Children and Young Persons (Care and Protection) Act 1998 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)

Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.6 (not commenced)

Victims Rights and Victims of Crime Commissioner Act 2025 No 64, Sch 4.2 (not commenced)

whole Act (except sch 3): Am 2015 No 29, Sch 3 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively).

An Act to provide for the care and protection of, and the provision of services to, children and young persons; and for other purposes.

Chapter 1Preliminary1Name of Act

This Act is the Children and Young Persons (Care and Protection) Act 1998.

2Commencement

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

3Definitions(1)

In this Act—

Aboriginal—see section 5.

Aboriginal and Torres Strait Islander Children and Young Persons Principle—see section 12A(1).

accredited adoption service provider has the same meaning as in the Adoption Act 2000.

administrator, of the Guardian Ad Litem Panel, means—

  • (a)

    the Secretary, or

  • (b)

    the person prescribed by the regulations as the administrator of the Guardian Ad Litem Panel.

alternative dispute resolution—see section 244A.

authorised carer—see section 137.

authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.

authorised residential care worker—see section 137AA.

care application—see section 60.

care order—see section 60.

care plan means a plan to meet the needs of a child or young person—

  • (a)

    that is developed through agreement with the parents of the child or young person, or

  • (b)

    that represents a set of proposals for consideration by the Children’s Court.

Note.

A care plan is not enforceable except to the extent to which aspects of it are endorsed by an order of the Children’s Court.

care proceedings—see section 60.

care responsibility means the authority to exercise the functions specified in section 157.

carer applicant means a person who has applied to a designated agency to be authorised as an authorised carer and whose application has not been withdrawn or finally determined.

child means a person who is under the age of 16 years.

Children’s Court means the Children’s Court of New South Wales constituted by the Children’s Court Act 1987.

Children’s Court Clinic means the Children’s Court Clinic referred to in section 15B of the Children’s Court Act 1987.

Children’s Guardian means the Children’s Guardian appointed under section 115 of the Children’s Guardian Act 2019.

Children’s Registrar means a Children’s Registrar within the meaning of the Children’s Court Act 1987.

contact order—see section 86(1).

contract breach notice—see section 38E.

Department means the Department of Communities and Justice.

designated agency has the same meaning as in the Children’s Guardian Act 2019.

direct legal representative—see section 99A(1).

entity includes—

  • (a)

    a person, and

  • (b)

    an unincorporated body.

exercise a function includes perform a duty.

function includes—

  • (a)

    a power, and

  • (b)

    an authority, and

  • (c)

    a duty.

guardian—see section 79A.

Guardian Ad Litem Panel means the panel constituted as the Guardian Ad Litem Panel by the administrator.

guardianship order—see section 79A(2).

high level identification information, in relation to a child or young person who is in the care responsibility of the Secretary (whether under a temporary care arrangement or otherwise) or who is in out-of-home care, means the following—

  • (a)

    the surnames of the authorised carer of the child or young person and of any other person living in the household of the authorised carer,

  • (b)

    the street address and locality of the authorised carer of the child or young person,

  • (c)

    the telephone number of the authorised carer of the child or young person,

  • (d)

    details of the employment or activities of the authorised carer of the child or young person that would be sufficient to identify the authorised carer,

  • (e)

    the name of the school that the child or young person is attending,

  • (f)

    any other type of information prescribed by the regulations.

independent legal representative—see section 99A(2).

kin of a child or young person means a person who shares a cultural, tribal or community connection with the child or young person that is recognised by that child or young person’s family or community.

legal representative means an Australian legal practitioner.

non-court proceedings means any aspect of care proceedings that is not conducted before the Children’s Court and includes, but is not limited to, the following—

  • (a)

    any counselling,

  • (b)

    any dispute resolution conference under section 65 or 91D,

  • (c)

    any other alternative dispute resolution process.

out-of-home care—see section 135.

parent of a child or young person means a person having parental responsibility for the child or young person.

parent capacity order—see section 91A.

parent responsibility contract—see section 38A.

parental responsibility, in relation to a child or young person, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.

permanency plan means a plan that makes provision with respect to permanency planning.

permanency plan involving restoration—see section 84.

permanency planning—see section 78A.

permanent placement—see section 10A(1).

permanent placement principles—see section 10A(3).

primary care-giver, in relation to a child or young person, means each person who is primarily responsible for the care and control, including the day-to-day care and control, of the child or young person (whether or not that person is the person with parental responsibility or care responsibility for the child or young person).

principal officer—see section 5A.

principle of active efforts—see section 9A.

prohibition order—see section 90A(1).

prospective guardian means a person whose suitability to have parental responsibility for a child or young person allocated to the person under a guardianship order is being considered (whether by the Secretary, a designated agency or the Children’s Court) and who has agreed to an assessment of the person’s suitability under section 79B(1A) (including as applied by section 38(4)).

Registrar means the following—

  • (a)

    a Children’s Registrar within the meaning of the Children’s Court Act 1987,

  • (b)

    a Registrar of the Children’s Court referred to in section 11 of that Act,

  • (c)

    any authorised justice within the meaning of the Bail Act 2013.

relative of a child or young person means any of the following—

  • (a)

    a parent, step-parent, or spouse of a parent or step-parent, of the child or young person,

  • (b)

    a grandparent, brother, sister, step-brother, step-sister, cousin, niece or nephew, uncle or aunt (whether by blood, marriage, affinity or adoption) of the child or young person,

  • (c)

    a person who has parental responsibility for the child or young person (not being the Minister, the Secretary or a person who has parental responsibility other than in his or her personal capacity),

  • (d)

    a person who has care responsibility for the child or young person under the Adoption Act 2000 (not being the Minister, the Secretary or a person who has care responsibility other than in his or her personal capacity),

  • (e)

    in the case of a child or young person who is an Aboriginal or Torres Strait Islander—a person who is part of the extended family or kin of the child or young person.

report means a report made under section 24, 25 or 27.

rules means rules made under the Children’s Court Act 1987.

Secretary means the Secretary of the Department.

Torres Strait Islander—see section 5.

young person means a person who is aged 16 years or above but who is under the age of 18 years.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

In this section, spouse of a person means—

  • (a)

    a person to whom the person is legally married (including a husband or wife of the person), or

  • (b)

    the person’s de facto partner,

but if more than one person would so qualify as a spouse, means only the latest person to so qualify.

Note.

De facto partner is defined in section 21C of the Interpretation Act 1987.

s 3: Am 2000 No 76, Sch 2 [1] [2]; 2001 No 91, Sch 1 [1] [2]; 2002 No 103, Sch 4.6 [1]; 2003 No 26, Sch 2.1 [1]; 2003 No 40, Sch 1.6 [1]; 2005 No 93, Sch 1 [1]; 2006 No 60, Sch 1 [1]; 2006 No 67, Sch 1 [1]; 2006 No 95, Sch 3 [1]; 2009 No 13, Schs 1.2 [1], 1.6 [1]; 2010 No 63, Sch 1.2 [1]; 2010 No 67, Sch 1 [1]; 2011 No 70, Sch 2.2 [1]; 2013 No 31, Sch 2 [1]; 2013 No 47, Sch 2.5 [1]; 2014 No 5, Sch 2.2 [1]; 2014 No 8, Sch 1 [1]–[4]; 2015 No 29, Sch 3 [2]; 2018 No 28, Sch 1.6; 2018 No 68, 1.3 [1]; 2018 No 81, Sch 1 [1]; 2019 No 25, Sch 5.8[1]; 2021 No 45, Sch 3[1]; 2022 No 33, Sch 2.2[1]; 2022 No 67, Sch 1[1].

4Children and young persons to whom this Act applies(1)

The functions conferred or imposed by this Act and the regulations may be exercised in respect of children and young persons—

  • (a)

    who ordinarily live in New South Wales, or

  • (b)

    who do not ordinarily live in New South Wales, but who—

    • (i)

      are present in New South Wales, or

    • (ii)

      have a sufficient connection to New South Wales, or

  • (c)

    who are subject to an event or circumstances occurring in New South Wales that gives or give rise to a report.

(2)

This Act is intended to have extraterritorial application in so far as the legislative powers of the State permit, including in relation to children and young persons who do not ordinarily live in, or who are not present in, New South Wales.

(3)

In determining whether a child or young person has a sufficient connection to New South Wales for subsection (1)(b)(ii), the following may be considered—

  • (a)

    whether the child or young person is the subject of a care order under this Act,

  • (b)

    whether members of the child or young person’s family, kin or community live in New South Wales,

  • (c)

    any time the child or young person spends in New South Wales, including under arrangements for contact,

  • (d)

    whether the child or young person attends school or participates in other programs or services in New South Wales,

  • (e)

    any plans for the child or young person to return to live in New South Wales, including plans for the child or young person to be restored to the child or young person’s parents in New South Wales,

  • (f)

    whether the particular matter could be dealt with by another court in another jurisdiction.

s 4: Am 2024 No 15, Sch 1[1] [2].

5Meaning of “Aboriginal” and “Torres Strait Islander”(1)

In this Act—

Aboriginal has the same meaning as Aboriginal person has in the Aboriginal Land Rights Act 1983.

Aboriginal child or young person means a child or young person descended from an Aboriginal and includes a child or young person who is the subject of a determination under subsection (2).

Torres Strait Islander means a person who—

  • (a)

    is descended from a Torres Strait Islander, and

  • (b)

    identifies as a Torres Strait Islander, and

  • (c)

    is accepted as a Torres Strait Islander by a Torres Strait Islander community.

Torres Strait Islander child or young person means a child or young person descended from a Torres Strait Islander and includes a child or young person who is the subject of a determination under subsection (3).

(2)

Despite the definition of Aboriginal person in the Aboriginal Land Rights Act 1983, the Children’s Court may determine that a child or young person is an Aboriginal for the purposes of this Act if the Children’s Court is satisfied that the child or young person is of Aboriginal descent.

(3)

Despite the definition of Torres Strait Islander in subsection (1), the Children’s Court may determine that a child or young person is a Torres Strait Islander for the purposes of this Act if the Children’s Court is satisfied that the child or young person is of Torres Strait Islander descent.

s 5: Subst 2000 No 76, Sch 2 [3]. Am 2001 No 118, Sch 2.2 [1] [2].

5AMeaning of “principal officer”(1)

In this Act, principal officer, in relation to a registered agency or a designated agency has the same meaning as in the Children’s Guardian Act 2019.

(2), (3)

(Repealed)

(4)

Anything done by, or with the approval of, the principal officer of a designated agency or a registered agency in relation to out-of-home care is, for the purposes of this Act and the regulations, taken to be done by the designated agency or registered agency concerned.

(5)

Nothing in subsection (4) affects any personal liability of the principal officer.

s 5A: Ins 2015 No 29, Sch 3 [3]. Am 2019 No 25, Sch 5.8[2].

6Notes

Notes and diagrams included in this Act are explanatory notes and do not form part of this Act.

Chapter 2Objects, principles and responsibilitiesPart 1Objects and principles7What is the role of the objects and principles of this Act?

The provisions of this Chapter are intended to give guidance and direction in the administration of this Act. They do not create, or confer on any person, any right or entitlement enforceable at law.

8What are the objects of this Act?

The objects of this Act are to provide—

  • (a)

    that children and young persons receive such care and protection as is necessary for their safety, welfare and well-being, having regard to the capacity of their parents or other persons responsible for them, and

  • (a1)

    recognition that the primary means of providing for the safety, welfare and well-being of children and young persons is by providing them with long-term, safe, nurturing, stable and secure environments through permanent placement in accordance with the permanent placement principles, and

  • (b)

    that all institutions, services and facilities responsible for the care and protection of children and young persons provide an environment for them that is free of violence and exploitation and provide services that foster their health, developmental needs, spirituality, self-respect and dignity, and

  • (c)

    that appropriate assistance is rendered to parents and other persons responsible for children and young persons in the performance of their child-rearing responsibilities in order to promote a safe and nurturing environment.

s 8: Am 2009 No 13, Sch 1.2 [2]; 2014 No 8, Sch 1 [5].

9Principles for administration of Act(1)

This Act is to be administered under the principle that, in any action or decision concerning a particular child or young person, the safety, welfare and well-being of the child or young person are paramount.

(2)

Subject to subsection (1), the other principles to be applied in the administration of this Act are as follows—

  • (a)

    Wherever a child or young person is able to form his or her own views on a matter concerning his or her safety, welfare and well-being, he or she must be given an opportunity to express those views freely and those views are to be given due weight in accordance with the developmental capacity of the child or young person and the circumstances.

  • (b)

    In all actions and decisions made under this Act (whether by legal or administrative process) that significantly affect a child or young person, account must be taken of the culture, disability, language, religion, gender identity, variations of sex characteristics and sexuality of the child or young person and, if relevant, those with parental responsibility for the child or young person.

  • (c)

    In deciding what action it is necessary to take (whether by legal or administrative process) in order to protect a child or young person from harm, the course to be followed must be the least intrusive intervention in the life of the child or young person and his or her family that is consistent with the paramount concern to protect the child or young person from harm and promote the child’s or young person’s development.

  • (d)

    If a child or young person is temporarily or permanently deprived of his or her family environment, or cannot be allowed to remain in that environment in his or her own best interests, the child or young person is entitled to special protection and assistance from the State, and his or her name, identity, language, cultural and religious ties should, as far as possible, be preserved.

  • (e)

    If a child or young person is placed in out-of-home care, arrangements should be made, in a timely manner, to ensure the provision of a safe, nurturing, stable and secure environment, recognising the child’s or young person’s circumstances and that, the younger the age of the child, the greater the need for early decisions to be made in relation to a permanent placement.

  • (f)

    If a child or young person is placed in out-of-home care, the child or young person is entitled to a safe, nurturing, stable and secure environment. Unless it is contrary to his or her best interests, and taking into account the wishes of the child or young person, this will include the retention by the child or young person of relationships with people significant to the child or young person, including birth or adoptive parents, siblings, extended family, peers, family friends and community.

  • (g)

    If a child or young person is placed in out-of-home care, the permanent placement principles are to guide all actions and decisions made under this Act (whether by legal or administrative process) regarding permanent placement of the child or young person.

s 9: Am 2001 No 91, Sch 1 [3] [4]; 2002 No 53, Sch 1.1 [1] [2]. Subst 2009 No 13, Sch 1.2 [3]. Am 2014 No 8, Sch 1 [6]; 2024 No 71, Sch 2[1].

9APrinciple of making “active efforts”(1)

The Secretary must act in accordance with the principle of active efforts in exercising functions under this Act.

(2)

The principle of active efforts means—

  • (a)

    in taking action to safeguard or promote the safety, welfare and well-being of a child or young person—making active efforts to prevent the child or young person from entering out-of-home care, and

  • (b)

    for a child and young person who has been removed from the child’s or young person’s parents or family—

    • (i)

      making active efforts to restore the child or young person to the child’s or young person’s parents, or

    • (ii)

      for a child or young person for whom it is not practicable or in the child’s or young person’s best interests to be restored to the child’s or young person’s parents—to place the child or young person with family, kin or community.

