NSWIn ForceAct
Children and Young Persons (Care and Protection) Act 1998
138Persons who may arrange for provision of statutory or supported out-of-home care
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#### 138 Persons who may arrange for provision of statutory or supported out-of-home care
138 Persons who may arrange for provision of statutory or supported out-of-home care
> > (1) Arrangements for the provision of statutory or supported out-of-home care may be made only by—
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> > > (a) a designated agency, or
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> > > (b) the Children’s Guardian.
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> > (2) A person, other than a designated agency or the Children’s Guardian—
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> > > (a) who places or arranges for the placement of a child or young person in statutory or supported out-of-home care, or
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> > > (b) who advertises or holds himself, herself or itself out as being willing to place or arrange for the placement of a child or young person in statutory or supported out-of-home care,
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> > is guilty of an offence.
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> > Maximum penalty (subsection (2)): 200 penalty units.
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> Note.
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> An offence against subsection (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 258.
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> **s 138:** Am 2009 No 13, Sch 1.3 \[7\]; 2012 No 97, Sch 1.3 \[3\].