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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 264

Regulations

264 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1A) In particular, the regulations may make provision for or with respect to the following:
(a) defining the meanings of the words "related" and "relative" where used in this Act or in a specified provision of this Act,
(b) specifying persons, or classes of persons, as being persons to whom section 27 (Mandatory reporting) applies or does not apply,
(c) regulating or prohibiting the use or availability of evidence given or produced during the course of alternative dispute resolution under section 37, dispute resolution conferences under section 65 or alternative dispute resolution under section 65A or 114,
(d) specifying matters that may or may not be taken into consideration by the Children's Court in determining whether there has been significant change in any relevant circumstances within the meaning of section 90 (2) (Rescission and variation of care orders),
(e) the requirements and form of an alternative parenting plan under section 115,
(f) regulating or prohibiting conduct of authorised carers,
(g) prescribing a code of conduct for authorised carers,
(h) regulating the application of section 168 (Access to personal information),
(i) providing for an administrative review by the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 of a decision of, or the failure or refusal to make a decision by, the Children's Guardian,
(j) the appointment of principal officers and other officers by designated agencies and registered agencies and the licensing of those principal officers,
(k) the register under section 181 (1) (d), including the information that is to be included on the register, the circumstances in which persons are required to enter information on the register, access to, and disclosure of, information on the register and any requirements for consultation with the Ombudsman in relation to the register or information held on the register,
(l) the disclosure of information under the arrangements referred to in section 254A, including any procedures or requirements in relation to that disclosure and any requirements on any organisation to which the information is disclosed.
(1B) The Minister is not to recommend the making of a regulation containing provisions for the purposes of subsection (1A) (i) unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions.
(2) A regulation may create an offence punishable by a penalty not exceeding 10 penalty units.
(3) The regulations may apply, adopt or incorporate, wholly or in part and with or without modifications, any standard, rule, code, specification or other document prescribed or published by any person or body (whether of New South Wales or elsewhere) and as in force at a particular time or from time to time.



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