What it does
The Children and Young Persons (Care and Protection) Act 1998 (the Act) establishes a comprehensive statutory framework for safeguarding the safety, welfare and well-being of children (under 16) and young persons (16-17) in New South Wales. Grounded in s 8, its objects are to ensure children and young persons receive necessary care and protection having regard to parental capacity (s 8(a)), to prioritise long-term stable environments through permanent placement in accordance with the permanent placement principles (s 8(a1), inserted by the Children Legislation Amendment (Wood Inquiry Implementation) Act 2009 No 13), to provide violence-free environments that foster health, development, spirituality, self-respect and dignity (s 8(b)), and to assist parents in child-rearing (s 8(c)). These objects are supported by guiding principles in Chapter 2: the paramountcy of the child's safety, welfare and well-being (s 9(1)); the child's right to express views and have them given due weight according to developmental capacity (s 9(2)(a)); cultural, disability, language, religious, gender identity, sex characteristics and sexuality considerations (s 9(2)(b)); least intrusive intervention consistent with protection (s 9(2)(c)); preservation of identity, language, cultural and religious ties where a child is deprived of family (s 9(2)(d)); timely safe, nurturing, stable and secure environments, with greater emphasis on early decisions for younger children (s 9(2)(e)); retention of significant relationships unless contrary to best interests (s 9(2)(f)); and application of the permanent placement principles (s 9(2)(g)).
The Act operationalises these through a tiered response system. Chapter 3 mandates reporting of children at risk of significant harm (defined in s 23(1) as including unmet basic needs, lack of medical/educational care, physical/sexual abuse, domestic violence exposure, psychological harm or prenatal risk factors). Reports may be made under ss 24, 25 or 27 (mandatory for specified professionals), with anonymity protected (s 26) and reporters shielded from civil, criminal or professional liability if made in good faith (s 29, extended by s 29AAA to institutional reports and s 29AB against retribution). The Secretary must investigate reports (s 30), considering wishes of young persons (s 31) and Aboriginal/Torres Strait Islander identity (s 32), with interagency cooperation facilitated by ss 16-19 and Chapter 16A.