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

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who has applied to a designated agency to be authorised as an authorised carer and whose application has not been withdrawn or finally determined.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

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.