Child Protection Legislation Amendment Act 2002 (NSW)

An Act to amend the Child Protection (Offenders Registration) Act 2000, the Child Protection (Prohibited Employment) Act 1998, the Commission for Children and Young People Act 1998 and the Summary Offences Act 1988 to make further provision with respect to the protection of children; and for other purposes.

1Name of Act

This Act is the Child Protection Legislation Amendment Act 2002.

2Commencement

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

3, 4

(Repealed)

5Amendment of Commission for Children and Young People Act 1998 No 146

The Commission for Children and Young People Act 1998 is amended as set out in Schedule 3.

6

(Repealed)

Schedules 1, 2

(Repealed)

Schedule 3Amendment of Commission for Children and Young People Act 1998

(Section 5)

[1]–[5]

(Repealed)

[6]Section 33 (4)

Insert after section 33 (3):

(4)

For the avoidance of doubt, a reference to disciplinary proceedings in the definition of relevant disciplinary proceedings in subsection (1) includes a reference to the investigation of, and the taking of action in relation to, complaints under Part 8A of the Police Act 1990 and the taking of action under Part 9 of that Act.

[7]–[12]

(Repealed)

[13]Schedule 3

Insert after Schedule 2:

Schedule 3Savings, transitional and other provisions

(Section 52A)

Part 1Preliminary1Regulations(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

• •

  this Act

• •

  Child Protection Legislation Amendment Act 2002

(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 2Provisions consequent on enactment of Child Protection Legislation Amendment Act 20022Employment screening(1)

A provision of section 37 (4A) or (4B) applies to and in respect of the screening of an applicant for employment whether occurring before or after the commencement of the provision.

(2)

Section 39 (3) extends to disciplinary proceedings within the meaning of section 33 as amended by Schedule 3 [6] to the Child Protection Legislation Amendment Act 2002.

Schedule 4

(Repealed)