Children (Care and Protection) Amendment Act 1987 (NSW)

CHILDREN (CARE AND PROTECTION) AMENDMENT

ACT 1987 No. 269

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2.     Amendment of Act No. 54, 1987

SCHEDULE 1—AMENDMENTS

CHILDREN (CARE AND PROTECTION) AMENDMENT ACT 1987

No. 269

NEW SOUTH WALES

Act No. 269, 1987

An Act to amend the Children (Care and Protection) Act 1987 with respect to the regulation of residential child care centres, adjournments of care proceedings and certain other matters. [Assented to 16 December 1987]

2   Act No. 269

Children (Care and Protection) Amendment 1987

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Children (Care and Protection)

Amendment Act 1987.

Amendment of Act No. 54, 1987

2. The Children (Care and Protection) Act 1987 is amended as set out

in Schedule 1.

SCHEDULE 1—AMENDMENTS

(Sec. 2)

(1) Section 3 (Definitions)—

(a) Section 3(1), definition of "residential child care centre"— Omit the definition, insert instead:

"residential child care centre" means any premises at which one or more children (disregarding any children who are related to the person in charge of the premises) reside, but does not include any premises that are exempt premises;

(b) Section 3 (7)—
Omit the subsection.

(c) Section 3 (9) (a)—

Omit "66A, 66B, 66C or 66n", insert instead "65A, 66A, 66B, 66C,

66D, 66F, 78H, 78I, 78J, 78K, 78L, 78M, 78N, 78O, 78P or 78Q" .

(2) Section 22 (Notification of child abuse)—

Section 22 (l)-(4)— age of 16 years".

(3) Section 33A—

Before section 34, insert:

Application of Division

Children (Care and Protection) Amendment 1987

SCHEDULE 1— AMENDMENTS—continued

(4) Section 34 (Unauthorised persons not to conduct residential child care

centres)—

Section 34 (1)—
After "centre" where firstly occurring, insert "to which this

Division applies".

(5) Section 35 (Unlicensed premises etc. not to be used as residential child

care centres)—

Section 35 (1)—
After "centre" where firstly occurring, insert "to which this

Division applies".

(6) Section 37 (Removal of children from unlicensed residential child care

centres)—

Section 37 (1) (a) (i)—

After "centre", insert "to which this Division applies".

(7) Section 74 (Assessment reports)—

(a)

Section 74 (l)(b)— 10 years)".

(b) Section 74 (3)—
After section 74 (2), insert:

(3) Nothing in this section requires a copy of the whole or any part of an assessment report to be given to a child if, in the opinion of the Children's Court, the prejudicial effect of the child being unaware of the information contained in the whole or that

likely to be occasioned to the child if the child becomes aware of part of the report is outweighed by the psychological harm that is

that information.

(8) Section 76 (Adjournments by the Children's Court)—

(a)

Section 76 (2) (b)— the proceedings within that period".

(b) Section 76 (3)—
After section 76 (2), insert:

(3) If, in the circumstances referred to in subsection (2) (b), the

4   Act No. 269

Children (Care and Protection) Amendment 1987

SCHEDULE I—AMENDMENTS—continued

(9) Section 80 (Adjournments by authorised justices prior to hearings)—

(a)	Section 80 (3) (a)— Omit "3", insert instead "5".
(b)	Section 80 (3) (b)— Omit "2", insert instead "3".