New South Wales Consolidated Regulations

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) REGULATION 2012

- Made under the Children and Young Persons (Care and Protection) Act 1998
- As at 23 February 2022
- Reg 425 of 2012

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - GENERAL

   4.      (Repealed)
   5.      Rescission and variation of care orders--"significant change"
   6.      Delegation of functions of Children's Guardian
   7.      Administrative review of decisions of Children's Guardian
   8.      Prescribed bodies
   9.      (Renumbered)
           9A-11. (Repealed)
   12.     When acts of Children's Guardian take effect

   PART 3 - RECORDS, REPORTING AND INFORMATION

   13.     Form of records
   14.     Access to records relating to Aboriginals and Torres Strait Islanders
   15.     Application of mandatory reporting requirements
   16.     Extension of alternative reporting arrangements to employees and contractors of relevant Aboriginal organisations
   17.     Extension of alternative reporting arrangements to employees or contractors of affiliated health organisations
   18.     Extension of alternative reporting arrangements to registered medical practitioners and general practice nurses
   19.     Extension of alternative reporting arrangements to employees or contractors of private health facilities
   20.     Provision and collection of information
   21.     Senior officers of other Australian law enforcement agencies

   PART 4 - CARE PLANS AND ALTERNATIVE PARENTING PLANS

   22.     Care plans
   23.     Alternative parenting plans

   PART 4A - GUARDIANSHIP ORDERS

   23A.    Financial assistance to guardians
   23B.    Form of child's or young person's consent to guardianship order
   23C.    Suitability statements relating to prospective guardians
           23D, 23E. (Repealed)

   PART 5 - MEDICAL EXAMINATION AND TREATMENT

   24.     Notice of medical examination
   25.     (Repealed)
   26.     Administration of psychotropic drug to child in statutory out-of-home care

   PART 6 - OUT-OF-HOME CARE

           Division 1 - General

   27.     Application for review of temporary care arrangement
   28.     Arrangements and services that are not out-of-home care

           Division 2 - Authorisations by designated agencies

   29.     Definitions
   30.     Authorisation of individual caring in private capacity
   31.     Provisional authorisation
   31A.    Assessment of persons residing on same property as carer
   31B.    Emergency authorisation of staff and contractors
   32.     Other carers authorised by Department to enable special care
   33.     Authorised carers authorised by designated agency to give respite to usual authorised carers
   34.     Conditions of authorisations
   35.     Authorisations by designated agencies to be in writing
   36.     Personal responsibility of authorised carers
   37.     Inspection of home or premises
   38.     Medical examination
   39.     Notice of change of address
   40.     Information to be provided to designated agency
   41.     Management of behaviour of children and young persons
   41A.    Surrender of authorisation
   42.     Cancellation or suspension of authorisations by designated agencies
   42A.    Cancellation of authorisation on making of a guardianship order
   42B.    Automatic cancellation--working with children requirements no longer met
   42C.    Automatic cancellation--cessation of employment or contract
   42CA.   Presumption that authorisation will be cancelled
   42D.    Automatic suspension of authorisation

           Division 3 - Authorisations other than by designated agencies

   43.     Other authorisations
   43A.    Transferred authorisations
   44.     Management of behaviour of children and young persons

           Division 4 - Accreditation as a designated agency

              Subdivision 1 - Accreditation

   45.     Application for accreditation
   46.     Taking over an application for accreditation
   47.     Deferral of determination of application to renew accreditation
   48.     Accreditation criteria
   49.     Determination of application for accreditation
   50.     Accreditation notice
   50A.    Public information about accreditations
   51.     Children's Guardian may set aside decision not to accredit
   52.     Requirements where only provisional accreditation granted
   53.     Progression from provisional accreditation to full accreditation
   54.     Accreditation criteria must be wholly satisfied

              Subdivision 2 - Transfer of accreditation

   55.     Application of Subdivision
   56.     Application for transfer of accreditation
   57.     Transfer of accreditation
   58.     When transfer takes effect
   59.     Transfer guidelines
   60.     Consequences of transfer of accreditation

              Subdivision 3 - Accreditation administration

   61.     Form and accreditation period
   61A.    Accreditation extended after designated agency becomes an accredited adoption service provider
   62.     Accreditation extended on deferral until application to renew determined
   63.     Accreditation extended until decision not to re-accredit takes effect
   64.     Accreditation extended to accommodate changes
   65.     Conditions on accreditation and process of accreditation
   66.     Accreditation--shortening, suspension and cancellation
   67.     Designated agencies with suspended accreditations
   68.     Designated agencies with shortened accreditation periods

           Division 5 - Voluntary out-of-home care

              Subdivision 1 - Preliminary

   69.     Definitions

              Subdivision 2 - Registration of organisations

   70.     Applications for registration
   71.     Criteria for determination of applications for registration
   72.     Determination of applications for registration
   73.     Conditions of registration
   74.     Cancellation of registration

              Subdivision 3 - Information relating to voluntary out-of-home care

   75.     Provision of information relating to child or young person in or leaving voluntary out-of-home care
   76.     Designated agency to notify Children's Guardian after commencing supervision of care
   77.     Registered agency to provide information when child or young person in unsupervised voluntary out-of-home care
   78.     Designated agency to provide information about case plans
   79.     Keeping of information about case plans

              Subdivision 4 - Publicly available list of agencies that provide or arrange voluntary out-of-home care

   80.     List of agencies that may provide or arrange voluntary out-of-home care
   81.     Public availability of list

              Subdivision 5 - Limited-access register of information about children and young persons in voluntary out-of-home care

   82.     Children's Guardian to establish and maintain register
   83.     Restricted access to register
   84.     Children and young persons and their parents may request details on register
   85.     Children and young persons and their parents may request amendments of details on register

              Subdivision 6 - Miscellaneous

   86.     Management of behaviour of children and young persons in voluntary out-of-home care

           Division 6 - Carers Register

   86A.    Definitions
   86B.    Establishment of Carers Register
   86C.    Entering information on Carers Register
   86D.    Information about carer applicants
   86E.    Information about persons residing on same property as carer applicants
   86F.    Information about persons provisionally authorised as carers
   86G.    Information about authorised carers
   86H.    Information about persons residing on same property as authorised carer
   86I.    Reportable allegations
   86J.    Amending the register--general
   86K.    Amending the register--overturned decisions
   86L.    Amending the register--request by person whose information is on register
   86M.    Access to register--general
   86N.    Access to register--person whose information is on register

   PART 7 - CHILDREN'S GUARDIAN

   87.     Provision of information to Children's Guardian

   PART 8 - MISCELLANEOUS

   88.     Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5


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