{"id":"nsw:sl-2000-0698","name":"Children and Young Persons (Savings and Transitional) Regulation 2000","slug":"children-and-young-persons-savings-and-transitional-regulation-2000","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"698 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179019,"registerId":"nsw-nsw:sl-2000-0698-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Children and Young Persons (Savings and Transitional) Regulation 2000](/view/html/inforce/current/sl-2000-0698).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 18 December 2000.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation:\n> \n> accreditation criteria has the same meaning as it has in the principal Regulation.\n> \n> the new Act means the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).\n> \n> the old Act means the [Children (Care and Protection) Act 1987](/view/html/repealed/current/act-1987-054).\n> \n> the principal Regulation means the [Children and Young Persons (Care and Protection) Regulation 2000](/view/html/repealed/current/sl-2000-0697).\n> \n> transitional designated agency means a designated agency accredited by force of clause 22A or 22AA.\n> \n> **cl 3:** Am 2008 (471), Sch 1 \\[1\\]; 2011 (46), Sch 2 \\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"#### 4 Notes\n\n4 Notes\n\n> The explanatory note and table of contents do not form part of this Regulation.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"General provisions","content":"# Part 2 General provisions\n\nPart 2 General provisions","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"General savings","content":"#### 5 General savings\n\n5 General savings\n\n> Except as otherwise provided by this Regulation, nothing in this Regulation affects the application of section 30 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Aboriginals and Torres Strait Islanders","content":"#### 6 Aboriginals and Torres Strait Islanders\n\n6 Aboriginals and Torres Strait Islanders\n\n> If any thing was commenced to be done or omitted under a provision of the old Act but not completed before the repeal of the provision in relation to a child or young person who was not an Aboriginal or Torres Strait Islander under the old Act but who is an Aboriginal or Torres Strait Islander under the new Act, the thing is to be completed:\n> \n> > (a) under the old Act (except as provided by paragraph (b)), as if the child or young person is an Aboriginal or Torres Strait Islander, and\n> \n> > (b) in accordance with the Aboriginal and Torres Strait Islander principles in Part 2 of Chapter 2 of the new Act.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Temporary care arrangements","content":"#### 7 Temporary care arrangements\n\n7 Temporary care arrangements\n\n> > (1) A temporary care arrangement in force under section 14 of the old Act immediately before the repeal of that section is taken to be a temporary care arrangement under section 151 of the new Act and continues for the remainder of the period for which the arrangement was made or renewed.\n> \n> > (2) An application for the review of a temporary care arrangement under section 14 (9) of the old Act that has not been determined before the repeal of that provision is taken to be an application for the review of a temporary care arrangement under section 152 (6) of the new Act.\n> \n> > (3) A child or young person who, immediately before the repeal of section 16 of the old Act, was in the custody of the Director-General pursuant to that section is taken to be a child or young person of whom the Director-General has the care responsibility pursuant to section 154 of the new Act.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Custody","content":"#### 8 Custody\n\n8 Custody\n\n> A person who had the custody of a child or young person in accordance with an order made under section 72 (1) (c) (ii) of the old Act immediately before the repeal of the provision is taken to have those aspects of parental responsibility that are referred to in:\n> \n> > (a) section 79 (2) (a) of the new Act, and\n> \n> > (b) section 157 of the new Act.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Wards","content":"#### 9 Wards\n\n9 Wards\n\n> A child or young person who was a ward or a protected person under a provision of the old Act immediately before the repeal of the provision is taken to be a child or young person under the parental responsibility of the Minister.\n> \n> **cl 9:** Am 2003 (468), Sch 1 \\[1\\].","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Notification of child abuse","content":"#### 10 Notification of child abuse\n\n10 Notification of child abuse\n\n> > (1) Despite its repeal, section 22 of the old Act continues to apply so as to enable a notification to be made to the Director-General that a child or young person was abused before the repeal of that section.\n> \n> > (2) A notification under section 22 of the old Act that has not been dealt with before the repeal of that section, or that is made as referred to in subclause (1), is taken to be:\n> > \n> > > (a) except as provided by paragraph (b), a report under section 24 of the new Act, or\n> > \n> > > (b) if the report has been made by a person to whom section 27 (1) of the new Act applies, a report under section 27 of the new Act,\n> > \n> > and is to be treated in all respects accordingly under the new Act.\n> \n> > (3) An investigation under section 22 (7) of the old Act that has not been completed before the repeal of that subsection is taken to be an investigation under section 30 of the new Act, and is to be treated in all respects accordingly under the new Act.\n> \n> > (4) Section 29 of the new Act applies to a notification under section 22 of the old Act that has been dealt with before the repeal of section 22 of the old Act.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Medical examination of abused children","content":"#### 11 Medical examination of abused children\n\n11 Medical examination of abused children\n\n> A notice served under section 23 (1) of the old Act, a requirement of which has not been complied with before the repeal of that provision, is taken, but only for the purpose of enabling the medical examination of the child or young person to whom the notice relates, to be a notice served under section 173 (1) of the new Act.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Care responsibility for children and young persons","content":"#### 12 Care responsibility for children and young persons\n\n12 Care responsibility for children and young persons\n\n> If a person had the care of a child or young person under a provision of the old Act immediately before its repeal, the person is taken to have the care and protection of the child or young person under, and for the purposes of, the new Act.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Provision of care by the Director-General","content":"#### 13 Provision of care by the Director-General\n\n13 Provision of care by the Director-General\n\n> A child or young person to whom section 12A, 62 (1) or 62A (1) of the old Act applied immediately before its repeal is taken to be a child or young person under the care responsibility of the Director-General for the purposes of the new Act.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Ordinary medical and dental treatment","content":"#### 14 Ordinary medical and dental treatment\n\n14 Ordinary medical and dental treatment\n\n> Treatment that could have been, but was not, given to a child under section 20 of the old Act pursuant to a consent granted in accordance with that section at any time before its repeal may be given to the child as if that section had not been repealed.