New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the commencement of--(a) a provision of this Act, or(b) a provision amending this Act.
(2) A savings or transitional provision consequent on the commencement of a provision must not be made more than 2 years after the commencement.
(3) A savings or transitional provision made consequent on the commencement of a provision is repealed 2 years after the commencement.
(4) A savings or transitional provision made consequent on the commencement of a provision may take effect before the commencement but not before--(a) for a provision of this Act--the date of assent to this Act, or(b) for a provision amending this Act--the date of assent to the amending Act.
(5) A savings or transitional provision taking effect before its publication on the NSW legislation website does not--(a) affect the rights of a person existing before the publication in a way prejudicial to the person, or(b) impose liabilities on a person for anything done or omitted to be done before the publication.
(6) In this clause--
"person" does not include the State or an authority of the State.
(1) This clause applies to regulations made under the following Acts--(a) the Adoption Act 2000 ,(b) the Children and Young Persons (Care and Protection) Act 1998 ,(c) the Community Services (Complaints, Reviews and Monitoring) Act 1993 ,(d) the Ombudsman Act 1974 .
(2) A provision of a regulation made under an Act listed in subclause (1) continues in force despite the commencement of this Act or a regulation under this Act, as if the provision of the regulation were made under a provision of this Act, with the necessary modifications.
(3) This clause expires on 1 September 2022.
The appointment of the Children's Guardian under the Children and Young Persons (Care and Protection) Act 1998 is continued as if the appointment were made under this Act.
(1) An organisation that, immediately before the commencement, was accredited as an adoption service provider under Part 2 of Chapter 3 of the Adoption Act 2000 is taken to have been accredited under this Act for the period and subject to the conditions to which it was subject.
(2) An application for accreditation made by an organisation under Part 2 of Chapter 3 of the Adoption Act 2000 before the commencement of this Act, and not finally dealt with, is to continue to be dealt with under that Part unless the applicant elects to have the application dealt with under this Act.
The standards and other criteria, approved under section 13 of the Adoption Act 2000 , are taken to be standards and other criteria under section 113 of this Act.
Section 75 of this Act extends to things done by, or with the approval of, a principal officer under section 5A of the Children and Young Persons (Care and Protection) Act 1998 .
(1) A person who, immediately before the commencement, was an Official Community Visitor for the purposes of Part 2 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 , is taken to have been appointed as an Official Community Visitor under section 144 of this Act for the term for which the person was appointed under section 7 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 .
(2) Nothing in this clause limits any function an Official Community Visitor may have under any other Act.
(1) This clause applies to the following entities registered or otherwise authorised to arrange or provide voluntary out-of-home care in accordance with the Children and Young Persons (Care and Protection) Act 1998 (each a
"voluntary out-of-home care agency" )--(a) a designated agency,(b) a registered agency,(c) an individual authorised by a relevant agency (within the meaning of section 156 of that Act) or the Children's Guardian to provide voluntary out-of-home care.
(2) A voluntary out-of-home care agency, registered under the Children and Young Persons (Care and Protection) Act 1998 and the regulations under that Act to arrange or provide voluntary out-of-home care, is, on commencement, taken to be--(a) the equivalent type of voluntary out-of-home care agency under this Act, and(b) registered under this Act for the period and subject to the conditions to which it was subject under the Children and Young Persons (Care and Protection) Act 1998 .
(3) An application for registration as a voluntary out-of-home care agency made under the Children and Young Persons (Care and Protection) Act 1998 and the regulations under that Act is, on commencement, taken to be an application for registration as the equivalent type of voluntary out-of-home care agency registration and is to be determined in accordance with this Act.
(1) Records kept in relation to Part 3A of the Ombudsman Act 1974 are to be transferred to the Office of the Children's Guardian on commencement.
(2) A transferred record is to be treated for the purposes of a law of the State as if it were a record that the Children's Guardian had lawfully obtained in the performance of the Children's Guardian's functions.
