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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Families, Communities and Disability
Services Miscellaneous Amendment Bill
2021
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Adoption Act 2000 No 75 3
Schedule 2 Amendment of Ageing and Disability Commissioner Act 2019 No 7 4
Schedule 3 Amendment of Children and Young Persons (Care and Protection)
Act 1998 No 157 6
Schedule 4 Amendment of Children (Detention Centres) Act 1987 No 57 9
Schedule 5 Amendment of Children's Guardian Act 2019 No 25 10
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2021
New South Wales
Families, Communities and Disability
Services Miscellaneous Amendment Bill
2021
Act No , 2021
An Act to make miscellaneous amendments to various Acts that relate to families, communities
and disability services; and for related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Families, Communities and Disability Services Miscellaneous Amendment Bill 2021 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Families, Communities and Disability Services Miscellaneous
Amendment Act 2021.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Families, Communities and Disability Services Miscellaneous Amendment Bill 2021 [NSW]
Schedule 1 Amendment of Adoption Act 2000 No 75
Schedule 1 Amendment of Adoption Act 2000 No 75
[1] Sections 133AA and 133AB
Insert after section 133A--
133AA Information contained in court records
A person does not lose an entitlement to receive information under this
Chapter, including by operation of section 143, due to the information also
being contained in a record of court proceedings.
133AB Single application for information under this Act and Children and Young
Persons (Care and Protection) Act 1998
(1) An application by a person for information the person is entitled to receive
under this Chapter may include a request for information the person is entitled
to access under the Children and Young Persons (Care and Protection) Act
1998, Chapter 8, Part 6.
(2) The information under the Children and Young Persons (Care and Protection)
Act 1998 may be provided to the person despite no request having been made
under that Act.
[2] Section 194 Restriction on inspection of records
Insert after section 194(2)--
(3) This section does not prevent a record from being produced to the following if
required by a subpoena or other compulsory process--
(a) a court,
(b) a tribunal,
(c) an authority or person having power to require the production of
documents or the answering of questions.
(4) In this section--
produce includes permit access to.
Page 3
Families, Communities and Disability Services Miscellaneous Amendment Bill 2021 [NSW]
Schedule 2 Amendment of Ageing and Disability Commissioner Act 2019 No 7
Schedule 2 Amendment of Ageing and Disability
Commissioner Act 2019 No 7
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
detrimental action means action causing, comprising or involving 1 or more
of the following--
(a) injury, damage or loss,
(b) intimidation or harassment,
(c) discrimination, disadvantage or adverse treatment in relation to
employment,
(d) dismissal from, or prejudice in, employment,
(e) prejudice in the provision of a service,
(f) disciplinary proceedings.
[2] Section 15A
Insert after section 15--
15A Protection of employees or contractors who assist Commissioner
(1) An employer must not take or threaten to take detrimental action against an
employee or contractor because the employee or contractor assists, or
proposes to assist, the Commissioner with any function in relation to a report
about the abuse, neglect or exploitation of an adult with disability or an older
adult.
Maximum penalty--50 penalty units.
(2) In this section--
employer includes--
(a) a person who engages a person as a contractor for services, and
(b) a person acting on behalf of an employer.
[3] Section 24 Protection against retribution
Omit the definition of detrimental action from section 24(3).
[4] Section 31A
Insert after section 31--
31A Disclosure of information about outcome of report under section 13
Despite section 31, if the Commissioner considers disclosure of information
about the outcome of a report to the Commissioner under section 13 is
consistent with the objects and principles of this Act, the Commissioner may
disclose the information to the following persons--
(a) a person who made the report,
(b) another person concerned for the welfare of the adult with disability or
the older adult who was alleged to have been subject to, or at risk of,
abuse, neglect or exploitation.
[5] Schedule 1
Insert after section 36--
Page 4
Families, Communities and Disability Services Miscellaneous Amendment Bill 2021 [NSW]
Schedule 2 Amendment of Ageing and Disability Commissioner Act 2019 No 7
Schedule 1 Savings, transitional and other provisions
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature
consequent on the commencement of--
(a) a provision of this Act, or
(b) a provision amending this Act.