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Special medical treatment","content":"#### 15 Special medical treatment\n\n15 Special medical treatment\n\n> Treatment that could have been, but was not, given to a child under section 20B of the old Act pursuant to a consent granted in accordance with that section by the Supreme Court at any time before the repeal of that section may be given to the child as if that section had not been repealed.","sortOrder":16},{"sectionNumber":"Part 3","sectionType":"part","heading":"Children’s Court proceedings","content":"# Part 3 Children’s Court proceedings\n\nPart 3 Children’s Court proceedings","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Existing proceedings","content":"#### 16 Existing proceedings\n\n16 Existing proceedings\n\n> If proceedings under the old Act in the Children’s Court or the District Court have been commenced but not completed before the repeal of Division 4 of Part 5 of the old Act, the proceedings are to be continued and completed under the old Act in all respects as if the old Act (or any relevant provision of the old Act) had not been repealed.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Orders, requirements and directions of the Children’s Court, and undertakings, under the old Act","content":"#### 17 Orders, requirements and directions of the Children’s Court, and undertakings, under the old Act\n\n17 Orders, requirements and directions of the Children’s Court, and undertakings, under the old Act\n\n> An order, requirement or direction of the Children’s Court under a provision of the old Act, or an undertaking given in accordance with a provision of the old Act, that was in force immediately before the repeal of the provision is not affected by the repeal of the provision but continues in force according to its terms, except to such extent (if any) as may be provided by this Regulation.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Right of appeal to District Court","content":"#### 18 Right of appeal to District Court\n\n18 Right of appeal to District Court\n\n> Section 81 of the old Act continues to apply to an order of the Children’s Court:\n> \n> > (a) made before the repeal of that section, or\n> \n> > (b) made as referred to in clause 17,\n> \n> as if section 81 of the old Act had not been repealed.","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Orders for supervision under sec 72 (1) (c) (i) of the old Act","content":"#### 19 Orders for supervision under sec 72 (1) (c) (i) of the old Act\n\n19 Orders for supervision under sec 72 (1) (c) (i) of the old Act\n\n> An order in force under section 72 (1) (c) (i) of the old Act immediately before the repeal of that provision is taken:\n> \n> > (a) to be an order in force under section 76 of the new Act, and\n> \n> > (b) to be in force for:\n> > \n> > > (i) the unexpired balance of the period (if any) for which the order was expressed to be in force, or\n> > \n> > > (ii) 12 months from the commencement of section 76 of the new Act,\n> > \n> > whichever is the lesser.","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Enforcement of undertakings","content":"#### 20 Enforcement of undertakings\n\n20 Enforcement of undertakings\n\n> A failure or breach in relation to any matter to which a provision of section 79 or 84 of the old Act applied immediately before the repeal of the provision may be dealt with under section 73 (5) of the new Act, whether the failure or breach occurred before or after the repeal of the provision.","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Rescission and variation of orders","content":"#### 21 Rescission and variation of orders\n\n21 Rescission and variation of orders\n\n> An order of the Children’s Court made under a provision of the old Act that was in force immediately before the repeal of the provision may be rescinded or varied under section 90 of the new Act as if it were a care order.","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Application of old Act to orders under new Act","content":"#### 22 Application of old Act to orders under new Act\n\n22 Application of old Act to orders under new Act\n\n> > (1) For the purposes of the application of the provisions of the old Act that are not repealed on or before the commencement of this Regulation to orders that are made under the new Act after that commencement, an order under a provision of the new Act specified in Column 1 of the following Table is taken to be an order under the provision of the old Act (if any) specified opposite in Column 2 of the Table.\n> > \n> > | Column 1 | Column 2 |\n> > | Children and Young Persons (Care and Protection) Act 1998 | Children (Care and Protection) Act 1987 |\n> > | Section | Order | Section | Order |\n> > | 38 (3) | Order (by consent) allocating parental responsibility to the Minister | 72 (1) (c) (iii) | Order by declaring a child to be a ward |\n> > | 38 (3) | Order (by consent) allocating parental responsibility from one parent to the exclusion of the other | 72 (1) (c) (ii) | Order granting custody to one parent only |\n> > | 38 (3) | Order (by consent) allocating parental responsibility to one or both parents and a third party | 72 (1) (c) (ii) | Order granting custody to parents and a third party jointly |\n> > | 38 (3) | Order (by consent) allocating parental responsibility to another suitable person | 72 (1) (c) (ii) | Order placing a child in the custody of a person |\n> > | 46 | Emergency care and protection order | 77 | Order for care of children during adjournments |\n> > | 48 | Order for the removal of a child or young person from premises or place specified in the order | 59 | Order for the removal of a child from premises specified in the order |\n> > | 49 (2) | Order vesting care responsibility in designated agency pending care proceedings | 77 | Order for care of children during adjournments |\n> > | 53 | Examination and assessment orders |  | No equivalent order |\n> > | 69 | Interim care orders | 77 | Order for the care of children during adjournments |\n> > | 70 | Interim care orders | 77 | Order for the care of children during adjournments |\n> > | 73 | Order with undertakings given by person having parental responsibility | 72 (1) (b) (i) | Order with undertakings given by person responsible |\n> > | 73 | Order with undertakings given by child or young person | 72 (1) (b) (ii) | Order with undertakings given by child |\n> > | 73 | Order with undertakings given by person having parental responsibility and child or young person | 72 (1) (b) (iii) | Order with undertakings given by person responsible and child |\n> > | 74 | Consent order directing a person or organisation to provide support services |  | No equivalent order |\n> > | 75 | Order for child or young person to attend a therapeutic or treatment program |  | No equivalent order |\n> > | 76 | Order placing a child or young person under the Director-General’s supervision (not to exceed 12 months, but may be extended at a later date) | 72 (1) (c) (i) | Order placing a child under the supervision of an officer |\n> > | 79 (1) (a) (i) | Order allocating parental responsibility to one parent to the exclusion of the other | 72 (1) (c) (ii) | Order granting custody to one parent only |\n> > | 79 (1) (a) (ii) | Order allocating parental responsibility to one or both parents and a third party | 72 (1) (c) (ii) | Order granting custody to parents and a third party jointly |\n> > | 79 (1) (a) (iii) | Order allocating parental responsibility to another suitable person | 72 (1) (c) (ii) | Order placing a child in the custody of a person |\n> > | 79 (1) (b) | Order allocating parental responsibility to the Minister | 72 (1) (c) (iii) | Order declaring a child to be ward |\n> > | 86 | Contact order |  | No equivalent order |\n> > | 90 | Rescission and variation of care orders | 75 | Order rescinding or varying a care order |\n> > | 118 (1) | Order (by consent) giving effect to an alternative parenting plan allocating parental responsibility to another person, other than the Minister | 72 (1) (c) (ii) | Order placing a child in the custody of a person |\n> > | 118 (1) | Order (by consent) giving effect to an alternative parenting plan allocating parental responsibility to the Minister | 72 (1) (c) (iii) | Order declaring a child to be a ward |\n> > | 119 | Registration of an alternative parenting plan involving allocation of parental responsibility to a person other than the Minister | 72 (1) (c) (ii) | Order placing a child in the custody of a person |\n> > | 119 | Registration of an alternative parenting plan allocating parental responsibility to the Minister | 72 (1) (c) (iii) | Order declaring a child to be a ward |\n> > | 124 | Compulsory assistance order (not yet commenced) |  | No equivalent order |\n> > | 131 | Orders associated with a compulsory assistance order (not yet commenced) |  | No equivalent order |\n> > | 176 (6) | Order that a child or young person be subject to a special medical examination without consent (not yet commenced) | 21 (6) | Order that a child be subject to a special medical examination without consent |\n> \n> > (2) An order made by the Children’s Court under section 79 (1) (a) (ii) or (iii) of the new Act is taken to include an order under section 72 (1) (c) (i) of the old Act.