      Note—

      See the permanent placement principles in section 10A and the placement principles for Aboriginal and Torres Strait Islander children and young persons in section 13.

(3)

Under the principle of active efforts, the Secretary must also ensure active efforts are—

  • (a)

    timely, and

  • (b)

    practicable, thorough and purposeful, and

  • (c)

    aimed at addressing the grounds on which the child or young person is considered to be in need of care and protection, and

  • (d)

    conducted, to the greatest extent possible, in partnership with the child or young person and the family, kin and community of the child or young person, and

  • (e)

    culturally appropriate, and

  • (f)

    otherwise in accordance with any requirements prescribed by the regulations.

(4)

Without limiting subsections (1)–(3), active efforts include—

  • (a)

    providing, facilitating or assisting with access to support services and other resources, and

  • (b)

    if appropriate services or resources do not exist or are not available—considering alternative ways of addressing the relevant needs of the child or young person and the family, kin or community of the child or young person, and

  • (c)

    activities directed at finding and contacting the family, kin and community of the child or young person, and

  • (d)

    the use of any of the following—

    • (i)

      a parent responsibility contract,

    • (ii)

      a parent capacity order,

    • (iii)

      a temporary care arrangement under Chapter 8, Part 3, Division 1,

    • (iv)

      alternative dispute resolution under section 37, and

  • (e)

    another matter, activity or action prescribed by the regulations.

(5)

To avoid doubt, this section is subject to the requirement under section 9(1) that this Act is to be administered under the principle that, in any action or decision concerning a particular child or young person, the safety, welfare and well-being of the child or young person are paramount.

s 9A: Ins 2022 No 67, Sch 1[2].

10The principle of participation(1)

To ensure that a child or young person is able to participate in decisions made under or pursuant to this Act that have a significant impact on his or her life, the Secretary is responsible for providing the child or young person with the following—

  • (a)

    adequate information, in a manner and language that he or she can understand, concerning the decisions to be made, the reasons for the Department’s intervention, the ways in which the child or young person can participate in decision-making and any relevant complaint mechanisms,

  • (b)

    the opportunity to express his or her views freely, according to his or her abilities,

  • (c)

    any assistance that is necessary for the child or young person to express those views,

  • (d)

    information as to how his or her views will be recorded and taken into account,

  • (e)

    information about the outcome of any decision concerning the child or young person and a full explanation of the reasons for the decision,

  • (f)

    an opportunity to respond to a decision made under this Act concerning the child or young person.

(2)

In the application of this principle, due regard must be had to the age and developmental capacity of the child or young person.

(3)

Decisions that are likely to have a significant impact on the life of a child or young person include, but are not limited to, the following—

  • (a)

    plans for emergency or ongoing care, including placement,

  • (b)

    the development of care plans concerning the child or young person,

  • (c)

    Children’s Court applications concerning the child or young person,

  • (d)

    reviews of care plans concerning the child or young person,

  • (e)

    provision of counselling or treatment services,

  • (f)

    contact with family or others connected with the child or young person.

10APermanent placement principles(1)

In this Act—

permanent placement means a long-term placement following the removal of a child or young person from the care of a parent or parents pursuant to this Act that provides a safe, nurturing, stable and secure environment for the child or young person.

(2)

Subject to the objects in section 8 and the principles in section 9, a child or young person who needs permanent placement is to be placed in accordance with the permanent placement principles.

(3)

The permanent placement principles are as follows—

  • (a)

    if it is practicable and in the best interests of a child or young person, the first preference for permanent placement of the child or young person is for the child or young person to be restored to the care of his or her parent (within the meaning of section 83) or parents so as to preserve the family relationship,

  • (b)

    if it is not practicable or in the best interests of the child or young person to be placed in accordance with paragraph (a), the second preference for permanent placement of the child or young person is with a relative, kin or other suitable person in accordance with a guardianship order,

  • (b1)

    if it is not practicable or in the best interests of the child or young person to be placed in accordance with paragraph (a) or (b), the next preference is placement with a suitable person or persons jointly in accordance with an order made under section 79(1)(f), with the support of the Secretary under section 153(1) or financial assistance of the Secretary under section 161(1),

  • (c)

    if it is not practicable or in the best interests of the child or young person to be placed in accordance with paragraph (a), (b) or (b1), the next preference is (except in the case of an Aboriginal or Torres Strait Islander child or young person) for the child or young person to be adopted,

  • (d)

    if it is not practicable or in the best interests of the child or young person to be placed in accordance with paragraph (a), (b), (b1) or (c), the last preference is for the child or young person to be placed under the parental responsibility of the Minister under this Act or any other law,

  • (e)

    if it is not practicable or in the best interests of an Aboriginal or Torres Strait Islander child or young person to be placed in accordance with paragraph (a), (b), (b1) or (d), the last preference is for the child or young person to be adopted.

s 10A: Ins 2014 No 8, Sch 1 [7]. Am 2022 No 67, Sch 1[3]–[6].

Part 2Aboriginal and Torres Strait Islander principles11Aboriginal and Torres Strait Islander self-determination(1)

It is a principle to be applied in the administration of this Act that Aboriginal and Torres Strait Islander people are to participate in the care and protection of their children and young persons with as much self-determination as is possible.

(2)

To assist in the implementation of the principle in subsection (1), the Minister may negotiate and agree with Aboriginal and Torres Strait Islander people to the implementation of programs and strategies that promote self-determination.

12Aboriginal and Torres Strait Islander participation in decision-making

Aboriginal and Torres Strait Islander families, kinship groups, representative organisations and communities are to be given the opportunity, by means approved by the Minister, to participate in decisions made concerning the placement of their children and young persons and in other significant decisions made under this Act that concern their children and young persons.

12AAboriginal and Torres Strait Islander Children and Young Persons Principle(1)

This section sets out the Aboriginal and Torres Strait Islander Children and Young Persons Principle, which applies to the administration of this Act in relation to Aboriginal and Torres Strait Islander children and young persons.

(2)

The Aboriginal and Torres Strait Islander Children and Young Persons Principle consists of the following 5 elements—

  • (a)

    prevention—recognising that a child or young person has a right to be brought up within the child’s or young person’s own family, community and culture,

  • (b)

    partnership—recognising that Aboriginal and Torres Strait Islander community representatives should participate in the design and delivery of services for children and young persons and in individual decisions about children and young persons,

  • (c)

    placement—recognising that, if a child is to be placed in out-of-home care, the child’s placement is to be in accordance with the placement principles for Aboriginal and Torres Strait Islander children and young persons in section 13,

  • (d)

    participation—recognising that a child or young person, and the child’s or young person’s parents and family members, should participate in decisions about the care and protection of the child or young person,

  • (e)

    connection—recognising that a child or young person has a right to be supported to maintain connections to family, community, culture and country.

(3)

In making a decision under this Act in relation to a matter involving an Aboriginal or Torres Strait Islander child or young person, a decision maker must apply each of the elements of the Aboriginal and Torres Strait Islander Children and Young Persons Principle that are relevant to the decision being made.

s 12A: Ins 2022 No 67, Sch 1[7].

13Aboriginal and Torres Strait Islander Child and Young Person Placement Principles(1)

Subject to the objects in section 8 and the principles in section 9, an Aboriginal or Torres Strait Islander child or young person who needs to be placed in statutory out-of-home care is to be placed with—

  • (a)

    a member of the child’s or young person’s extended family or kinship group, as recognised by the Aboriginal or Torres Strait Islander community to which the child or young person belongs, or

  • (b)

    if it is not practicable for the child or young person to be placed in accordance with paragraph (a) or it would not be in the best interests of the child or young person to be so placed—a member of the Aboriginal or Torres Strait Islander community to which the child or young person belongs, or

  • (c)

    if it is not practicable for the child or young person to be placed in accordance with paragraph (a) or (b) or it would not be in the best interests of the child or young person to be so placed—a member of some other Aboriginal or Torres Strait Islander family residing in the vicinity of the child’s or young person’s usual place of residence, or

  • (d)

    if it is not practicable for the child or young person to be placed in accordance with paragraph (a), (b) or (c) or it would be detrimental to the safety, welfare and well-being of the child or young person to be so placed—a suitable person approved by the Secretary after consultation with—

    • (i)

      members of the child’s or young person’s extended family or kinship group, as recognised by the Aboriginal or Torres Strait Islander community to which the child or young person belongs, and

    • (ii)

      such Aboriginal or Torres Strait Islander organisations as are appropriate to the child or young person.

Note.

The placement principles set out in this section also apply to the making of guardianship orders in relation to Aboriginal and Torres Strait Islander children and young persons (see section 79A(3)(c)).

(2)

In determining where a child or young person is to be placed, account is to be taken of whether the child or young person identifies as an Aboriginal or Torres Strait Islander and the expressed wishes of the child or young person.

(3)

If a child or young person has parents from different Aboriginal or Torres Strait Islander communities, the order for placement established by paragraphs (a), (b), (c) and (d) of subsection (1) applies, but the choice of a member or person referred to in those paragraphs is to be made so that the best interests of the child or young person will be served having regard to the principles of this Act.

(4)

If a child or young person has one Aboriginal or Torres Strait Islander parent and one non-Aboriginal and Torres Strait Islander parent, the child or young person may be placed with the person with whom the best interests of the child or young person will be served having regard to the principles of this Act.

(5)

If a child or young person to whom subsection (4) applies—

  • (a)

    is placed with a person who is not within an Aboriginal or Torres Strait Islander family or community, arrangements must be made to ensure that the child or young person has the opportunity for continuing contact with his or her Aboriginal or Torres Strait Islander family, community and culture, or

  • (b)

    is placed with a person who is within an Aboriginal or Torres Strait Islander family or community, arrangements must be made to ensure that the child or young person has the opportunity for continuing contact with his or her non-Aboriginal and Torres Strait Islander family, community and culture.

(6)

The following principles are to determine the choice of a carer if an Aboriginal or Torres Strait Islander child or young person is placed with a carer who is not an Aboriginal or Torres Strait Islander—

  • (a)

    Subject to the best interests of the child or young person, a fundamental objective is to be the reunion of the child or young person with his or her family or Aboriginal or Torres Strait Islander community.

  • (b)

    Continuing contact must be ensured between the child or young person and his or her Aboriginal or Torres Strait Islander family, community and culture.

These principles are subject to subsection (2).

(7)

Subsection (1) does not apply to—

  • (a)

    an emergency placement made to protect a child or young person from serious risk of immediate harm, or

  • (b)

    a placement for a duration of less than 2 weeks.

(8)

Where an emergency placement is made to protect an Aboriginal or Torres Strait Islander child or young person from serious risk of immediate harm, the Secretary must consult with the appropriate Aboriginal or Torres Strait Islander community as soon as practicable after the safety of the child or young person has been secured.

Note.

In the course of any consultation under this Part, the Secretary must have regard to the right of Aboriginal or Torres Strait Islander children and young persons and their families to confidentiality.

s 13: Am 2000 No 76, Sch 2 [4]; 2003 No 40, Sch 1.6 [2]; 2009 No 13, Sch 1.3 [1]; 2014 No 8, Sch 1 [8].

14Records relating to Aboriginals and Torres Strait Islanders(1)

All records made within the Department relating to the placement in statutory or supported out-of-home care of Aboriginal and Torres Strait Islander children and young persons are to be kept permanently.

(2)

If an Aboriginal or Torres Strait Islander child or young person has been placed in statutory or supported out-of-home care—

  • (a)

    the child or young person, and

  • (b)

    a birth or adoptive parent of the child or young person, and

  • (c)

    a person authorised in writing by the child, young person or parent,

is entitled to have access, in accordance with the regulations, to all records kept by the Department that relate to the placement.

(3)

(Repealed)

(4)

Subsection (2) does not confer a right or entitlement to information that is subject to Chapter 8 of the Adoption Act 2000.

(5)

The regulations may make provision for or with respect to the keeping of and access to records to which this section applies.

s 14: Am 2000 No 76, Sch 2 [5] [6]; 2002 No 53, Sch 1.1 [2]; 2002 No 112, Sch 1.3 [1]; 2009 No 13, Sch 1.3 [2]; 2009 No 54, Sch 2.8 [1]; 2012 No 42, Sch 2.6.

Part 3Roles of the Minister and Secretary15General role of the Minister

The Minister is to promote a partnership approach between the government, non-government agencies, families, corporations, business agencies and the community in taking responsibility for and dealing with children and young persons who are in need of care and protection under this Act.

16General role of the Secretary(1)

The Secretary is to provide services and promote the development, adoption and evaluation of policies and procedures that accord with the objects and principles of this Act.

Note.

This role may include—

  • providing assistance to children and young persons

  • involving children and young persons and their families in processes that affect them and making services and information available to them

  • consistent with the care and protection of children and young persons, promoting the raising of children and young persons within families

  • supporting communities involved in the care and protection of children and young persons

  • regularly reviewing action

  • implementing procedures to assess the suitability of people having contact with children and young persons

  • undertaking or encouraging research, education or training.

(2)

The Secretary is to promote the development of procedures and protocols with government departments and agencies and the community sector that promote the care and protection of children and young persons and to ensure that these procedures and protocols are implemented and regularly reviewed.

(3)

The objects of the procedures and protocols referred to in subsection (2) are—

  • (a)

    to promote the development of co-ordinated strategies for the care and protection of children and young persons and for the provision of support services directed towards strengthening and supporting families (including the provision of prioritised access to support services to children and young persons at risk of significant harm and to their families), and

  • (b)

    to co-ordinate the provision of services for assisting young persons leaving statutory out-of-home care, and

  • (c)

    to co-ordinate the early provision of alternative dispute resolution processes for children and young persons at risk of significant harm and their families who wish to participate in those processes.

    Note.

    Section 37(1A) requires the Secretary, on determining that a child or young person is at risk of significant harm, to offer these processes to the family of the child or young person (subject to certain exceptions) before seeking care orders.

s 16: Am 2009 No 13, Sch 1.3 [1]; 2018 No 81, Sch 1 [2] [3].

17Secretary’s request for services from other agencies(1)

In deciding what action should be taken to promote and safeguard the safety, welfare and well-being of a child or young person, the Secretary may request a government department or agency, or a non-government agency in receipt of government funding, to provide services to the child or young person or to his or her family.

(2)

Without limiting the generality of subsection (1), the Secretary may request a government department or agency, or a non-government agency in receipt of government funding, to provide prioritised access to services to a child or young person who is at risk of significant harm and to his or her family.

s 17: Am 2018 No 81, Sch 1 [4].

18Obligation to co-operate(1)

The government department or agency, or the non-government agency, must use its best endeavours to comply with a request made to it under section 17 if it is consistent with its own responsibilities and does not unduly prejudice the discharge of its functions.

