[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
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and Elections Act 1912 is amended as 12 set out in Schedule 2. 13 5 Repeal of other Acts 14 The following Acts are repealed: 15 (a) the Child Protection Legislation Amendment Act 2002, 16 (b) the Child Protection Legislation Amendment Act 2003. 17 6 Repeal of this Act 18 (1) This Act is repealed on the day following the day on which this Act 19 commences. 20 (2) The repeal of this Act does not, because of the operation of section 30 21 of the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 Page 4 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 Page 6 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 Page 8
[Index] [Search] [Download] [Related Items] [Help]