\n> \n> > (3) Section 19 of the old Act applies to a child or young person in respect of whom:\n> > \n> > > (a) an order is made under the new Act that places the child or young person in the care of another person, or\n> > \n> > > (b) a temporary care arrangement is made under section 151 of the new Act.\n> \n> > (4) A child or young person for whom the Minister acquires parental responsibility under the new Act is taken to be a ward for the purposes of the application, in accordance with this clause, of the provisions of the old Act to the child or young person.","sortOrder":24},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Out-of-home care","content":"# Part 3A Out-of-home care\n\nPart 3A Out-of-home care\n\n**pt 3A:** Ins 2003 (468), Sch 1 \\[2\\].","sortOrder":25},{"sectionNumber":"Division 1","sectionType":"division","heading":"General","content":"## Division 1 General\n\nDivision 1 General\n\n**pt 3A, div 1:** Ins 2003 (468), Sch 1 \\[2\\].","sortOrder":26},{"sectionNumber":"22A","sectionType":"section","heading":"Interim accreditation as designated agency","content":"#### 22A Interim accreditation as designated agency\n\n22A Interim accreditation as designated agency\n\n> > (1) This clause applies to the following bodies or organisations that, immediately before 15 July 2003, were providing out-of-home care to a child or young person, or arranging for the provision of such care:\n> > \n> > > (a) a government department,\n> > \n> > > (b) a residential child care centre licensed under the old Act,\n> > \n> > > (c) a residential child care centre referred to in clause 34 of the [Children (Care and Protection) Regulation 1996](/view/html/repealed/current/sl-1996-0401) (being a centre funded through the Department’s Substitute Care Program),\n> > \n> > > (d) an authorised private fostering agency authorised under the old Act,\n> > \n> > > (e) a private fostering agency funded through the Department’s Substitute Care Program,\n> > \n> > > (f) any other body or organisation funded through the Department or the Department of Ageing, Disability and Home Care to provide the out-of-home care.\n> \n> > (2) For the purposes of the new Act, a body or organisation to which this clause applies is taken to be accredited as a designated agency under the new Act, this Regulation and the principal Regulation during the transition period of the body or organisation, but only in respect of the kind of out-of-home care it was providing immediately before 15 July 2003.\n> \n> > (3) The transition period of a body or organisation to which this clause applies is the period that began on 15 July 2003 and that ends:\n> > \n> > > (a) if the body or organisation has made an application for accreditation—when the decision on the application takes effect, or\n> > \n> > > (b) if the body or organisation has made an application for accreditation and the application is withdrawn—when the application is withdrawn, or\n> > \n> > > (c) if the body or organisation’s accreditation is cancelled—when the cancellation takes effect, or\n> > \n> > > (d) on 14 July 2013,\n> > \n> > whichever occurs first.\n> \n> > (4) For the avoidance of doubt, if a branch or part of a body or organisation to which this clause applies makes an application for accreditation, the decision to accredit or not to accredit the branch or part does not terminate the accreditation under this clause of the body or organisation.\n> \n> > (5) The principal Regulation does not apply to a transitional designated agency accredited under this clause, except as provided by this Division.\n> \n> > (6) This clause ceases to have effect on 14 July 2013.\n> \n> **cl 22A:** Ins 2003 (468), Sch 1 \\[2\\]. Am 2005 (13), Sch 2; 2008 (471), Sch 1 \\[2\\]; 2011 (46), Sch 2 \\[2\\]; 2013 (376), Sch 1 \\[1\\].","sortOrder":27},{"sectionNumber":"22AA","sectionType":"section","heading":"Interim accreditation as designated agency of Community Services branch","content":"#### 22AA Interim accreditation as designated agency of Community Services branch\n\n22AA Interim accreditation as designated agency of Community Services branch\n\n> > (1) The branch or part of the Department of Family and Community Services known as Community Services is taken to be accredited as a designated agency under the new Act and the regulations made under that Act.\n> \n> > (2) Accreditation of Community Services under this clause ceases to have effect on the following date:\n> > \n> > > (a) 31 July 2015,\n> > \n> > > (b) if a later date is determined by the Children’s Guardian by order published on the NSW legislation website—that date.\n> \n> > (2A) However, accreditation of Community Services under this clause ceases to have effect before that date if any of the following occurs:\n> > \n> > > (a) the decision on the application for accreditation by Community Services takes effect,\n> > \n> > > (b) the application for accreditation by Community Services is withdrawn,\n> > \n> > > (c) the accreditation of Community Services under this clause is cancelled.\n> \n> > (2B) The Children’s Guardian may make an order under this clause in relation to the date on which accreditation under this clause ceases to have effect only if the Children’s Guardian is of the opinion that, as a result of changes or proposed changes to the administration of out-of-home care under the new Act, it is appropriate for the accreditation to continue in effect until that date.\n> > \n> > Note—\n> > \n> > This is in line with the power of the Children’s Guardian under clause 64 of the [Children and Young Persons (Care and Protection) Regulation 2012](/view/html/repealed/current/sl-2012-0425) to extend the period of an accreditation if of the opinion that changes or proposed changes to the administration of out-of-home care under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) make the extension appropriate.\n> \n> > (3) For the avoidance of doubt, if a branch or part of Community Services makes an application for accreditation, the decision to accredit or not to accredit the branch or part does not terminate the accreditation under this clause of Community Services.\n> \n> > (4) (Repealed)\n> \n> **cl 22AA:** Ins 2011 (46), Sch 2 \\[3\\]. Am 2013 (376), Sch 1 \\[2\\]–\\[6\\].","sortOrder":28},{"sectionNumber":"22B","sectionType":"section","heading":"Requirements for progressive achievement by Community Services","content":"#### 22B Requirements for progressive achievement by Community Services\n\n22B Requirements for progressive achievement by Community Services\n\n> > (1) The object of this clause is to enable Community Services to progressively satisfy the accreditation criteria that apply to it, and be accredited, under Division 4 of Part 6 of the Children and Young Persons (Care and Protection) Regulation 2012.