Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 250(3)]
Division 1 — Introductory matters
In this Schedule,
unless the contrary intention appears —
authorisation means —
(a) an
approval under the Child Welfare Act 1947 section 111; or
(b) a
licence under the Child Welfare Act 1947 section 112;
commencement day means the day on which
section 250 comes into operation;
existing appeal means an appeal under the
Children’s Court of Western Australia Act 1988 section 42(1)
or 43(4) that has not been finally determined before commencement day;
existing order means an order made under the
Child Welfare Act 1947 section 30 that is in force immediately
before commencement day;
existing proceedings means proceedings under the
Child Welfare Act 1947 section 30 that have not been finally
determined before commencement day;
extended order means an existing order that
applies to a child after the child reaches 18 years of age because of an
extension under the Child Welfare Act 1947 section 49(1);
repealed Act means an Act repealed by
section 250.
2 . Interpretation Act 1984 not affected
The provisions of this
Schedule do not affect the application of the Interpretation Act 1984 to
and in relation to the repeals effected by section 250.
Division 2 — Provisions related to repeal of
Child Welfare Act 1947
(1) On and after
commencement day an existing order that applies to a child until the child
reaches 18 years of age has effect as if it were a protection order
(until 18).
(2) On and after
commencement day an existing order, other than an existing order referred to
in subclause (1) or an extended order, has effect as if it were a
protection order (time-limited).
(3) An order to which
subclause (2) applies has effect —
(a) if
the period until the order is due to expire is less than 2 years, for
that period; or
(b) in
any other case, for a period of 2 years from commencement day.
On and after
commencement day the Child Welfare Act 1947 continues to apply to and in
respect of an extended order as if that Act had not been repealed.
(1) Existing
proceedings are to be dealt with and determined under the
Child Welfare Act 1947 as if that Act had not been repealed.
(2) If, at the
conclusion of existing proceedings, an order commits a child to the care of
the Department or places the child under the control of the Department, the
order has effect —
(a) if
the order applies to the child until the child reaches 18 years of age,
as if it were a protection order (until 18); or
(b) in
any other case, as if it were a protection order (time-limited).
(3) An order to which
subclause (2)(b) applies has effect —
(a) if a
period of less than 2 years is specified in the order, for that period;
or
(b) in
any other case, for a period of 2 years from the day on which the order
is made.
(4) An order made
under the Child Welfare Act 1947 section 29(3aa) that is in force
immediately before commencement day has effect on and after that day as if
that Act had not been repealed.
(1) An existing appeal
is to be dealt with and determined as if —
(a) the
Children’s Court of Western Australia Act 1988 had not been
amended by this Act; and
(b) the
Child Welfare Act 1947 had not been repealed.
(2) If, at the
conclusion of an existing appeal, an order commits a child to the care of the
Department or places a child under the control of the Department, the order
has effect —
(a) if
the order applies to the child until the child reaches 18 years of age,
as if it were a protection order (until 18); or
(b) in
any other case, as if it were a protection order (time-limited).
(3) An order to which
subclause (2)(b) applies has effect —
(a) if a
period of less than 2 years is specified in the order, for that period;
or
(b) in
any other case, for a period of 2 years from the day on which the order
is made.
7 . Records under s. 11
On and after
commencement day records kept under the Child Welfare Act 1947
section 11 in respect of wards and children placed under the control of
the Department are to be taken to be records kept by the CEO for the purposes
of section 128.
8 . Operation of orders under s. 13 or 14
An order made under
the Child Welfare Act 1947 section 13 or 14 that is in force
immediately before commencement day ceases to have effect on that day.
9 . Children detained under s. 29(3a)
(1) A child who
immediately before commencement day is detained in a hospital under the
Child Welfare Act 1947 section 29(3a) is to be taken on and after
that day to be kept in the hospital under section 40(2).
(2) If
subclause (2) applies to a child the period for which the child was
detained in the hospital before commencement day is to be taken into account
for the purposes of section 40(7) .
An order made under
the Child Welfare Act 1947 section 40A that is in force immediately
before commencement day has effect on and after that day as if it were an
order under section 73.
11 . Applications under s. 47
An application made to
the Minister or the Court under the Child Welfare Act 1947
section 47(2) that has not been finally determined immediately before
commencement day is to be dealt with and determined under that Act as if it
had not been repealed.
12. Notices under s. 107A or 107B
A notice under the
Child Welfare Act 1947 section 107A(4) or 107B(4) that is in force
immediately before commencement day has effect on and after that day as if it
were a notice under section 193(2).
13 . Warrants under s. 67
A warrant issued under
the Child Welfare Act 1947 section 67 that is in force immediately
before commencement day has effect on and after that day as if it had been
issued under this Act.
14. Authorisations under s. 111 or 112
(1) An authorisation
that is in force immediately before commencement day has effect on and after
that day as if it were an approval under section 104(3).
(2) Despite
section 104(4)(b), an authorisation referred to in subclause (1) has
effect, under and subject to this Act, for the remainder of the period for
which it would have had effect if the Child Welfare Act 1947 had not
been repealed.
15 . Orders and proceedings under Part VIIIA
(1) An application
under the Child Welfare Act 1947 Part VIIIA that has not been finally
determined immediately before commencement day is to be dealt with and
determined under the corresponding provision of Part 6.
(2) An interim order
made under the Child Welfare Act 1947 section 120P that is in force
immediately before commencement day has effect on and after that day as if it
were an interim order under the corresponding provision of Part 6.
(3) An appeal under
the Child Welfare Act 1947 section 120L or 120Q that has not been
finally determined immediately before commencement day is to be dealt with and
determined as if it were an appeal under the corresponding provision of
Part 6.
