New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 168

168 Access to personal information

(1) On leaving, or after having left, out-of-home care, a person is entitled to have access, free of charge, to personal information relating directly to the person in any records kept by--

(a) the designated agency that had supervisory responsibility for the person, or

(b) his or her authorised carer, or

(c) the Secretary, if the person was under the parental responsibility of the Minister and the Department was not the designated agency that had supervisory responsibility for the person.

(1A) In this section, a reference to records kept by a designated agency includes a reference to records formerly kept by the agency and delivered to the Secretary as referred to in section 170(2A).

(2) The designated agency is to provide an appropriate person to support and assist the person seeking access to information at the time when access to the information occurs.

(3) Information under this section is to be provided orally or in writing, as the person concerned elects.

(4) This section extends to any person who was under the parental responsibility of the Minister or the Secretary, however expressed, under the repealed Children (Care and Protection) Act 1987 , the repealed Child Welfare Act 1939 or any other repealed Act.

Note : Under the repealed Acts, a person under the parental responsibility of the Minister or the Secretary may have been referred to as a ward of the State, a person under guardianship of the Minister or the Secretary or a person in foster care.