\n> \n> > (2) Community Services must meet the minimum standards or other criteria determined by the Minister, from time to time, on the recommendation of the Children’s Guardian, for Community Services by the dates determined by the Children’s Guardian.\n> \n> > (3) The Children’s Guardian is to keep the dates determined by it under review and may change any date from time to time by notice to Community Services. The Children’s Guardian cannot determine an earlier date without the consent of Community Services.\n> \n> > (4) The Children’s Guardian may require Community Services to furnish to the Children’s Guardian such further information as the Children’s Guardian may reasonably require in order to assess whether Community Services has complied with subclause (2).\n> \n> > (5), (6) (Repealed)\n> \n> > (7) The Children’s Guardian must report to the Minister any failure by Community Services to comply with subclause (2).\n> \n> > (8) The principal Regulation does not apply to Community Services, except as provided by this Division.\n> \n> > (9) (Repealed)\n> \n> **cl 22B:** Ins 2003 (468), Sch 1 \\[2\\]. Subst 2008 (471), Sch 1 \\[3\\]. Am 2011 (46), Sch 2 \\[4\\]; 2013 (376), Sch 1 \\[7\\]–\\[13\\].","sortOrder":29},{"sectionNumber":"22C","sectionType":"section","heading":"Application of principal Regulation to applications by transitional designated agency for accreditation","content":"#### 22C Application of principal Regulation to applications by transitional designated agency for accreditation\n\n22C Application of principal Regulation to applications by transitional designated agency for accreditation\n\n> > (1) This clause applies to a transitional designated agency that made, before 14 July 2005, an application under this Regulation to the Children’s Guardian for accreditation as a designated agency and the application has not been determined or withdrawn.\n> \n> > (2) Any such application by a transitional designated agency is to be dealt with in accordance with the principal Regulation, except as provided by this clause.\n> \n> > (3) A transitional designated agency may withdraw its application for accreditation at any time.\n> \n> > (4) A body or agency that applied to the Children’s Guardian for voluntary accreditation between 1 July 2002 and 14 July 2003 by completing an “Application for Accreditation” form issued by the Children’s Guardian is taken to have applied for accreditation as a designated agency.\n> \n> > (5) An application by an agency referred to in subclause (1) or (3) is taken to be an application for accreditation under the principal Regulation, made in accordance with that Regulation, and clause 35 of that Regulation does not apply to any such application.\n> \n> > (6) An application for accreditation by a transitional designated agency may not be:\n> > \n> > > (a) taken over under clause 35A of the principal Regulation, or\n> > \n> > > (b) deferred under clause 35B of that Regulation.\n> \n> > (7) If the Children’s Guardian is satisfied that a transitional designated agency’s application for accreditation should not have been refused, the Children’s Guardian may reinstate the application and the application is taken to have continued in existence as if it had not been refused and the agency is taken to have continued to be a transitional designated agency.\n> \n> > (8) Clause 36C (Children’s Guardian may set aside decision not to accredit) of the principal Regulation does not apply to an application by a transitional designated agency for accreditation.\n> \n> **cl 22C:** Ins 2003 (468), Sch 1 \\[2\\]. Subst 2008 (471), Sch 1 \\[3\\].","sortOrder":30},{"sectionNumber":"22CA","sectionType":"section","heading":"Application of principal Regulation to transfer of accreditations of transitional designated agencies","content":"#### 22CA Application of principal Regulation to transfer of accreditations of transitional designated agencies\n\n22CA Application of principal Regulation to transfer of accreditations of transitional designated agencies\n\n> > (1) An accreditation of a transitional designated agency under clause 22A or 22AA may be transferred in accordance with the provisions of the principal Regulation.\n> \n> > (2) If the accreditation of a transitional designated agency is transferred in accordance with clause 37B of the principal Regulation:\n> > \n> > > (a) the transferee is taken to be a transitional designated agency, and\n> > \n> > > (b) the transition period that applied to the transferor applies to the transferee.\n> \n> **cll 22CA:** Ins 2008 (471), Sch 1 \\[3\\]. Am 2011 (46), Sch 2 \\[4\\].","sortOrder":31},{"sectionNumber":"22CB","sectionType":"section","heading":"Conditions on accreditation of transitional designated agencies","content":"#### 22CB Conditions on accreditation of transitional designated agencies\n\n22CB Conditions on accreditation of transitional designated agencies\n\n> > (1) The Children’s Guardian may impose conditions on an accreditation of a transitional designated agency under clause 22A or 22AA in accordance with the principal Regulation, except as provided by this clause.\n> \n> > (2) A condition may be imposed under clause 39 (2) of the principal Regulation on the accreditation of a transitional designated agency only if:\n> > \n> > > (a) the Children’s Guardian has, on reasonable grounds, a concern that an act or omission of the transitional designated agency (including, but not limited to, an act or omission of its principal officer) may adversely affect the safety, welfare or well-being of a child or young person or class of children or young persons, and\n> > \n> > > (b) the Children’s Guardian has, given a notice in accordance with subclause (3) to the transitional designated agency, and\n> > \n> > > (c) the transitional designated agency has not addressed the concern specified in that notice within the period specified under subclause (3) (c), and\n> > \n> > > (d) having considered any notification given by the transitional designated agency as referred to in subclause (3) (d), the Children’s Guardian is of the opinion that imposition of a condition is appropriate.\n> \n> > (3) The notice is to be in writing and must contain the following matters:\n> > \n> > > (a) particulars of the concern that the Children’s Guardian has,\n> > \n> > > (b) a request that the transitional designated agency address the concern by the date specified in the notice (being at least 28 days from the date on which the notice was given),\n> > \n> > > (c) notice that a specified condition may be imposed on the transitional designated agency’s accreditation if the agency does not address the concern before the date specified in the notice,\n> > \n> > > (d) notice that the transitional designated agency may, no later than 28 days from the date on which the notice was given, notify the Children’s Guardian in writing that:\n> > > \n> > > > (i) the agency believes that there is no reasonable grounds for the Children’s Guardian’s concern, or\n> > > \n> > > > (ii) that the period specified under paragraph (b) does not give the agency a reasonable time to address the concern, or\n> > > \n> > > > (iii) that the condition proposed pursuant to the notice is unreasonable and set out the grounds for this belief.\n> \n> > (4) Any condition imposed under clause 39 (2) of the principal Regulation on the accreditation of a transitional designated agency must be in substantially the same terms as the condition proposed under subclause (3) (c).\n> \n> > (5) A condition may not be imposed under clause 39 (3) of the principal Regulation on the accreditation of a transitional designated agency.\n> \n> > (6) Subclauses (2)–(4) do not apply to the imposition under clause 39 (2) of the principal Regulation of a condition that relates solely to the provision, arrangement or supervision of voluntary out-of-home care.\n> \n> > (7) A condition imposed on the accreditation of the Department of Community Services or the Department of Ageing, Disability and Home Care in accordance with this clause and in force immediately before the abolition of those departments is taken to be a condition imposed in accordance with this clause on the accreditation under clause 22AA of Community Services or Ageing, Disability and Home Care (as the case may be).