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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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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