67 Children’s Court order not limited by terms of care application
68 Leave to file further documentary evidence
69 Interim care orders
70 Other interim orders
70A Consideration of necessity for interim care order
71 Grounds for care orders
71A Effect of conduct outside New South Wales
72 Determination as to care and protection
73 Order accepting undertakings
74 Order for provision of support services
75 Order to attend therapeutic or treatment program
76 Order for supervision
77 Supervision of child or young person under a supervision order
78 Care plans
78A Permanency planning
79 Order allocating parental responsibility
80 Requirement to consider care plan
81 Parental responsibility of the Minister
82 Report on suitability of arrangements concerning parental responsibility
83 Preparation of permanency plan
84 Requirements of permanency plans involving restoration
85 Provision of services to facilitate restoration
85A Review of permanency plans involving restoration
86 Contact orders
87 Making of orders that have a significant impact on persons
88 Costs
89 Copies of final orders to be given to all parties
90 Rescission and variation of care orders
90A Order prohibiting action
91 Appeals
Chapter 6 Children’s Court procedure
92 Proceedings to which this Chapter applies
93 General nature of proceedings
94 Expedition and adjournments
95 Court to explain proceedings to children and young persons
96 Attendance of child or young person, parents and others
97 Effect of failure of attendance
98 Right of appearance
99 Appointment of legal representative by Children’s Court
99A Legal representative to act as independent legal representative or direct legal representative
99B Child under 12 presumed incapable of giving proper instructions
99C Child 12 or older and young person presumed capable of giving proper instructions
99D Role of a legal representative
100 Guardian ad litem—child or young person
101 Guardian ad litem and amicus curiae—parents of child or young person
102 Support persons
103 Views of siblings
104 Exclusion of child or young person from proceedings
104A Exclusion of particular persons from proceedings
104B Exclusion of general public from proceedings
104C Entitlement of media to hear proceedings
105 Publication of names and identifying information
106 Admissibility of certain statements
106A Admissibility of certain other evidence
107 Examination and cross-examination of witnesses
108 Proceedings unaffected by pending criminal proceedings
Part 2 Attendance of witnesses and others and production of documents
109 Definitions
Division 2 Compelling attendance at proceedings
109A Form and service of care proceedings attendance notice
109B Issue of arrest warrant to compel attendance at proceedings
Division 3 Subpoenas for attendance of witnesses to give evidence and produce documents
109C Issue of subpoenas
109D Time for service of subpoenas
109E Conduct money
109F Limits on obligations under subpoenas
109G Production by non-party
109H Subpoena may be set aside
109I Inspection of subpoenaed documents and things
109J Action that may be taken if person does not comply with subpoena
109K Action that may be taken if person refuses to give evidence
109L When arrest warrants may be issued
109M Form of arrest warrant
109N Duration of arrest warrants
109O Persons who may execute arrest warrant
109P Procedure after arrest
109Q Revocation of warrants
Division 5 Warrants of commitment
109R Form of warrants of commitment
109S Procedure for taking person to correctional centre, detention centre or other place of security
109T Defects in warrants of commitment
109U Application of Bail Act 1978
109V Review of bail decisions
109W Warrants
109X Rules relating to subpoenas
Chapter 7 Support for children and young persons in crisis
Part 1 Serious or persistent conflict
110 What are the objects of this Part?
111 When does this Part apply?
112 What principle is to be applied in the administration of this Part?
113 Request for assistance
114 Alternative dispute resolution
115 Alternative parenting plan
116 Application for order for alternative parenting plan
117 Adjournment
118 Court orders
119 Registration of certain alternative parenting plans
120 Homelessness of children
121 Homelessness of young persons
122 Mandatory reporting of child who lives away from home without parental permission
123–133B(Repealed)