(2) A savings or transitional provision consequent on the commencement of a
provision must not be made more than 2 years after that commencement.
(3) A savings or transitional provision made consequent on the commencement of
a provision is repealed 2 years after that commencement.
(4) A savings or transitional provision made consequent on the commencement of
a provision may take effect before that commencement but not before--
(a) for a provision of this Act, the date of assent to this Act, or
(b) for a provision amending this Act, the date of assent to the amending
Act.
(5) A savings or transitional provision taking effect before its publication on the
NSW legislation website does not--
(a) affect the rights of a person existing before that publication in a way
prejudicial to the person, or
(b) impose liabilities on a person for anything done or omitted to be done
before that publication.
(6) In this clause--
person does not include the State or an authority of the State.
Page 5
Families, Communities and Disability Services Miscellaneous Amendment Bill 2021 [NSW]
Schedule 3 Amendment of Children and Young Persons (Care and Protection) Act 1998 No 157
Schedule 3 Amendment of Children and Young Persons
(Care and Protection) Act 1998 No 157
[1] Section 76 Order for supervision
Omit "The" from section 76(3).
Insert instead "Unless otherwise provided by this section, the".
[2] Section 76(3A)
Omit "Despite subsection (3), the". Insert instead "The".
[3] Section 76(4)-(4B)
Omit section 76(4). Insert instead--
(4) The Children's Court may require the presentation of the following reports--
(a) a report before the end of the period of supervision stating the
following--
(i) the outcomes of the supervision,
(ii) whether the purposes of the supervision have been achieved,
(iii) whether there is a need for further supervision to protect the child
or young person,
(iv) whether other orders should be made to protect the child or young
person,
(b) one or more reports during the period of supervision describing the
progress of the supervision.
(4A) The Court may consider a report presented under subsection (4) after the
period of supervision ends if the Court considers it both--
(a) reasonable in the circumstances, and
(b) in the best interests of the child or young person.
(4B) After considering a report under subsection (4A), the Court may make a new
supervision order that ends no later than the day that is 24 months after the
order made under subsection (3) or (3A) commenced.
[4] Section 76(6)
Omit "Despite subsection (3), the". Insert instead "The".
[5] Section 78 Care plans
Omit section 78(5). Insert instead--
(5) A care plan is to be in the form approved by the Secretary after consultation
with the Children's Court Advisory Committee established under the
Children's Court Act 1987.
(6) The regulations may prescribe other requirements for a care plan.
[6] Section 79C Financial assistance for children and young persons in respect of whom
guardianship orders are made
Insert after section 79C(4)--
(5) The provision of financial assistance under this section is subject to conditions
prescribed by the regulations.
Page 6
Families, Communities and Disability Services Miscellaneous Amendment Bill 2021 [NSW]
Schedule 3 Amendment of Children and Young Persons (Care and Protection) Act 1998 No 157
[7] Section 82 Report on suitability of arrangements concerning parental responsibility
Omit "12 months" from section 82(2)(a). Insert instead "24 months".
[8] Section 82(2A)
Insert after section 82(2)--
(2A) A report may be provided to the Children's Court after the time required by
subsection (2)(a) if the Court considers it both--
(a) reasonable in the circumstances, and
(b) in the best interests of the child or young person.
[9] Section 98 Right of appearance
Omit "the Children's Court is to" from section 98(2A).
Insert instead "the Children's Court may".
