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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 231B

Definitions

231B Definitions

(1) In this Chapter:

"child protection order" , in relation to a child or young person, means a final order made under a child welfare law or an interstate law that gives:
(a) a Minister of the Crown in right of a State, or
(b) a government department or statutory authority, or
(c) a person who is the head of a government department or statutory authority or otherwise holds an office or position in, or is employed in, a government department or statutory authority, or
(d) an organisation or the chief executive (by whatever name called) of an organisation,
responsibility in relation to the parental or care responsibility for, supervision of, or contact with, the child or young person, however that responsibility is described.

"child protection proceeding" means any proceeding brought in a court under a child welfare law for:
(a) the making of a finding that a child or young person is in need of protection or any other finding (however described) the making of which is under the child welfare law a prerequisite to the exercise by the court of a power to make a child protection order, or
(b) the making of a child protection order or an interim order or for the variation or revocation or the extension of the period of such an order.

"child welfare law" means:
(a) this Act, or
(b) a law of another State that, under an order in force under subsection (2), is declared to be a child welfare law for the purposes of this Chapter, or
(c) a law of another State that substantially corresponds to this Act.

"Children's Court" :
(a) in relation to New South Wales--means the Children's Court of New South Wales, and
(b) in relation to a State other than New South Wales--means the court with jurisdiction to hear and determine a child protection proceeding at first instance.

"home order" means a child protection order made in New South Wales.

"interim order" means:
(a) an order made under section 231N, or
(b) an equivalent order made under an interstate law.

"interstate law" means:
(a) a law of another State that, under an order in force under subsection (3), is declared to be an interstate law for the purposes of this Chapter, or
(b) a law of another State that substantially corresponds to this Chapter.

"interstate officer" , in relation to a State other than New South Wales, means:
(a) the holder of an office or position that, under an order in force under subsection (4), is declared to be an office or position the holder of which is the interstate officer in relation to that State for the purposes of this Chapter, or
(b) the person holding the office or position to which there is given by or under the child welfare law of that State principal responsibility for the protection of children and young persons in that State.

"participating State" means a State in which an interstate law is in force.

"proposed interstate order" means a home order in the form in which it is proposed to be transferred to another State.

"sending State" means the State from which a child protection order or proceeding is transferred under this Chapter or an interstate law.

"State" means:
(a) a State or a Territory of Australia, or
(b) New Zealand.

"working day" :
(a) in relation to a court, means a day on which the offices of the court are open, and
(b) in relation to the Secretary, means a day on which the principal office of the Department is open.
(2) The Governor may, by order published in the Gazette, declare a law of a State (other than New South Wales) to be a child welfare law for the purposes of this Chapter.
(3) The Governor may, by order published in the Gazette, declare a law of a State (other than New South Wales) to be an interstate law for the purposes of this Chapter.
(4) The Governor may, by order published in the Gazette, declare an office or position in a State (other than New South Wales) to be an office or position the holder of which is the interstate officer in relation to that State for the purposes of this Chapter.



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