New South Wales Consolidated Acts

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CHILDREN'S GUARDIAN ACT 2019 - SECT 143

Definitions

143 Definitions

In this Part--

"child in care" means a child under the age of 18 years--

(a) under the parental responsibility of the Minister administering the Children and Young Persons (Care and Protection) Act 1998 , or
(b) for whom the Secretary or a designated agency has responsibility due to the operation of section 49 of the Children and Young Persons (Care and Protection) Act 1998 , or
(c) who is a protected person under section 135A(3) of the Children and Young Persons (Care and Protection) Act 1998 , or
(d) who is the subject of an out-of-home care arrangement under this Act or under the Children and Young Persons (Care and Protection) Act 1998 , or
(d1) who is the subject of an arrangement for specialised substitute residential care, or
(e) who is the subject of a sole parental responsibility order made under section 149 of the Children and Young Persons (Care and Protection) Act 1998 , as in force immediately before its repeal by the Child Protection Legislation Amendment Act 2014 , or
(f) who is otherwise in the care of a service provider.

"service" includes a statutory or other function, and
"providing" a service includes exercising such a function.

"service provider" means--
(a) the Department, or
(b) an implementation company under the National Disability Insurance Scheme (NSW Enabling) Act 2013 while the company is a public sector agency of the State under that Act, or
(c) the Minister, or
(d) an authorised carer or designated agency, or
(e) a person or organisation funded, authorised or licensed by the Children's Guardian or the Minister to provide a service, or
(f) a person or organisation prescribed by the regulations.

"visitable service" means--
(a) an accommodation service where a child in care using the service is in the full-time care of the service provider, or
(b) a service prescribed by the regulations as a visitable service.



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