(2)

Subsection (1) does not, in the case of a non-government agency in receipt of government funding, limit any obligation imposed on the agency in accordance with the agreement under which it receives that funding.

(3)

To avoid doubt, a reference in subsection (1) to the responsibilities and functions of a department or agency includes, in the case of its provision of health services—

  • (a)

    its responsibilities under the Medicare Principles and Commitments (adopted under section 68 of the Health Services Act 1997) in the provision of public hospital services, and

  • (b)

    its functions in clinical decision-making.

s 18: Am 2009 No 13, Sch 1.2 [4] [5]; 2018 No 81, Sch 1 [5].

19Interagency co-operation and exchange of information

The provisions of this Part do not limit the operation of Chapter 16A or section 248.

s 19: Subst 2009 No 13, Sch 1.6 [2].

Chapter 3Requests for assistance and reports

ch 3, diagrams: Rep 2009 No 13, Sch 1.6 [3].

Part 1Requests for assistance20Request for assistance by child or young person

A child or young person may seek assistance from the Secretary.

21Request for assistance by parent of child or young person or by funded non-government agency(1)

A parent of a child or young person may seek assistance from the Secretary in order to obtain services that will enable the child or young person to remain in, or return to, the care of his or her family.

(2)

Without limiting subsection (1), a non-government agency in receipt of government funding may, on behalf of a child or young person in respect of whom the agency provides services in accordance with the agreement under which it receives that funding, seek assistance from the Secretary in order to obtain other services for the child or young person.

Note.

Under section 113, a parent, child or young person, or any other person may also ask the Secretary for assistance—

  • (a)

    if there is a serious or persistent conflict between the parents and the child or young person of such a nature that the safety, welfare or well-being of the child or young person is in jeopardy, or

  • (b)

    if the parents are unable to provide adequate supervision for the child or young person to such an extent that the safety, welfare or well-being of the child or young person is in jeopardy.

Requests for assistance in these circumstances are dealt with in accordance with Part 1 of Chapter 7.

s 21: Am 2009 No 13, Sch 1.2 [6].

22Secretary’s response to requests for assistance(1)

If a person or non-government agency seeks assistance from the Secretary under this Part (whether or not a child or young person is suspected of being in need of care and protection), the Secretary must—

  • (a)

    provide whatever advice or material assistance, or make such referral, as the Secretary considers necessary, or

  • (b)

    take whatever other action the Secretary considers necessary,

to safeguard or promote the safety, welfare and well-being of the child or young person.

(2)

Subsection (1) does not, however, require the Secretary to take any action other than assessing the request for assistance.

Note.

The Secretary, in responding to a request for assistance, can provide services or arrange for other government departments and agencies, or community organisations, to provide services to assist children, young persons and their families.

If the Secretary determines that a child or young person is at risk of significant harm, the Secretary must offer alternative dispute resolution processes to the family of the child or young person (subject to certain exceptions) before seeking care orders.

The Secretary may request government departments or agencies, or non-government agencies in receipt of government funding, to provide prioritised access to services to children or young persons who are at risk of significant harm and to their families.

The Department may also play a role in referring people to services provided under Commonwealth legislation, such as Family Court counselling and access to maintenance entitlements or other benefits.

s 22: Subst 2009 No 13, Sch 1.2 [7]. Am 2018 No 81, Sch 1 [6] [7].

Part 2Reports23Child or young person at risk of significant harm(1)

For the purposes of this Part and Part 3, a child or young person is at risk of significant harm if current concerns exist for the safety, welfare or well-being of the child or young person because of the presence, to a significant extent, of any one or more of the following circumstances—

  • (a)

    the child’s or young person’s basic physical or psychological needs are not being met or are at risk of not being met,

  • (b)

    the parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive necessary medical care,

  • (b1)

    in the case of a child or young person who is required to attend school in accordance with the Education Act 1990—the parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive an education in accordance with that Act,

  • (c)

    the child or young person has been, or is at risk of being, physically or sexually abused or ill-treated,

  • (d)

    the child or young person is living in a household where there have been incidents of domestic violence and, as a consequence, the child or young person is at risk of serious physical or psychological harm,

  • (e)

    a parent or other caregiver has behaved in such a way towards the child or young person that the child or young person has suffered or is at risk of suffering serious psychological harm,

  • (f)

    the child was the subject of a pre-natal report under section 25 and the birth mother of the child did not engage successfully with support services to eliminate, or minimise to the lowest level reasonably practical, the risk factors that gave rise to the report.

Note.

Physical or sexual abuse may include an assault and can exist despite the fact that consent has been given.

(2)

Any such circumstances may relate to a single act or omission or to a series of acts or omissions.

Note.

See also section 154(2)(a) for another circumstance in which a child or young person is taken to be at risk of significant harm.

s 23: Am 2006 No 95, Sch 1 [1]; 2009 No 13, Sch 1.1 [1]–[4]; 2019 No 25, Sch 5.8[3].

24Report concerning child or young person at risk of significant harm

A person who has reasonable grounds to suspect that a child or young person is, or that a class of children or young persons are, at risk of significant harm may make a report to the Secretary.

s 24: Am 2009 No 13, Sch 1.1 [5].

25Pre-natal reports

A person who has reasonable grounds to suspect, before the birth of a child, that the child may be at risk of significant harm after his or her birth may make a report to the Secretary.

Note.

The intentions of this section are—

  • (a)

    to allow assistance and support to be provided to an expectant parent to reduce the likelihood that the parent’s child, when born, will need to be placed in out-of-home care, and

  • (b)

    to provide early information that a child who is not yet born may be at risk of significant harm subsequent to his or her birth, and

  • (c)

    in conjunction with section 23(f) and section 27, to provide for mandatory reporting if there are reasonable grounds to believe that the child is at risk of significant harm subsequent to his or her birth.

s 25: Am 2006 No 95, Sch 1 [2]; 2009 No 13, Sch 1.1 [5]; 2014 No 8, Sch 1 [9].

26Anonymity

A report under section 24 or 25 may be made anonymously.

27Mandatory reporting(1)

This section applies to—

  • (a)

    a person who, in the course of his or her professional work or other paid employment delivers health care, welfare, education, children’s services, residential services, or law enforcement, wholly or partly, to children, and

  • (b)

    a person who holds a management position in an organisation the duties of which include direct responsibility for, or direct supervision of, the provision of health care, welfare, education, children’s services, residential services, or law enforcement, wholly or partly, to children, and

  • (c)

    a person in religious ministry, or a person providing religion-based activities to children, and

  • (d)

    a registered psychologist providing a professional service as a psychologist.

(2)

If—

  • (a)

    a person to whom this section applies has reasonable grounds to suspect that a child is at risk of significant harm, and

  • (b)

    those grounds arise during the course of or from the person’s work or role specified in subsection (1),

it is the duty of the person to report, as soon as practicable, to the Secretary the name, or a description, of the child and the grounds for suspecting that the child is at risk of significant harm.

(3)

A person to whom this section applies satisfies his or her obligations under subsection (2) in relation to two or more children that constitute a particular class of children if the person reports that class of children to the Secretary together with—

  • (a)

    a description that is sufficient to identify all the children who constitute the class, and

  • (b)

    the grounds for suspecting that the children of that class are at risk of significant harm.

(4)

In this section—

children’s services means either or both of the following (subject to the regulations)—

  • (a)

    an education and care service within the meaning of the Children (Education and Care Services) National Law (NSW),

  • (b)

    a State regulated education and care service within the meaning of the Children (Education and Care Services) Supplementary Provisions Act 2011.

s 27: Am 2003 No 82, Sch 1.6 [1]; 2009 No 13, Sch 1.1 [5]–[7]; 2018 No 81, Sch 1 [8]; 2019 No 25, Sch 5.8[4] [5].

27AAlternative reporting arrangements(1)

In this section—

assessment officer, in relation to a relevant agency, means a person appointed or designated by the head of the agency as an assessment officer of the agency for the purposes of an arrangement under this section.

head of a relevant agency means—

  • (a)

    (subject to paragraph (b)) the person who is the chief executive officer, or who exercises the functions of chief executive officer, of the agency, or

  • (b)

    the person prescribed by the regulations.

relevant agency means any of the following—

  • (a)

    the NSW Health Service (including the Health Executive Service referred to in section 121B of the Health Services Act 1997),

  • (b)

    the NSW Police Force,

  • (c)

    the Teaching Service,

  • (d)

    the Ministry of Health,

  • (e)

    the Department of Education,

  • (f)

    the TAFE Commission,

  • (g)

    the Department of Communities and Justice,

  • (h)

    any other agency or organisation prescribed by the regulations for the purposes of this section.

(2)

The Secretary and the head of a relevant agency may enter into an arrangement under which a person (the staff member) who—

  • (a)

    is employed in or engaged by the relevant agency, and

  • (b)

    is a person to whom section 27 applies,

may, in accordance with the terms of the arrangement, refer to an assessment officer of the agency any matter that the staff member would otherwise be required to report to the Secretary under that section.

(3)

If the staff member refers such a matter to an assessment officer under any such arrangement, the assessment officer is, in accordance with the assessment guidelines issued by the Secretary for the purposes of this section, to assess whether the matter should be reported to the Secretary under section 27.

(4)

If, in accordance with the assessment guidelines, the matter is assessed as a matter that should be reported to the Secretary under section 27, the assessment officer or the staff member is, as soon as practicable after the assessment, to report the matter to the Secretary under that section. Any such requirement applies in relation to the assessment officer as though the officer was a person to whom section 27 applies.

(5)

If, in accordance with the assessment guidelines, the matter is assessed as a matter that should not be reported to the Secretary under section 27, the assessment officer or the staff member may, if the officer or staff member has concerns for the well-being of the child to whom the matter relates, make such referral or take such action as the officer or staff member considers necessary or appropriate (or as is reasonably available) to safeguard or promote the safety, welfare and well-being of the child.

(6)

If a matter is referred to an assessment officer in accordance with an arrangement under this section, the staff member making the referral is taken to have satisfied his or her obligations under section 27 in relation to the matter concerned.

(7)

Sections 29 and 29AA apply in relation to a referral that is made to an assessment officer under this section in the same way as they apply to a report to which those sections apply. For that purpose, a reference in section 29 or 29AA to the making of a report includes a reference to the referral of a matter to an assessment officer in accordance with an arrangement under this section.

(8)

A certificate purporting to be signed by an assessment officer that a document relating to a child is a referral that has been made to the assessment officer under this section is admissible in any proceedings and, in the absence of evidence to the contrary, is proof that the document is such a referral.

(9)

The following provisions apply in relation to the appointment or designation of assessment officers for the purposes of this section—

  • (a)

    more than one person may be appointed or designated as an assessment officer in relation to a relevant agency,

  • (b)

    any such appointment or designation may (without limitation) be made by reference to the holder of a specified position or to a specified class of persons,

  • (c)

    a person may be appointed or designated as an assessment officer in relation to a relevant agency even though the person is employed in or engaged by another agency.

(10)

The regulations may extend the operation of this section, with such exclusions and modifications as may be prescribed by the regulations, to any person (or a class of persons) who is a person (or class of persons) to whom section 27 applies but who is or are not employed in or engaged by a relevant agency.

(11)

For avoidance of doubt, the head of the NSW Health Service or the Health Executive Service is, for the purposes of this section, the Secretary of the Ministry of Health.

(12)

A staff member of a relevant agency may, in accordance with the terms of an arrangement under this section, refer any of the following matters to an assessment officer of the agency—

  • (a)

    a matter relating to a young person that the staff member would otherwise report to the Secretary under section 24,

  • (b)

    a matter relating to an unborn child that the staff member would otherwise report to the Secretary under section 25.

s 27A: Ins 2009 No 13, Sch 1.1 [8] (am 2009 No 96, Sch 3 [1] [2]). Am 2011 No 53, Sch 2.1; 2012 No 95, Sch 1.5 [1]; 2013 No 47, Sch 2.5 [2] [3]; 2013 No 65, Sch 2 [1]; 2015 No 58, Sch 3.15 [1];; 2019 No 25, Sch 5.8[6].

28Record of reports and subsequent action

The Secretary must keep a record of—

  • (a)

    any report made to the Secretary, and

  • (b)

    any action taken as a direct consequence of the report that has a significant effect on the child or young person to whom the report relates.

s 28: Subst 2000 No 76, Sch 1 [1]; 2009 No 13, Sch 1.2 [8].

29Protection of persons who make reports or provide certain information(1)

If, in relation to a child or young person or a class of children or young persons, a person makes a report in good faith to the Secretary or to a person who has the power or responsibility to protect the child or young person or the class of children or young persons—

  • (a)

    the making of the report does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct, and

  • (b)

    no liability for defamation is incurred because of the report, and

  • (c)

    the making of the report does not constitute a ground for civil or criminal liability against the person making the report, and

  • (d)

    the report, or evidence of its contents, is not admissible in any proceedings other than the following proceedings (and appeals arising from the following proceedings)—

    • (i)

      care proceedings in the Children’s Court,

    • (ii)

      proceedings in relation to a child or young person under the Family Law Act 1975 of the Commonwealth,

    • (iii)

      proceedings in relation to a child or young person before the Supreme Court or the Civil and Administrative Tribunal,

    • (iv)

      proceedings before the Civil and Administrative Tribunal that are allocated to the Guardianship Division of the Tribunal or are commenced under the Victims Rights and Support Act 2013,

    • (v)

      proceedings under the Coroners Act 2009, and

  • (e)

    a person cannot be compelled in any proceedings to produce the report or a copy of or extract from it or to disclose or give evidence of any of its contents, and

  • (f)

    the identity of the person who made the report, or information from which the identity of that person could be deduced, must not be disclosed by any person or body, except with—

    • (i)

      the consent of the person who made the report, or

    • (ii)

      the leave of a court or other body before which proceedings relating to the report are conducted,

    and, unless that consent or leave is granted, a party or witness in any such proceedings must not be asked, and, if asked, cannot be required to answer, any question that cannot be answered without disclosing the identity or leading to the identification of that person.

(1A)

A certificate purporting to be signed by the Secretary that a document relating to a child or young person or a class of children or young persons is a report to which this section applies is admissible in any proceedings and, in the absence of evidence to the contrary, is proof that the document is such a report.

(2)

A court or other body cannot grant leave under subsection (1)(f)(ii) unless the court or other body is satisfied that the evidence is of critical importance in the proceedings and that failure to admit it would prejudice the proper administration of justice.

(3)

A court or other body that grants leave under subsection (1)(f)(ii)—

  • (a)

    must state the reasons why leave is granted, and

  • (b)

    must ensure that the holder of the report is informed that evidence as to the identity of the person who made the report, or from which the identity of that person could be deduced, has been disclosed.

(3A)

The protections given by this section to a person who makes a report apply to—

  • (a)

    any person who provided information on the basis of which the report was made, in good faith, to the person, and

  • (b)

    any person who otherwise was in good faith concerned in making such a report or causing such a report to be made,

in the same way as they apply in respect of the person who actually made the report.