\n> \n> **cl 22CB:** Ins 2008 (471), Sch 1 \\[3\\]. Am 2011 (46), Sch 2 \\[4\\] \\[5\\].","sortOrder":32},{"sectionNumber":"22CD","sectionType":"section","heading":"Action against accreditation of transitional designated agency","content":"#### 22CD Action against accreditation of transitional designated agency\n\n22CD Action against accreditation of transitional designated agency\n\n> > (1) The Children’s Guardian may take action under clause 40 of the principal Regulation in relation to an accreditation of a transitional designated agency under clause 22A or 22AA, except as provided by this clause.\n> \n> > (2) The Children’s Guardian may not suspend or cancel the accreditation of a transitional designated agency on the grounds set out in clause 40 (2) (f) or (g) of the principal Regulation.\n> \n> > (3) If the accreditation of a transitional designated agency is suspended, the transition period for the agency is not extended by the suspension.\n> \n> > (4) The accreditation of a transitional designated agency may not be shortened under clause 40 of the principal Regulation.\n> \n> **cl 22CD:** Ins 2008 (471), Sch 1 \\[3\\]. Am 2011 (46), Sch 2 \\[4\\].","sortOrder":33},{"sectionNumber":"22D","sectionType":"section","heading":"Deemed authorisation as authorised carer authorised by designated agency","content":"#### 22D Deemed authorisation as authorised carer authorised by designated agency\n\n22D Deemed authorisation as authorised carer authorised by designated agency\n\n> > (1) This clause applies to the following persons:\n> > \n> > > (a) a person in whose care a child or young person was placed by an authorised private fostering agency under the old Act and who, immediately before the commencement of this clause, had the care of that child or young person,\n> > \n> > > (b) a person in whose care a child or young person was placed by a private fostering agency funded through the Department’s Substitute Care Program under the old Act and who, immediately before the commencement of this clause, had the care of that child or young person,\n> > \n> > > (c) a person who, immediately before the commencement of this clause, cared for a child or young person at a licensed residential child care centre under the old Act,\n> > \n> > > (d) a person in whose care a child or young person was placed by, or with the written approval of, the Minister or the Director-General under the old Act and who, immediately before the commencement, had the care of that child or young person,\n> > \n> > > (e) a person in whose custody a ward or protected person was placed by the Minister under section 91 (1) (d) or (f) of the old Act and who, immediately before the commencement of this clause, had the custody of that ward or protected person.\n> \n> > (2) A person to whom this clause applies is taken to be an authorised carer authorised by a designated agency under section 137 (1) (b) of the new Act.\n> \n> > (3) The designated agency that is taken to have authorised the person as an authorised carer is:\n> > \n> > > (a) in the case of a person referred to in subclause (1) (a) or (b)—the private fostering agency who placed the child or young person in the care of the person, or\n> > \n> > > (b) in the case of a person referred to in subclause (1) (c)—the licensed residential child care centre, or\n> > \n> > > (c) in the case of a person referred to in subclause (1) (d) or (e)—the Department.\n> \n> > (4) In this clause, ward and protected person have the same meanings as in the old Act.\n> \n> **cll 22D–22H:** Ins 2003 (468), Sch 1 \\[2\\].","sortOrder":34},{"sectionNumber":"22E","sectionType":"section","heading":"Interim authorisation as authorised carer for holder of fostering authority","content":"#### 22E Interim authorisation as authorised carer for holder of fostering authority\n\n22E Interim authorisation as authorised carer for holder of fostering authority\n\n> > (1) This clause applies to a person who, immediately before the commencement of this clause, held a fostering authority under section 43 of the old Act.\n> \n> > (2) A person to whom this clause applies is taken to be an authorised carer authorised by a designated agency under section 137 (1) (b) of the new Act.\n> \n> > (3) However, if the fostering authority held by the person specified the child or young person to whom it applied, the person is taken to be an authorised carer only in relation to that child or young person, and the person ceases to be an authorised carer in relation to that child or young person:\n> > \n> > > (a) when the child or young person leaves the care of that person, or\n> > \n> > > (b) 2 years after the commencement of this clause, or\n> > \n> > > (c) when the child or young person reaches 18 years of age,\n> > \n> > whichever is the sooner.\n> \n> > (4) The Department is taken to be the designated agency that authorised the person as an authorised carer.\n> \n> **cll 22D–22H:** Ins 2003 (468), Sch 1 \\[2\\].","sortOrder":35},{"sectionNumber":"22F","sectionType":"section","heading":"Child or young person in out-of-home care under order of Children’s Court","content":"#### 22F Child or young person in out-of-home care under order of Children’s Court\n\n22F Child or young person in out-of-home care under order of Children’s Court\n\n> A child or young person who, immediately before the commencement of this clause, was in the care of a person (other than a person to whom he or she is related) under an order of the Children’s Court is taken to be a child or young person in out-of-home care.\n> \n> **cll 22D–22H:** Ins 2003 (468), Sch 1 \\[2\\].","sortOrder":36},{"sectionNumber":"22G","sectionType":"section","heading":"Review of placements effected by order of Children’s Court","content":"#### 22G Review of placements effected by order of Children’s Court\n\n22G Review of placements effected by order of Children’s Court\n\n> > (1) This clause applies to a child or young person who, immediately before the commencement of this clause, was in out-of-home care under an order of the Children’s Court.\n> \n> > (2) A review under section 150 of the new Act of the placement of the child or young person is to be conducted before the anniversary of the making of the final order placing the child or young person in out-of-home care and thereafter within every period of 12 months after that anniversary.\n> \n> > (3) Nothing in this clause prevents a review of the placement of the child or young person under section 150 (2) (c) or (d).\n> \n> **cll 22D–22H:** Ins 2003 (468), Sch 1 \\[2\\].","sortOrder":37},{"sectionNumber":"22H","sectionType":"section","heading":"Financial assistance","content":"#### 22H Financial assistance\n\n22H Financial assistance\n\n> > (1) A person receiving an allowance by the Director-General under section 19 (2) of the old Act immediately before the commencement of this clause with respect to a child or young person is taken to have been granted financial assistance with respect to that child or young person under section 161 of the new Act.\n> \n> > (2) A person receiving a payment from the Minister under section 91 (1) (b) or (2) of the old Act immediately before the commencement of this clause with respect to a child or young person is taken to have been granted financial assistance with respect to that child or young person under section 161 of the new Act.