Children and Community Services Amendment Regulations 2022 (WA)
22 April 2022 GOVERNMENT GAZETTE, WA 2759 COMMUNITY AND CHILD SERVICES
CN301
Children and Community Services Act 2004
Children and Community Services Amendment
Regulations 2022
SL 2022/49
Made by the Governor in Executive Council.
1. Citation
These regulations are the Children and Community Services
Amendment Regulations 2022.2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on 1 May 2022. 3. Regulations amended
These regulations amend the Children and Community Services
Regulations 2006.4. Regulation 4 amended
After regulation 4(1)(a)(i) insert:
(ia) is able to provide care for a child in a way that supports the child’s culture and identity; and
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5. Regulation 4A inserted
After regulation 4 insert:
4A. Interim placement arrangements
(Act s. 79(2)(a)(iv))(1) In this regulation — interim carer, in relation to an interim placement
arrangement, means the individual who provides, or
will provide, care for a child under the interim
placement arrangement.(2) The CEO may, under section 79(2), make an
arrangement (an interim placement arrangement) for
the placement of a child with an individual who is not
approved under regulation 4(1).(3) Before, or as soon as practicable after, an interim
placement arrangement is made in respect of a child,the following requirements must be met —
(a) the interim carer must make, and give to the CEO, a statutory declaration, in a form approved by the CEO, that addresses matters relevant to the interim carer’s suitability to
provide care for the child;
(b) the interim carer must consent to the CEO carrying out any check (including a criminal record check) that the CEO considers appropriate for the purposes of assessing the interim carer’s suitability to provide care for the
child;
(c) the CEO must confirm that a negative notice or an interim negative notice has not been issued to the interim carer under the Working with Children (Criminal Record Checking)
Act 2004;
(d)
an officer must visit the place where the child is, or will be, living under the interim placement arrangement.
(4) The CEO must cancel an interim placement arrangement if —
(a) any of the requirements in subregulation (3) are not met within 5 working days after the day on which the interim placement arrangement is made; or
(b)
the interim carer is not approved under regulation 4(1) within 6 months after the day on which the interim placement arrangement is made.
22 April 2022 GOVERNMENT GAZETTE, WA 2761
(5) If, within 6 months after the day on which an interim
placement arrangement is made, the interim carer is
approved under regulation 4(1), then, on and from the
date of approval, the interim placement arrangement is
taken to be a placement arrangement made under
section 79(2)(a)(i).6. Regulations 9AD and 9AE inserted
At the end of Part 4AA insert:
9AD. Information in application for entry warrant
(Act s. 241L(2)(a))An application for an entry warrant made under section 241L(1) must include the following —
(a) the applicant’s full name and official details; (b)
the place in relation to which the warrant is sought;
(c)
the authorised purpose for which entry to the place is required;
(d)
the grounds on which the applicant considers that entry to the place is required;
(e)
the period, not exceeding 14 days, proposed for execution of the warrant;
(f) a statement to the best of the applicant’s knowledge about whether an application for an
entry warrant in respect of the same place has
been made under section 241L(1) within the
previous 72 hours and, if so, whether or not an
entry warrant was issued.
9AE. Form of entry warrant (Act s. 241M(3)) An entry warrant issued under section 241M(1) must
be in the form of Schedule 1 Form 3A.7. Regulation 20A amended
Delete regulation 20A(i) and insert:
(i) the department of the Public Service principally assisting in the administration of the Mental Health Act 2014;
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8. Regulations 22 and 23 inserted
At the end of Part 6 insert:
22. Public authorities to which s. 22(4AA) applies
Section 22(4AA) applies to the following public
authorities —
(a) the department of the Public Service principally assisting in the administration of the Local Government Act 1995; (b) the department of the Public Service principally assisting in the administration of the Mental Health Act 2014; (c) the department of the Public Service principally Act 1981;
(d) the department of the Public Service principally assisting in the administration of the School Education Act 1999; (e) the department of the Public Service principally assisting in the administration of the Vocational Education and Training Act 1996 (other than Part 4 of that Act).
23. Prescribed criteria for person preparing report under s. 61(2B)
(1) In this regulation — Aboriginal or Torres Strait Islander organisation means a body corporate —
(a)
the governing body of which is comprised, or substantially comprised, of Aboriginal persons, Torres Strait Islanders or both Aboriginal persons and Torres Strait Islanders; and
(b)
that has as its principal object, or one of its principal objects, the promotion of the interests of Aboriginal persons, Torres Strait Islanders or both Aboriginal persons and Torres Strait Islanders.
(2) A person who prepares a written report for the purposes of section 61(2B) must be —
(a) an Aboriginal or Torres Strait Islander organisation the members of the governing body and staff of which have, between them —
(i) experience in the provision of social services to Aboriginal persons or Torres Strait Islanders; and
22 April 2022 GOVERNMENT GAZETTE, WA 2763
(ii) knowledge and understanding of the and
(iii) the ability to engage and communicate with Aboriginal children, Torres Strait Islander children and their families;
or
(b) an individual (other than an officer of the Department) who —
(i) is an Aboriginal person or Torres Strait Islander; and
(ii) has the experience, knowledge,
understanding and ability referred to in
paragraph (a)(i), (ii) and (iii).
(3) For the purposes of subregulation (2)(a)(ii), the matters are —
(a)
Aboriginal or Torres Strait Islander cultural practices; and
(b)
child protection practices and processes, including cultural support requirements; and
(c) child development; and
(d) child rearing practices in respect of Aboriginal children or Torres Strait Islander children; and (e) intergenerational trauma) associated with
the impact of trauma (including on the wellbeing of Aboriginal children, Torres Strait Islander children and their families.
9. Schedule 1 amended
(1) Delete the reference after the heading to Schedule 1 and insert: [r. 9AA, 9AB, 9AC, 9AE, 16E, 16I and 16L] (2) After Schedule 1 Form 3 insert:
3A. Entry warrant Children and Community Services Act 2004
Entry warrant
To *All authorised officers *All industrial inspectors *Delete if inapplicable
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Application The applicant has applied under the Children and Community
Services Act 2004 section 241L(1) to me, a magistrate, for a
warrant authorising the entry of a place for an authorised
purpose.Applicant’s details Full name and official details Authorised purpose
for which entry isrequired Suspected offence Provision(s) (if any) Warrant This warrant authorises you to enter the place described below. Place to be entered Execution period This warrant must be executed within ______ day(s) after the
date it is issued.Issuing details Name of
magistrate
Date Time Magistrate’s Issued by me on the above date and at the above time. signature Magistrate Execution details
Start Date: Time: End Date: Time: Occupier present? Yes/No Entry audiovisually recorded? Yes/No Person executing Name this warrant 10. Various references to “his or her” amended
In the provisions listed in the Table delete “his or her” and
insert:
their
Table
r. 4(1)(a)(iv) r. 11(1) and (2) r. 16I(c) r. 19 N. HAGLEY, Clerk of the Executive Council.
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