(4)

Subsection (1)(f) does not prevent the disclosure of information from which the identity of a person may be deduced if the prohibition on the disclosure of that information would prevent the proper investigation of the report.

(4A)

Subsection (1)(f) also does not prevent the disclosure to a law enforcement agency of the identity of the person who made the report (the reporter), or information from which the identity of the reporter could be deduced, if—

  • (a)

    the identity of the reporter, or the information, is disclosed in connection with the investigation of a serious offence or reportable conduct alleged to have been committed or done against a child or young person, and

  • (b)

    the disclosure is necessary for the purposes of safeguarding or promoting the safety, welfare and well-being of any child or young person (whether or not the victim of the alleged offence).

(4B)

However, subsection (4A) does not apply unless—

  • (a)

    a senior officer of the law enforcement agency to which the disclosure is made has, before the disclosure is made, certified in writing that obtaining the reporter’s consent would prejudice the investigation of the serious offence or reportable conduct concerned, or

  • (b)

    the person or body that makes the disclosure has, before making the disclosure, certified in writing that it is impractical to obtain the consent of the reporter.

(4C)

The person or body that discloses to a law enforcement agency the identity of the reporter, or the information from which the identity of the reporter could be deduced, is required to notify the reporter of the disclosure unless—

  • (a)

    it is not reasonably practicable in the circumstances to do so, or

  • (b)

    the law enforcement agency to which the disclosure is made has advised the person or body that notifying the reporter would prejudice the investigation of the serious offence or reportable conduct concerned.

(5)

(Repealed)

(6)

In this section—

court includes a court exercising federal jurisdiction.

law enforcement agency means any of the following—

  • (a)

    the NSW Police Force,

  • (b)

    the Australian Federal Police,

  • (c)

    the police force of another State or Territory,

  • (d)

    a person or body prescribed by the regulations for the purposes of this definition.

report includes a report under sections 24, 25, 27, 120, 121 and 122.

reportable conduct means—

  • (a)

    reportable conduct within the meaning of Part 4 of the Children’s Guardian Act 2019 or conduct referred to in clause 2 of Schedule 1 to the Child Protection (Working with Children) Act 2012, or

  • (b)

    conduct occurring elsewhere than in New South Wales that, if occurring in New South Wales, would be reportable conduct under paragraph (a).

senior officer means—

  • (a)

    in relation to the NSW Police Force—a commissioned police officer within the meaning of the Police Act 1990, or

  • (b)

    in relation to any other law enforcement agency—a person (or class of persons) prescribed by the regulations as a senior officer of the agency.

serious offence means—

  • (a)

    a serious indictable offence within the meaning of the Crimes Act 1900, or

  • (b)

    an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence under paragraph (a).

Note.

It is an offence under section 254 for a person to disclose any information obtained in connection with the administration or execution of this Act, except in certain circumstances. The maximum penalty is 10 penalty units (currently $1,100) or imprisonment for up to 12 months, or both.

s 29: Am 2000 No 76, Sch 1 [2] [3]; 2002 No 112, Sch 1.3 [2]–[4]; 2006 No 60, Sch 1 [2]–[4]; 2009 No 13, Sch 1.2 [9] [10]; 2009 No 54, Sch 2.8 [2]; 2010 No 105, Sch 1 [1]–[4]; 2011 No 27, Sch 1.3 [1]; 2012 No 51, Sch 4.1 [1]; 2012 No 95, Sch 1.5 [2]; 2013 No 95, Sch 2.27 [1], Sch 10.1; 2015 No 2, Sch 1.1; 2019 No 25, Sch 5.8[7] [8].

29AAAProtection of persons who make reports or provide information to particular institutions(1)

If, in relation to a child or young person or a class of children or young persons, a person makes a report in good faith to an institution engaging in child-related work about a child or young person that the person making the report reasonably suspects is at risk of significant harm in the institution—

  • (a)

    the making of the report does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct, and

  • (b)

    no liability for defamation is incurred because of the report, and

  • (c)

    the making of the report does not constitute a ground for civil or criminal liability against the person making the report.

(2)

The protections given by this section to a person who makes a report apply to—

  • (a)

    a person who provided information on the basis of which the report was made in good faith to the institution, and

  • (b)

    a person who otherwise was in good faith concerned in making such a report or causing such a report to be made,

in the same way as they apply in respect of the person who actually made the report.

Note.

It is an offence under section 254 for a person to disclose any information obtained in connection with the administration or execution of this Act, except in certain circumstances. The maximum penalty is 10 penalty units (currently $1,100) or imprisonment for up to 12 months, or both.

s 29AAA: Ins 2019 No 25, Sch 5.8[9].

29AASpecial provision relating to Royal Commissions
(1)

Despite section 17 of the Royal Commissions Act 1923, that section does not authorise or compel the disclosure to a Royal Commission of the identity of a person who made a report to which section 29 applies, or information from which the identity of that person could be deduced, except with—

  • (a)

    the consent of the person who made the report, or

  • (b)

    the leave of a person who is a commissioner within the meaning of Division 2 of Part 2 of the Royal Commissions Act 1923.

(2)

A commissioner cannot grant leave under this section unless the commissioner is satisfied that the report or information concerned is of significant importance to the inquiry.

(3)

The protection given by this section to a person who made a report (a reporter) applies to—

  • (a)

    any person who provided information to the reporter on the basis of which the report was made, and

  • (b)

    any person who otherwise was concerned in making such a report or causing such a report to be made,

in the same way as it applies in respect of the reporter.

s 29AA: Ins 2013 No 65, Sch 2 [2].

29ABProtection against retribution(1)

A person must not take, or threaten to take, detrimental action in respect of a person acting in good faith, who makes, or proposes to make, a report under this Part.

Maximum penalty—50 penalty units or imprisonment for 12 months, or both.

(2)

For subsection (1), a report is not made in good faith if—

  • (a)

    the report was made or proposed in bad faith, or

  • (b)

    a material allegation was known by the person giving the report to be false.

(3)

In this section—

detrimental action means action causing, comprising or involving any of the following—

  • (a)

    injury, damage or loss,

  • (b)

    intimidation or harassment,

  • (c)

    discrimination, disadvantage or adverse treatment in relation to employment,

  • (d)

    dismissal from, or prejudice in, employment,

  • (e)

    prejudice in the provision of a service,

  • (f)

    disciplinary proceedings.

s 29AB: Ins 2019 No 25, Sch 5.8[10].

29APerson who makes report is not prevented from helping child or young person

For avoidance of doubt, it is declared that a person who is permitted or required by this Part to make a report is not prevented, by reason only of having made that report, from responding to the needs of, or discharging any other obligations in respect of, the child or young person the subject of the report in the course of that person’s employment or otherwise.

s 29A: Ins 2006 No 95, Sch 3 [2].

Part 3Investigations and assessment30Secretary’s investigations and assessment

On receipt of a report that a child or young person is suspected of being at risk of significant harm—

  • (a)

    the Secretary is to make such investigations and assessment as the Secretary considers necessary to determine whether the child or young person is at risk of significant harm, or

  • (b)

    the Secretary may decide to take no further action if, on the basis of the information provided, the Secretary considers that there is insufficient reason to believe that the child or young person is at risk of significant harm.

Note.

Under section 248, the Secretary may direct certain bodies, including the NSW Police Force, a government department or agency, a public authority, a school, a local health district and a hospital to furnish the Secretary with information concerning the safety, welfare and well-being of a child or young person.

Under section 17(2), the Secretary may request government departments or agencies, or non-government agencies in receipt of government funding, to provide prioritised access to services to children or young persons who are at risk of significant harm and to their families.

s 30: Am 2009 No 13, Sch 1.1 [5]; 2010 No 97, Sch 2.5; 2011 No 4, Sch 2.5; 2011 No 62, Sch 3.4; 2018 No 81, Sch 1 [9].

31Matters for consideration

In determining how to make investigations and assessment in accordance with section 30 in the case of a young person, the Secretary must have regard to any known wish expressed by the young person that he or she did not want a report to be made, taking into account the age of the young person and the extent to which the young person, and other children and young persons, appear to be at risk of significant harm.

s 31: Am 2009 No 13, Sch 1.1 [5].

32Initial identification—Aboriginals and Torres Strait Islanders

If the Secretary has reason to believe that a child or young person who is the subject of a report may be an Aboriginal or Torres Strait Islander, the Secretary is to make such inquiries as are reasonable in the circumstances to determine whether the child or young person is in fact an Aboriginal or Torres Strait Islander.

33Investigation if allegation made against staff of Department(1)

If a report alleges abuse of a child or young person by a person employed in that part of the Department comprising those members of staff who are principally involved in the administration of this Act, the Secretary must arrange for the report to be investigated in accordance with arrangements made between the Secretary and the Ombudsman.

(2)

A person appointed in accordance with those arrangements may exercise the functions of the Secretary under this Chapter.

Note.

Sections 25C and 25D of the Ombudsman Act 1974 make provision with respect to the notification of the Ombudsman by the Secretary of child abuse by employees of the Department.

s 33: Am 2009 No 96, Sch 2 [1].

Chapter 4Children and young persons in need of care and protectionPart 1Action taken by Secretary

ch 4, pt 1, hdg: Ins 2006 No 67, Sch 1 [2].

34Taking of action by Secretary(1)

If the Secretary forms the opinion, on reasonable grounds, that a child or young person is in need of care and protection, the Secretary is to take whatever action is necessary to safeguard or promote the safety, welfare and well-being of the child or young person.

(2)

Without limiting subsection (1), the action that the Secretary might take in response to a report includes the following—

  • (a)

    providing, or arranging for the provision of, support services for the child or young person and his or her family,

  • (a1)

    offering alternative dispute resolution processes to the family of the child or young person as referred to in section 37,

    Note.

    Section 37(1A) requires the Secretary, on determining that a child or young person is at risk of significant harm, to offer these processes to the family of the child or young person (subject to certain exceptions) before seeking care orders.

  • (b)

    development, in consultation with the parents (jointly or separately), of a care plan to meet the needs of the child or young person and his or her family that—

    • (i)

      does not involve taking the matter before the Children’s Court, or

    • (ii)

      may be registered with the Children’s Court, or

    • (iii)

      is the basis for consent orders made by the Children’s Court,

  • (b1)

    development, in consultation with one or more primary care-givers for a child or young person, of a parent responsibility contract instead of taking a matter concerning the child’s or young person’s need for care and protection before the Children’s Court (except in the event of a breach of the contract),

  • (c)

    ensuring the protection of the child or young person by exercising the Secretary’s emergency protection powers as referred to in Part 1 of Chapter 5,

  • (d)

    seeking appropriate orders from the Children’s Court.

Note.

In considering what action to take under this section, the Secretary is to have regard to the grounds under section 71 on which the Children’s Court may make a care order.

s 34: Am 2006 No 67, Sch 1 [3]; 2018 No 81, Sch 1 [10].

35Decision against taking action(1)

The Secretary may decide to take no action if the Secretary considers that proper arrangements exist for the care and protection of the child or young person and the circumstances that led to the report have been or are being adequately dealt with.

(2)

If the Secretary decides to take no action, the Secretary must make a record of the reasons for the decision.

36Principles of intervention(1)

In deciding the appropriate response to a report concerning a child or young person, the Secretary must have regard to the following principles—

  • (a)

    The immediate safety, welfare and well-being of the child or young person, and of other children or young persons in the usual residential setting of the child or young person, must be given paramount consideration.

  • (b)

    Subject to paragraph (a), any action must be appropriate to the age of the child or young person, any disability the child, young person or his or her family members have, and the circumstances, language, religion and cultural background of the family.

  • (c)

    Removal of the child or young person from his or her usual caregiver may occur only where it is necessary to protect the child or young person from the risk of serious harm.

(2)

The principles in this section are to be applied in priority to the principles in section 9 in deciding the appropriate response to a report concerning a child or young person.

Part 2Use of alternative dispute resolution

ch 4, pt 2, hdg: Ins 2006 No 67, Sch 1 [4].

37Alternative dispute resolution by Secretary(1)

In responding to a report, the Secretary must consider the appropriateness of using alternative dispute resolution processes that are designed—

  • (a)

    to ensure intervention so as to resolve problems at an early stage, and

  • (b)

    to reduce the likelihood that a care application will need to be made under Chapter 5, and

  • (c)

    to reduce the incidence of breakdown in adolescent-parent relationships, and

  • (d)

    if an application for a care order under Chapter 5 is made, to work towards the making of consent orders that are in the best interests of the child or young person concerned.

(1A)

If the Secretary determines that a child or young person is at risk of significant harm, the Secretary must offer alternative dispute resolution processes to the family of the child or young person before seeking care orders from the Children’s Court.

(1B)

Subsection (1A) does not apply in relation to the family of a child or young person if the Secretary forms the opinion on reasonable grounds that their participation in alternative dispute resolution processes would not be appropriate due to exceptional circumstances.

(1C)

If the Secretary becomes aware of criminal proceedings or a police investigation that may be compromised if alternative dispute resolution processes are offered under subsection (1A), the Secretary—

  • (a)

    must seek the advice of the Commissioner of Police as to the likely effect of the processes, and

  • (b)

    is not required to offer the processes if the Secretary determines that it is not appropriate to do so after taking the advice into account.

(1D)

Subsection (1A) does not affect the Secretary’s obligation under section 34(1) and is subject to sections 35(1) and 36.

(2)

Participation in any such alternative dispute resolution is voluntary.

(3)

(Repealed)

Note.

Within this provision, models for conferencing may be developed to accommodate the unique requirements of a community (whether cultural, geographic or language), the complexities of the case, or the nature and severity of the abuse suffered by the child or young person.

s 37: Am 2011 No 27, Sch 1.3 [2]; 2014 No 8, Sch 1 [10]–[12]; 2018 No 81, Sch 1 [11] [12].

Part 3Care plans and parent responsibility contracts

ch 4, pt 3, hdg: Ins 2006 No 67, Sch 1 [5].

Division 1Care plans

ch 4, pt 3, div 1, hdg: Ins 2006 No 67, Sch 1 [5].

38Development and enforcement of care plans(1)

A care plan, developed by agreement in the course of alternative dispute resolution, may be registered with the Children’s Court and may be used as evidence of an attempt to resolve the matter without bringing a care application in accordance with Part 2 of Chapter 5.

Note.

Section 38F provides that a care plan or parent responsibility contract is taken to be registered with the Children’s Court when it is filed with the registry of the Court without the need for any order or other further action by the Court.

(2)

A care plan that allocates parental responsibility, or aspects of parental responsibility, to any person other than the parents of the child or young person, takes effect only if the Children’s Court makes an order by consent to give effect to the proposed changes in parental responsibility.

