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This is a Bill, not an Act. For current law, see the Acts databases.


COMMISSION FOR CHILDREN AND YOUNG PEOPLE AMENDMENT BILL 2007





Commission for Children and Young
People Amendment Bill 2007
No     , 2007


A Bill for

An Act to amend the Commission for Children and Young People Act 1998 in
relation to background checking of applicants for employment, the functions and
status of the Child Death Review Team and other matters; and to amend the
Parliamentary Electorates and Elections Act 1912 in relation to the audit of
child-related conduct declarations.
Clause 1          Commission for Children and Young People Amendment Bill 2007




The Legislature of New South Wales enacts:                                                1

 1    Name of Act                                                                         2

               This Act is the Commission for Children and Young People Amendment         3
               Act 2007.                                                                  4

 2    Commencement                                                                        5

               This Act commences on the date of assent to this Act.                      6

 3    Amendment of Commission for Children and Young People Act 1998                      7
      No 146                                                                              8

               The Commission for Children and Young People Act 1998 is amended           9
               as set out in Schedule 1.                                                 10

 4    Amendment of Parliamentary Electorates and Elections Act 1912 No 41                11

               The Parliamentary Electorates and Elections Act 1912 is amended as        12
               set out in Schedule 2.                                                    13

 5    Repeal of other Acts                                                               14

               The following Acts are repealed:                                          15
               (a) the Child Protection Legislation Amendment Act 2002,                  16
               (b) the Child Protection Legislation Amendment Act 2003.                  17

 6    Repeal of this Act                                                                 18

         (1)   This Act is repealed on the day following the day on which this Act       19
               commences.                                                                20

         (2)   The repeal of this Act does not, because of the operation of section 30   21
               of the Interpretation Act 1987, affect any amendment made by this Act.    22




Page 2
Commission for Children and Young People Amendment Bill 2007

Amendment of Commission for Children and Young People Act 1998            Schedule 1




Schedule 1             Amendment of Commission for Children                                 1
                       and Young People Act 1998                                            2

                                                                             (Section 3)    3

[1]    Section 26 Provisions relating to reports to Parliament                              4

       Omit "Annual Reports (Departments) Act 1985" from section 26 (6).                    5

       Insert instead "Annual Reports (Statutory Bodies) Act 1984".                         6

[2]    Section 33 Definitions                                                               7

       Omit "interstate restraint order (within the meaning of Part 15A" from               8
       paragraph (b) of the definition of relevant apprehended violence order in            9
       section 33 (1).                                                                     10

       Insert instead "external protection order (within the meaning of Division 10 of     11
       Part 15A".                                                                          12

[3]    Section 33 (1), definition of "relevant employment proceedings"                     13

       Omit "disciplinary proceedings (in this State or elsewhere)".                       14

       Insert instead "proceedings (including disciplinary proceedings), in this State     15
       or elsewhere,".                                                                     16

[4]    Section 33A Child-related employment to which Part does not apply                   17

       Omit the section.                                                                   18

[5]    Section 33P Self-employed persons                                                   19

       Insert after section 33P (2) (c):                                                   20
                     (c1) the charging of fees for the issue of such certificates, being   21
                            fees prescribed by the regulations,                            22

[6]    Section 33PA                                                                        23

       Insert after section 33P:                                                           24

      33PA   Child-related employment to which Division does not apply                     25

              (1)   This Division does not apply to the employment of a person in          26
                    child-related employment if:                                           27
                    (a) all the children with whom the person is required to have          28
                           contact in that employment are related to the person, or        29
                    (b) all the children with whom the person is required to have          30
                           contact in that employment are related to the employer and      31
                           the person is related to the employer.                          32




                                                                               Page 3
                    Commission for Children and Young People Amendment Bill 2007

Schedule 1          Amendment of Commission for Children and Young People Act 1998




              (2)      For the purposes of this section, a person is related to another      1
                       person if:                                                            2
                       (a) the person is a relative of the other person, or                  3
                       (b) the person is the guardian of the other person or a person        4
                             having the custody of or parental responsibility for the        5
                             other person (otherwise than as the holder of a public          6
                             office), or                                                     7
                       (c) the spouse of the person is related to the other person (as       8
                             referred to in paragraph (a) or (b)).                           9

              (3)      In this section:                                                     10
                       relative of a person means the spouse, parent, child, grandparent,   11
                       grandchild, uncle, aunt, brother, sister, niece or nephew of the     12
                       person, whether the relationship is of the whole or the half-blood   13
                       and whether the relationship is natural or depends on the adoption   14
                       of a person.                                                         15
                       spouse of a person includes any person who is living with that       16
                       other person as that other person's partner on a bona fide           17
                       domestic basis.                                                      18

[7]   Section 35 Guidelines relating to procedures and standards for                        19
      background checking                                                                   20

      Omit section 35 (5).                                                                  21

[8]   Section 39 Duties of employers with respect to relevant employment                    22
      proceedings                                                                           23

      Omit section 39 (1A). Insert instead:                                                 24

             (1A)      For the purposes of this Part, relevant employment proceedings       25
                       are taken to have been completed when a finding has been made        26
                       by the employer as to whether the alleged reportable conduct, or     27
                       the alleged commission of an act of violence, occurred or may        28
                       have occurred, and a decision has been made by the employer as       29
                       to what action (if any) is to be taken against the employee in       30
                       respect of the finding.                                              31