134 Objects of this Chapter
135 Definition and types of “out-of-home care”
135A Statutory out-of-home care
135B Supported out-of-home care
135C Voluntary out-of-home care
136 Restriction on who may provide statutory out-of-home care
137 Authorised carers
138 Persons who may arrange for provision of statutory or supported out-of-home care
139 Who is a “designated agency”?
140 Supervisory responsibility of designated agency
141 Inability of designated agency to fulfil responsibilities
Part 2 Out-of-home care under order of Children’s Court
142 Application of Part
143 Authorised carer’s right to information for purpose of assessing placement
144 Authorised carer’s right to information for purpose of medical care and safety
145 Child’s or young person’s right to information concerning authorised carer
146 Involvement of authorised carers in decision-making
147 Indemnity of authorised carers
148 (Repealed)
149 Order for sole parental responsibility
149AA Care plan and other relevant information to be presented before order made under section 149
149A Variation or rescission of order for sole parental responsibility
149B Definitions
149C Disclosure to parents and significant persons
149D Type and amount of information to be disclosed
149E Consent of authorised carer to disclosure of high level identification information
149F Disclosure of high level identification information without consent of authorised carer
149G Application for review of decision to disclose high level identification information
149H Modification of Administrative Decisions Tribunal Act 1997
149I Refusal to disclose information concerning placement
149J Disclosure not contravention of confidentiality or contravention of privacy law
149K No conflict with court order
Division 2 Review of out-of-home care under order of Children’s Court
150 Review of placements effected by order of Children’s Court
Part 3 Supported out-of-home care
Division 1 Temporary care arrangements
151 Making of temporary care arrangements
152 Duration, renewal and review of temporary care arrangements
Division 2 Other supported out-of-home care arrangements
153 Operation of other arrangements
154 Restriction on who may provide supported out-of-home care
155 Review of supported out-of-home care arrangements
Part 3A Voluntary out-of-home care
156 Preliminary
156A Voluntary arrangements for out-of-home care
157 Care responsibility
158 Physical restraint of child or young person
Part 5 Arrangements during statutory or supported out-of-home care
159A Part applies to statutory and supported out-of-home care only
159 Maintenance of register
160 Maintenance of records
161 Financial assistance for children and young persons in statutory or supported out-of-home care
162 Rights of children and young persons in out-of-home care
163 Parents’ right to information concerning progress and development of their children
164 Responsibility of Minister to accommodate certain children and young persons
Part 6 Arrangements on leaving statutory out-of-home care
165A Part applies to statutory out-of-home care only
165 Provision of assistance after leaving out-of-home care
166 Leaving out-of-home care
167 Records concerning Aboriginal and Torres Strait Islander children and young persons
168 Access to personal information
169 Entitlement to certain documents
170 Retention of records
170A Application of State Records Act 1998
171 Removal of children and young persons from unauthorised out-of-home care
172 Notification of deaths of children and young persons in statutory or supported out-of-home care
Chapter 9 Medical examination and treatment
Part 1 Medical examination of children and young persons in need of care and protection
173 Medical examination of children in need of care and protection
174 Emergency medical treatment
175 Special medical treatment
Part 2 Treatment of children and young persons in out-of-home care ordered by the Children’s Court
176 (Repealed)
177 Ordinary medical and dental treatment
Chapter 10 Children’s Guardian
178 Children’s Guardian
179 Acting Children’s Guardian
180 Functions—generally
181 Functions relating to out-of-home care
182 Removal of responsibility for daily care and control from an authorised carer
183 (Repealed)
184 Application for review of order of the Children’s Court
185 Provision and exchange of information
186 Delegation of functions
187 Annual reports to Parliament
188 Special reports to Parliament and to Minister
189 Furnishing of draft reports to Minister
190 Provisions relating to reports to Parliament
191–198(Repealed)
Chapter 12 Children’s services
199 Definitions
200 Meaning of “children’s service”
201 Objects of Chapter
202 Principles underlying the provision of children’s services
203 Role of objects and principles
Part 3 Licensing of children’s services
204 Person not to provide prescribed children’s service without licence
205 No advertising of unlicensed services