(2A)

If the Children’s Court is satisfied of the matters set out in subsection (2B), the Court may make an order referred to in subsection (2)—

  • (a)

    without the need for a care application under Part 2 of Chapter 5, and

  • (b)

    without the need to be satisfied of the existence of any of the grounds under section 71, and

  • (c)

    in the case of a proposed guardianship order, without the need to be satisfied of the existence of the ground under section 79A(3)(a).

(2B)

The matters of which the Children’s Court must be satisfied for the purposes of subsection (2A) are as follows—

  • (a)

    the proposed order will not contravene the principles of this Act,

  • (b)

    the parties to the care plan understand its provisions and have freely entered into it,

  • (c)

    in the case of a party other than the Secretary, the party has received independent legal advice concerning the provisions to which the proposed order will give effect and the nature and effect of the proposed order.

Note.

Section 98 provides that in proceedings with respect to a child or young person, the child or young person (among others) may appear in person or be legally represented.

(3)

The Children’s Court may make such other orders by consent for the purpose of giving effect to a care plan (being orders of the same kind as it could make in a care application that is duly made under Part 2 of Chapter 5) without the need for a care application under that Part and without the need to be satisfied of the existence of any of the grounds under section 71 if the Court is satisfied that—

  • (a)

    the proposed order will not contravene the principles of this Act, and

  • (b)

    the parties to the care plan understand its provisions and have freely entered into it, and

  • (c)

    in the case of a party other than the Secretary, the party has received independent advice concerning the provisions to which the proposed order will give effect.

(4)

Section 79B(1A) and (8)(b) and (c) apply to the Secretary in seeking a guardianship order to give effect to a care plan pursuant to this section in the same way as they apply to the Secretary in making an application, and to an applicant, for a guardianship order.

(5)

Section 79B(9) and (10) apply to a care plan referred to in subsection (4).

s 38: Am 2000 No 76, Sch 2 [7]; 2006 No 67, Sch 1 [6]–[8]; 2010 No 105, Sch 1 [5]; 2018 No 81, Sch 1 [13] [14].

Division 2Parent responsibility contracts

ch 4, pt 3, div 2: Ins 2006 No 67, Sch 1 [9].

38AParent responsibility contracts(1)

A parent responsibility contract is either or both of the following—

  • (a)

    an agreement between the Secretary and one or more primary care-givers for a child or young person that contains provisions aimed at improving the parenting skills of the primary care-givers and encouraging them to accept greater responsibility for the child or young person,

  • (b)

    an agreement between the Secretary and either or both expectant parents whose unborn child is the subject of a pre-natal report under section 25 that contains provisions aimed at improving the parenting skills of the prospective parent and reducing the likelihood that the child will be at risk of significant harm after birth.

(2)

A parent responsibility contract must—

  • (a)

    be in writing, and

  • (b)

    be signed by the Secretary and each primary care-giver or each expectant parent who is to be a party to the contract, and

  • (c)

    be in the form (if any) prescribed by the regulations, and

  • (d)

    be registered with the Children’s Court, and

  • (e)

    specify the period (not exceeding 12 months) during which the contract will (unless varied under section 38B) be in force, commencing on the date on which the agreement is registered with the Children’s Court, and

  • (f)

    specify the circumstances in which a breach of a term of the contract by a party to the contract will authorise the Secretary to file a contract breach notice with the Children’s Court.

(3)

No more than one parent responsibility contract may be entered into within any period of 18 months between the Secretary and any of the same primary care-givers for a child or young person.

(4)

Before entering into a parent responsibility contract, the Secretary must give the other proposed parties to the contract a reasonable opportunity to obtain independent advice concerning the provisions of the contract.

(5)

Without limiting subsection (1), a parent responsibility contract may make provision for or with respect to any or all of the following—

  • (a)

    attendance of a party to the contract for treatment for alcohol, drug or other substance abuse during the term of the contract,

  • (b)

    attendance of a party to the contract for counselling,

  • (c)

    requirements relating to alcohol or drug testing that a party to the contract must undergo during the term of the contract,

  • (d)

    permitting information about the contract (including compliance with the contract) to be shared between persons and agencies involved in the implementation of the provisions of the contract,

  • (e)

    participation in courses aimed at improving the parenting skills of any party to the contract (including, for example, courses relating to behavioural management and financial management),

  • (f)

    monitoring of compliance with the terms of the contract.

(6)

However, a parent responsibility contract may not make provision for or with respect to any of the following—

  • (a)

    the allocation of parental responsibility for a child or young person,

  • (b)

    the placement of a child or young person in out-of-home care.

Note.

Care plans may make provision for the allocation of parental responsibility.

(7)

Any term of a parent responsibility contract that makes provision for or with respect to a matter referred to in subsection (6) has no effect.

(8)

A parent responsibility contract takes effect only if (and when) it is registered with the Children’s Court.

Note.

Section 38F provides that a care plan or parent responsibility contract is taken to be registered with the Children’s Court when it is filed with the registry of the Court without the need for any order or other further action by the Court.

(9)

The Secretary is to cause a copy of the parent responsibility contract to be given to each other party to the contract as soon as is reasonably practicable after it is registered with the Children’s Court.

(10)

A parent responsibility contract remains in force for the period specified in the contract, unless sooner terminated.

(11)

The period for which the parent responsibility contract has effect may be specified by reference to a fixed or ascertainable period or by reference to the occurrence of a specified future event.

s 38A: Ins 2006 No 67, Sch 1 [9]. Am 2014 No 8, Sch 1 [13]–[20].

38BAmendment of parent responsibility contracts(1)

The Secretary may, with the agreement of the other parties to a parent responsibility contract, vary any of the terms of the contract (but not so as to increase the period during which the contract is to be in force beyond 12 months).

(2)

A varied parent responsibility contract has effect only if (and when) a copy of the contract that includes the variations made to it is registered with the Children’s Court.

(3)

A registered varied parent responsibility contract has effect as such only from the date it is registered until the end of the period originally specified in the contract for its duration or for the period as varied by agreement under this section.

s 38B: Ins 2006 No 67, Sch 1 [9]. Am 2014 No 8, Sch 1 [21] [22].

38CTermination of parent responsibility contracts(1)

The Secretary may terminate a parent responsibility contract before the expiry of the period specified in the contract for its duration (the contract period) by—

  • (a)

    filing a contract breach notice with the Children’s Court, or

  • (b)

    causing a notice terminating the contract (a termination notice) to be served on each other party to the contract.

(2)

The Secretary may cause a termination notice to be served on each other party to the contract for any reason and at any time during the contract period.

(3)

If a parent responsibility contract is terminated by service of a termination notice, the Secretary is to cause the registry of the Children’s Court to be notified of the termination of the contract as soon as is reasonably practicable after its termination.

Date of commencement, assent, sec 2.

2017

No 22

Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017.

Date of commencement of Sch 3, 7.7.2017, sec 2 (3).

No 63

Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017.

Date of commencement of Sch 1.3, 14 days after assent, sec 2 (1).

2018

No 28

Miscellaneous Acts Amendment (Marriages) Act 2018. Assented to 15.6.2018.

Date of commencement, assent, sec 2.

No 68

Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018.

Date of commencement of Sch 1.3, 8.1.2019, sec 2 (1).

No 70

Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018.

Sch 4.16 was not commenced and was substituted by the Children’s Guardian Act 2019 No 25.

No 81

Children and Young Persons (Care and Protection) Amendment Act 2018. Assented to 28.11.2018.

Date of commencement, 4.2.2019, sec 2 and 2019 (3) LW 18.1.2019.

2019

No 1

Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019.

Date of commencement of Sch 1.1, 14 days after assent, sec 2 (1).

No 14

Statute Law (Miscellaneous Provisions) Act (No 2) 2019. Assented to 21.11.2019.

Date of commencement of Sch 1.4, assent, Sch 1.4.

No 25

Children’s Guardian Act 2019. Assented to 4.12.2019.

Date of commencement of Sch 5.8, 1.3.2020, sec 2(1).

2020

No 31

Stronger Communities Legislation Amendment (Miscellaneous) Act 2020. Assented to 27.10.2020.

Date of commencement of Sch 2.1, assent, sec 2(1).

2021

No 16

Families, Communities and Disability Services Miscellaneous Amendment Act 2021. Assented to 23.6.2021.

Date of commencement, assent, sec 2.

No 45

Stronger Communities Legislation Amendment (Children) Act 2021. Assented to 8.12.2021.

Date of commencement of Sch 3[1] [3] [4] [10] and [11], assent, sec 2(1); date of commencement of Sch 3[2] and [5]–[9], 18.7.2022, sec 2(2) and 2022 (376) LW 15.7.2022.

2022

No 33

Children’s Guardian Amendment Act 2022. Assented to 1.7.2022.

Date of commencement of Sch 2, 1.9.2022, sec 2(b).

No 67

Children and Young Persons (Care and Protection) Amendment (Family is Culture) Act 2022. Assented to 25.11.2022.

Date of commencement of Sch 1[1], to the extent it inserts the definitions of Aboriginal and Torres Strait Islander Children and Young Persons Principle and entity, [3]–[7] [17]–[21] and [23], assent, sec 2(b); date of commencement of Sch 1[1], to the extent it inserts the definitions of exercise, function and principle of active efforts, [2] [8]–[16] [22] [24] [25] and [26], 15.11.2023, sec 2(a) and 2023 (599) LW 10.11.2023.

2023

No 7

Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023.

Date of commencement, 14.7.2023, sec 2.

2024

No 15

Children and Young Persons (Care and Protection) Amendment Act 2024. Assented to 3.4.2024.

Date of commencement, assent, sec 2.

No 71

Equality Legislation Amendment (LGBTIQA+) Act 2024. Assented to 23.10.2024.

Date of commencement of Sch 2, 1.7.2025, sec 2(b).

2025

No 61

Local Court and Bail Legislation Amendment Act 2025. Assented to 28.10.2025.

Date of commencement of Sch 3, assent, sec 2(a).

Table of amendments

Sec 3

Am 2000 No 76, Sch 2 [1] [2]; 2001 No 91, Sch 1 [1] [2]; 2002 No 103, Sch 4.6 [1]; 2003 No 26, Sch 2.1 [1]; 2003 No 40, Sch 1.6 [1]; 2005 No 93, Sch 1 [1]; 2006 No 60, Sch 1 [1]; 2006 No 67, Sch 1 [1]; 2006 No 95, Sch 3 [1]; 2009 No 13, Schs 1.2 [1], 1.6 [1]; 2010 No 63, Sch 1.2 [1]; 2010 No 67, Sch 1 [1]; 2011 No 70, Sch 2.2 [1]; 2013 No 31, Sch 2 [1]; 2013 No 47, Sch 2.5 [1]; 2014 No 5, Sch 2.2 [1]; 2014 No 8, Sch 1 [1]–[4]; 2015 No 29, Sch 3 [2]; 2018 No 28, Sch 1.6; 2018 No 68, 1.3 [1]; 2018 No 81, Sch 1 [1]; 2019 No 25, Sch 5.8[1]; 2021 No 45, Sch 3[1]; 2022 No 33, Sch 2.2[1]; 2022 No 67, Sch 1[1].

Sec 4

Am 2024 No 15, Sch 1[1] [2].

Sec 5

Subst 2000 No 76, Sch 2 [3]. Am 2001 No 118, Sch 2.2 [1] [2].

Sec 5A

Ins 2015 No 29, Sch 3 [3]. Am 2019 No 25, Sch 5.8[2].

Sec 8

Am 2009 No 13, Sch 1.2 [2]; 2014 No 8, Sch 1 [5].

Sec 9

Am 2001 No 91, Sch 1 [3] [4]; 2002 No 53, Sch 1.1 [1] [2]. Subst 2009 No 13, Sch 1.2 [3]. Am 2014 No 8, Sch 1 [6]; 2024 No 71, Sch 2[1].

Sec 9A

Ins 2022 No 67, Sch 1[2].

Sec 10A

Ins 2014 No 8, Sch 1 [7]. Am 2022 No 67, Sch 1[3]–[6].

Sec 12A

Ins 2022 No 67, Sch 1[7].

Sec 13

Am 2000 No 76, Sch 2 [4]; 2003 No 40, Sch 1.6 [2]; 2009 No 13, Sch 1.3 [1]; 2014 No 8, Sch 1 [8].

Sec 14

Am 2000 No 76, Sch 2 [5] [6]; 2002 No 53, Sch 1.1 [2]; 2002 No 112, Sch 1.3 [1]; 2009 No 13, Sch 1.3 [2]; 2009 No 54, Sch 2.8 [1]; 2012 No 42, Sch 2.6.

Sec 16

Am 2009 No 13, Sch 1.3 [1]; 2018 No 81, Sch 1 [2] [3].

Sec 17

Am 2018 No 81, Sch 1 [4].

Sec 18

Am 2009 No 13, Sch 1.2 [4] [5]; 2018 No 81, Sch 1 [5].

Sec 19

Subst 2009 No 13, Sch 1.6 [2].

Chapter 3, diagrams

Rep 2009 No 13, Sch 1.6 [3].

Sec 21

Am 2009 No 13, Sch 1.2 [6].

Sec 22

Subst 2009 No 13, Sch 1.2 [7]. Am 2018 No 81, Sch 1 [6] [7].

Sec 23

Am 2006 No 95, Sch 1 [1]; 2009 No 13, Sch 1.1 [1]–[4]; 2019 No 25, Sch 5.8[3].

Sec 24

Am 2009 No 13, Sch 1.1 [5].

Sec 25

Am 2006 No 95, Sch 1 [2]; 2009 No 13, Sch 1.1 [5]; 2014 No 8, Sch 1 [9].

Sec 27

Am 2003 No 82, Sch 1.6 [1]; 2009 No 13, Sch 1.1 [5]–[7]; 2018 No 81, Sch 1 [8]; 2019 No 25, Sch 5.8[4] [5].

Sec 27A

Ins 2009 No 13, Sch 1.1 [8] (am 2009 No 96, Sch 3 [1] [2]). Am 2011 No 53, Sch 2.1; 2012 No 95, Sch 1.5 [1]; 2013 No 47, Sch 2.5 [2] [3]; 2013 No 65, Sch 2 [1]; 2015 No 58, Sch 3.15 [1];; 2019 No 25, Sch 5.8[6].

Sec 28

Subst 2000 No 76, Sch 1 [1]; 2009 No 13, Sch 1.2 [8].

Sec 29

Am 2000 No 76, Sch 1 [2] [3]; 2002 No 112, Sch 1.3 [2]–[4]; 2006 No 60, Sch 1 [2]–[4]; 2009 No 13, Sch 1.2 [9] [10]; 2009 No 54, Sch 2.8 [2]; 2010 No 105, Sch 1 [1]–[4]; 2011 No 27, Sch 1.3 [1]; 2012 No 51, Sch 4.1 [1]; 2012 No 95, Sch 1.5 [2]; 2013 No 95, Sch 2.27 [1], Sch 10.1; 2015 No 2, Sch 1.1; 2019 No 25, Sch 5.8[7] [8].

