New South Wales Consolidated Regulations

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) REGULATION 2022

- Made under the Children and Young Persons (Care and Protection) Act 1998
- As at 1 September 2022
- Reg 479 of 2022

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Interpretation

   PART 2 - GENERAL

   4.      Rescission and variation of care orders--the Act, s 264(1A)(d)
   5.      Prescribed bodies

   PART 3 - RECORDS, REPORTING AND INFORMATION

           Division 1 - Records

   6.      Access to records relating to Aboriginal persons and Torres Strait Islanders--the Act, s 14(5)

           Division 2 - Reporting

   7.      Application of mandatory reporting requirements--the Act s 264(1A)(b)
   8.      Extension of alternative reporting arrangements--the Act s 27A(10)
   9.      Senior officers of Australian law enforcement agencies--the Act, s 29(6)

   PART 4 - CARE PLANS AND ALTERNATIVE PARENTING PLANS

   10.     Care plans--the Act, s 78(6)
   11.     Alternative parenting plans--the Act, s 264(1A)(e)

   PART 5 - GUARDIANSHIP ORDERS

   12.     Form of child's or young person's consent to guardianship order--the Act, s 79A(3)
   13.     Assessment of prospective guardians--the Act, s 79B
   14.     Financial assistance to guardians--the Act, s 79C(5)

   PART 6 - OUT-OF-HOME CARE

           Division 1 - General

   15.     Arrangements and services that are not out-of-home care--the Act, s 135(3)
   16.     Application for review of temporary care arrangement--the Act, s 152(6)

           Division 2 - Authorisations by designated agencies--the Act, s 137(2)

              Subdivision 1 - Authorisation

   17.     Application to be an authorised carer in a private capacity
   18.     Determination of application

              Subdivision 2 - Provisional authorisation

   19.     Provisional authorisation
   20.     Assessment of capability and suitability to be provisionally authorised
   21.     Administration of provisional authorisation

              Subdivision 3 - Other authorisations

   22.     Emergency authorisation of residential care worker
   23.     Authorisation of residential care workers--the Act, s 137
   24.     Authorisation of residential care workers under sections 22 and 23
   25.     Authorisation of caseworkers
   26.     Authorisation of interstate residential care workers--the Act, s 137
   27.     Other carers authorised by Department to enable special care
   28.     Authorised carer authorised by designated agency to give respite to usual authorised carer

              Subdivision 4 - Conditions of authorisation
              Note

   29.     Training
   30.     Designated agency may impose conditions
   31.     Personal responsibility of authorised carer
   32.     Notice of change of address
   33.     Information to be provided to designated agency
   34.     Medical examination

              Subdivision 5 - Cancellation, suspension and surrender of authorisation

   35.     Cancellation or suspension of authorisation by designated agency
   36.     Automatic cancellation--making of guardianship order
   37.     Automatic cancellation--working with children requirements no longer met
   38.     Automatic cancellation--cessation of employment or contract
   39.     Presumption authorisation will be cancelled
   40.     Automatic suspension of authorisation
   41.     Surrender of authorisation

              Subdivision 6 - Miscellaneous

   42.     Assessment of persons residing on same property as carer
   43.     Authorisation by designated agency to be in writing

           Division 3 - Authorisation other than by designated agency

   44.     Other authorisation
   45.     Transferred authorisation

           Division 4 - Behaviour management--the Act, s 137(2)(g)
           46. Children and young persons supervised by a designated agency

   47.     Children and young persons not supervised by a designated agency

   PART 7 - MEDICAL EXAMINATION AND TREATMENT

   48.     Notice of medical examination
   49.     Administration of psychotropic drugs to child in statutory out-of-home care--the Act, s 264(1A)(g)

   PART 8 - MISCELLANEOUS

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