New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 261

Procedural matters

261 Procedural matters

(1) In the absence of proof to the contrary, the authority of the Minister or the Secretary to exercise any function conferred or imposed on the Minister or the Secretary by or under this Act, or to take any proceedings for the purposes of this Act, is to be presumed.
(2) An averment in any complaint or information made or laid under this Act:
(a) that any instrument, purporting to have been made under this Act and specified in the averment, was or was not, at a time or during a period so specified, in force under this Act and was or was not made, granted or issued subject to conditions so specified, or
(b) that a person has been appointed, authorised or directed by, or is a delegate of, the Minister or the Secretary for the purposes of this Act or the regulations, as stated in the averment, or
(c) that a person was, on a date specified in the averment, a child or young person under the parental responsibility of the Minister,
is prima facie evidence of the facts averred.



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