Sec 29AAA

Ins 2019 No 25, Sch 5.8[9].

Sec 29AA

Ins 2013 No 65, Sch 2 [2].

Sec 29AB

Ins 2019 No 25, Sch 5.8[10].

Sec 29A

Ins 2006 No 95, Sch 3 [2].

Sec 30

Am 2009 No 13, Sch 1.1 [5]; 2010 No 97, Sch 2.5; 2011 No 4, Sch 2.5; 2011 No 62, Sch 3.4; 2018 No 81, Sch 1 [9].

Sec 31

Am 2009 No 13, Sch 1.1 [5].

Sec 33

Am 2009 No 96, Sch 2 [1].

Chapter 4, Part 1, heading

Ins 2006 No 67, Sch 1 [2].

Sec 34

Am 2006 No 67, Sch 1 [3]; 2018 No 81, Sch 1 [10].

Chapter 4, Part 2, heading

Ins 2006 No 67, Sch 1 [4].

Sec 37

Am 2011 No 27, Sch 1.3 [2]; 2014 No 8, Sch 1 [10]–[12]; 2018 No 81, Sch 1 [11] [12].

Chapter 4, Part 3, heading

Ins 2006 No 67, Sch 1 [5].

Chapter 4, Part 3, Div 1, heading

Ins 2006 No 67, Sch 1 [5].

Sec 38

Am 2000 No 76, Sch 2 [7]; 2006 No 67, Sch 1 [6]–[8]; 2010 No 105, Sch 1 [5]; 2018 No 81, Sch 1 [13] [14].

Chapter 4, Part 3, Div 2

Ins 2006 No 67, Sch 1 [9].

Sec 38A

Ins 2006 No 67, Sch 1 [9]. Am 2014 No 8, Sch 1 [13]–[20].

Sec 38B

Ins 2006 No 67, Sch 1 [9]. Am 2014 No 8, Sch 1 [21] [22].

Secs 38C, 38D

Ins 2006 No 67, Sch 1 [9].

Sec 38E

Ins 2006 No 67, Sch 1 [9]. Am 2014 No 8, Sch 1 [23]–[28].

Chapter 4, Part 3, Div 3 (secs 38F, 38G)

Ins 2006 No 67, Sch 1 [9].

Chapter 4, Part 4, heading

Ins 2006 No 67, Sch 1 [10].

Sec 39A

Ins 2018 No 81, Sch 1 [15].

Sec 39

Rep 2009 No 13, Sch 1.6 [4].

Sec 40

Am 2007 No 80, Sch 2.3. Rep 2009 No 13, Sch 1.6 [4].

Sec 41

Rep 2009 No 13, Sch 1.6 [4].

Sec 43

Am 2006 No 60, Sch 1 [5]; 2006 No 95, Sch 3 [3]; 2010 No 9, Sch 3.1 [1] [2].

Sec 44, heading

Am 2002 No 53, Sch 1.1 [3].

Sec 45

Am 2000 No 53, Sch 1.2 [1]; 2001 No 112, Sch 1.4 [1]; 2006 No 58, Sch 2.2 [1]; 2006 No 60, Sch 1 [6]–[8]; 2009 No 13, Sch 2.1 [1]; 2010 No 105, Sch 1 [6] [7].

Sec 46

Am 2002 No 53, Sch 1.1 [3]; 2006 No 60, Sch 1 [9].

Sec 47

Rep 2006 No 60, Sch 1 [10].

Sec 48

Am 2005 No 93, Sch 1 [2] [3].

Sec 50

Am 2002 No 53, Sch 1.1 [4].

Chapter 5, Part 1, Div 5, note

Am 2006 No 60, Sch 1 [11].

Sec 51

Am 2002 No 53, Sch 1.1 [5]; 2006 No 60, Sch 1 [12]–[16].

Sec 53, heading

Am 2000 No 76, Sch 2 [8].

Sec 58

Am 2009 No 13, Sch 1.2 [11] [12].

Sec 60

Am 2000 No 76, Sch 1 [4]; 2014 No 8, Sch 1 [29].

Sec 61

Am 2006 No 60, Sch 1 [17]; 2009 No 13, Sch 2.1 [2]; 2012 No 95, Sch 1.5 [3]; 2018 No 81, Sch 1 [16] [17].

Sec 61A

Ins 2006 No 67, Sch 1 [11].

Sec 63

Am 2006 No 60, Sch 1 [18]. Subst 2022 No 67, Sch 1[8].

Sec 64

Am 2000 No 76, Sch 1 [5]; 2006 No 60, Sch 1 [19]; 2008 No 114, Sch 1.4 [1]; 2010 No 59, Sch 1.8 [1].

Sec 64A

Ins 2000 No 76, Sch 1 [6].

Sec 65

Am 2000 No 76, Sch 1 [7]–[9]; 2010 No 63, Sch 1.2 [2] [3]; 2014 No 8, Sch 1 [30]–[35].

Sec 65A

Ins 2009 No 13, Sch 1.2 [13]. Am 2014 No 8, Sch 1 [36].

Sec 67A

Ins 2014 No 8, Sch 1 [37].

Sec 68

Subst 2006 No 60, Sch 1 [20].

Sec 69

Am 2006 No 95, Sch 3 [4].

Sec 70A

Ins 2001 No 91, Sch 1 [5].

Sec 71

Am 2002 No 53, Sch 1.1 [6]; 2006 No 60, Sch 1 [21]–[23]; 2006 No 67, Sch 1 [12] [13]; 2009 No 13, Sch 1.2 [14] [15]; 2014 No 8, Sch 1 [38] [39].

Sec 71A

Ins 2006 No 95, Sch 3 [5]. Am 2009 No 13, Sch 1.2 [16].

Sec 72

Am 2000 No 76, Sch 1 [10]; 2006 No 60, Sch 1 [24]; 2018 No 81, Sch 1 [18].

Sec 73

Am 2002 No 53, Sch 1.1 [7]; 2006 No 67, Sch 1 [14] [15]; 2014 No 8, Sch 1 [40]; 2017 No 63, Sch 1.3 [1].

Sec 74

Am 2014 No 8, Sch 1 [41]; 2018 No 81, Sch 1 [19].

Sec 75

Am 2006 No 60, Sch 1 [25] [26]; 2006 No 67, Sch 1 [16]–[18]; 2014 No 8, Sch 1 [42]; 2018 No 81, Sch 1 [19].

Sec 76

Am 2014 No 8, Sch 1 [43]–[46]; 2021 No 16, Sch 3[1]–[4].

Sec 78

Am 2000 No 76, Sch 2 [9]; 2001 No 91, Sch 1 [6]; 2009 No 13, Sch 1.2 [17]; 2021 No 16, Sch 3[5]; 2022 No 67, Sch 1[9].

Sec 78A

Ins 2001 No 91, Sch 1 [7]. Am 2009 No 13, Sch 1.2 [18] [19]; 2013 No 47, Sch 2.5 [4]; 2014 No 8, Sch 1 [47] [48]; 2019 No 25, Sch 5.8[11]; 2022 No 67, Sch 1[10].

Sec 79

Am 2001 No 112, Sch 1.4 [2]; 2006 No 60, Sch 1 [27]; 2009 No 13, Sch 1.2 [20] [21]. Subst 2014 No 8, Sch 1 [49]. Am 2015 No 29, Sch 3 [4]; 2018 No 81, Sch 1 [20].

Sec 79AA

Ins 2022 No 67, Sch 1[11].

Sec 79A

Ins 2014 No 8, Sch 1 [49]. Am 2015 No 29, Sch 3 [5].

Sec 79B

Ins 2014 No 8, Sch 1 [49]. Am 2015 No 29, Sch 3 [6]–[8]; 2015 No 58, Sch 2.5; 2021 No 45, Sch 3[2].

Sec 79C

Ins 2014 No 8, Sch 1 [49]. Am 2021 No 16, Sch 3[6].

Sec 79D

Ins 2015 No 29, Sch 3 [9].

Sec 79E

Ins 2020 No 31, Sch 2.1[1].

Sec 80

Am 2000 No 76, Sch 2 [10] [11]; 2002 No 53, Sch 1.1 [8]; 2014 No 8, Sch 1 [50].

Sec 81

Am 2001 No 91, Sch 1 [8]. Rep 2014 No 8, Sch 1 [51].

Sec 82

Am 2000 No 76, Sch 2 [12]; 2001 No 91, Sch 1 [9]. Subst 2009 No 13, Sch 1.2 [22]. Am 2014 No 8, Sch 1 [52]; 2018 No 81, Sch 1 [21] [22]; 2021 No 16, Sch 3[7] [8].

Sec 83

Subst 2001 No 91, Sch 1 [10]. Am 2002 No 53, Sch 1.1 [9]; 2009 No 13, Sch 1.2 [23]; 2014 No 8, Sch 1 [53]–[56]; 2018 No 81, Sch 1 [23]–[27]; 2022 No 67, Sch 1[12]–[15].

Sec 83A

Ins 2022 No 67, Sch 1[16].

Sec 84

Am 2001 No 91, Sch 1 [11]; 2002 No 53, Sch 1.1 [10].

Sec 85A

Ins 2001 No 91, Sch 1 [12].

Sec 86

Am 2000 No 76, Sch 1 [11]; 2009 No 96, Sch 2 [1]; 2014 No 8, Sch 1 [57]–[60]; 2018 No 81, Sch 1 [28].

Sec 86A

Ins 2014 No 8, Sch 1 [61].

Sec 87

Am 2022 No 67, Sch 1[17].

Sec 90

Am 2000 No 76, Sch 2 [13]; 2001 No 91, Sch 1 [13] [14]; 2006 No 60, Sch 1 [28]–[30]; 2009 No 13, Schs 1.2 [26] [27], 1.4 [1] [2]; 2014 No 8, Sch 1 [62]; 2018 No 81, Sch 1 [29]–[33].

Sec 90AA

Ins 2018 No 81, Sch 1 [34].

Sec 90A

Ins 2006 No 60, Sch 1 [31]. Am 2014 No 8, Sch 1 [63] [64].

Chapter 5, Part 3 (secs 91A–91I)

Ins 2014 No 8, Sch 1 [65].

Chapter 6, Part 1, heading

Ins 2005 No 93, Sch 1 [4].

Sec 93

Am 2006 No 60, Sch 1 [32]; 2022 No 67, Sch 1[18] [19]; 2023 No 7, Sch 2.4[1].

Sec 93A

Ins 2014 No 8, Sch 1 [66].

Sec 94

Am 2001 No 91, Sch 1 [15] [16].

Sec 96

Am 2002 No 53, Sch 1.1 [7]; 2005 No 93, Sch 1 [5]–[7]; 2006 No 60, Sch 1 [33] (am 2006 No 95, Sch 4.3 [1]); 2006 No 95, Sch 3 [6].

Sec 98

Am 2006 No 60, Sch 1 [34]; 2021 No 16, Sch 3[9].

Sec 99

Subst 2006 No 95, Sch 3 [7].

Secs 99A–99D

Ins 2006 No 95, Sch 3 [7].

Sec 100

Am 2006 No 60, Sch 1 [39].

Sec 101AA

Ins 2021 No 45, Sch 3[3].

Sec 101A

Ins 2010 No 135, Sch 3. Am 2013 No 47, Sch 2.5 [5]; 2015 No 29, Sch 3 [10]; 2019 No 25, Sch 5.8[12]; 2021 No 45, Sch 3[4].

Sec 102

Am 2000 No 76, Sch 1 [12].

Sec 104

Subst 2006 No 60, Sch 1 [40].

Secs 104A–104C

Ins 2006 No 60, Sch 1 [40].

Sec 105

Am 2000 No 76, Sch 1 [13]; 2006 No 60, Sch 1 [41]–[46]; 2007 No 30, Sch 2; 2009 No 13, Sch 1.4 [3]; 2010 No 105, Sch 1 [8]; 2012 No 97, Sch 1.3 [1]; 2014 No 8, Sch 1 [67]; 2018 No 81, Sch 1 [35]–[39].

Sec 106

Am 2008 No 62, Sch 2.7 [1] [2].

Sec 106A

Ins 2006 No 95, Sch 1 [3]. Am 2007 No 27, Sch 2.8; 2022 No 67, Sch 1[20] [21].

Sec 107

Am 2006 No 95, Sch 1 [4]; 2009 No 77, Sch 2.2.

Chapter 6, Part 2

Ins 2005 No 93, Sch 1 [8].

Chapter 6, Part 2, Div 1

Ins 2005 No 93, Sch 1 [8].

Sec 109

Am 2001 No 121, Sch 2.35 [1]. Subst 2005 No 93, Sch 1 [8]. Am 2009 No 13, Sch 2.1 [4]; 2025 No 61, Sch 3.3[1].

Chapter 6, Part 2, Div 2

Ins 2005 No 93, Sch 1 [8].

Sec 109A

Ins 2005 No 93, Sch 1 [8].

Sec 109B

Ins 2005 No 93, Sch 1 [8] (am 2006 No 95, Sch 4.2). Am 2025 No 61, Sch 3.3[2] [3].

Chapter 6, Part 2, Div 3

Ins 2005 No 93, Sch 1 [8].

Sec 109C

Ins 2005 No 93, Sch 1 [8]. Am 2025 No 61, Sch 3.3[4].

Sec 109D

Ins 2005 No 93, Sch 1 [8]. Am 2025 No 61, Sch 3.3[4] [5].

Sec 109E

Ins 2005 No 93, Sch 1 [8].

Sec 109F

Ins 2005 No 93, Sch 1 [8].

Sec 109G

Ins 2005 No 93, Sch 1 [8].

Sec 109H

Ins 2005 No 93, Sch 1 [8].

Sec 109I

Ins 2005 No 93, Sch 1 [8].

Sec 109J

Ins 2005 No 93, Sch 1 [8]. Am 2025 No 61, Sch 3.3[6] [7].

Sec 109K

Ins 2005 No 93, Sch 1 [8].

Chapter 6, Part 2, Div 4

Ins 2005 No 93, Sch 1 [8].

Sec 109L

Ins 2005 No 93, Sch 1 [8].

Sec 109M

Ins 2005 No 93, Sch 1 [8].

Sec 109N

Ins 2005 No 93, Sch 1 [8].

Sec 109O

Ins 2005 No 93, Sch 1 [8].

Sec 109P

Ins 2005 No 93, Sch 1 [8]. Am 2025 No 61, Sch 3.3[8].

Sec 109Q

Ins 2005 No 93, Sch 1 [8].

Chapter 6, Part 2, Div 5

Ins 2005 No 93, Sch 1 [8].

Sec 109R

Ins 2005 No 93, Sch 1 [8].

Sec 109S

Ins 2005 No 93, Sch 1 [8].

Sec 109T

Ins 2005 No 93, Sch 1 [8].