\n> \n> **cll 22D–22H:** Ins 2003 (468), Sch 1 \\[2\\].","sortOrder":38},{"sectionNumber":"Division 2","sectionType":"division","heading":null,"content":"## Division 2\n\nDivision 2\n\n22I (Repealed)\n\n**pt 3A, div 2 (cl 22I):** Ins 2003 (468), Sch 1 \\[2\\]. Rep 2008 (471), Sch 1 \\[4\\].","sortOrder":39},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":40},{"sectionNumber":"23","sectionType":"section","heading":"Evidence of young children","content":"#### 23 Evidence of young children\n\n23 Evidence of young children\n\n> Section 260 of the new Act extends to the evidence of a medical practitioner given before the commencement of that section.","sortOrder":41},{"sectionNumber":"24","sectionType":"section","heading":"Power of search and removal of abused children","content":"#### 24 Power of search and removal of abused children\n\n24 Power of search and removal of abused children\n\n> A search warrant issued and in force under section 24 of the old Act immediately before the repeal of that section is taken to be a warrant issued and in force under section 233 of the new Act.","sortOrder":42},{"sectionNumber":"25","sectionType":"section","heading":"Reciprocity between States and Territories","content":"#### 25 Reciprocity between States and Territories\n\n25 Reciprocity between States and Territories\n\n> Any act, matter or thing that, immediately before the repeal of section 95 of the old Act, had effect under that section is taken to have effect under section 255 of the new Act.\n> \n> **cl 25:** Ins 2001 (526), Sch 1.","sortOrder":43},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provisions consequent on making of Children and Young Persons (Care and Protection) Amendment (Out-of-Home Care) Regulation 2008","content":"# Part 5 Provisions consequent on making of Children and Young Persons (Care and Protection) Amendment (Out-of-Home Care) Regulation 2008\n\nPart 5 Provisions consequent on making of [Children and Young Persons (Care and Protection) Amendment (Out-of-Home Care) Regulation 2008](/view/pdf/asmade/sl-2008-472)\n\n**pt 5 (cll 26–35):** Ins 2008 (471), Sch 1 \\[5\\].","sortOrder":44},{"sectionNumber":"26","sectionType":"section","heading":"Interpretation","content":"#### 26 Interpretation\n\n26 Interpretation\n\n> > (1) In this Part:\n> > \n> > the amending Regulation means the Children and Young Persons (Care and Protection) Amendment (Out-of-Home Care) Regulation 2008.\n> \n> > (2) Words and expressions that occur in this Part have the same meanings as they have in the principal Regulation.\n> \n> **pt 5 (cll 26–35):** Ins 2008 (471), Sch 1 \\[5\\].","sortOrder":45},{"sectionNumber":"27","sectionType":"section","heading":"Review of decisions of Children’s Guardian by Administrative Decisions Tribunal","content":"#### 27 Review of decisions of Children’s Guardian by Administrative Decisions Tribunal\n\n27 Review of decisions of Children’s Guardian by Administrative Decisions Tribunal\n\n> Clause 6B (a) (i) of the principal Regulation, as inserted by the amending Regulation, applies to a condition imposed before the commencement of that provision.\n> \n> **pt 5 (cll 26–35):** Ins 2008 (471), Sch 1 \\[5\\].","sortOrder":46},{"sectionNumber":"28","sectionType":"section","heading":"Applications for accreditation","content":"#### 28 Applications for accreditation\n\n28 Applications for accreditation\n\n> Clauses 35A, 35B, 36, 36A and 36B of the principal Regulation, as inserted or substituted by the amending Regulation, apply to applications for accreditation made, but not determined, before the commencement of those clauses.\n> \n> **pt 5 (cll 26–35):** Ins 2008 (471), Sch 1 \\[5\\].","sortOrder":47},{"sectionNumber":"30","sectionType":"section","heading":"Accreditation criteria","content":"#### 30 Accreditation criteria\n\n30 Accreditation criteria\n\n> Accreditation criteria approved before the substitution of clause 36 by the amending Regulation that were approved in accordance with clause 36 as in force at the time of the relevant approval are taken to have been approved in accordance with that clause as substituted by the amending Regulation.\n> \n> **pt 5 (cll 26–35):** Ins 2008 (471), Sch 1 \\[5\\].","sortOrder":48},{"sectionNumber":"31","sectionType":"section","heading":"Granting provisional accreditation","content":"#### 31 Granting provisional accreditation\n\n31 Granting provisional accreditation\n\n> Provisional accreditation may be granted in respect of an application for accreditation whether or not the application was made before the commencement of clause 36A of the principal Regulation, as inserted by the amending Regulation.\n> \n> **pt 5 (cll 26–35):** Ins 2008 (471), Sch 1 \\[5\\].","sortOrder":49},{"sectionNumber":"32","sectionType":"section","heading":"Setting aside decision not to accredit","content":"#### 32 Setting aside decision not to accredit\n\n32 Setting aside decision not to accredit\n\n> > (1) Clause 36C of the principal Regulation, as inserted by the amending Regulation, applies to an application for accreditation determined before the commencement of that clause.\n> \n> > (2) A notice under clause 36C (1) of the principal Regulation that sets aside a decision not to accredit may provide that the decision to accredit is taken to have had effect on and from the date the decision being set aside took effect, or such later date as may be specified in the notice, even if that date is before the commencement of that clause.\n> \n> **pt 5 (cll 26–35):** Ins 2008 (471), Sch 1 \\[5\\].","sortOrder":50},{"sectionNumber":"33","sectionType":"section","heading":"Transfer of accreditation","content":"#### 33 Transfer of accreditation\n\n33 Transfer of accreditation\n\n> Subdivision 2 of Division 4 of Part 6 of the principal Regulation, as inserted by the amending Regulation, applies to a designated agency accredited before the commencement of that Subdivision.\n> \n> **pt 5 (cll 26–35):** Ins 2008 (471), Sch 1 \\[5\\].","sortOrder":51},{"sectionNumber":"34","sectionType":"section","heading":"Accreditation—shortening, suspension and cancellation","content":"#### 34 Accreditation—shortening, suspension and cancellation\n\n34 Accreditation—shortening, suspension and cancellation\n\n> For the avoidance of doubt, clause 40 of the principal Regulation, as substituted by the amending Regulation, does not apply to any proceedings under that clause if the relevant act or omission referred to in clause 40 (2) occurred before the substitution.\n> \n> **pt 5 (cll 26–35):** Ins 2008 (471), Sch 1 \\[5\\].","sortOrder":52},{"sectionNumber":"35","sectionType":"section","heading":"Conditions of accreditation","content":"#### 35 Conditions of accreditation\n\n35 Conditions of accreditation\n\n> The amendments made to Schedule 4 of the principal Regulation by the amending Regulation apply to an accreditation in force immediately before the commencement of the amendments.\n> \n> **pt 5 (cll 26–35):** Ins 2008 (471), Sch 1 \\[5\\].","sortOrder":53}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, this regulation appears to have remained consistent with its original purpose — managing the transition between legislative frameworks for children and young persons in NSW. The multiple amendments are consistent with routine maintenance of transitional provisions as the underlying legislative landscape evolved, rather than any fundamental shift in scope."},"complexity_factors":["Transitional and savings regulations are inherently technical — they require understanding of both the old and new legislative frameworks to fully interpret","The regulation references a parent Act (Children and Young Persons legislation) which itself is complex","Multiple amendments over 13 years (7 versions) suggest evolving complexity","The actual substantive provisions are not visible in the provided text, limiting full assessment","Limited practical complexity for most readers as the regulation primarily affects government agencies rather than individuals directly"],"plain_english_summary":"## Children and Young Persons (Savings and Transitional) Regulation 2000\n\nThis is a **NSW government regulation** that was created to manage the changeover (transition) from an old legal framework to a new one dealing with children and young people.\n\n**What does 'savings and transitional' mean?**\nWhen governments replace old laws with new ones, there is always a question: what happens to things that were already underway under the old rules? 