Children and Young Persons (Care and Protection—Child Employment) (Savings and Transitional) Regulation 2004 (NSW)

1Name of Regulation

This Regulation is the Children and Young Persons (Care and Protection—Child Employment) (Savings and Transitional) Regulation 2004.

2Commencement

This Regulation commences on 1 February 2004.

3Definitions

In this Regulation:

2001 Regulation means the Children (Care and Protection—Child Employment) Regulation 2001 as in force immediately before 1 February 2004.

Code of Practice means the Code of Practice set out in Schedule 1 to the 2001 Regulation.

the 1987 Act means the Children (Care and Protection) Act 1987.

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

4Adoption of 2001 Regulation

The 2001 Regulation (clause 8 excepted) is taken to be a regulation made under the 1998 Act.

5Modification of 2001 Regulation(1)

A reference in the 2001 Regulation to a provision of the 1987 Act specified in Column 1 of the Table to this clause is taken to be a reference to the provision of the 1998 Act set out opposite that provision in Column 2 of the Table.

Table

Column 1	Column 2
Provision of 1987 Act	Provision of 1998 Act
section 50 (2)	section 221 (2)
section 52 (1) (d)	section 223 (1) (d)
section 53 (1) (c)	section 224 (1) (c)
section 53 (5) (b)	section 224 (5) (b)
clause 5 (a) of Schedule 1A	clause 5 (a) of Schedule 2
clause 6 (1) of Schedule 1A	clause 6 (1) of Schedule 2

(2)

A reference in clause 1 (3) of Schedule 1 to the 2001 Regulation to a Departmental inspector is taken to be a reference to an inspector of the Office of Children’s Guardian.

6Applications for authorities and exemptions (clause 1 of Schedule 2 to the 1998 Act)(1)

For the purposes of clause 1 (1) of Schedule 2 to the 1998 Act, the following fees are the prescribed fees for an application for an employer’s authority or for an exemption from the requirement to hold such an authority:

• (a)

  $1,100, in the case of an application that relates to work that involves participation in any entertainment, exhibition or performance, as referred to in section 223 (1) (a) or (b) of the 1998 Act,

• (b)

  $550, in the case of an application that relates to work that involves offering anything for sale door-to-door, as referred to in section 223 (1) (c) of the 1998 Act,

• (c)

  $484, in the case of an application that relates to work that involves participation in still photographic sessions.

(2)

The Minister may reduce the amount of any such fee by up to 50 per cent if satisfied that the number of children that the applicant seeks to employ under the authority at any one time is not more than 5 and the period for which the authority is sought is not more than 1 month.

(3)

The Minister may reduce the amount of any fee payable under this clause by up to 10 per cent if satisfied that the applicant displays a proven commitment to the principles of the Code of Practice.

(4)

In the case of a fee that has been reduced in accordance with subclause (2), the reduction permitted by subclause (3) applies to the fee as so reduced.

7Expiry of Regulation

This Regulation is repealed at the beginning of 1 April 2005.