New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 140

Supervisory responsibility of designated agency

140 Supervisory responsibility of designated agency

The designated agency that places a child or young person in the out-of-home care of an authorised carer has a responsibility to supervise the placement.

Before a placement is found for a child or young person, parental responsibility will lie formally with the Minister by virtue of an order of the Children's Court. The designated agency is responsible for finding a placement and supervising it, and necessarily will exercise certain functions delegated to it. These functions could include the following:
(a) the power to place a child or young person with an authorised carer or in a residential unit,
(b) the power to make decisions on matters relating to the safety, welfare and well-being of a child or young person that are not encompassed in the care responsibility,
(c) the power to control the exercise of the care responsibility by giving directions to authorised carers,
(d) the duty to supervise the placement and to ensure that the safety, welfare and well-being of the child or young person is being protected and promoted.
These would encompass the powers and responsibilities of the designated agency. Certain powers would only be able to be exercised by the Minister or the Children's Guardian by delegation. These are the residual powers of guardianship. They would include the following:
(a) the power to authorise the removal of a child or young person from the jurisdiction,
(b) the power to apply for a passport,
(c) the power to consent, or to decline to consent, to certain kinds of specified medical intervention,
(d) the power to consent to the marriage of a young person.



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