'Savings' provisions preserve rights or obligations that existed before the change. 'Transitional' provisions provide a bridge — telling people and agencies how to move from the old system to the new one without everything falling apart.\n\n**Who does this affect?**\n- Government agencies and workers dealing with child welfare, protection, or youth justice in NSW\n- Children and young people who were already subject to court orders, care arrangements, or official decisions made under the previous law\n- Families involved in child protection proceedings that were in progress when the new law took effect\n\n**Why does it matter?**\nWithout this kind of regulation, changing laws could create chaos — existing court orders might become invalid, ongoing cases could lose legal footing, and people's rights could fall through the cracks. This regulation ensures continuity and legal certainty during the changeover.\n\n**Important note:** The substantive (actual) content of this regulation is not visible in the provided text — only metadata and version history are shown. The regulation has been in force since December 2000 and last amended in July 2013, suggesting it has had ongoing relevance over more than a decade."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This Regulation narrows and extends how the principal Regulation and new Act apply during a transitional period by (a) creating time‑limited interim accreditation and authorisation regimes for bodies and carers that were operating under the old Act (cls 22A, 22AA, 22D–22E), (b) excluding transitional designated agencies from the principal Regulation except where this Regulation provides otherwise (cl 22A(5), cl 22B(8)), and (c) applying later amendments and accreditation procedures to existing or pending applications and decisions (Part 5, cls 26–35). Those measures adjust the immediate regulatory scope compared with straightforward application of the principal Regulation and shift the timing and administrative pathway by which agencies and Community Services become fully subject to the new accreditation framework (see cls 22A, 22B, 22C, 22CA, 22CB, 22CD)."},"complexity_factors":["Extensive cross-references between the old Act, the new Act and the principal Regulation, requiring mapping of equivalent orders (cl 22 and multiple subclauses).","Multiple, time‑limited transitional regimes with different end dates and possible extensions (cls 22A(3), 22AA(2)–(2B)).","Layered administrative discretion vested in the Children’s Guardian and the Minister (cl 22B(2)–(4), cl 22CB, cl 22CD).","Different categories of affected entities (government departments, licensed centres, private fostering agencies, individual carers) with distinct rules (cl 22A(1), cls 22D–22E).","Procedural heterogeneity: some prior processes are carried forward intact (cl 16), others are converted into new-Act equivalents (cls 10, 11, 22), and some are subject to conditional or partial carry-over (cl 19).","Retroactive application of subsequent regulatory amendments to pending accreditation applications and past decisions (Part 5, cls 26–35).","Interplay between deemed authorisations, accreditation transfers and limits on suspension/cancellation creating nuanced compliance outcomes (cls 22CA, 22CD, 22D–22E)."],"plain_english_summary":"What this Regulation does (mechanically)\n\n- Preserves and converts legal situations, orders and processes that began under the older Children (Care and Protection) Act 1987 (the “old Act”) so they continue to operate under the Children and Young Persons (Care and Protection) Act 1998 (the “new Act”). Examples: ongoing court proceedings (cl 16), continuing Children’s Court orders and undertakings (cl 17), appeals to the District Court from earlier Children’s Court orders (cl 18), and the conversion of specific old-Act orders into the corresponding new-Act orders (cl 22).  \n\n- Allows notifications, investigations and certain medical-authority steps started under the old Act to be treated as though made under the new Act so they can be completed under the new Act (cl 10, cl 11, cl 23, cl 24).  \n\n- Keeps people who had care or custody under the old Act in equivalent roles under the new Act (care responsibility, custody, wards) so day-to-day care arrangements and legal responsibilities continue without interruption (cls 8, 9, 12–15).  \n\n- Creates a set of transitional rules for out-of-home care providers and carers so that organisations and people who were operating under the old Act can continue providing care while moving to the new accreditation system. Key elements: interim accreditation for a defined list of bodies (cl 22A), interim accreditation specific to the Community Services branch (cl 22AA), requirements and staged deadlines for Community Services to meet accreditation criteria (cl 22B), and rules on how existing accreditation applications and transfers are handled (cls 22C, 22CA).  \n\n- Deems certain carers to be authorised carers under the new Act where they were authorised, licensed or approved under the old Act (cl 22D, cl 22E).  \n\n- Sets rules about how and when the principal Regulation (the detailed accreditation/regulatory rules) does or does not apply to transitional designated agencies and Community Services during the transition (cls 22A(5), 22B(8)).  \n\n- Prescribes how the Children’s Guardian may impose conditions, take action or limit action against transitional agencies (cls 22CB, 22CD), and applies amendments consequential on a 2008 out-of-home-care amending Regulation to existing or pending accreditation applications and decisions (Part 5, cls 26–35).\n\nWho it affects\n\n- Children and young people who were subject to orders, notifications, temporary care or custody under the old Act (cls 6–15, 16–21).  \n- Organisations and bodies providing out-of-home care immediately before specified transition dates, including government departments, licensed residential child care centres, authorised private fostering agencies and bodies funded by the Department (cl 22A(1)).  \n- Persons who were carers under the old Act (including holders of fostering authority), who are treated as authorised carers under the new Act during the transition (cls 22D–22E).  \n- The Department/Community Services and the Children’s Guardian, who have decisionmaking, monitoring and reporting roles under the transitional rules (cls 22A, 22AA, 22B, 22CB, 22CD).\n\nWhy it matters (official purpose-claims and practical consequences)\n\n- The Regulation’s explicit operational purpose is to preserve legal continuity when the old Act was repealed and the new Act commenced so that existing arrangements, court proceedings, notifications and medical or custodial actions do not fall into legal limbo (see, e.g., cls 5, 10, 16–21).  \n\n- For out-of-home care, clause 22B expressly states an object: to enable Community Services to progressively satisfy the accreditation criteria that apply to it and be accredited under the newer regulation regime (cl 22B(1)–(2)). That claim is implemented by permitting staged compliance dates (cl 22B(2)–(3)), information requests (cl 22B(4)), and reporting of non‑compliance to the Minister (cl 22B(7)).\n\nCost, incentives, trade-offs and implementation features (source‑grounded)\n\n- Who pays / bears compliance costs: agencies and Community Services face the practical cost and effort of meeting accreditation criteria and providing information to the Children’s Guardian (cl 22B(2)–(4)). Transitional designated agencies may also face conditions imposed on accreditation that they must address (cl 22CB(2)–(4)). The Department/Community Services bears administrative duties and reporting obligations (cl 22B(7)). Financial assistance payments under the old Act are carried over as grants under the new Act for recipients already receiving payments (cl 22H(1)–(2)).