Chapter 6, Part 2, Div 6

Ins 2005 No 93, Sch 1 [8].

Sec 109U

Ins 2005 No 93, Sch 1 [8]. Subst 2014 No 5, Sch 2.2 [2]. Am 2025 No 61, Sch 3.3[8]–[11].

Sec 109V

Ins 2005 No 93, Sch 1 [8]. Subst 2014 No 5, Sch 2.2 [2]. Am 2025 No 61, Sch 3.3[12]–[16].

Chapter 6, Part 2, Div 7 (secs 109W, 109X)

Ins 2005 No 93, Sch 1 [8].

Sec 114

Am 2014 No 8, Sch 1 [68].

Sec 115

Am 2000 No 76, Sch 2 [14].

Sec 116

Am 2006 No 60, Sch 1 [47]; 2014 No 8, Sch 1 [69].

Sec 117

Am 2014 No 8, Sch 1 [70].

Sec 122

Am 2003 No 82, Sch 1.6 [2] [3]; 2014 No 8, Sch 1 [71] [72].

Chapter 7, Part 3

Rep 2009 No 13, Sch 1.2 [28].

Sec 123

Am 2006 No 60, Sch 1 [48]. Rep 2009 No 13, Sch 1.2 [28].

Sec 124

Rep 2009 No 13, Sch 1.2 [28].

Sec 124A

Ins 2000 No 76, Sch 1 [14]. Rep 2009 No 13, Sch 1.2 [28].

Secs 125, 126

Rep 2009 No 13, Sch 1.2 [28].

Sec 127

Am 2000 No 76, Sch 1 [15]. Rep 2009 No 13, Sch 1.2 [28].

Secs 128–132

Rep 2009 No 13, Sch 1.2 [28].

Sec 133

Subst 2000 No 76, Sch 1 [16]. Rep 2009 No 13, Sch 1.2 [28].

Secs 133A, 133B

Ins 2000 No 76, Sch 1 [16]. Rep 2009 No 13, Sch 1.2 [28].

Sec 134

Am 2009 No 13, Sch 1.3 [3].

Sec 134A

Ins 2020 No 31, Sch 2.1[2].

Sec 135

Am 2000 No 53, Sch 1.2 [2] [3]; 2000 No 76, Sch 1 [17]; 2001 No 56, Sch 2.4; 2001 No 91, Sch 1 [17] [18]; 2002 No 53, Sch 1.1 [2]; 2003 No 82, Sch 1.6 [4] [5]. Subst 2009 No 13, Sch 1.3 [4]. Am 2011 No 70, Sch 2.2 [2]; 2014 No 8, Sch 1 [73] [74]; 2018 No 81, Sch 1 [40]; 2019 No 25, Sch 5.8[13]; 2022 No 33, Sch 2.2[2] [3].

Secs 135A, 135B

Ins 2009 No 13, Sch 1.3 [4].

Sec 135C

Ins 2009 No 13, Sch 1.3 [4]. Am 2010 No 105, Sch 1 [9]. Rep 2019 No 25, Sch 5.8[14].

Sec 136

Subst 2009 No 13, Sch 1.3 [5]. Am 2012 No 97, Sch 1.3 [2]; 2018 No 81, Sch 1 [41]; 2022 No 33, Sch 2.2[4].

Sec 137

Am 2009 No 13, Schs 1.3 [6], 3.3 [1]; 2012 No 51, Sch 4.1 [2]; 2013 No 31, Sch 2 [2]; 2014 No 8, Sch 1 [75]; 2015 No 29, Sch 3 [11]–[13]; 2020 No 31, Sch 2.1[3]; 2021 No 16, Sch 3[10]; 2021 No 45, Sch 3[5].

Sec 137AA

Ins 2021 No 45, Sch 3[6].

Secs 137A, 137B

Ins 2020 No 31, Sch 2.1[4].

Sec 138

Am 2009 No 13, Sch 1.3 [7]; 2012 No 97, Sch 1.3 [3].

Sec 139

Am 2010 No 59, Sch 1.8 [2]–[4]; 2015 No 29, Sch 3 [14]. Rep 2019 No 25, Sch 5.8[14].

Sec 140

Rep 2019 No 25, Sch 5.8[14].

Sec 141

Am 2009 No 22, Sch 1 [1].

Sec 142

Am 2006 No 60, Sch 1 [49].

Sec 146

Am 2021 No 45, Sch 3[7].

Sec 147

Am 2021 No 45, Sch 3[8].

Sec 148

Am 2002 No 53, Sch 1.1 [11]. Rep 2006 No 95, Sch 3 [8].

Sec 149

Am 2000 No 76, Sch 2 [15]. Subst 2001 No 91, Sch 1 [19]. Am 2006 No 60, Sch 1 [50]. Rep 2014 No 8, Sch 1 [76].

Sec 149AA

Ins 2005 No 93, Sch 1 [9]. Rep 2014 No 8, Sch 1 [77].

Sec 149A

Ins 2001 No 91, Sch 1 [19]. Rep 2014 No 8, Sch 1 [78].

Chapter 8, Part 2, Div 1A

Ins 2006 No 95, Sch 3 [9].

Sec 149B

Ins 2006 No 95, Sch 3 [9]. Am 2009 No 13, Sch 1.2 [29].

Sec 149C

Ins 2006 No 95, Sch 3 [9]. Am 2008 No 114, Sch 1.4 [2].

Sec 149D

Ins 2006 No 95, Sch 3 [9].

Sec 149E

Ins 2006 No 95, Sch 3 [9]. Am 2021 No 45, Sch 3[9].

Sec 149F

Ins 2006 No 95, Sch 3 [9]. Am 2013 No 95, Sch 2.27 [2].

Sec 149G

Ins 2006 No 95, Sch 3 [9]. Am 2013 No 95, Sch 2.27 [3]–[6].

Sec 149H

Ins 2006 No 95, Sch 3 [9]. Am 2013 No 95, Sch 2.27 [7] [8].

Secs 149I–149K

Ins 2006 No 95, Sch 3 [9].

Sec 150

Am 2001 No 91, Sch 1 [20]; 2010 No 59, Sch 1.8 [5]; 2019 No 1, Sch 1.1 [1].

Chapter 8, Part 3

Subst 2009 No 13, Sch 1.3 [8].

Chapter 8, Part 3, Div 1

Subst 2009 No 13, Sch 1.3 [8].

Sec 151

Am 2001 No 91, Sch 1 [22]. Subst 2009 No 13, Sch 1.3 [8].

Sec 152

Am 2002 No 53, Sch 1.1 [7]. Subst 2009 No 13, Sch 1.3 [8].

Chapter 8, Part 3, Div 2, heading

Subst 2009 No 13, Sch 1.3 [8]. Am 2018 No 81, Sch 1 [42]

Sec 153

Subst 2009 No 13, Sch 1.3 [8]. Am 2014 No 8, Sch 1 [79] [80]. Subst 2018 No 81, Sch 1 [43].

Chapter 8, Part 3, Div 3, heading

Ins 2009 No 13, Sch 1.3 [8].

Sec 154

Am 2006 No 60, Sch 1 [51]–[53]. Subst 2009 No 13, Sch 1.3 [8]. Am 2012 No 97, Sch 1.3 [4].

Sec 155

Am 2001 No 91, Sch 1 [23]. Subst 2009 No 13, Sch 1.3 [8]. Am 2014 No 8, Sch 1 [81]. Subst 2018 No 81, Sch 1 [44].

Chapter 8, Part 3A

Ins 2009 No 13, Sch 1.3 [8]. Rep 2019 No 25, Sch 5.8[15].

Sec 156

Am 2000 No 76, Sch 2 [16]–[18]; 2001 No 112, Sch 1.4 [3]. Subst 2009 No 13, Sch 1.3 [8]. Am 2010 No 59, Sch 1.8 [6] [7]; 2010 No 105, Sch 1 [10] [11]; 2015 No 29, Sch 3 [15] [16]. Rep 2019 No 25, Sch 5.8[15].

Sec 156A

Ins 2009 No 13, Sch 1.3 [8]. Am 2010 No 59, Sch 1.8 [8]. Subst 2010 No 105, Sch 1 [12]. Rep 2019 No 25, Sch 5.8[15].

Sec 156B

Ins 2010 No 105, Sch 1 [12]. Am 2012 No 97, Sch 1.3 [5]. Rep 2019 No 25, Sch 5.8[15].

Sec 157

Am 2006 No 60, Sch 1 [54]–[57].

Sec 158

Am 2000 No 76, Sch 1 [18]–[21]; 2002 No 53, Sch 1.1 [12] [13]; 2010 No 105, Sch 1 [13]–[16]; 2022 No 33, Sch 2.2[5].

Chapter 8, Part 5, heading

Am 2009 No 13, Sch 1.3 [9].

Sec 159A

Ins 2009 No 13, Sch 1.3 [10].

Sec 161

Am 2000 No 76, Schs 1 [22]–[26], 2 [19]; 2001 No 112, Sch 1.4 [4]; 2006 No 60, Sch 1 [58]; 2009 No 13, Sch 1.3 [11]; 2010 No 105, Sch 1 [17]; 2014 No 8, Sch 1 [82]; 2018 No 81, Sch 1 [45].

Sec 163

Am 2002 No 53, Sch 1.1 [14].

Sec 164

Am 2006 No 60, Sch 1 [59].

Chapter 8, Part 6, heading

Am 2009 No 13, Sch 1.3 [12].

Sec 165A

Ins 2009 No 13, Sch 1.3 [13].

Sec 165

Am 2006 No 60, Sch 1 [60].

Sec 168

Am 2006 No 60, Sch 1 [61] [62]; 2006 No 95, Sch 3 [10]; 2010 No 105, Sch 1 [18] [19]; 2019 No 14, Sch 1.4[1].

Sec 169

Am 2006 No 60, Sch 1 [63]; 2019 No 1, Sch 1.1 [2]; 2019 No 14, Sch 1.4[2].

Sec 170

Am 2000 No 76, Sch 2 [20]; 2006 No 60, Sch 1 [64]; 2006 No 95, Sch 3 [11]; 2021 No 16, Sch 3[11].

Sec 170A

Ins 2006 No 60, Sch 1 [65].

Sec 171

Am 2000 No 76, Sch 2 [21]; 2009 No 13, Sch 1.3 [14].

Sec 171A

Ins 2015 No 29, Sch 3 [17]. Rep 2019 No 25, Sch 5.8[16].

Sec 172

Am 2009 No 13, Sch 1.3 [14]. Rep 2019 No 25, Sch 5.8[16].

Sec 172A

Ins 2014 No 8, Sch 1 [83]. Am 2018 No 81, Sch 1 [46].

Chapter 9, Part 1, heading

Am 2012 No 95, Sch 1.5 [4].

Sec 173

Am 2012 No 97, Sch 1.3 [6].

Sec 175

Am 2000 No 76, Sch 1 [27]; 2005 No 93, Sch 1 [10]; 2012 No 97, Sch 1.3 [7]; 2013 No 95, Sch 5.4 [1]–[3]; 2014 No 8, Sch 1 [84]–[86]; 2018 No 68, 1.3 [2]; 2024 No 71, Sch 2[2].

Sec 176

Rep 2005 No 93, Sch 1 [11].

Sec 177

Am 2002 No 53, Sch 1.1 [15]; 2006 No 60, Sch 1 [66].

Chapter 9, Part 3 (sec 177A)

Ins 2014 No 8, Sch 1 [87].

Chapter 10, Part 1

Rep 2019 No 25, Sch 5.8[17].

Sec 178

Am 2014 No 33, Sch 3.1 [1]. Rep 2019 No 25, Sch 5.8[17].

Secs 178A–178F

Ins 2014 No 33, Sch 3.1 [2]. Rep 2019 No 25, Sch 5.8[17].

Sec 179

Rep 2019 No 25, Sch 5.8[17].

Chapter 10, Part 2

Rep 2019 No 25, Sch 5.8[17].

Sec 180

Am 2002 No 42, Sch 4.2 [1]; 2009 No 41, Sch 3.3. Rep 2019 No 25, Sch 5.8[17].

Sec 181

Am 2009 No 13, Sch 1.4 [4]; 2010 No 59, Sch 1.8 [9]; 2010 No 105, Sch 1 [20]; 2013 No 31, Sch 2 [3]; 2014 No 8, Sch 1 [88] [89]. Rep 2019 No 25, Sch 5.8[17].

Sec 182

Rep 2019 No 25, Sch 5.8[18] (transferred to the Children’s Guardian Act 2019, sec 131).

Sec 183

Rep 2009 No 13, Sch 1.4 [5]. Ins 2013 No 31, Sch 2 [4]. Rep 2019 No 25, Sch 5.8[17].

Sec 184

Rep 2019 No 25, Sch 5.8[19] (transferred to the Children’s Guardian Act 2019, sec 132).

Sec 185

Am 2000 No 76, Sch 2 [22]; 2009 No 22, Sch 1 [2]–[5]; 2010 No 105, Sch 1 [21]; 2012 No 97, Sch 1.3 [8]; 2015 No 58, Sch 3.15 [2]. Rep 2019 No 25, Sch 5.8[17].

Sec 186

Am 2009 No 13, Sch 1.4 [6]. Rep 2019 No 25, Sch 5.8[17].

Sec 186A

Ins 2013 No 31, Sch 2 [5]. Am 2015 No 29, Sch 3 [18]. Rep 2019 No 25, Sch 5.8[17].

Sec 186B

Ins 2013 No 31, Sch 2 [5]. Rep 2019 No 25, Sch 5.8[17].

Chapter 10, Part 3, (secs 187–190)

Rep 2019 No 25, Sch 5.8[17].

Chapter 11

Rep 2003 No 26, Sch 2.1 [2].

Sec 191

Am 2000 No 76, Sch 2 [23] [24]. Rep 2003 No 26, Sch 2.1 [2].

Sec 192

Am 2002 No 42, Sch 4.2 [2] [3]. Rep 2003 No 26, Sch 2.1 [2].

Secs 193, 194

Rep 2003 No 26, Sch 2.1 [2].

Sec 195

Am 2000 No 76, Sch 2 [25]. Rep 2003 No 26, Sch 2.1 [2].

Secs 196–198

Rep 2003 No 26, Sch 2.1 [2].

Chapter 12

Rep 2011 No 70, Sch 2.2 [3].

Chapter 12, Part 1

Rep 2011 No 70, Sch 2.2 [3].

Sec 199

Am 2006 No 95, Sch 3 [12]–[14]; 2010 No 67, Sch 1 [2] [3]. Rep 2011 No 70, Sch 2.2 [3].

Sec 200

Am 2004 No 87, Sch 6.1; 2006 No 95, Sch 3 [15] [16]; 2007 No 9, Sch 5.3 [1]; 2008 No 114, Sch 1.4 [3]. Rep 2011 No 70, Sch 2.2 [3].

Chapter 12, Part 2

Rep 2011 No 70, Sch 2.2 [3].

