Expanded Jurisdiction for Child Care and Protection Laws
Children and Young Persons (Care and Protection) Amendment Bill 2024
Legislative Assembly
Legislative Council
Assent
Introduced by: The Hon Penny Sharpe MLC (ALP); The Hon Kate Washington MP (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
The Debate
What different members said when this bill was debated:
“As I was saying, above all, the Court of Appeal decision jeopardises the thorough consideration of family and kinship placements when they are located outside of New South Wales.”
Sue Higginson GRN
“The Greens also support the Children and Young Persons (Care and Protection) Amendment Bill 2024. The bill has arisen as a result of the decision by the NSW Court of Appeal that the Children’s Court has no jurisdiction to make or vary orders for children and young people not ordinarily living or present in New South Wales at the time the orders are made.”
Cameron Murphy ALP
“I speak in support of the Children and Young Persons (Care and Protection) Amendment Bill 2024. The bill amends the Children and Young Persons (Care and Protection) Act 1998—the care Act—to clarify the operation of the Act for children and young people living outside of New South Wales. The bill makes a couple of key changes.”
Anthony D'Adam ALP
“The Children and Young Persons (Care and Protection) Amendment Bill 2024 amends the Children and Young Persons (Care and Protection) Act 1998 to provide that the Act is intended to have extraterritorial application, including in relation to children and young persons who do not ordinarily live or are not present in New South Wales, if there is a sufficient connection to the State.”
News articles and press releases
Children and Young Persons (Care and Protection) Amendment Bill 2024
Ms KATE WASHINGTON, Minister for Families and Communities — 2024-03-13
The bill amends the Children and Young Persons (Care and Protection) Act 1998 to clarify the operation of that Act in relation to children and young people who are not present or ordinarily living in New South Wales. The bill signals a clear legislative intention that the functions under the Children and Young Persons (Care and Protection) Act are intended to apply extraterritorially to such children and young people, insofar as the law‑making power of New South Wales allows, provided they have a sufficient connection to New South Wales.