3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act— > > > > Aboriginal—see section 5. > > > > Aboriginal and Torres Strait Islander Children and Young Persons Principle—see section 12A(1). > > > > accredited adoption service provider has the same meaning as in the [Adoption Act 2000](/view/html/inforce/current/act-2000-075). > > > > administrator, of the Guardian Ad Litem Panel, means— > > > > > (a) the Secretary, or > > > > > (b) the person prescribed by the regulations as the administrator of the Guardian Ad Litem Panel. > > > > alternative dispute resolution—see section 244A. > > > > authorised carer—see section 137. > > > > authorised officer has the same meaning as it has in the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > > > > authorised residential care worker—see section 137AA. > > > > care application—see section 60. > > > > care order—see section 60. > > > > care plan means a plan to meet the needs of a child or young person— > > > > > (a) that is developed through agreement with the parents of the child or young person, or > > > > > (b) that represents a set of proposals for consideration by the Children’s Court. > > > > Note. > > > > A care plan is not enforceable except to the extent to which aspects of it are endorsed by an order of the Children’s Court. > > > > care proceedings—see section 60. > > > > care responsibility means the authority to exercise the functions specified in section 157. > > > > carer applicant means a person who has applied to a designated agency to be authorised as an authorised carer and whose application has not been withdrawn or finally determined. > > > > child means a person who is under the age of 16 years. > > > > Children’s Court means the Children’s Court of New South Wales constituted by the [Children’s Court Act 1987](/view/html/inforce/current/act-1987-053). > > > > Children’s Court Clinic means the Children’s Court Clinic referred to in section 15B of the [Children’s Court Act 1987](/view/html/inforce/current/act-1987-053). > > > > Children’s Guardian means the Children’s Guardian appointed under section 115 of the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025). > > > > Children’s Registrar means a Children’s Registrar within the meaning of the [Children’s Court Act 1987](/view/html/inforce/current/act-1987-053). > > > > contact order—see section 86(1). > > > > contract breach notice—see section 38E. > > > > Department means the Department of Communities and Justice. > > > > designated agency has the same meaning as in the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025). > > > > direct legal representative—see section 99A(1). > > > > entity includes— > > > > > (a) a person, and > > > > > (b) an unincorporated body. > > > > exercise a function includes perform a duty. > > > > function includes— > > > > > (a) a power, and > > > > > (b) an authority, and > > > > > (c) a duty. > > > > guardian—see section 79A. > > > > Guardian Ad Litem Panel means the panel constituted as the Guardian Ad Litem Panel by the administrator. > > > > guardianship order—see section 79A(2). > > > > high level identification information, in relation to a child or young person who is in the care responsibility of the Secretary (whether under a temporary care arrangement or otherwise) or who is in out-of-home care, means the following— > > > > > (a) the surnames of the authorised carer of the child or young person and of any other person living in the household of the authorised carer, > > > > > (b) the street address and locality of the authorised carer of the child or young person, > > > > > (c) the telephone number of the authorised carer of the child or young person, > > > > > (d) details of the employment or activities of the authorised carer of the child or young person that would be sufficient to identify the authorised carer, > > > > > (e) the name of the school that the child or young person is attending, > > > > > (f) any other type of information prescribed by the regulations. > > > > independent legal representative—see section 99A(2). > > > > kin of a child or young person means a person who shares a cultural, tribal or community connection with the child or young person that is recognised by that child or young person’s family or community. > > > > legal representative means an Australian legal practitioner. > > > > non-court proceedings means any aspect of care proceedings that is not conducted before the Children’s Court and includes, but is not limited to, the following— > > > > > (a) any counselling, > > > > > (b) any dispute resolution conference