Sec 201

Rep 2011 No 70, Sch 2.2 [3].

Sec 202

Subst 2010 No 67, Sch 1 [4]. Rep 2011 No 70, Sch 2.2 [3].

Sec 203

Rep 2011 No 70, Sch 2.2 [3].

Chapter 12, Part 3

Subst 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Chapter 12, Part 3, Div 1, heading

Ins 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Chapter 12, Part 3, Div 1

Rep 2011 No 70, Sch 2.2 [3].

Sec 204

Subst 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Sec 205

Am 2008 No 114, Sch 1.4 [4]. Subst 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Sec 206

Am 2000 No 53, Sch 1.2 [4]. Subst 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Sec 207

Subst 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Sec 208

Am 2003 No 40, Sch 1.6 [3]; 2006 No 60, Sch 1 [67] [68]. Subst 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Sec 209

Am 2003 No 40, Sch 1.6 [3]; 2009 No 13, Sch 3.3 [2]; 2010 No 59, Sch 1.8 [10]. Subst 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Secs 210–212

Subst 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Chapter 12, Part 3, Div 2, heading

Ins 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Chapter 12, Part 3, Div 2

Rep 2011 No 70, Sch 2.2 [3].

Sec 213

Subst 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Sec 214

Am 2001 No 112, Sch 3.2. Subst 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Sec 215

Am 2000 No 76, Sch 2 [26]. Subst 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Secs 216–218

Subst 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Sec 218A

Ins 2005 No 93, Sch 1 [12]. Rep 2010 No 67, Sch 1 [5].

Sec 219

Rep 2006 No 95, Sch 3 [17]. Ins 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Chapter 12, Part 3, Divs 3, 4 (secs 219A–219J)

Ins 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Chapter 12, Part 4

Subst 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Secs 219K–219S

Ins 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Chapter 12, Part 5

Subst 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Chapter 12, Part 5, Divs 1–3 (secs 219T–219ZA)

Ins 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Chapter 12, Parts 6, 7 (secs 219ZB–219ZF)

Ins 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Chapter 12, Part 8

Ins 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Secs 219ZG–219ZI

Ins 2010 No 67, Sch 1 [5]. Rep 2011 No 70, Sch 2.2 [3].

Sec 220

Am 2000 No 76, Sch 2 [27]; 2003 No 40, Sch 1.6 [3] [4]; 2005 No 93, Sch 1 [13]; 2006 No 60, Sch 1 [69]; 2008 No 122, Sch 4.1 [1] [2]; 2009 No 13, Sch 1.6 [5]; 2010 No 105, Sch 1 [22]. Subst 2010 No 67, Sch 1 [5] (am 2010 No 105, Sch 2.1). Am 2011 No 27, Sch 1.3 [3]. Rep 2011 No 70, Sch 2.2 [3].

Chapter 12A

Ins 2006 No 60, Sch 1 [70]. Rep 2011 No 70, Sch 2.2 [3].

Sec 220A

Ins 2006 No 60, Sch 1 [70]. Am 2008 No 114, Sch 1.4 [5]. Rep 2011 No 70, Sch 2.2 [3].

Sec 220B

Ins 2006 No 60, Sch 1 [70]. Am 2008 No 122, Sch 4.1 [3] [4]. Rep 2011 No 70, Sch 2.2 [3].

Chapter 13

Rep 2019 No 25, Sch 5.8[20].

Sec 221

Am 2009 No 3, Sch 1 [1]; 2013 No 31, Sch 2 [6]. Rep 2019 No 25, Sch 5.8[20].

Sec 222

Am 2012 No 97, Sch 1.3 [9]. Rep 2019 No 25, Sch 5.8[20].

Sec 223

Am 2009 No 3, Sch 1 [2]; 2012 No 97, Sch 1.3 [10]. Rep 2019 No 25, Sch 5.8[20].

Sec 224

Am 2013 No 31, Sch 2 [6]. Rep 2019 No 25, Sch 5.8[20].

Sec 225

Rep 2019 No 25, Sch 5.8[20].

Sec 226

Am 2000 No 76, Sch 2 [28]; 2003 No 82, Sch 1.6 [6]; 2008 No 114, Sch 1.4 [6]. Rep 2019 No 25, Sch 5.8[20].

Secs 226A, 226B

Ins 2016 No 56, Sch 2 [1]. Rep 2019 No 25, Sch 5.8[20].

Sec 227

Am 2018 No 81, Sch 1 [47].

Sec 228

Am 2012 No 97, Sch 1.3 [11]; 2018 No 81, Sch 1 [48].

Sec 229

Am 2006 No 60, Sch 1 [71]; 2006 No 95, Sch 2 [1]; 2010 No 119, Sch 2.8.

Sec 230

Subst 2008 No 78, Sch 1 [1]. Am 2012 No 97, Sch 1.3 [12].

Sec 230A

Ins 2008 No 78, Sch 1 [2]. Am 2012 No 97, Sch 1.3 [13].

Chapter 14A

Ins 2006 No 95, Sch 2 [2].

Chapter 14A, Part 1 (secs 231A, 231B)

Ins 2006 No 95, Sch 2 [2].

Chapter 14A, Part 2

Ins 2006 No 95, Sch 2 [2].

Chapter 14A, Part 2, Div 1

Ins 2006 No 95, Sch 2 [2].

Secs 231C, 231D

Ins 2006 No 95, Sch 2 [2].

Sec 231E

Ins 2006 No 95, Sch 2 [2]. Am 2009 No 13, Sch 1.2 [30].

Sec 231F

Ins 2006 No 95, Sch 2 [2]. Am 2013 No 95, Sch 2.27 [9] [10].

Chapter 14A, Part 2, Div 2

Ins 2006 No 95, Sch 2 [2].

Secs 231G–231I

Ins 2006 No 95, Sch 2 [2].

Sec 231J

Ins 2006 No 95, Sch 2 [2]. Am 2009 No 13, Sch 1.2 [31].

Sec 231K

Ins 2006 No 95, Sch 2 [2].

Chapter 14A, Part 3

Ins 2006 No 95, Sch 2 [2].

Sec 231L

Ins 2006 No 95, Sch 2 [2].

Sec 231M

Ins 2006 No 95, Sch 2 [2]. Am 2009 No 13, Sch 1.2 [29] [31].

Secs 231N, 231O

Ins 2006 No 95, Sch 2 [2].

Chapter 14A, Part 3 (secs 231L–231O)

Ins 2006 No 95, Sch 2 [2].

Chapter 14A, Part 4

Ins 2006 No 95, Sch 2 [2].

Sec 231P

Ins 2006 No 95, Sch 2 [2].

Sec 231Q

Ins 2006 No 95, Sch 2 [2]. Am 2008 No 114, Sch 1.4 [7].

Sec 231QA

Ins 2016 No 27, Sch 1.4 [1].

Sec 231R

Ins 2006 No 95, Sch 2 [2]. Am 2008 No 114, Sch 1.4 [8].

Chapter 14A, Part 5

Ins 2006 No 95, Sch 2 [2].

Sec 231S

Ins 2006 No 95, Sch 2 [2].

Sec 231T

Ins 2006 No 95, Sch 2 [2]. Am 2008 No 114, Sch 1.4 [8].

Secs 231U–231X

Ins 2006 No 95, Sch 2 [2].

Chapter 14A, Part 6 (secs 231Y–231ZB)

Ins 2006 No 95, Sch 2 [2].

Sec 232

Am 2006 No 60, Sch 1 [72].

Sec 233

Am 2002 No 53, Sch 1.1 [16]; 2002 No 103, Sch 4.6 [2]; 2005 No 93, Sch 1 [14]–[16].

Sec 234

Am 2006 No 60, Sch 1 [73].

Sec 235

Am 2019 No 25, Sch 5.8[21].

Sec 236

Am 2013 No 31, Sch 2 [7]. Rep 2019 No 25, Sch 5.8[22].

Sec 236A

Ins 2016 No 56, Sch 2 [2]. Rep 2019 No 25, Sch 5.8[22].

Sec 237

Am 2006 No 58, Sch 2.2 [1].

Sec 238

Am 2020 No 31, Sch 2.1[5].

Sec 241

Am 2010 No 105, Sch 1 [23]; 2012 No 97, Sch 1.3 [14].

Sec 243

Subst 2002 No 103, Sch 4.6 [3].

Chapter 15A (secs 244A–244C)

Ins 2014 No 8, Sch 1 [90].

Sec 245

Am 2000 No 76, Sch 2 [29]; 2002 No 42, Sch 4.2 [4]; 2006 No 95, Schs 2 [3], 3 [18] [19]; 2010 No 59, Sch 1.8 [11]; 2010 No 67, Sch 1 [6]; 2010 No 105, Sch 1 [24]; 2011 No 70, Sch 2.2 [4]; 2013 No 31, Sch 2 [6] [8]; 2013 No 95, Sch 2.27 [11]; 2014 No 8, Sch 1 [91]; 2015 No 29, Sch 3 [19]; 2019 No 25, Sch 5.8[23] [24]; 2022 No 67, Sch 1[22].

Chapter 16A

Ins 2009 No 13, Sch 1.5.

Sec 245A

Ins 2009 No 13, Sch 1.5. Am 2018 No 81, Sch 1 [49].

Sec 245B

Ins 2009 No 13, Sch 1.5. Am 2009 No 96, Sch 2 [2]; 2012 No 95, Sch 1.5 [5] [6]; 2014 No 8, Sch 1 [92]; 2015 No 29, Sch 3 [20]; 2021 No 16, Sch 3[12].

Sec 245C

Ins 2009 No 13, Sch 1.5. Am 2018 No 81, Sch 1 [50].

Sec 245CA

Ins 2015 No 29, Sch 3 [21].

Sec 245D

Ins 2009 No 13, Sch 1.5. Am 2018 No 81, Sch 1 [50].

Sec 245E

Ins 2009 No 13, Sch 1.5. Am 2018 No 81, Sch 1 [51].

Secs 245F–245G

Ins 2009 No 13, Sch 1.5.

Sec 245H

Ins 2009 No 13, Sch 1.5. Am 2019 No 25, Sch 5.8[25].

Sec 245I

Ins 2009 No 13, Sch 1.5. Am 2010 No 105, Sch 1 [25]; 2012 No 95, Sch 2.3; 2016 No 27, Sch 1.4 [2]; 2017 No 63, Sch 1.3 [2]; 2018 No 68, 1.3 [3]; 2023 No 7, Sch 2.4[2].

Sec 246

Am 2006 No 60, Sch 1 [74]; 2006 No 95, Sch 3 [20] [21].

Sec 248

Am 2006 No 95, Sch 1 [5] [6]; 2007 No 9, Sch 5.3 [2]; 2009 No 22, Sch 1 [6]–[8]; 2009 No 96, Sch 2 [3] [4]; 2015 No 29, Sch 3 [22]; 2021 No 16, Sch 3[13].

Sec 248A

Ins 2009 No 13, Sch 1.2 [32].

Sec 248B

Ins 2015 No 29, Sch 3 [23].

Sec 248C

Ins 2021 No 16, Sch 3[14].

Sec 250

Am 2009 No 13, Sch 1.2 [33].

Sec 254

Am 2012 No 97, Sch 1.3 [15].

Sec 254A

Ins 2016 No 43, Sch 2 [1].

Sec 255

Am 2002 No 53, Sch 1.1 [17]. Rep 2006 No 95, Sch 2 [4]. Ins 2008 No 53, Sch 2.

Sec 256

Am 2006 No 60, Sch 1 [75] [76].

Sec 256A

Ins 2006 No 60, Sch 1 [77]. Am 2008 No 114, Sch 1.4 [9].

Sec 258

Am 2011 No 2, Sch 1.5 [1]–[3]; 2011 No 70, Sch 2.2 [5]–[7]. Subst 2012 No 97, Sch 1.3 [16]. Am 2019 No 25, Sch 5.8[26].

Secs 258AA, 258AB

Ins 2012 No 97, Sch 1.3 [16].

Sec 258A

Ins 2006 No 95, Sch 3 [22].

Sec 259

Am 1999 No 85, Sch 2.3; 2001 No 121, Sch 2.35 [2] [3]; 2006 No 60, Sch 1 [78]; 2007 No 94, Sch 2.

Sec 259A

Ins 2010 No 67, Sch 1 [7]. Am 2016 No 56, Sch 2 [3]. Subst 2017 No 22, Sch 3.9.

Sec 260

Am 2002 No 103, Sch 4.6 [2]; 2006 No 58, Sch 2.2 [2]; 2017 No 63, Sch 1.3 [3].

Sec 264

Am 2000 No 76, Sch 2 [30]; 2004 No 81, Sch 2.2 [1] [2]; 2005 No 93, Sch 1 [17]; 2009 No 22, Sch 1 [9]; 2010 No 63, Sch 1.2 [4]; 2011 No 70, Sch 2.2 [8] [9]; 2012 No 95, Sch 1.5 [7]; 2013 No 95, Sch 2.27 [12] [13]; 2015 No 29, Sch 3 [24]; 2016 No 43, Sch 2 [2]; 2019 No 25, Sch 5.8[27] [28]; 2021 No 16, Sch 3[15]–[17], 2021 No 45, Sch 3[10]; 2022 No 67, Sch 1[23].

Sec 265

Am 2001 No 91, Sch 1 [24]; 2002 No 53, Sch 1.1 [18]. Subst 2022 No 67, Sch 1[24].

Sec 266

Ins 2022 No 67, Sch 1[25].

Sch 1

Rep 2003 No 26, Sch 2.1 [3].

Sch 2

Am 2000 No 76, Sch 2 [31] [32]; 2003 No 82, Sch 1.6 [7]; 2013 No 31, Sch 2 [9]–[12]. Rep 2019 No 25, Sch 5.8[29].

Sch 3

Am 2000 No 76, Sch 2 [33]; 2001 No 91, Sch 1 [25]; 2005 No 93, Sch 1 [18] [19]; 2006 No 60, Sch 1 [79]–[82]; 2006 No 67, Sch 1 [19] [20]; 2006 No 95, Sch 3 [23] [24]; 2008 No 78, Sch 1 [3]; 2009 No 3, Sch 1 [3] [4]; 2009 No 13, Sch 1.6 [6]; 2009 No 22, Sch 1 [10]; 2010 No 63, Sch 1.2 [5]; 2010 No 67, Sch 1 [8] [9]; 2010 No 105, Sch 1 [26] [27]; 2013 No 65, Sch 2 [3] [4]; 2014 No 8, Sch 1 [93] [94]; 2015 No 29, Sch 3 [25]–[28]; 2018 No 81, Sch 1 [52] [53]; 2021 No 45, Sch 3[11]; 2022 No 67, Sch 1[26]; 2024 No 15, Sch 1[3]; 2025 No 61, Sch 3.3[17].

The whole Act (except Sch 3)

Am 2015 No 29, Sch 3 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively).

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