206 Application for licence
207 Refusal to grant licence
208 Licences
209 Conditions of licences
210 Licensee and authorised supervisor
211 Revocation of licence
212 Death of licensee
213 Application of Part to certain pre-school services
Part 4 Matters relating to parents
214 Information to be provided
215 Parental contact with children
216 Exclusion of persons from premises of children’s service
217 Information to licensee concerning exclusion notice
218 Termination of illegal children’s services
218A Application of State Records Act 1998 to certain children’s services
219 (Repealed)
220 Regulations
Chapter 12A Out of school hours care services
220A Meaning of “out of school hours care service”
220B Regulations for or with respect to out of school hours care services
Chapter 13 Children’s employment
221 Definitions
222 Endangering children in employment
223 Certain employers of children to be authorised
224 Exemptions
225 Employers’ authorities
226 Removal of child from place of unlawful employment
Chapter 14 Offences involving children and young persons
227 Child and young person abuse
228 Neglect of children and young persons
229 Unauthorised removal of children and young persons
230 Tattooing of children and young persons
230A Body piercing of children
231 Leaving children and young persons unsupervised in motor vehicles
Chapter 14A Transfer of child protection orders and proceedings
231A Purpose of Chapter
231B Definitions
Part 2 Transfer of child protection orders
Division 1 Administrative transfers
231C When Director-General may transfer order
231D Persons whose consent is required
231E Director-General to have regard to certain matters
231F Notification to child or young person and his or her parents
231G When Children’s Court may make order under this Division
231H Service of application
231I Type of order
231J Children’s Court to have regard to certain matters
231K Appeals
Part 3 Transfer of child protection proceedings
231L When Children’s Court may make order under this Part
231M Children’s Court to have regard to certain matters
231N Interim order
231O Appeals
231P Filing and registration of interstate documents
231Q Notification by Registrar of Children’s Court
231R Revocation of registration
231S Effect of registration of transferred order
231T Transfer of Children’s Court file
231U Hearing and determination of transferred proceeding
231V Disclosure of information
231W Discretion of Director-General to consent to transfer
231X Evidence of consent of relevant interstate officer
231Y Definitions
231Z Arrangements for care
231ZA Declarations concerning parental responsibility: interstate ward
231ZB Declaration under law of jurisdiction other than NSW
Chapter 15 Removal of persons and entry of premises and places
232 Persons under the parental responsibility of the Minister leaving or being removed from care
233 Power of search for and removal of children and young persons in need of care and protection
234 Reasons for removal and other information to be given to certain persons
Part 2 Entry of premises and places
235 Entry without warrant into premises—generally
236 Entry without warrant into premises—places of employment
237 Entry and inspection under search warrant
238 Application of Part
239 Attendance of police or medical practitioner
240 Use of reasonable force
241 Powers exercisable on entry and inspection
242 Observing and conversing with persons
243 Application of search warrants provisions
244 Effect of failure to properly exercise function
Chapter 16 Administrative review
245 Decisions that are reviewable by Administrative Decisions Tribunal
Chapter 16A Exchange of information and co-ordination of services
245A Object and principles of Chapter
245B Interpretation
245C Provision of information
245D Request for information
245E Co-ordination of services
245F Restriction on use of information provided under this Chapter
245G Protection from liability for providing information
245H Interaction with other laws
245I Commonwealth agencies
246 Separation of children and young persons from offenders
247 Jurisdiction of Supreme Court
248 Provision and exchange of information
248A Collection of information by Director-General and Children’s Court
249 Delegation by Minister
250 Delegation by Director-General
251 Obstruction of persons
252 Person falsely representing as employee of Department
253 False or misleading statements
254 Disclosure of information
255 Use of optical surveillance devices
256 Service of notices
256A Children’s Court may dispense with service
257 Notices and other instruments to be written in other languages
258 Offences by corporations
258A Time for instituting proceedings
259 Proceedings for offences
260 Evidence of young children
261 Procedural matters
262 Act binds Crown
263 Savings, transitional and other provisions
264 Regulations
265 Review of Act
Schedule 2 Provisions relating to employers’ authorities