ALECOMM

Children and Young Persons (Care and Protection) Act 1998 No 157 - S51 Duty of Secretary to give information to certain persons

(1)  If a child or young person is in the care responsibility of the Secretary under this Part or a warrant issued under section 233, the Secretary:

(a)  must, as soon as practicable, cause notice of the fact that the child or young person is in the care responsibility of the Secretary, and the fact that an application may be made to the Secretary for the discharge of the child or young person from the care responsibility of the Secretary and the procedures for making such an application, to be given to:

(i)  in the case of a child who is of or above the age of 10 years or a young person—the child or young person, and

(ii)  in the case of a young person—such person as the young person may nominate, being a person who can reasonably be located, and

(iii)  each parent of the child or young person who can reasonably be located, and

(b)  must, in the case of a child, ensure that the child’s parents are kept informed of the whereabouts of the child:

(i)  if the Secretary has no reason to believe that the disclosure of the child’s whereabouts would be prejudicial to the safety, welfare, well-being or interests of the child—by disclosing the whereabouts of the child, or

(ii)  if the Secretary has reason to believe that the disclosure of the child’s whereabouts would be prejudicial to the safety, welfare, well-being or interests of the child—by disclosing only information about the whereabouts of the child that is not high level identification information.

(2)  The Children’s Court, on the hearing of any application made in respect of a child high level identification information about whom has not been disclosed to a parent of the child, may order that the Secretary disclose such of the high level identification information about the child to such of the parents of the child as it may direct.

(3)  Failure to comply with any provision of this section does not invalidate anything done under any other provision of this Act.

Note. If a child or young person is in the care responsibility of the Secretary, high level identification information about the child or young person may be released only on an order of the Children’s Court under this section (or under section 154, if it is a temporary care arrangement).

^{_{Source : http://legislation.nsw.gov.au/#/view/act/1998/157/historical2016-07-08/chap5/part1/div5/sec51}}