New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 154

Restriction on who may provide supported out-of-home care

154 Restriction on who may provide supported out-of-home care

(1) Supported out-of-home care may be provided in respect of a child or young person only by the Secretary or an authorised carer.
(2) If a person, other than the Secretary or an authorised carer, provides out-of-home care in respect of a child or young person:
(a) the child or young person is, for the purposes of Parts 2 and 3 of Chapter 3, taken to be at risk of significant harm, and
(b) the Secretary may direct the person, by notice in writing, to cease providing the out-of-home care within the time specified in the notice.
(3) A person who fails to comply with a notice given to the person under subsection (2) (b) is guilty of an offence.
Maximum penalty: 200 penalty units.
Note : An offence against subsection (3) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation--see section 258.



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