under section 65 or 91D, > > > > > (c) any other alternative dispute resolution process. > > > > out-of-home care—see section 135. > > > > parent of a child or young person means a person having parental responsibility for the child or young person. > > > > parent capacity order—see section 91A. > > > > parent responsibility contract—see section 38A. > > > > parental responsibility, in relation to a child or young person, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children. > > > > permanency plan means a plan that makes provision with respect to permanency planning. > > > > permanency plan involving restoration—see section 84. > > > > permanency planning—see section 78A. > > > > permanent placement—see section 10A(1). > > > > permanent placement principles—see section 10A(3). > > > > primary care-giver, in relation to a child or young person, means each person who is primarily responsible for the care and control, including the day-to-day care and control, of the child or young person (whether or not that person is the person with parental responsibility or care responsibility for the child or young person). > > > > principal officer—see section 5A. > > > > principle of active efforts—see section 9A. > > > > prohibition order—see section 90A(1). > > > > prospective guardian means a person whose suitability to have parental responsibility for a child or young person allocated to the person under a guardianship order is being considered (whether by the Secretary, a designated agency or the Children’s Court) and who has agreed to an assessment of the person’s suitability under section 79B(1A) (including as applied by section 38(4)). > > > > Registrar means the following— > > > > > (a) a Children’s Registrar within the meaning of the [Children’s Court Act 1987](/view/html/inforce/current/act-1987-053), > > > > > (b) a Registrar of the Children’s Court referred to in section 11 of that Act, > > > > > (c) any authorised justice within the meaning of the [Bail Act 2013](/view/html/inforce/current/act-2013-026). > > > > relative of a child or young person means any of the following— > > > > > (a) a parent, step-parent, or spouse of a parent or step-parent, of the child or young person, > > > > > (b) a grandparent, brother, sister, step-brother, step-sister, cousin, niece or nephew, uncle or aunt (whether by blood, marriage, affinity or adoption) of the child or young person, > > > > > (c) a person who has parental responsibility for the child or young person (not being the Minister, the Secretary or a person who has parental responsibility other than in his or her personal capacity), > > > > > (d) a person who has care responsibility for the child or young person under the [Adoption Act 2000](/view/html/inforce/current/act-2000-075) (not being the Minister, the Secretary or a person who has care responsibility other than in his or her personal capacity), > > > > > (e) in the case of a child or young person who is an Aboriginal or Torres Strait Islander—a person who is part of the extended family or kin of the child or young person. > > > > report means a report made under section 24, 25 or 27. > > > > rules means rules made under the [Children’s Court Act 1987](/view/html/inforce/current/act-1987-053). > > > > Secretary means the Secretary of the Department. > > > > Torres Strait Islander—see section 5. > > > > young person means a person who is aged 16 years or above but who is under the age of 18 years. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) In this section, spouse of a person means— > > > > > (a) a person to whom the person is legally married (including a husband or wife of the person), or > > > > > (b) the person’s de facto partner, > > > > but if more than one person would so qualify as a spouse, means only the latest person to so qualify. > > > > Note. > > > > De facto partner is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > **s 3:** Am 2000 No 76, Sch 2 \[1\] \[2\]; 2001 No 91, Sch 1 \[1\] \[2\]; 2002 No 103, Sch 4.6 \[1\]; 2003 No 26, Sch 2.1 \[1\]; 2003 No 40, Sch 1.6 \[1\]; 2005 No 93, Sch 1 \[1\]; 2006 No 60, Sch 1 \[1\]; 2006 No 67, Sch 1 \[1\]; 2006 No 95, Sch 3 \[1\]; 2009 No 13, Schs 1.2 \[1\], 1.6 \[1\]; 2010 No 63, Sch 1.2 \[1\]; 2010 No 67, Sch 1 \[1\]; 2011 No 70, Sch 2.2 \[1\]; 2013 No 31, Sch 2 \[1\]; 2013 No 47, Sch 2.5 \[1\]; 2014 No 5, Sch 2.2 \[1\]; 2014 No 8, Sch 1 \[1\]–\[4\]; 2015 No 29, Sch 3 \[2\]; 2018 No 28, Sch 1.6; 2018 No 68, 1.3 \[1\]; 2018 No 81, Sch 1 \[1\]; 2019 No 25, Sch 5.8\[1\]; 2021 No 45, Sch 3\[1\]; 2022 No 33, Sch 2.2\[1\]; 2022 No 67, Sch 1\[1\].