Children and Young Persons (Savings and Transitional) Amendment (Accreditation) Regulation 2013 (NSW)
2013 No 376
New South Wales
Children and Young Persons (Savings
and Transitional) Amendment
(Accreditation) Regulation 2013
under the
Children and Young Persons (Care and Protection) Act 1998
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Children and Young Persons (Care and Protection) Act 1998.
PRU GOWARD, MP
Minister for Family and Community Services
Explanatory note
The object of this Regulation is to extend the interim accreditation as a designated agency of the part of the Department of Family and Community Services known as Community Services. In particular, this Regulation ensures that the interim accreditation will cease to have effect by no later than:
| (a) | 31 July 2015, or |
| (b) | a later date that may be determined by the Children’s Guardian by order published on the NSW legislation website (but only if the Children’s Guardian is of the opinion that, as a result of changes or proposed changes to the administration of out-of-home care under the Children and Young Persons (Care and Protection) Act 1998, it is appropriate for the accreditation to continue in effect until that date). |
This Regulation also makes consequential and law revision amendments.
This Regulation is made under the Children and Young Persons (Care and Protection) Act
1998, including section 264 (the general regulation-making power) and clause 1 of
Schedule 3.
| Published LW 12 July 2013 | Page 1 |
| 2013 No 376 | Children and Young Persons (Savings and Transitional) Amendment |
| Clause 1 | (Accreditation) Regulation 2013 |
Children and Young Persons (Savings and Transitional)
Amendment (Accreditation) Regulation 2013
under the
Children and Young Persons (Care and Protection) Act 1998
1 Name of Regulation
This Regulation is the Children and Young Persons (Savings and
Transitional) Amendment (Accreditation) Regulation 2013.
2 Commencement
This Regulation commences on the day on which it is published on the
NSW legislation website.
| Children and Young Persons (Savings and Transitional) Amendment | 2013 No 376 |
| (Accreditation) Regulation 2013 | |
| Amendment of Children and Young Persons (Savings and Transitional) | Schedule 1 |
| Regulation 2000 | |
| Schedule 1 | Amendment of Children and Young Persons (Savings and Transitional) Regulation 2000 |
[1] Clause 22A Interim accreditation as designated agency
Insert after clause 22A (4):
(5) The principal Regulation does not apply to a transitional designated agency accredited under this clause, except as provided by this Division. (6) This clause ceases to have effect on 14 July 2013.
[2] Clause 22AA Interim accreditation of Community Services branch
Omit clause 22AA (1). Insert instead:
(1) The branch or part of the Department of Family and Community Services known as Community Services is taken to be accredited as a designated agency under the new Act and the regulations made under that Act.
[3] Clause 22AA (2)–(2B)
Omit clause 22AA (2). Insert instead:
(2) Accreditation of Community Services under this clause ceases to
have effect on the following date:
(a) 31 July 2015, (b)
if a later date is determined by the Children’s Guardian by order published on the NSW legislation website—that date.
(2A)
However, accreditation of Community Services under this clause ceases to have effect before that date if any of the following occurs:
(a)
the decision on the application for accreditation by Community Services takes effect,
(b)
the application for accreditation by Community Services is withdrawn,
(c)
the accreditation of Community Services under this clause is cancelled.
(2B)
The Children’s Guardian may make an order under this clause in relation to the date on which accreditation under this clause ceases to have effect only if the Children’s Guardian is of the opinion that, as a result of changes or proposed changes to the
| 2013 No 376 | Children and Young Persons (Savings and Transitional) Amendment (Accreditation) Regulation 2013 |
| Schedule 1 | Amendment of Children and Young Persons (Savings and Transitional) Regulation 2000 |
administration of out-of-home care under the new Act, it is appropriate for the accreditation to continue in effect until that date.
Note. This is in line with the power of the Children’s Guardian under clause 64 of the Children and Young Persons (Care and Protection) Regulation 2012 to extend the period of an accreditation if of the opinion that changes or proposed changes to the administration of out-of-home care under the Children and Young Persons (Care and Protection) Act 1998 make the extension appropriate.
[4] Clause 22AA (3)
Omit “or Ageing, Disability and Home Care” where firstly occurring.
[5] Clause 22AA (3)
Omit “or Ageing, Disability and Home Care (as the case may be)”.
[6] Clause 22AA (4)
Omit the subclause.
[7] Clause 22B Requirement for progressive achievement by Community Services
Omit clause 22B (1). Insert instead:
(1) The object of this clause is to enable Community Services to progressively satisfy the accreditation criteria that apply to it, and be accredited, under Division 4 of Part 6 of the Children and Young Persons (Care and Protection) Regulation 2012.
[8] Clause 22B (2)
Omit “The transitional designated agency”.
Insert instead “Community Services”.[9] Clause 22B (2) and (4)
Omit “the transitional designated agency” wherever occurring.
Insert instead “Community Services”.[10] Clause 22B (3)
Omit “the designated agency concerned” wherever occurring.
Insert instead “Community Services”.[11] Clause 22B (5), (6) and (9)
Omit the subclauses.
| Children and Young Persons (Savings and Transitional) Amendment | 2013 No 376 |
| (Accreditation) Regulation 2013 | |
| Amendment of Children and Young Persons (Savings and Transitional) | Schedule 1 |
| Regulation 2000 |
[12] Clause 22B (7)
Omit the subclause. Insert instead:
(7) The Children’s Guardian must report to the Minister any failure
by Community Services to comply with subclause (2).
[13] Clause 22B (8)
Omit “a transitional designated agency accredited under clause 22A or
22AA”.Insert instead “Community Services”.
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