(3) However, the provisions of the Ombudsman Act 1974 , as in force immediately before the commencement of this Schedule, continue to apply to records transferred by operation of this clause, as if they had not been transferred.
(4) This clause has effect despite section 21 of the State Records Act 1998 and section 34 of the Ombudsman Act 1974 .
(5) Nothing in this Act prevents the Ombudsman from accessing records transferred under this clause, in the way agreed to by the Children's Guardian.
(1) On commencement, an existing matter is taken to be a reportable allegation or reportable conviction made to the Children's Guardian under this Act.
(2) In this clause--
"existing matter" means an investigation, notification or disclosure in relation to a reportable allegation or reportable conviction under Part 3A of the Ombudsman Act 1974 that is not finally dealt with on commencement.
If an entity commits an offence against a provision of Part 4 of this Act, other than an offence under Division 13 or Part 11 of this Act, the entity is taken not to have committed the offence for the period starting on commencement and ending 3 months after commencement.
Division 6 of Part 8 of this Act does not apply, in relation to an annual report, until 12 months after commencement of this Act.
In this Part--
"amending Act" means the Children's Guardian Amendment Act 2022 .
"commencement day" means 1 September 2022.
"existing accreditation" means accreditation, in force immediately before
the commencement day, as--
(a) a designated agency under the Children and Young Persons (Care and Protection) Regulation 2012 , or
(b) an adoption service provider under this Act.
(1) An amendment made to this Act by the amending Act does not affect an existing accreditation and the accreditation continues in force in the same form and for the same period as if the amending Act had not commenced.
(2) Despite subclause (1)--(a) Schedule 3A, including relevant provisions, applies to an existing accreditation of a designated agency as if the accreditation had been granted under that Schedule, and(b) Schedule 3B, including relevant provisions, applies to an existing accreditation of an adoption service provider as if the accreditation had been granted under that Schedule.
(3) In this clause--
"relevant provisions" means provisions enabling the Children's Guardian to vary the conditions of accreditation or cancel or shorten the period of accreditation.
(1) The standards and criteria approved by the Minister under the Children and Young Persons (Care and Protection) Regulation 2012 , clause 48 are taken to be the accreditation criteria for designated agencies approved by the Minister under Schedule 3A, clause 2.
(2) Subclause (1) ceases to apply when the Minister approves accreditation criteria for designated agencies under Schedule 3A, clause 2.
(3) The standards and criteria approved by the Minister under this Act, section 113 are taken to be the accreditation criteria for accredited adoption service providers approved by the Minister under Schedule 3B, clause 2.
(4) Subclause (3) ceases to apply when the Minister approves accreditation criteria for accredited adoption service providers under Schedule 3B, clause 2.
The Children and Young Persons (Care and Protection) Regulation 2012 , clause 54 as in force immediately before the commencement day continues to apply to an existing accreditation of a designated agency as if that clause were a provision of this Act.
(1) An application for accreditation as a designated agency or an adoption service provider made before the commencement day, including an application for which a decision is deferred, must be dealt with as if the amending Act had not commenced.
(2) If the application is granted, it is taken to have been granted under this Act as amended by the amending Act.
(1) An application to transfer the accreditation as a designated agency or an adoption service provider must be dealt with as if the amending Act had not commenced.
(2) However, the application must be dealt with as if the amending Act had commenced if the applicant elects to have it dealt with in this way.
Time spent in specialised substitute residential care before the commencement of section 8ZA is to be taken into account for the purposes of that section.
Section 85(1C)(b) does not extend to include a person who ceased to be a residential care worker before the commencement of that paragraph.
(1) The specialised substitute residential care register in section 85(1)(c) (the
"new register" ) is taken to be a continuation of the register for organisations that provide or arrange voluntary out-of-home care (the
"former register" ) that was referred to in that paragraph before the commencement day.
(2) Information on the former register may be kept on the new register.
Section 121, as amended by the Justice Legislation Amendment (Miscellaneous) Act 2023 , extends to the person who held office as Children's Guardian immediately before the commencement of the amendment.