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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Children and Young Persons (Care and
Protection) Amendment Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Children and Young Persons (Care and Protection)
Act 1998 No 157 3
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, , 2024
New South Wales
Children and Young Persons (Care and
Protection) Amendment Bill 2024
Act No , 2024
An Act to amend the Children and Young Persons (Care and Protection) Act 1998 in relation to
the extraterritorial application of the Act to children and young persons outside of New South
Wales.
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.
Children and Young Persons (Care and Protection) Amendment Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Children and Young Persons (Care and Protection) Amendment Act
2024.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Children and Young Persons (Care and Protection) Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998 No 157
Schedule 1 Amendment of Children and Young Persons
(Care and Protection) Act 1998 No 157
[1] Section 4 Children and young persons to whom this Act applies
Omit "who are present in New South Wales, or" from section 4(b).
Insert instead--
who--
(i) are present in New South Wales, or
(ii) have a sufficient connection to New South Wales, or
[2] Section 4(2) and (3)
Insert at the end of section 4--
(2) This Act is intended to have extraterritorial application in so far as the
legislative powers of the State permit, including in relation to children and
young persons who do not ordinarily live in, or who are not present in, New
South Wales.
(3) In determining whether a child or young person has a sufficient connection to
New South Wales for subsection (1)(b)(ii), the following may be considered--
(a) whether the child or young person is the subject of a care order under
this Act,
(b) whether members of the child or young person's family, kin or
community live in New South Wales,
(c) any time the child or young person spends in New South Wales,
including under arrangements for contact,
(d) whether the child or young person attends school or participates in other
programs or services in New South Wales,
(e) any plans for the child or young person to return to live in New South
Wales, including plans for the child or young person to be restored to
the child or young person's parents in New South Wales,
(f) whether the particular matter could be dealt with by another court in
another jurisdiction.
[3] Schedule 3 Savings, transitional and other provisions
Insert at the end of the schedule, with appropriate part and clause numbering--
Part Provision consequent on enactment of Children
and Young Persons (Care and Protection)
Amendment Act 2024
Application of amendments
(1) A relevant function exercised before the commencement date, that would have
been validly exercised if the amending Act had commenced before the
relevant function was exercised, is taken to have been validly exercised.
(2) An order made by a court under this Act before the commencement date, that
would have been validly made if the amending Act had commenced before the
order was made, is taken to have been validly made.
(3) In this clause--
Page 3
Children and Young Persons (Care and Protection) Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998 No 157
amending Act means the Children and Young Persons (Care and Protection)
Amendment Act 2024.
commencement date means the date on which the amending Act commences.
relevant function means a function conferred or imposed by this Act or the
regulations.
Page 4
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