Child Welfare (Amendment) Act 1979 (NSW)

CHILD W E L F A R E ( A M E N D M E N T ) A C T , 1979 ,

N o . 1 3 1

A N N O V I C E S I M O O C T A V O

ELIZABETHE II REGINE

Act N o . 1 3 1 , 1 9 7 9 .

An Act to amend the Child Welfare Act, 1939, so as to provide for exemptions from certain licensing requirements of that Act; to increase the maximum penalties for certain offences against that Act; and for certain other purposes. [Assented to, 13th November, 1979.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1.      This Act may be cited as the "Child Welfare (Amendment)

Act, 1979".

2. (1) Except as provided in subsections ( 2 ) - ( 4 ) , this Act

shall commence on the date of assent to this Act.

(2) Section 4 shall, in its application to a provision of Schedule 1, commence or be deemed to have commenced on the day on which the provision commences or is deemed to have commenced, as the case may require.

(3 ) Schedule 1 (1) shall be deemed to have commenced

on 1st February, 1974.

(4) Schedule 1 (4 ) (h) shall commence on such day as

may be appointed by the Governor in respect thereof and as may

be notified by proclamation published in the Gazette.

3.      The Child Welfare Act, 1939, is referred to in this Act as

the Principal Act.

4.      The Principal Act is amended in the manner set forth in

Schedule 1.

Notwithstanding sections 33 and 48H (2) of the Principal Act, as amended by this Act, a person who, on or after the date of assent to this Act, is found guilty of an offence committed against the Principal Act before that date shall not be liable to any greater penalty than that to which he would have been liable if he had been found guilty of the offence immediately after he had committed it.

5.

SCHEDULE 1.

A M E N D M E N T S TO THE PRINCIPAL A C T .

(1 ) Section 10A ( 6 ) —

After "done" where secondly occurring, insert "or suffered".

(2 ) Section 2 9 A —

After section 29, i n se r t :—

29A. (1 ) The Minister may, by notice served on a

person, exempt the person, absolutely or subject to

or any of the provisions of section 29 ( 1 ) .	conditions specified in the notice, from the operation of all
(2) Where a person is exempted from the operation of any provision under subsection (1) subject to a condition, he is so exempted only while he does not contravene or fail to comply with the condition.
(3 ) The Minister may revoke an exemption given under subsection (1) by a further notice served on the person to whom it was given.

SCHEDULE 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

(3 ) (a) Section 3 3 —

Omit "fifty dollars", insert instead "$500".

(b ) Section 3 3 —

Omit "ten dollars", insert instead "$200".

(4 ) (a) Section 48H ( 1 ) —

Omit "and subject to subsections three and four of this section,".

(b) Section 48H (1 ) ( a ) —

Omit "home, or hostel or".

(c) Section 48H (1 ) ( i i ) —

Omit "hostel, centre or workshop, as the case may be, are", insert instead "centre or workshop, as the case may be, is".

(d) Section 48H ( 2 ) —

Omit "home, hostel,".

(e) Section 48H ( 2 ) —

Omit "fifty dollars", insert instead "$500".

(f) Section 48H ( 2 ) —

Omit "ten dollars", insert instead "$200".

(g) Section 48H ( 3 ) —

Omit the subsection.

SCHEDULE 1—continued.

A M E N D M E N T S TO THE PRINCIPAL ACT—continued.

(h) Section 48H (4) —

Omit the subsection.

(5) Section 4 8 H A —

After section 48H, insert :—

48HA. (1) The Minister may, by notice served on a

person, exempt the person,, absolutely or subject to conditions specified in the notice, from the operation of all or any of the provisions of section 48H ( 1 ) .

(2) Where a person is exempted from the operation of any provision under subsection (1 ) subject to a condition, he is so exempted only while he does not contravene or fail to comply with the condition.

(3) The Minister may revoke an exemption given

under subsection (1) by a further notice served on the

person to whom it was given.

(6) (a ) Section 48I ( 2 ) —

Omit "together with regulations relevant to such provisions".

(b) Section 48I ( 2 ) —

Omit ", children's depots, homes or hostels",

SCHEDULE 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

(7 ) ( a ) Section 4 8 J —

Omit "a home, hostel or private foster home, a day attendance centre, an activity centre or a sheltered workshop in respect of which there is no current license or which is conducted or controlled by a person who is not licensed to conduct or control that home, hostel, centre or workshop, as the case may be,",

insert instead "unlicensed premises".

(b ) Section 48 J ( 2 ) —

At the end of section 48 J, inse r t :—

(2) In subsection ( 1 ) , "unlicensed premises" means a private foster home, a day attendance centre, an activity centre or a sheltered workshop in respect of which there is no current license or which is conducted or controlled by a person who is not licensed to conduct or control that home, centre or workshop, as the case may be.

(8 )	( a ) Section 48M (1 ) ( d ) —
Omit "therein.", insert instead "therein;".
(b ) Section 48M (1 ) ( e ) —

After section 48M (1 ) ( d ) , i n se r t :—

(e) all matters that by Part VII, as applied by

section 48i, are required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to this Part.

SCHEDULE 1—continued.

A M E N D M E N T S TO THE PRINCIPAL ACT—continued.

(9 ) (a ) Section 161 (1) ( k ) —

After "Part VII", insert "or IX".

(b) Section 161 ( 2 ) —

Omit "sixty dollars", insert instead "$500".