An order made under
the Child Welfare Act 1947 section 146A that is in force
immediately before commencement day has effect on and after that day as if
that Act had not been repealed.
Division 3 — Provisions related to repeal of
Community Services Act 1972
17 . Status of Ministerial Body
The Community
Development Ministerial Body established by section 18 is a continuation
of, and the same legal person, as the body corporate established by the
Community Services Act 1972 section 6 as in force before
commencement day.
18 . Licences and permits under s. 17B
(1) A licence or
permit issued under the Community Services Act 1972 section 17B
that is in force immediately before commencement day has effect on and after
that day as if it were a licence issued under Part 8.
(2) A licence or
permit referred to in subclause (1) has effect, under and subject to this
Act, for the remainder of the period specified in the licence or permit.
19 . Applications under s. 17B
An application for a
licence or permit under the Community Services Act 1972 section 17B
that has not been finally determined immediately before commencement day is to
be dealt with and determined as if it were an application for a licence under
Part 8.
An appeal under the
Community Services Act 1972 section 17C that has not been finally
determined immediately before commencement day is to be dealt with and
determined as if that Act had not been repealed.
21 . Bodies established under s. 22
(1) A board, committee
or council established under the Community Services Act 1972
section 22 that is in existence immediately before commencement day
continues on and after that day as an advisory body under section 27.
(2) A person who is a
member of a board, committee or council referred to in subclause (1)
immediately before commencement day continues in office on and after that day
for the remainder of the term of his or her appointment.
(3) An order under the
Community Services Act 1972 section 22(1) that is in force
immediately before commencement day has effect on and after that day as if it
were an instrument made by the Minister under section 27(5).
Division 4 — Provisions related to repeal of
Welfare and Assistance Act 1961
22 . Advances and grants of assistance
(1) An advance or
grant of assistance under the Welfare and Assistance Act 1961 that is in
force immediately before commencement day has effect on and after that day as
if it were assistance provided under Part 9.
(2) An advance or
grant of assistance referred to in subclause (1) is subject to the same
terms and conditions (if any) as applied to it immediately before commencement
day.
23 . Applications for assistance
An application for
assistance under the Welfare and Assistance Act 1961 that has not been
finally determined immediately before commencement day is to be dealt with and
determined as if it were an application for assistance under section 233.
Division 5 — General provisions for transition to this
Act
[Heading amended by No. 49 of 2010
s. 83(1).]
24 . References to repealed Acts
If in a written law or
other document or instrument there is a reference to a repealed Act, the
reference is to be read, unless the context otherwise requires, as if it had
been amended to be a reference to this Act.
25 . Powers in relation to transitional matters
(1) If there is no
sufficient provision in this Schedule for dealing with a transitional matter
the Governor may make regulations prescribing all matters that are required,
necessary or convenient to be prescribed in relation to that matter.
(2) Regulations made
under subclause (1) may provide that specific provisions of this
Act —
(a) do
not apply; or
(b)
apply with specific modifications,
to or in relation to
any matter.
(3) Regulations made
under subclause (1) must be made within 12 months after commencement
day.
(4) If regulations
made under subclause (1) provide that a specified state of affairs is to
be taken to have existed, or not to have existed, on and from a day that is
earlier than the day on which the regulations are published in the Gazette but
not earlier than commencement day, the regulations have effect according to
their terms.
(5) In
subclause (4) —
specified means specified or described in the
regulations.
(6) If regulations
contain a provision referred to in subclause (4), the provision does not
operate so as —
(a) to
affect in a manner prejudicial to any person (other than the State), the
rights of that person existing before the day of publication of those
regulations; or
(b) to
impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the day of
publication of those regulations.
Division 6 — Provisions for the Children and Community
Services Amendment Act 2010
[Heading inserted by No. 49 of 2010
s. 83(2).]
An appointment that
was in effect under section 25 immediately before the commencement of the
Children and Community Services Amendment Act 2010 section 52 (the
amending section ) is, on and after that commencement, to be taken to be a
designation under section 25 as inserted by the amending section.
[Clause 26 inserted by No. 49 of 2010
s. 83(2).]
(1) In this
clause —
Ministerial Body has the meaning given in
section 17 as amended by the Children and Community Services Amendment
Act 2010 section 44;
section 18(1) means section 18(1) as
inserted by the Children and Community Services Amendment Act 2010
section 45.
(2) The renaming of
the Ministerial Body under section 18(1) does not affect its continuity
or legal status.
(3) A reference in a
written law or other document to the Community Development Ministerial Body is
to be construed as a reference to the Ministerial Body as renamed under
section 18(1) unless in the context it would be inappropriate to do so.
[Clause 27 inserted by No. 49 of 2010
s. 83(2).]
28 . Protection orders (enduring parental
responsibility)
(1) In this
clause —
commencement means the commencement of the
Children and Community Services Amendment Act 2010 section 27.
(2) A protection order
(enduring parental responsibility) that was in effect under this Act
immediately before the commencement has effect, on and after the commencement,
as if it were a protection order (special guardianship).
(3) On and after the
commencement any protection proceedings or other proceedings under this Act
concerning a protection order (enduring parental responsibility) that have not
been finally determined are to be dealt with and determined as if they were
proceedings concerning a protection order (special guardianship).
(4) A reference in a
written law or other document to a protection order (enduring parental
responsibility) under this Act is to be construed as a reference to a
protection order (special guardianship) unless in the context it would be
inappropriate to do so.
[Clause 28 inserted by No. 49 of 2010
s. 83(2).]
[Schedule 2 omitted under the Reprints Act 1984 s. 7(4)(e).]
