- Children and Young Persons (Care and Protection) Act 1998 No 157
- Status information
- Long title
- Chapter 1 Preliminary
- Chapter 2 Objects, principles and responsibilities
-
Chapter 3 Requests for assistance and reports
- Part 1 Requests for assistance
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Part 2 Reports
- 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
- 29AA Special provision relating to Royal Commissions
- 29A Person who makes report is not prevented from helping child or young person
- Part 3 Investigations and assessment
- Chapter 4 Children and young persons in need of care and protection
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Chapter 5 Children’s Court proceedings
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Part 1 Emergency protection and assessment
- Division 1 Emergency removal
- Division 2 Emergency care and protection orders
- Division 3 Other removal authorised by the Children’s Court
- Division 4 Who has care responsibility?
- Division 5 What information must be given following removal?
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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
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Part 2 Care applications
- 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
- 67A Consecutive care orders
- 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 treatment
- 76 Order for supervision
- 77 Supervision of child or young person under a supervision order
- 78 Care plans
- 78A Permanency planning
- 79 Order (other than guardianship order) allocating parental responsibility
- 79A Allocation of parental responsibility by guardianship order
- 79B Applications for guardianship orders
- 79C Financial assistance for children and young persons in respect of whom guardianship orders are made
- 79D Prospective guardian must notify Secretary of resident
- 80 Requirement to consider care plan
- 81 (Repealed)
- 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
- 86A Variation of contact orders by agreement
- 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 Prohibition orders
- 91 Appeals
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Part 3 Parent capacity orders
- 91A Interpretation
- 91B When parent capacity orders may be made
- 91C Applications for parent capacity orders
- 91D Dispute resolution conferences
- 91E Making of parent capacity orders
- 91F Orders made by consent
- 91G Duration of parent capacity orders
- 91H Variation or revocation of parent capacity order
- 91I Right of appeal
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Part 1 Emergency protection and assessment
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Chapter 6 Children’s Court procedure
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Part 1 General
- 92 Proceedings to which this Chapter applies
- 93 General nature of proceedings
- 93A Powers exercised by Children’s Registrar
- 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
- 101A Guardian ad litem—exclusion of personal liability
- 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
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Part 2 Attendance of witnesses and others and production of
documents
- Division 1 Preliminary
- Division 2 Compelling attendance at proceedings
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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
- Division 4 Arrest warrants
- Division 5 Warrants of commitment
- Division 6 Bail
- Division 7 General
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Part 1 General
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Chapter 7 Support for children and young persons in
crisis
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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
- Part 2 Homelessness
- Part 3
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Part 1 Serious or persistent conflict
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Chapter 8 Out-of-home care
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Part 1 Introduction
- 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 Designated agencies
- 140 Supervisory responsibility of designated agency
- 141 Inability of designated agency to fulfil responsibilities
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Part 2 Out-of-home care under order of Children’s
Court
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Division 1 General
- 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
- 148–149A (Repealed)
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Division 1A Disclosure to parents and significant persons of
information concerning placement in out-of-home care
- 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 administrative review of decision to disclose high level identification information
- 149H Modification of Administrative Decisions Review 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
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Division 1 General
- Part 3 Supported out-of-home care
- Part 3A Voluntary out-of-home care
- Part 4 Daily care and control
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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 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
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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
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Part 7 Miscellaneous
- 171 Removal of children and young persons from unauthorised out-of-home care
- 171A Principal officer of designated agency must not reside with children under agency’s care
- 172 Notification of deaths of children and young persons in statutory or supported out-of-home care
- 172A Secretary to report annually on deaths of children and young persons
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Part 1 Introduction
- Chapter 9 Medical examination and treatment
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Chapter 10 Children’s Guardian
- Part 1 Appointment
-
Part 2 Functions
- 180 Functions—generally
- 181 Principal functions of Children’s Guardian
- 182 Removal of responsibility for daily care and control from an authorised carer
- 183 Appointment of advisory committees
- 184 Application for review of order of the Children’s Court
- 185 Provision and exchange of information
- 186 Delegation of functions
- 186A Referral of matters to police and other investigative agencies
- 186B Protection from liability
- Part 3 Reports
- Chapters 11–12A
- Chapter 13 Children’s employment
- Chapter 14 Offences involving children and young persons
- Chapter 14A Transfer of child protection orders and proceedings
- Chapter 15 Removal of persons and entry of premises and places
- Chapter 15A Alternative dispute resolution
- Chapter 16 Administrative review
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Chapter 16A Exchange of information and co-ordination of
services
- 245A Object and principles of Chapter
- 245B Interpretation
- 245C Provision of information
- 245CA Provision of information by any person
- 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
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Chapter 17 Miscellaneous
- 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 Secretary and Children’s Court
- 248B Disclosure of information to bodies in other jurisdictions
- 249 Delegation by Minister
- 250 Delegation by Secretary
- 251 Obstruction of persons
- 252 Person falsely representing as employee of Department
- 253 False or misleading statements
- 254 Disclosure of information
- 254A Disclosure of information for research purposes
- 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 Liability of directors etc for offences by corporation—offences attracting executive liability
- 258AA Liability of directors etc for offences by corporation—accessory to the commission of the offences
- 258AB Evidence as to state of mind of corporation
- 258A Time for instituting proceedings
- 259 Proceedings for offences
- 259A Penalty notices
- 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 1 (Repealed)
- Schedule 2 Provisions relating to employers’ authorities
- Schedule 3 Savings, transitional and other provisions
- Historical notes
Children and Young Persons (Care and Protection) Act 1998 No 157
Current version for 7 July 2017 to date (accessed 19 August 2017 at 23:02)
Status information
Currency of version
Current version for 7 July 2017 to date (accessed 19 August 2017 at 23:02).
Legislation on this site is usually updated within 3
working days after a change to the legislation.
Provisions in force
Some, but not all, of the provisions displayed in this version
of the legislation have commenced. See Historical notes
See also:
Children and Young Persons (Care and Protection) Amendment (Auditing of Out-of-Home Care Providers) Bill 2017 [Non-government Bill: Ms Tania Mihailuk, MP]
Children and Young Persons (Care and Protection) Amendment (Auditing of Out-of-Home Care Providers) Bill 2017 [Non-government Bill: Ms Tania Mihailuk, MP]
Responsible Minister
Minister for Family and Community Services
Authorisation
This version of the legislation is compiled and maintained in
a database of legislation by the Parliamentary Counsel's Office
and published on the NSW legislation website, and is certified
as the form of that legislation that is correct under section
45C of the
Interpretation Act 1987
.