Legislation

[4-1000] Children and Young Persons (Care and Protection) Act 1998

Last reviewed: May 2023

Children and young persons — care and protection — necessary for their safety, welfare and well-being — provision of environment free of violence and exploitation — provision of services that foster children’s health, developmental needs, spirituality, self-respect and dignity — assistance to parents to promote a safe and nurturing environment — principle of participation — Aboriginal and Torres Strait Islander principles — roles of the Minister and Director-General — requests for assistance and reports — investigations and assessment — principles of intervention — use of alternative dispute resolution — care plans and parent responsibility contracts — registration of plans and contracts — Children’s Court hearings — emergency protection and assessment — care applications — Children’s Court procedure — support for children and young persons in crisis — authorised carers — out-of-home care — medical examination and treatment — Children’s Guardian — children’s employment — offences involving children and young persons — transfer of child protection orders and proceedings — removal of persons and entry of premises and places — administrative review — exchange of information and co-ordination of services — Code of conduct.

Children and Young Persons (Care and Protection) Regulation 2022

Children and young persons — care and protection — rescission and variation of care orders — access to records relating to Aboriginal persons and Torres Strait Islanders — access to certain information and records kept under the Children and Young Persons (Care and Protection) Act 1998 — records, reporting and information — protection of communications made from disclosure except in certain circumstances — forms and contents of care plans and alternative parenting plans — matters relating to the Children’s Guardian — matters relating to out-of-home care — Code of Conduct for Authorised Carers — conditions of accreditation of designated agency — registered agencies — condition of registration — medical examination and treatment — carrying out certain medical treatments on children.

Children (Protection and Parental Responsibility) Act 1997

Children and young persons — care and protection — parental responsibility — guiding principles for courts — welfare of children in public places — local crime prevention — safer environment — fostering community involvement in the development of local crime prevention plans — attendance of parents and other persons at proceedings — preparation of local crime prevention plans — approval of local crime prevention plans — administration, duration and revocation of approval — proceedings for offences.

Children’s Court Act 1987

Children — Children’s Court of NSW — constitution — jurisdiction — Children’s Court Advisory Committee — Children’s Court Clinic — functions of the president — reports — venue — contempt — judicial notice of signatures — appeals — rules — practice notes — directions may be given in circumstances not covered by the rules or the practice notes — provisions relating to Children’s Magistrates.

Children’s Court Regulation 2014

Children — Children’s Court of NSW — appeals in relation to decisions of Presidential Children’s Court — appeals etc under Children and Young Persons (Care and Protection) Act 1998 — appeals under Crimes (Appeal and Review) Act 2001 — appeals relating to apprehended violence orders — appeals relating to forfeiture orders under Sch 2 to the Bail Act 2013 — appeals relating to youth conduct orders — definitions — savings.

Children’s Court Rule 2000

Children — Children’s Court of NSW — general practice and procedure — application of the Rule — administration of the court, including seal, venue, sittings and delegation of functions — filing, lodgment and service of documents — care proceedings — functions of Children’s Registrars — applications — children and young persons as witnesses — evidence of school attendance — application for appointment of a person to act as guardian ad litem — record of proceedings — subpoenas — criminal proceedings — Children’s Court Clinic — Children’s Court Advisory Committee — forms.

Community Welfare Act 1987

Promote, protect, develop, maintain and improve the welfare of the family — provision of services to persons disadvantaged by, inter alia, lack of adequate family support, family problems, breakdown of the family as a social unit, age — promotion of the welfare of Aborigines — community welfare and social development — functions of the Minister and Director-General — Council and committees — constitution and procedure — general welfare assistance — disaster welfare assistance.