\n\n- Who decides: the Children’s Guardian is given discretion to set dates for progressive achievement (cl 22B(3)), to request further information (cl 22B(4)), to impose conditions on transitional agencies subject to notice and procedural steps (cl 22CB(2)–(4)), and to take specified action under the principal Regulation except where limited by this Regulation (cl 22CD(1)). The Minister determines the minimum standards or criteria for Community Services on the Children’s Guardian’s recommendation (cl 22B(2)). The Children’s Court and District Court continue to decide and complete proceedings begun under the old Act (cl 16).\n\n- Compliance burden and procedural protections: the Children’s Guardian may only impose certain conditions after giving written notice with particulars and at least 28 days to respond (cl 22CB(3)). Transitional agencies have rights to withdraw accreditation applications (cl 22C(3)), and the Children’s Guardian may reinstate improperly refused applications (cl 22C(7)). However, clause 22CD restricts some grounds for suspension or cancellation for transitional agencies (cl 22CD(2)).\n\n- Discretion and implementation risk: multiple clauses create administrative discretion (Children’s Guardian setting or varying dates, imposing conditions, deciding accreditation outcomes) that must be exercised consistently with notice and review provisions (cls 22B, 22CB, 22CD, part 5 provisions). That discretion implies implementation risk if timeframes, information requests or conditions are contested (see cl 22CB(2)–(4); cl 22C(7)).\n\n- Effects on private providers and independent choice: private fostering agencies and private providers who were operating immediately before the transition are treated as transitional designated agencies and may operate under interim accreditation for defined periods (cl 22A(1)–(3)). This preserves their ability to continue supplying care pending formal accreditation (cl 22A(2)–(3)), but they remain subject to later accreditation decisions, transfer rules and possible conditions (cls 22CA, 22CB, 22CD). Deemed authorisation of carers (cls 22D–22E) reduces immediate administrative disruption for individual carers previously authorised under the old Act.\n\n- Trade-offs and opportunity costs: the Regulation substitutes a time‑limited, administratively managed transition for immediate full application of the principal Regulation. That reduces immediate regulatory interruption for providers and carers (cl 22A(2), 22D–22E) at the cost of requiring staged compliance, monitoring and later accreditation decisions (cl 22B(2)–(3), cl 22C). Part 5 applies later amending-rule changes to pending applications and decisions, which changes the procedural landscape for applicants who had already applied before those amendments (cls 27–35).\n\nKey, concrete limits and conditions in the text\n\n- Interim accreditation generally ends on a specified date unless earlier decision, withdrawal or cancellation occurs; clause 22A sets 14 July 2013 as a backstop end date for the transition period (cl 22A(3)(d)–(6)). Clause 22AA sets a separate backstop and permits the Children’s Guardian to extend Community Services’ interim accreditation to a later date in specified circumstances (cl 22AA(2)–(2B)).  \n\n- The principal Regulation is expressly made not to apply to transitional designated agencies except where this savings Regulation’s Division provides otherwise (cl 22A(5), cl 22B(8)).  \n\n- Certain actions under the old Act (notifications, investigations, medical notices, warrants) are specifically continued and treated under corresponding new-Act provisions so that evidence, investigations and legal authority do not lapse because of repeal (cls 10–15, 23, 24)."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Regulation began as a straightforward savings and transitional instrument for the 1998 Act repeal of the 1987 Act. However, it has grown significantly through amendments (particularly in 2003, 2008, and 2011) to manage the transition of out-of-home care providers to a new accreditation system. Part 3A and Part 5 added extensive regulatory machinery for 'transitional designated agencies' and Community Services accreditation that goes well beyond simple 'savings' provisions. The 2013 amendments further extended transitional arrangements for Community Services to 2015, showing the Regulation evolved into a long-term regulatory management tool rather than a temporary bridge between two Acts."},"complexity_factors":["Extensive cross-referencing between the old Act (1987), new Act (1998), and principal Regulation (2000/2012), requiring readers to hold three legal instruments in mind simultaneously","Nested conditional logic in transitional provisions, particularly clauses 22A and 22AA with multiple termination triggers (dates, applications, withdrawals, cancellations)","Detailed mapping table in clause 22 with 25 rows equating specific sections of the new Act to old Act provisions, some marked 'No equivalent order'","Multiple amendment layers visible in the text (2003, 2005, 2008, 2011, 2013) creating a palimpsest of transitional rules for transitional rules","Specific exceptions to general rules, such as clause 22CD prohibiting certain grounds for suspending transitional agency accreditation","Time-bound provisions with hard-coded sunset dates (e.g., 14 July 2013, 31 July 2015) that require historical context to understand current status","Specialised terminology requiring definitions: 'transitional designated agency', 'principal Regulation', 'accreditation criteria', 'authorised carer'"],"plain_english_summary":"This Regulation smooths the transition from the old Children (Care and Protection) Act 1987 to the new Children and Young Persons (Care and Protection) Act 1998 in New South Wales. It ensures that children, carers, court orders, and agencies don't fall through the cracks when the laws changed.\n\n**Key things it does:**\n\n*   **Preserves existing arrangements:** Children in care, temporary care arrangements, and court orders made under the old law continue under the new law without disruption. For example, a child who was a \"ward\" under the old Act becomes a child under the Minister's parental responsibility under the new Act.\n*   **Converts old legal terms to new ones:** It provides a detailed table matching old court orders (like custody orders) to their new equivalents (like parental responsibility orders).\n*   **Handles unfinished business:** Court proceedings started under the old Act continue under the old rules. Abuse notifications made under the old Act become reports under the new Act.\n*   **Grandfathers in agencies and carers:** Organisations providing foster care and residential care under the old system get temporary accreditation as \"designated agencies\" under the new system, giving them time to meet new standards. Foster carers and others caring for children are automatically recognised as \"authorised carers\" under the new law.\n*   **Protects Aboriginal and Torres Strait Islander children:** If a child was classified differently under the old Act compared to the new Act, any unfinished actions must now follow the new Act's Aboriginal and Torres Strait Islander principles.\n\n**Who it affects:** Children in out-of-home care, foster carers, residential care facilities, government departments handling child protection, and the Children's Court."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/children-and-young-persons-savings-and-transitional-regulation-2000","history":"/api/acts/children-and-young-persons-savings-and-transitional-regulation-2000/history","analysis":"/api/acts/children-and-young-persons-savings-and-transitional-regulation-2000/analysis","conflicts":"/api/acts/children-and-young-persons-savings-and-transitional-regulation-2000/conflicts","importantCases":"/api/acts/children-and-young-persons-savings-and-transitional-regulation-2000/important-cases","documents":"/api/acts/children-and-young-persons-savings-and-transitional-regulation-2000/documents"}}