[10] Section 137 Authorised carers
Omit section 137(2). Insert instead--
(2) The regulations may provide for the following--
(a) the authorisation of persons as authorised carers, including on a
provisional basis,
(b) the making and determination of an application for authorisations,
(c) the imposition or variation of conditions on an authorisation, including,
but not limited to the following--
(i) the maximum number of children and young persons who may be
placed in the care of an authorised carer, including the maximum
number in specified age groups,
(ii) the identification or description of children and young persons
who may be placed in the care of an authorised carer,
(d) the period for which an authorisation remains in force,
(e) the cancellation or suspension of an authorisation, including events, the
occurrence of which--
(i) result in automatic cancellation of an authorisation, or
(ii) raise a presumption an authorisation will be cancelled,
(f) the notification, by a designated agency, to the Children's Guardian of
the placement of a child or young person in the out-of-home care of an
authorised carer,
(g) the approval or prohibition of behaviour management practices that
may be used by an authorised carer in managing the behaviour of a child
or young person in out-of-home care.
[11] Section 170 Retention of records
Insert after section 170(2A)--
(2B) An agency that ceases to be a designated agency must deliver to the Secretary
all records held by the agency about each authorised carer who cared for a
child or young person the agency was responsible for supervising, including
the following--
(a) probity checks,
(b) authorisations,
Page 7
Families, Communities and Disability Services Miscellaneous Amendment Bill 2021 [NSW]
Schedule 3 Amendment of Children and Young Persons (Care and Protection) Act 1998 No 157
(c) assessments and internal reviews,
(d) training histories,
(e) records concerning reportable conduct allegations and the investigation
of reportable conduct allegations,
(f) other records prescribed by the regulations.
[12] Section 245B Interpretation
Omit section 245B(1), definition of prescribed body, paragraph (b). Insert instead--
(b) a person or class of persons prescribed by the regulations for the
purposes of this section, or
(c) a body or class of bodies prescribed by the regulations for the purposes
of this section.
[13] Section 248 Provision and exchange of information
Omit section 248(6), definition of prescribed body, paragraph (f). Insert instead--
(f) a person or class of persons prescribed by the regulations for the
purposes of this section, or
(g) a body or class of bodies prescribed by the regulations for the purposes
of this section,
[14] Section 248C
Insert after section 248B--
248C Code of conduct
(1) The Minister may approve a code of conduct for authorised carers.
(2) It is a condition of the authorisation of a person as an authorised carer that the
authorised carer complies with the code of conduct.
(3) The code of conduct must be published on the website of the Department.
[15] Section 264 Regulations
Omit section 264(1A)(g). Insert instead--
(g) prescribing information that authorised carers must give to a designated
agency,
[16] Section 264(1A)(i)
Insert after section 264(1A)(h)--
(i) the circumstances in which an authorised carer or person residing with
an authorised carer may be required to undergo a medical examination,
[17] Section 264(1A)(k)
Insert after section 264(1A)(j)--
(k) the approval by the Secretary of the form of documents and reports
required to be provided under the regulations,
Page 8
Families, Communities and Disability Services Miscellaneous Amendment Bill 2021 [NSW]
Schedule 4 Amendment of Children (Detention Centres) Act 1987 No 57
Schedule 4 Amendment of Children (Detention Centres) Act
1987 No 57
[1] Section 9A Certain persons not to be detained in detention centres
Omit "is the subject of an arrest warrant of any kind." from section 9A(1).
Insert instead--
is the subject of--
(a) an arrest warrant of any kind, or
(b) a warrant or order for the detention of the person on remand.
[2] Section 9A(2A)
Insert after section 9A(2)--
(2A) A person who is brought before a court on a warrant or order referred to in
subsection (2) is not to be detained on remand in a detention centre until the
proceedings to which the warrant or order relates are determined.
Page 9
Families, Communities and Disability Services Miscellaneous Amendment Bill 2021 [NSW]
Schedule 5 Amendment of Children's Guardian Act 2019 No 25
Schedule 5 Amendment of Children's Guardian Act 2019 No
25
[1] Section 66 Children's Guardian approval of head of relevant entity in certain
circumstances
Omit "may nominate" from section 66(2). Insert instead "must nominate".
[2] Schedule 4 Savings, transitional and other provisions
Omit "1 September 2021" from Schedule 4, clause 2(3).
Insert instead "1 September 2022".
Page 10
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