[9]   Section 39 (2)                                                                        32

      Omit the subsection. Insert instead:                                                  33

              (2)      The employer who notifies the Commission of information under        34
                       subsection (1) must also notify sufficient details of the            35
                       proceedings concerned to the Commission and each approved            36
                       screening agency that requests the information:                      37




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Commission for Children and Young People Amendment Bill 2007

Amendment of Commission for Children and Young People Act 1998          Schedule 1




                     (a)   for the purposes of background checking by the                 1
                           Commission or that approved screening agency, or               2
                     (b)   for the purposes of the Commission exercising its function     3
                           under section 36 (1) (a) of maintaining a database of          4
                           completed relevant employment proceedings.                     5

[10]   Section 39 (3)                                                                     6

       Omit "disciplinary".                                                               7

[11]   Section 45B                                                                        8

       Omit the section. Insert instead:                                                  9

       45B    Establishment of the Team                                                  10

                    A committee of the Commission, to be known as the Child Death        11
                    Review Team, is established by this Act.                             12

[12]   Section 45N Functions of the Team                                                 13

       Insert after section 45N (1):                                                     14

             (1A)   Any function of the Team with respect to child deaths occurring      15
                    in New South Wales may also be exercised by the Team in              16
                    connection with the death of a child dying outside the State while   17
                    ordinarily resident in the State.                                    18

             (1B)   The Convenor may enter into an agreement or other arrangement        19
                    for the exchange of information between the Team and a person        20
                    or body having functions under the law of another State or a         21
                    Territory that are substantially similar to the functions of the     22
                    Team, being information relevant to the exercise of the functions    23
                    of the Team or that person or body.                                  24

[13]   Section 45U Confidentiality of information                                        25

       Insert after section 45U (1) (c) (iv):                                            26
                      (v) giving effect to any agreement or other arrangement            27
                            entered into under section 45N (1B), or                      28

[14]   Section 48 Protection from liability                                              29

       Insert "or omitted" after "was done".                                             30

[15]   Schedule 3 Savings, transitional and other provisions                             31

       Insert at the end of clause 1 (1):                                                32

                    Commission for Children and Young People Amendment Act               33
                    2007                                                                 34




                                                                              Page 5
                 Commission for Children and Young People Amendment Bill 2007

Schedule 1       Amendment of Commission for Children and Young People Act 1998




[16]   Schedule 3, Part 6                                                                 1
       Insert after clause 11:                                                            2


       Part 6       Provisions consequent on enactment of                                 3
                    Commission for Children and Young                                     4
                    People Amendment Act 2007                                             5

         12   Meaning of "amending Act"                                                   6

                    In this Part:                                                         7
                    amending Act means the Commission for Children and Young              8
                    People Amendment Act 2007.                                            9

         13   Abolition of old Child Death Review Team                                   10

                    The Child Death Review Team constituted as a corporation by          11
                    section 45B (as in force immediately before the repeal and           12
                    re-enactment of that section by the amending Act), is abolished.     13

         14   Continuation of existing membership of Child Death Review Team             14

                    A person who, immediately before the repeal and re-enactment of      15
                    section 45B by the amending Act, held office as a member of the      16
                    Child Death Review Team established by that section continues        17
                    to hold office as a member of the Child Death Review Team            18
                    established by section 45B as re-enacted for the balance of his or   19
                    her term of office, subject to this Act.                             20




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Commission for Children and Young People Amendment Bill 2007

Amendment of Parliamentary Electorates and Elections Act 1912            Schedule 2




Schedule 2             Amendment of Parliamentary                                          1
                       Electorates and Elections Act 1912                                  2

                                                                            (Section 4)    3

      Section 81NA                                                                         4

      Insert after section 81N:                                                            5

    81NA     Duty of persons to assist the CYP Commission                                  6

             (1)    It is the duty of a prescribed person to provide the CYP               7
                    Commission with full and unrestricted access to records that are       8
                    under the person's control, or whose production the person may,        9
                    in an official capacity, reasonably require, being records to which   10
                    the CYP Commission reasonably requires access for the purpose         11
                    of exercising its functions under this Part.                          12

             (2)    A provision of any Act or law that restricts or denies access to      13
                    records does not prevent a person to whom subsection (1) applies      14
                    from complying, or affect the person's duty to comply, with that      15
                    subsection.                                                           16

             (3)    Access to which the CYP Commission is entitled under                  17
                    subsection (1) includes:                                              18
                    (a) the right to inspect and, on request, to be provided with         19
                          copies of, any record referred to in that subsection, and       20
                    (b) the right to inspect any non-documentary evidence                 21
                          associated with any such record.                                22

             (4)    In this section:                                                      23
                    prescribed person means any of the following persons:                 24
                     (a) the Registrar or other proper officer of a court,                25
                    (b) the Commissioner of Police,                                       26
                     (c) any person holding a statutory office prescribed by the          27
                           regulations,                                                   28
                    (d) any person employed under Chapter 1A (The Government              29
                           Service) of the Public Sector Employment and                   30
                           Management Act 2002 to hold a position or an office            31
                           prescribed by the regulations.                                 32




                                                                              Page 7
             Commission for Children and Young People Amendment Bill 2007

Schedule 2   Amendment of Parliamentary Electorates and Elections Act 1912




                record means any document or other source of information            1
                compiled, recorded or stored in written form or on film, or by      2
                electronic process, or in any other manner or by any other means.   3




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