review of the Act

background

A statutory review of the Children and Young Person’s (Care and Protection) Act 1998 was undertaken during late 2005 and 2006 in accordance with the requirements of the legislation. The review involved a public submission process and provision of advice to the Minister developed by the Ministerial Advisory Committee. 

A report on the review was tabled in the Upper House late in 2006 and in the Lower House on 7 June 2007.

The review identified a range of issues on which there was consensus for changes to improve the legislation and a number of legislative amendments have been progressed as a result.

However, the review also highlighted issues within the legislation where there are divergent views on the nature of the change required.

discussion paper

The then Minister commissioned the development of a discussion paper canvassing options for possible reform to address some of the more complex issues identified, including in relation to issues such as: mandatory reporting,  permanency planning and the best interests of the child, exchange of information and the role of the Children’s Court.

The paper, Statutory Child Protection in NSW: Issues and Options for Reform, was released for public comment in October 2006.

The discussion paper submission process closed on 30 March 2007. Thirty-nine submissions were received from government agencies, non government bodies and private citizens. Some of these submissions are available below.

next steps

The discussion paper and the responses to it represent an important step in the consultative process.

The concerns, views and suggestions for change arising from the submission process are currently being analysed and will inform the development of advice to government on possible ways forward to improve child protection legislation and practice in NSW.

view the submissions:

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