❓ Hon Nick Goiran asks about the catalyst, consultation process, and resolution of concerns regarding the Children and Community Services Amendment Regulations 2021. The answer explains the regulations were required due to advice regarding the validity of previous regulations.
AnsweredQoN 103Legislative Council
QuestionView source ↗
I refer to the Children and Community Services Amendment Regulations 2021 , and I ask: (a) what
was the catalyst for bringing about these amendments to the regulations; (b) who
was consulted prior to these amendment regulations being finalised; (c) did
any person consulted raise any concerns; (d) if
yes to (c), what were these concerns; (e) have
the finalised amendment regulations addressed these concerns; and (f) if
no to (e), why not?
was the catalyst for bringing about these amendments to the regulations; (b) who
was consulted prior to these amendment regulations being finalised; (c) did
any person consulted raise any concerns; (d) if
yes to (c), what were these concerns; (e) have
the finalised amendment regulations addressed these concerns; and (f) if
no to (e), why not?
AnswerView source ↗
Answered
15 June 2021
Responded by
Parliamentary Secretary representing the Minister for Child Protection
Response time
9 days
(a) - (f) The Children and Community Services Amendment Regulations 2021 were required following advice from Parliamentary Counsel’s Office that the Children and Services Amendment Regulations (No.2) 2020 should be repealed as a priority.
The Children and Community Services Amendment Regulations (No.2) 2020 were made to address an unintended effect of consequential amendments to section 24A(1)(d)(i) of the Children and Community Services Act 2004 made by the High Risk Serious Offenders Act 2020. However, it later became apparent to Parliamentary Counsel that the Children and Community Services Amendment Regulations (No.2) 2020 were made outside the scope of the regulation-making power under which they were purported to have been made.
The Children and Community Services Amendment Regulations (No.2) 2020 were made to address an unintended effect of consequential amendments to section 24A(1)(d)(i) of the Children and Community Services Act 2004 made by the High Risk Serious Offenders Act 2020. However, it later became apparent to Parliamentary Counsel that the Children and Community Services Amendment Regulations (No.2) 2020 were made outside the scope of the regulation-making power under which they were purported to have been made.
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